Sec. 4509. Amendments to definitions in need analysis
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/bill/116/hr/4674/ih/section-4509A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 480(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(a)(1)(B) ) is amended by striking may in both places it appears and inserting shall . Section 480(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(b) ) is amended— in paragraph (1), to read as follows: The term untaxed income and benefits means— child support received; untaxed portion of pensions; payments to individual retirement accounts and Keogh accounts excluded from income for Federal income tax purposes; and cash support or any money paid on the student’s behalf, except, for dependent students, funds provided by the student’s parents. ; and in paragraph (2)— by striking or at the end of subparagraph (E); by striking the period at the end of subparagraph
(F)and inserting a semicolon; and by adding at the end the following: worker’s compensation; veteran’s benefits such as death pension, dependency, or indemnity compensation, or veterans’ education benefits as defined in subsection (c); interest on tax-free bonds; housing, food, or other allowances (including rent subsidies for low-income housing) for military, clergy, and others (including cash payments and cash value of benefits), or the value of on-base military housing or the value of basic allowance for housing determined under section 403(b) of title 37, United States Code, received by the parents, in the case of a dependent student, or the student or student’s spouse, in the case of an independent student; or any other untaxed income and benefits, such as Black Lung Benefits, Refugee Assistance, or railroad retirement benefits, or benefits received through participation in employment and training activities under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.). . Section 480(d)(1)(H) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d)(1)(H) ) is amended— in the matter preceding clause (i)— by striking during the school year in which the application is submitted ; by inserting age 23 or younger after unaccompanied youth ; and by striking terms are and inserting term is ; in clause (i), by inserting , or a designee of the liaison after Act ; 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 youths drop-in center, or other program serving homeless youths, ; and 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, . Section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) ) is further amended by adding at the end the following: A financial aid administrator shall accept a determination of independence 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. A financial aid administrator shall make a determination of independence under paragraph (1)(H) if a student does not have, and cannot obtain, documentation from any of the other designated authorities described in such paragraph. Such a determination shall be— based on the definitions outlined in paragraph (1)(H); distinct from a determination of independence under paragraph (1)(I); based on a documented interview with the student; and limited to whether the student meets the definitions in paragraph (1)(H) and not about the reasons for the student’s homelessness. Nothing in this paragraph prohibits an institution from implementing polices that— streamline the determination of independence under paragraph (1)(H); and improve a student’s access to financial aid because that student is an unaccompanied youth. 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: Submission of a court order or official State documentation that the student received Federal or State support in foster care. A documented phone call with, a written statement from, or verifiable data match with— a child welfare agency authorized by a State or county; a Tribal child welfare authority; an Independent Living case worker; a public or private foster care placing agency or foster care facility or placement; another program serving orphans, foster care youth, or wards of the court; or a probation officer. 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. 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. Verification of the student’s eligibility for an education and training voucher under the John H. Chafee Foster Care Independence Program ( 42 U.S.C. 677 ). Documentation of foster care provided pursuant to section 475(5)(I) of the Social Security Act ( 45 U.S.C. 675(5)(I) ). Submission of a copy of the student’s biological or adoptive parents’ or legal guardians’— Certificates of Death; or verifiable obituaries. 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. 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 since such student was 13 years of age or older. A determination under subparagraph
(B)or
(H)of paragraph
(1)for a student— shall be made as quickly as practicable; may be made as early as the year before the award year for which the student initially submits an application; and shall be made no later than during the award year for which the student initially submits an application. 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 each subsequent award year at the same institution unless— the student informs the institution that circumstances have changed; or 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 Borrower Advocate pursuant to section 141(f)(6)(C). 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. . Section 480(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(e) ) is amended by striking paragraph
(5)and inserting the following: payments made and services provided under part E of title IV of the Social Security Act 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; and .
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- 45 USC 675(5)(I)
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Sec. 4509
Amendments to definitions in need analysis
Cite45 USC 675(5)(I)
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