Simplifying Financial Aid for Students Act of 2018
This bill amends the Higher Education Act of 1965 to simplify the financial aid application process for students and make unlawful aliens eligible for higher education benefits under certain circumstances.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3353 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3353
To amend the Higher Education Act of 1965 to require the Secretary to
provide for the use of data from the second preceding tax year to carry
out the simplification of applications for the estimation and
determination of financial aid eligibility, to increase the income
threshold to qualify for zero expected family contribution, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 16, 2018
Mr. Booker (for himself, Mr. Blumenthal, Mrs. Gillibrand, Mr. Merkley,
Mr. Jones, Ms. Harris, and Ms. Cortez Masto) 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 require the Secretary to
provide for the use of data from the second preceding tax year to carry
out the simplification of applications for the estimation and
determination of financial aid eligibility, to increase the income
threshold to qualify for zero expected family contribution, 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 ``Simplifying Financial Aid for
Students Act of 2018''.
SEC. 2. USING DATA FOR SECOND PRECEDING YEAR.
Section 480(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)(1)(B)) is amended to read as follows:
``(B) Notwithstanding section 478(a) and beginning
not later than 180 days after the date of enactment of
the Simplifying Financial Aid for Students Act of 2018,
the Secretary shall provide for the use of data from
the second preceding tax year when and to the extent
necessary to carry out the simplification of
applications (including simplification for a subset of
applications) used for the estimation and determination
of financial aid eligibility. Such simplification shall
include the sharing of data between the Internal
Revenue Service and the Department, pursuant to the
consent of the taxpayer.''.
SEC. 3. FAMILY CONTRIBUTION.
(a) Family Contribution.--Section 473(b) of the Higher Education
Act of 1965 (20 U.S.C. 1087mm(b)) is amended--
(1) by striking the subsection heading and inserting ``Zero
Family Contribution'';
(2) in paragraph (1), by adding ``or (3)'' after
``paragraph (2)'';
(3) in paragraph (2)--
(A) by striking the paragraph heading and inserting
``Children of certain deceased veterans'';
(B) in each of subparagraphs (B) and (C), by
redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively and adjusting the margins
accordingly;
(C) by redesignating subparagraphs (A), (B), and
(C), as clauses (i), (ii), and (iii), respectively; and
(D) by striking ``Paragraph (1) shall'' and
inserting the following:
``(A) Applicability.--Paragraph (1) shall'';
(4) in paragraph (3)--
(A) in subparagraph (A), by striking
``subparagraphs (A), (B)(i), and (C) of paragraph (2)''
and inserting ``clause (i), (ii)(I), and (iii) of
subparagraph (A)'';
(B) in subparagraph (B)--
(i) by striking ``subparagraphs (A),
(B)(ii), and (C) of paragraph (2)'' and
inserting ``clause (i), (ii)(II), and (iii) of
subparagraph (A)''; and
(ii) by redesignating clauses (i) through
(iii) as subclauses (I) through (III),
respectively, and adjusting the margins
accordingly; and
(C) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly;
(5) by redesignating paragraph (3) as subparagraph (B), and
adjusting the margins accordingly; and
(6) by inserting after paragraph (2)(B), as redesignated by
paragraph (5), the following:
``(3) Recipients of certain means-tested benefits.--
``(A) In general.--Paragraph (1) shall apply to a
student if--
``(i) that student is a dependent student
whose parent participated in a means-tested
Federal benefits program at any time during the
period encompassed from the beginning of the
second prior calendar year through the date of
filing; or
``(ii) that student is independent and the
student or spouse of that student participated
in a means-tested Federal benefits program at
any time during the period encompassed from the
beginning of the second prior calendar year
through the date of filing.
``(B) Means-tested federal benefits program.--In
this paragraph, the term `means-tested Federal benefits
program' means--
``(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 program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
``(iii) the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.);
``(iv) a State program funded under the
temporary assistance for needy families program
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
``(v) 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); and
``(vi) any other program determined by the
Secretary to be appropriate based on--
``(I) the reliability under which
the need for benefits from the program
is established; and
``(II) the feasibility of data
linkages.''.
(b) Simplified Needs Test.--Section 479 of the Higher Education Act
of 1965 (20 U.S.C. 1087ss) is amended to read as follows:
``SEC. 479. SIMPLIFIED NEEDS TESTS.
``(a) Simplified Application Section.--
``(1) In general.--The Secretary shall develop and use an
easily identifiable simplified application section as part of
the common financial reporting form prescribed under section
483(a) for families described in subsections (b) and (c) of
this section.
``(2) Reduced data requirements.--The simplified
application form shall--
``(A) in the case of a family meeting the
requirements of subsection (b)(1), permit such family
to submit only the data elements required under
subsection (b)(2) for the purposes of establishing
eligibility for student financial aid under this part;
and
``(B) in the case of a family meeting the
requirements of subsection (c), permit such family to
be treated as having an expected family contribution
equal to zero for purposes of establishing such
eligibility and to submit only the data elements
required to make a determination under subsection (c).
``(b) Simplified Needs Test.--
``(1) Eligibility.--An applicant is eligible to file a
simplified form containing the elements required by paragraph
(2) if--
``(A) the applicant did not file and was not
required to file any Federal tax return during the 24-
month period preceding the date of the determination of
eligibility;
``(B) the applicant, or, in the case of an
applicant who is a dependent student, the applicant's
parent, participated in a means-tested Federal benefits
program, as described in section 473(b)(3)(B), during
the 24-month period preceding the date of the
determination of eligibility;
``(C) the applicant, or, in the case of an
applicant who is a dependent student, the applicant's
parent, filed a form 1040A, 1040EZ, or 1040 (including
any prepared or electronic version of such form)
required pursuant to the Internal Revenue Code of 1986,
with no forms or schedules, during the 24-month period
preceding the date of the determination of eligibility;
``(D) in the case of an applicant who is a
dependent student--
``(i) the student's parents include at
least one parent who is a dislocated worker;
and
``(ii) the total adjusted gross income of
the parents (excluding any income of the
dependent student) is less than $50,000; or
``(E) in the case of an applicant who is an
independent student--
``(i) the student is a dislocated worker or
has a spouse who is a dislocated worker; and
``(ii) the adjusted gross income of the
student (and the student's spouse, if any) is
less than $50,000.
``(2) Simplified test elements.--The six elements to be
used for the simplified needs analysis are--
``(A) adjusted gross income;
``(B) Federal taxes paid;
``(C) untaxed income and benefits;
``(D) the number of family members;
``(E) the number of family members in postsecondary
education; and
``(F) an allowance (A) for State and other taxes,
as defined in section 475(c)(2) for dependent students
and in section 477(b)(2) for independent students with
dependents other than a spouse, or (B) for State and
other income taxes, as defined in section 476(b)(2) for
independent students without dependents other than a
spouse.
``(3) Qualifying forms.--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--
``(A) a form 1040A or 1040EZ (including any
prepared or electronic version of such form) required
pursuant to the Internal Revenue Code of 1986;
``(B) a form 1040 (including any prepared or
electronic version of such form) required pursuant to
the Internal Revenue Code of 1986, except that such
form shall be considered a qualifying form only if the
student or family files such form in order to take a
tax credit under section 25A of the Internal Revenue
Code of 1986, and would otherwise be eligible to file a
form described in subparagraph (A); or
``(C) an income tax return (including any prepared
or electronic version of such return) required pursuant
to the tax code of the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Republic
of the Marshall Islands, the Federated States of
Micronesia, or Palau.
``(c) Zero Expected Family Contribution.--The Secretary shall
consider an applicant to have an expected family contribution equal to
zero if--
``(1) in the case of a dependent student--
``(A) the student's parents include at least one
parent who is a dislocated worker; and
``(B) the sum of the adjusted gross annual income
of the parents is less than or equal to $36,000; or
``(2) in the case of an independent student with dependents
other than a spouse--
``(A) the student (and the student's spouse, if
any) is a dislocated worker or has a spouse who is a
dislocated worker; and
``(B) the sum of the adjusted gross annual income
of the student and spouse (if appropriate) is less than
or equal to $36,000.
An individual is not required to qualify or file for the earned income
credit in order to be eligible under this subsection. 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).
``(d) Dislocated Worker.--In this section, the term `dislocated
worker' has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act.''.
SEC. 4. FAFSA SIMPLIFICATION.
(a) FAFSA Simplification.--Section 483(f) of the Higher Education
Act of 1965 (20 U.S.C. 1090(f)) is amended to read as follows:
``(f) Reduction of Income and Asset Information To Determine
Eligibility for Student Financial Aid.--
``(1) Use of internal revenue service data retrieval tool
to populate fafsa.--The Secretary shall--
``(A) make every effort to make available and allow
applicants to utilize the data retrieval tool that is
in existence on the date of enactment of the
Simplifying Financial Aid for Students Act of 2018 to
transfer data available from the Internal Revenue
Service to reduce the amount of original data entry by
applicants and strengthen the reliability of data used
to calculate expected family contributions, including
through the use of technology to--
``(i) allow an applicant to automatically
populate the electronic version of the forms
under this section with data available from the
Internal Revenue Service;
``(ii) direct an applicant to appropriate
questions on such forms based on the
applicant's answers to previous questions;
``(iii) identify the type of form filed and
whether certain forms or schedules, as
identified by the Secretary, were filed with
Federal form 1040; and
``(iv) allow an applicant to verify that
the applicant or the family of the applicant
did not file a Federal tax return without
additional action on the part of the student;
and
``(B) allow single taxpayers, married taxpayers
filing jointly, and married taxpayers filing separately
to utilize such data retrieval tool to its full
capacity.
``(2) Strengthening the irs data retrieval tool.--The
Secretary shall work with the Secretary of the Treasury to
expand the capabilities of the Internal Revenue Service data
retrieval tool by--
``(A) incorporating all fields from Federal tax
returns and W2 forms relevant to needs analysis; and
``(B) incorporating line items from forms and
schedules identified by the Secretary into the data
retrieval tool.
``(3) Cross agency linkages.--
``(A) In general.--The Secretary, in coordination
with the head of each agency that administers a
specified means-tested Federal benefits program, shall
examine how the agency can verify an applicant or an
applicant's family's receipt of specified means-tested
Federal benefits in order to compute an expected family
contribution for low-income students in order to
simplify, for students, the application process for
student financial assistance.
``(B) Automatic maximum federal pell grant.--The
Secretary shall ensure that a student who is described
in section 473(b)(3) or whose adjusted gross income or
family adjusted gross income is less than $36,000
annually during the 24-month period preceding the date
of the determination, is a full-time student, and
submits a form under this section, shall receive a
maximum Federal Pell Grant and a zero expected family
contribution determination without additional action on
the part of the student or the family of the student.
``(C) Part-time students.--The Secretary shall
ensure that a part-time student who is described in
section 473(b)(3) and submits a form under this section
shall receive a zero expected family contribution
determination.
``(4) Report.--The Secretary shall report to Congress
annually on the Department's progress in maintaining and
expanding the Internal Revenue Service data retrieval tool and
in establishing cross agency linkages, as described in this
subsection, and simultaneously make such reports publicly
available.''.
(b) Mobile Use.--Section 483(a)(3) of the Higher Education Act of
1965 (20 U.S.C. 1090(a)(3)) is amended by adding at the end the
following:
``(I) Mobile device format.--The Secretary shall
make the electronic version of the forms under this
paragraph available through a technology tool that can
be used on mobile devices. Such technology tool shall,
at a minimum, enable applicants to--
``(i) save data; and
``(ii) submit the electronic version of the
forms under this paragraph to the Secretary
through such tool.''.
(c) Languages for FAFSA.--The Secretary, in conjunction with the
Director of the Census Bureau, shall determine the most common
languages spoken at home in the United States and shall develop
versions of the FAFSA form in each of those languages.
(d) Outreach by Financial Aid Advisors.--Section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090 et seq.) is amended by adding at
the end the following:
``(i) Outreach by Financial Aid Advisors.--An institution of higher
education may use information provided on a FAFSA to reach out to and
counsel a student on the student's eligibility for means-tested
benefits in which the student is not enrolled and outside scholarships
for which a student is eligible.''.
SEC. 5. DEFINITIONS OF TOTAL INCOME AND ASSETS.
(a) Total Income.--Section 480(a)(1) of the Higher Education Act of
1965 (20 U.S.C. 1087vv(a)(1)) is amended to read as follows:
``(1) In general.--Except as provided in paragraph (2), the
term `total income' is equal to--
``(A) in the case of an individual who has not
filed, and is not required to file, any Federal tax
return or in the case of a qualified recipient of a
means-tested Federal benefits program, as defined in
section 473(b)(3)(B), earned income for the second
preceding tax year minus excludable income (as defined
in subsection (e));
``(B) in the case of an individual who filed a
Federal form 1040EZ, 1040A, or 1040 with no forms or
schedules, adjusted gross income plus untaxed income
and benefits for the second preceding tax year minus
excludable income (as defined in subsection (e)); and
``(C) in the case of an individual who filed a
Federal form 1040 with forms or schedules or in the
case of an individual who filed a foreign tax return in
lieu of a Federal tax return, adjusted gross income
plus untaxed income and benefits for the second
preceding fiscal tax year minus excludable income (as
defined in subsection (e)).''.
(b) Conforming Amendment.--Section 480(a) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(a)) is amended--
(1) by moving paragraph (2) two ems to the right; and
(2) in paragraph (2), by striking ``No portion'' and
inserting the following: ``Amounts not included.--No portion''.
(c) Untaxed Income and Benefits.--Section 480(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(b)) is amended to read as
follows:
``(b) Untaxed Income and Benefits.--The term `untaxed income and
benefits' means--
``(1) the aggregate amount of losses taken into account for
determining adjusted gross income on Federal form 1040;
``(2) the amount of any tax-exempt interest income reported
on Federal form 1040; and
``(3) amounts of foreign income excluded from adjusted
gross income and reported on Federal form 2555.''.
(d) Excludable Income.--Section 480(e) of the Higher Education Act
of 1965 (20 U.S.C. 1087vv(e)) is amended to read as follows:
``(e) The term `excludable income' means--
``(1) any student financial assistance awarded based on
need as determined in accordance with the provisions of this
part, including any income earned from work under part C of
this title; and
``(2) payments made and services provided under part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.) to
or on behalf of any child or youth over whom the State agency
has responsibility for placement, care, or supervision,
including the value of vouchers for education and training and
amounts expended for room and board for youth who are not in
foster care but are receiving services under section 477 of
such Act (42 U.S.C. 677).''.
(e) Assets.--Section 480(f)(1) of the Higher Education Act of 1965
(20 U.S.C. 1087vv(f)(1)) is amended by striking ``The term'' and all
that follows through the period at the end and inserting the following:
``(A) In determining the value of assets in a
determination of need under this title--
``(i) in the case of an individual who has
not filed, and is not required to file, any
Federal tax return or in the case of a
qualified recipient of a means-tested Federal
benefits program, as defined in section
473(b)(3)(B), the individual's assets shall be
considered to be equal to zero; and
``(ii) in the case of a parent of a
dependent student or in the case of an
independent student with dependents other than
a spouse, the individual's assets shall be
considered to be equal to zero if that parent
or independent student filed a Federal form
1040EZ, 1040A, or 1040 with no forms or
schedules.
``(B) In the case of an individual who filed a form
1040 with forms or schedules, the term assets means
cash on hand, including the amount in checking and
savings accounts, time deposits, money market funds,
trusts, stocks, bonds, other securities, mutual funds,
tax shelters, qualified education benefits (except as
provided in paragraph (3)), and the net value of real
estate, income producing property, and business and
farm assets, excluding the primary home.''.
(f) Special Combat Pay.--Section 480 of the Higher Education Act of
1965 (20 U.S.C. 1087vv) is amended--
(1) in subsection (j), by striking paragraph (4); and
(2) by striking subsection (n).
SEC. 6. ELIMINATING UNNECESSARY AND BURDENSOME QUESTIONS.
(a) Prohibition.--Section 483(a) of the Higher Education Act of
1965 (20 U.S.C. 1090(a)) is amended by adding at the end the following:
``(13) Prohibition of unnecessary and burdensome
questions.--Notwithstanding any other provision of law, the
Secretary shall not include on any form developed under this
section a question about--
``(A) the applicant's criminal history,
registration for selective service, net worth of a
business or farm, taxable earnings from need-based
employment (such as from a Federal work-study program),
combat pay, cooperative education program earnings, and
income from any source which is not taxable for the
taxable year, including income attributable to a
pension or retirement plan, interest on tax-exempt
bonds, military or clergy living allowance, and
veterans benefits (other than education benefits); and
``(B) with respect to the applicant's parent,
taxable earnings from need-based employment (such as
from a Federal work-study program), college grant or
scholarship aid reported to the Internal Revenue
Service, combat pay, cooperative education program
earnings, and income from any source which is not
taxable for the taxable year, including income
attributable to a pension or retirement plan, interest
on tax-exempt bonds, military or clergy living
allowance, and veterans benefits (other than education
benefits).''.
(b) Removing Burdensome Requirements.--
(1) In general.--Part G of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1088 et seq.) is amended--
(A) in section 484 (20 U.S.C. 1091)--
(i) by striking subsections (n) and (r);
and
(ii) by redesignating subsections (o), (p),
(q), (s), and (t) as subsections (n), (o), (p),
(q), and (r), respectively; and
(B) in section 485 (20 U.S.C. 1092)--
(i) by striking subsection (k); and
(ii) by redesignating subsections (l) and
(m) as subsections (k) and (l), respectively.
(2) Conforming amendments.--Title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended--
(A) in each of subparagraphs (C) and (D) of section
428(b)(3) (20 U.S.C. 1078(b)(3)), by striking
``485(l)'' and inserting ``485(k)'';
(B) in section 428B(f)(2) (20 U.S.C. 1078-2(f)(2)),
by striking ``484(p)'' and inserting ``484(o)'';
(C) in each of subparagraphs (E) and (F) of section
435(d)(5) (20 U.S.C. 1085(d)(5)), by striking
``485(l)'' and inserting ``485(k)''; and
(D) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C.
1094(e)(2)(B)(ii)(IV)), by striking ``(l) of section
485'' and inserting ``(k) of section 485''.
SEC. 7. DEFINITIONS FOR HOMELESS AND FOSTER YOUTH.
(a) Independent Student.--Section 480(d)(1)(H) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``during the school year in which
the application is submitted'';
(B) by inserting ``age 23 or younger'' after
``unaccompanied youth''; and
(C) by striking ``terms are'' and inserting ``term
is'';
(2) in clause (i), by inserting ``, or a designee of the
liaison'' after ``Act'';
(3) in clause (ii), by striking ``a program funded under
the Runaway and Homeless Youth Act'' and inserting ``an
emergency or transitional shelter, street outreach program,
homeless youth drop-in center, or other program serving
homeless youth,''; and
(4) in clause (iii), by striking ``program funded under
subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (relating to emergency shelter grants)'' and
inserting ``Federal TRIO program or a Gaining Early Awareness
and Readiness for Undergraduate program under chapter 1 or 2 of
subpart 2 of part A,''.
(b) Foster Care Children and Youth.--Section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003) is amended by adding at the end
the following:
``(25) Foster care children and youth.--The term `foster
care children and youth'--
``(A) means children and youth whose care and
placement are the responsibility of the State or Tribal
agency that administers a State or Tribal plan under
part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.), without regard to
whether foster care maintenance payments are made under
section 472 of such Act (42 U.S.C. 672) on behalf of
such children and youth; and
``(B) includes individuals who were age 13 or older
when their care and placement were the responsibility
of a State or Tribal agency that administered a State
or Tribal plan under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq. and 670 et
seq.) and who are no longer under the care and
responsibility of such a State or tribal agency,
without regard to any such individual's subsequent
adoption, guardianship arrangement, or other form of
permanency outcome.''.
SEC. 8. STREAMLINING DETERMINATIONS AND VERIFICATION FOR HOMELESS AND
FOSTER YOUTH.
Section 480(d) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(d)) is amended by adding at the end the following:
``(3) Simplifying the determination process for
unaccompanied youth.--
``(A) Verification.--A financial aid administrator
shall accept a homelessness determination made by any
individual authorized to make such determinations under
clause (i), (ii), or (iii) of paragraph (1)(H) in the
absence of conflicting information. A documented phone
call with, or a written statement from, one of the
authorized individuals is sufficient verification when
needed. For purposes of this paragraph, a financial aid
administrator's disagreement with the determination
made by an authorized individual shall not be
considered conflicting information.
``(B) Determination of independence.--A financial
aid administrator shall make a determination of
independence under paragraph (1)(H) if a student does
not have, and cannot get, documentation from any of the
other designated authorities described in such
paragraph. Such a determination shall be--
``(i) based on the definitions outlined in
paragraph (1)(H);
``(ii) distinct from a determination of
independence under paragraph (1)(I);
``(iii) based on a documented interview
with the student; and
``(iv) limited to whether the student meets
the definitions in paragraph (1)(H) and not
about the reasons for the student's
homelessness.
``(4) Simplifying the verification process for foster
children and youth.--
``(A) Verification of independence.--If an
institution requires documentation to verify that a
student is independent based on a status described in
paragraph (1)(B), a financial aid administrator shall
consider any of the following as adequate verification:
``(i) Submission of a court order or
official State documentation that the student
received Federal or State support in foster
care.
``(ii) A documented phone call with, or a
written statement from--
``(I) a child welfare agency
authorized by a State or county;
``(II) a Tribal child welfare
authority;
``(III) an Independent Living case
worker;
``(IV) a public or private foster
care placing agency or foster care
facility or placement;
``(V) another program serving
orphans, foster children and youth, or
wards of the court; or
``(VI) a probation officer.
``(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 person's
relationship to the student.
``(iv) A documented phone call with, or a
written statement from, a representative of a
Federal TRIO program or a Gaining Early
Awareness and Readiness for Undergraduate
program under chapter 1 or 2 of subpart 2 of
part A.
``(v) Verification of the student's
eligibility for an education and training
voucher under the John H. Chafee Foster Care
Independence Program under section 477 of the
Social Security Act (42 U.S.C. 677).
``(vi) Submission of a copy of the
student's biological or adoptive parents'--
``(I) Certificates of Death; or
``(II) newspaper obituaries.
``(vii) An attestation from the student,
which includes a description of why the student
may qualify for a status described in paragraph
(1)(B), including the approximate dates that
the student was in foster care, dependent, or a
ward of the court, to the best of the student's
knowledge after making reasonable efforts to
provide any requested documentation.
``(B) Additional streamlining permitted.--Nothing
in this paragraph prohibits an institution from
implementing polices that streamline the determination
of independent status and improve a student's access to
financial aid because that student is an orphan, in
foster care, or a ward of the court, or was an orphan,
in foster care, or a ward of the court at any time when
the student was 13 years of age or older.
``(5) Timing; use of earlier determination.--
``(A) Timing.--A determination under subparagraph
(B) or (H) of paragraph (1) for a student--
``(i) shall be made as quickly as
practicable;
``(ii) may be made as early as the year
before the award year for which the student
initially submits an application; and
``(iii) shall be made no later than during
the award year for which the student initially
submits an application.
``(B) Use of earlier determination.--Any student
who is determined to be independent under subparagraph
(B) or (H) of paragraph (1) for a preceding award year
at an institution shall be presumed to be independent
for a 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, and has informed the student of
this information and the opportunity to
challenge such information through a documented
interview or an impartial review by the Student
Loan Ombudsman pursuant to section 141(f)(3).
``(6) Retention of documents.--A financial aid
administrator shall retain all documents related to the
determination of independence under subparagraph (B) or (H) of
paragraph (1), 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 institution.''.
SEC. 9. CONSOLIDATING QUESTIONS REGARDING HOMELESS STATUS ON THE FAFSA.
Section 483(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1090(a)(4)) is amended by adding at the end the following:
``(C) Single question regarding homeless status.--
The Secretary shall ensure that, on each form developed
under this section for which the information is
applicable, there is a single, easily understood
screening question to identify an applicant for aid who
is--
``(i) an unaccompanied homeless child or
youth (as such term is defined in section 725
of the McKinney-Vento Homeless Assistance Act);
or
``(ii) an unaccompanied youth who is self-
supporting and at risk of homelessness.''.
SEC. 10. ELIGIBILITY FOR DREAMERS.
Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091),
as amended by section 6(b), is further amended--
(1) in subsection (a)(5), by inserting ``or be a Dreamer
student'' after ``becoming a citizen or permanent resident'';
and
(2) by adding at the end the following:
``(s) Dreamer Student.--
``(1) In general.--In this section, the term `Dreamer
student' means an alien (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))) who--
``(A) has been continuously physically present in
the United States for not less than the 4-year period
preceding the date of enactment of the Simplifying
Financial Aid for Students Act of 2018;
``(B) was younger than 18 years of age on the date
on which the alien initially entered the United States;
and
``(C)(i) has been admitted to an institution of
higher education;
``(ii) has earned a high school diploma or a
commensurate alternative award from a public or private
high school, or has obtained a general education
development certificate recognized under State law or a
high school equivalency diploma in the United States;
``(iii) is enrolled in secondary school or in an
education program assisting students in obtaining a
regular high school diploma or its recognized
equivalent under State law, or in passing a general
educational development exam, a high school equivalence
diploma examination, or other similar State-authorized
exam, and has made satisfactory progress in obtaining
such diploma or passing such exam; or
``(iv)(I) has served for not less than 4 years in
the uniformed services (as defined in section 101(a) of
title 10, United States Code); and
``(II) in the case of an alien who has been
discharged from the uniformed services, has received an
honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when the Department shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) for an individual to qualify as a Dreamer student under
such paragraph, if the individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement of paragraph
(1)(C).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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