,i #aafth ,,congress #ast ,session ,h4 ,r4 #ajge ,,in ,,the ,,house ,,of ,,representatives ,february #g1 #bjai,mr4 ,cummings 7for himself1 ,mr4 ,ruppersberger1 and ,mr4 ,sarbanes7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,higher ,education ,act of #aife to amend the process by which students with certain special circumstances apply for ,federal financial aid4 #a4 ,short title ,this ,act may be cited as the ,,fafsa ,fairness ,act of #bjai4 #b4 ,provisional independence for certain students ,section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 is amended-- 7#a7 in subsection 7h77#a71 by inserting the following before the semicolon3 1 including the special circumstances under which a student may qualify for a determination of independence2 and 7#b7 by adding at the end the following3 7i7 ,provisional ,independent ,students 7#a7 ,requirements for the ,secretary ,the ,secretary shall-- 7,a7 enable each student who1 based on the special circumstance specified in subsection 7h77#a71 may qualify for an adjustment under section #dgi;,a that will result in a determination of independence under such section and section #dhj7;d77#a77;,i71 to complete the forms developed by the ,secretary under subsection 7a7 as an independent student for the purpose of a provisional determination of the student's ,federal financial aid award1 but subject to verification under paragraph 7#b77;,e7 for the purpose of the final determination of the award2 7,b7 upon completion of the forms developed by the ,secretary under subsection 7a71 provide an estimate of the student's ,federal ,pell ,grant award1 based on the assumption the student is determined to be an independent student2 7,c7 ensure that1 on each form developed under this section1 there is a single and easily understood screening question to identify an applicant for aid who wishes to provisionally apply for independent status under sections #dgi;,a and #dhj7;d77#a77;,i72 and 7,d7 specify1 on the forms1 the consequences under section #dij7;a7 of knowingly and willfully completing the forms as an independent student under subparagraph 7,a7 without meeting the special circumstances to qualify for such a determination4 7#b7 ,requirements for financial aid administrators ,with respect to a student accepted for admission who completes the forms as an independent student under paragraph 7#a77;,a71 a financial aid administrator-- 7,a7 shall notify the student of the institutional process and requirements for an adjustment under sections #dgi;,a and #dhj7;d77#a77;,i7 that will result in a determination of independence under such sections within a reasonable time after the student completes the forms developed by the ,secretary under subsection 7a7 as an independent student for the purpose of a provisional determination of the student's ,federal financial aid award2 7,b7 may make an adjustment under sections #dgi;,a and #dhj7;d77#a77;,i7 for a determination of independence in the absence of conflicting information2 7,c7 shall provide a final determination of the student's ,federal financial aid award to the student in the same manner as1 and by not later than the date that1 the administrator provides most other provisionally independent students their final determinations of ,federal financial aid awards1 or during the award year in which the student initially submits an application1 whichever comes sooner2 7,d7 shall1 in making a final determination of the student's ,federal financial aid award1 use the discretion provided under sections #dgi;,a and #dhj7;d77#a77;,i7 to verify whether the student meets the special circumstances to qualify as an independent student2 7,e7 in accordance with paragraph 7,b71 may consider as adequate verification that a student qualifies for an adjustment under sections #dgi;,a and #dhj7;d77#a77;,i7-- 7i7 submission of a court order or official ,federal or ,state documentation that the student's parent or legal guardian is incarcerated in any ,federal or ,state penal institution2 7ii7 a documented phone call with1 or a written statement from-- 7,i7 a child welfare agency authorized by a ,state or county2 7,,ii7 a ,tribal child welfare authority2 7,,iii7 an independent living case worker2 or 7,,iv7 a public or private agency1 facility1 or program serving the victims of abuse1 neglect1 assault1 or violence2 7iii7 a documented phone call with1 or a written statement from1 an attorney1 a guardian ad litem1 or a court appointed special advocate1 documenting that person's relationship to the student2 7iv7 a documented phone call with1 or a written statement from1 a representative of a program under chapter #a or #b of subpart #b of part ,a2 or 7v7 submission of a copy of the student's biological or adoptive parents' or legal guardians'-- 7,i7 certificates of death2 or 7,,ii7 verified obituaries2 7,f7 if a student does not have1 and cannot get1 documentation from any of the designated authorities described in subparagraph 7,e7 of whether a student may qualify for an adjustment under sections #dgi;,a and #dhj7;d77#a77;,i7 that will result in a determination of independence1 may base the verification and final determination on-- 7i7 a documented interview with the student that is limited to whether the student meets the requirements1 and not about the reasons for the student's situations2 and 7ii7 an attestation from the student that they meet the requirements1 which includes a description of the approximate dates that the student ended the financial or caregiving relationship with their parent or legal guardian1 to the best of the student's knowledge2 7,g7 retain all documents related to the adjustment under sections #dgi;,a and #dhj7;d77#a77;,i71 including documented interviews1 for the duration of the student's enrollment at the institution and for a minimum of #a year after the student is no longer enrolled at the institution2 and 7,h7 shall presume that any student who has obtained an adjustment under sections #dgi;,a and #dhj7;d77#a77;,i7 and a final determination of independence for a preceding award year at an institution to be independent for a subsequent award year at the same institution unless-- 7i7 the student informs the institution that circumstances have changed2 or 7ii7 the institution has specific conflicting information about the student's independence4 4