FAFSA Simplification Technical Corrections Act

II 117TH CONGRESS 1ST SESSION S. 1440 To make technical corrections to the FAFSA Simplification Act. IN THE SENATE OF THE UNITED STATES APRIL 28, 2021 Ms. HASSAN (for herself and Mr. SCOTT of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To make technical corrections to the FAFSA Simplification Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘FAFSA Simplification 4 Technical Corrections Act’’. 5 SEC. 2. EARLY IMPLEMENTATION OF FAFSA SIMPLIFICA- 6 TION. 7 (a) FAFSA SIMPLIFICATION ACT.—The FAFSA 8 Simplification Act (title VII of division FF of Public Law 9 116–260) is amended— 10 VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1440 IS (1) in section 702— 1 (A) in subsection (n), by adding at the end 2 the following: 3 ‘‘(3) IMPLEMENTATION.—In carrying out the 4 amendments made by paragraph (1)(A)(i), and 5 paragraph (1)(A)(iv) to add subsection (s) to section 6 484 of the Higher Education Act of 1965, or any 7 regulations promulgated under such amendments, 8 the Secretary of Education may waive the applica- 9 tion of— 10 ‘‘(A) subchapter I of chapter 35 of title 44, 11 United States Code (commonly known as the 12 ‘Paperwork Reduction Act’); 13 ‘‘(B) the master calendar requirements 14 under section 482 of the Higher Education Act 15 of 1965 (20 U.S.C. 1089); 16 ‘‘(C) negotiated rulemaking under section 17 492 of the Higher Education Act of 1965 (20 18 U.S.C. 1098a); and 19 ‘‘(D) the requirement to publish the no- 20 tices related to the system of records of the 21 agency before implementation required under 22 paragraphs (4) and (11) of section 552a(e) of 23 title 5, United States Code (commonly known 24 as the ‘Privacy Act of 1974’), except that the 25 VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1440 IS notices shall be published not later than 180 1 days after the date of implementation of the 2 amendments, as determined in accordance with 3 paragraph (2).’’; and 4 (B) by adding at the end the following: 5 ‘‘(q) EARLY EFFECTIVE DATE; IMPLEMENTATION.— 6 ‘‘(1) EFFECTIVE DATE.—Notwithstanding sec- 7 tion 701(b) of this title, the Secretary of Education 8 may implement the amendment made by subsection 9 (l)(1) of this section, which pertains only to foster 10 youth and unaccompanied homeless youth, before 11 (but not later than) July 1, 2023. The Secretary 12 shall specify in a designation on what date, under 13 what conditions, and for which award years the Sec- 14 retary will implement such amendment prior to July 15 1, 2023. The Secretary shall publish any designation 16 under this paragraph in the Federal Register at 17 least 60 days before implementation. 18 ‘‘(2) IMPLEMENTATION.—In carrying out the 19 amendment made by made by subsection (l)(1) of 20 this section, which pertains only to foster youth and 21 unaccompanied homeless youth, or any regulations 22 promulgated under such amendment, which pertains 23 only to foster youth and unaccompanied homeless 24 VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1440 IS youth, the Secretary of Education may waive the ap- 1 plication of— 2 ‘‘(A) subchapter I of chapter 35 of title 44, 3 United States Code (commonly known as the 4 ‘Paperwork Reduction Act’); 5 ‘‘(B) the master calendar requirements 6 under section 482 of the Higher Education Act 7 of 1965 (20 U.S.C. 1089); 8 ‘‘(C) negotiated rulemaking under section 9 492 of the Higher Education Act of 1965 (20 10 U.S.C. 1098a); and 11 ‘‘(D) the requirement to publish the no- 12 tices related to the system of records of the 13 agency before implementation required under 14 paragraphs (4) and (11) of section 552a(e) of 15 title 5, United States Code (commonly known 16 as the ‘Privacy Act of 1974’), except that the 17 notices shall be published not later than 180 18 days after the date of implementation of the 19 amendment, as determined in accordance with 20 paragraph (1).’’; and 21 (2) in section 705, by adding at the end the fol- 22 lowing: 23 ‘‘(c) IMPLEMENTATION.—In carrying out the repeal 24 made by subsection (a), or any regulations promulgated 25 VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1440 IS under such repeal, the Secretary of Education may waive 1 the application of— 2 ‘‘(1) subchapter I of chapter 35 of title 44, 3 United States Code (commonly known as the ‘Paper- 4 work Reduction Act’); 5 ‘‘(2) the master calendar requirements under 6 section 482 of the Higher Education Act of 1965 7 (20 U.S.C. 1089); 8 ‘‘(3) negotiated rulemaking under section 492 9 of the Higher Education Act of 1965 (20 U.S.C. 10 1098a); and 11 ‘‘(4) the requirement to publish the notices re- 12 lated to the system of records of the agency before 13 implementation required under paragraphs (4) and 14 (11) of section 552a(e) of title 5, United States 15 Code (commonly known as the ‘Privacy Act of 16 1974’), except that the notices shall be published not 17 later than 180 days after the date of implementation 18 of the repeal, as determined in accordance with sub- 19 section (b).’’. 20 (b) TECHNICAL AMENDMENT TO COST OF ATTEND- 21 ANCE.— 22 (1) IN GENERAL.—Section 472(a)(13) of the 23 Higher Education Act of 1965, as amended by sec- 24 tion 702(b) of the FAFSA Simplification Act (title 25 VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1440 IS VII of division FF of Public Law 116–260), is 1 amended by inserting ‘‘, or the average cost of any 2 such fee or premium, as applicable’’ after ‘‘on such 3 loan’’. 4 (2) EFFECTIVE DATE.—The amendment made 5 by paragraph (1) shall take effect as if included in 6 section 702 of the FAFSA Simplification Act (title 7 VII of division FF of Public Law 116–260) and sub- 8 ject to the effective date of section 701(b) of such 9 Act. 10 Æ VerDate Sep 11 2014 03:46 May 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1440.IS S1440 kjohnson on DSK79L0C42PROD with BILLS