Introduction

Title IV of the Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes the primary sources of federal aid to support postsecondary education students. Title IV programs made over $112 billion in aid available to postsecondary students in FY2021 through Direct Loans and other forms of aid, including $26 billion in Pell Grants.¹ The FAFSA Simplification Act (FSA; Title VII, Division FF of P.L. 116-260, Consolidated Appropriations Act, 2021), as amended, makes significant changes to the underlying processes and methodologies for determining student eligibility for federal student aid authorized by Title IV.²

The FSA is intended principally to address several long-standing concerns with the HEA Title IV federal student aid application process. Specifically, the current process has been criticized for being too complicated to navigate, with the length and complexity of the Free Application for Federal Student Aid (FAFSA)—the instrument students use to apply for federal student aid—being consistent targets of the criticism. The student aid application and award process has also been criticized for lacking transparency and predictability for students and their families. This is because the methodology for calculating award amounts is opaque. In addition, students are not aware of how much federal aid they may be eligible for until an institution of higher education (IHE) to which they have been admitted provides an award letter. As a result, critics of the current system argue that students and their families may be discouraged from applying for aid and consequently may be discouraged from pursuing postsecondary education.³

To address these issues, the FSA aims to streamline the application and need assessment procedures for federal student aid. Eligible low-income students will be able to qualify for a maximum Pell Grant and other forms of need-based aid based on a single financial indicator (adjusted gross income [AGI]) and procedures are streamlined for other students. The FSA amendments expand eligibility for Pell Grants and other forms of student aid and establish a number of procedural changes, many of which are directed at easing access to aid for specific student populations.

This report begins with brief background on the HEA and administration of the FSA. It then focuses on the FSA's changes to the student aid application process, associated formulas for calculating student need, and the Pell Grant program. The final sections include descriptions of FSA provisions affecting Direct Subsidized Loans for students and the Historically Black Colleges and Universities Capital Financing program for eligible institutions.

Background and Framework for the HEA Prior to the FSA Amendments Going into Effect

To be eligible for any HEA Title IV federal student aid, a student or prospective student must complete the FAFSA. In addition to specified financial information, the FAFSA collects information regarding the student's citizenship, the student's prior educational achievement, and a range of personal and family characteristics. Information on income, assets, and other characteristics provided on the FAFSA is used to calculate the student's expected family contribution (EFC) toward postsecondary education based on multipart statutory formulas. The HEA establishes three EFC formulas: one each for (1) dependent students, (2) independent students without dependents, and (3) independent students with dependents.⁴ The formula for dependent students considers the financial resources of the student's parents while the formulas for independent students do not.

Under the HEA, a student is determined to be independent if the student meets any of a list of criteria, including (but not limited to) being 24 years of age on January 1 of the award year, being married, having dependents, or being a veteran of the Armed Forces.⁵ Students who do not meet any of the independent student criteria are determined to be dependent and must report parental information.⁶

Eligibility for many federal student aid programs is contingent on student financial need. Under current law, student need is defined as the difference between the student's cost of attendance (COA) as determined by the school and the sum of the student's EFC and estimated financial assistance (EFA).⁷ COA is an estimate of a student's educational expenses for the period of enrollment. Generally, EFA includes most scholarships, grants, loans, or other assistance known to the school at the time the determination of the student's need is made. Students with a zero EFC may qualify for the maximum amount of need-based federal student aid, including a maximum Pell Grant.⁸

Effective Date and Extension

As originally enacted in December 2021, the FSA had a general effective date of July 1, 2023, coinciding with the beginning of the 2023-2024 award year, and remaining in effect for each subsequent award year. In limited instances, the July 1, 2023, date served as a deadline for the implementation of certain provisions, and the FSA granted ED the authority to implement specified provisions earlier. For an earlier implementation, ED was required to publish notification of such implementation in the Federal Register not less than 60 days before implementation.

In March 2022, the FAFSA Simplification Act Technical Corrections Act (FSATCA) was enacted as Division R of the Consolidated Appropriations Act, 2022 (P.L. 117-103). The law pushed the general effective date for the FSA back one year, to July 1, 2024, coinciding with the beginning of the 2024-2025 award year.

The FSATCA granted ED the authority to implement certain provisions of the FSA "on or after July 1, 2023, but not later than July 1, 2024." The FSATCA further specifies that if ED does implement any of these provisions prior to July 1, 2024, ED shall publish notification of such implementation in the Federal Register not less than 60 days before implementation. The provisions of the FSA that the FSATCA authorized ED to implement prior to the new effective date are different from the provisions that the original FSA authorized ED to implement prior to July 1, 2023.

EFC Renamed as Student Aid Index

The FSA amendments replace the EFC with a new indicator: student aid index (SAI). The SAI is similar to the EFC: both metrics are a dollar amount that synthesizes personal and financial characteristics to estimate the ability of an applicant to pay for postsecondary education.⁹ While there are a number of differences in the details, the general procedures in calculating the EFC and SAI are similar.¹⁰ The remainder of this report will use EFC when referring to provisions in effect prior to the effective date of the FSA as amended by FSATCA amendments and SAI when referring to provisions under the FSA as amended by FSATCA amendments.

Needs Analysis: Changes to the FAFSA Process and Aid Eligibility Calculations

The FSA amendments retain the existing system of using information supplied on the FAFSA to establish an indicator of the capacity of a student's family to pay for postsecondary education that informs subsequent aid eligibility. The new SAI formulas maintain most of the major components of the three existing EFC formulas, though the FSA amendments make a number of changes to specific factors and procedures, usually with an objective of simplifying calculations or expanding aid for lower-income students.

Zero and Negative SAI

Under current law, a student's EFC cannot be less than zero dollars.¹¹ Under the FSA amendments, the SAI can be as low as -$1,500.

A negative SAI can provide differentiation among the share of the students who, under current law, may all have an EFC of zero. This differentiation among low-income students can help schools more precisely target federal campus-based aid as well as institutional aid.

A negative SAI will not entitle a student to a larger Pell Grant compared to a student with a zero SAI. Both students will qualify for a maximum Pell Grant. Because a negative SAI establishes student need greater than COA, the FSA amendments create a framework in which it may be possible for some students to receive aid in excess of COA.¹²

Automatic SAI Determinations

The HEA currently establishes an "automatic zero" EFC provision for applicants who report an AGI below a specified level ($27,000 in the 2021-2022 award year) and meet other criteria.¹³ Such applicants are not required to answer additional income or asset questions on their FAFSA.

The FSA amendments eliminate the automatic zero EFC provisions and replace them with special rules that establish a zero or negative SAI for some students:¹⁴

• Independent students who are not required to file a tax return, or dependent students whose parents are not required to do so, automatically qualify for an SAI of -$1,500.
• Students who qualify for a maximum Pell Grant based on a qualifying AGI qualify for a zero SAI (see the "Scheduled Award Under the FSA Amendments"). If the student's calculated SAI is less than zero, the negative SAI applies.¹⁵

Students whose SAI is not determined under either of these special rules will have their SAI calculated based on the formulas in the statute.

Students Exempt from Reporting Assets

Until the FSA amendments take effect, the HEA establishes a simplified needs test (SNT) for applicants with an adjusted gross income below $50,000 and who meet other criteria that relate to filing tax forms that are typically associated with a simple return or being in receipt of specified federal means-tested benefits.¹⁶ Students who qualify for the SNT are not required to report asset information on the FAFSA for the purposes of determining federal student aid eligibility.

The FSA amendments eliminate the SNT terminology and modify the criteria to exempt certain applicants from asset reporting. Under the FSA amendments, the AGI threshold increases to $60,000. The FSA amendments establish that eligible tax returns are those in which an applicant does not file specified tax schedules or files schedules within certain parameters. Applicants can continue to be exempt from reporting assets based on receiving a federal means-tested benefit.¹⁷

Changes to Financial Factors and the Calculation Process

The FSA amendments reduce the number of factors to be considered when determining the ability of a student's family to contribute to higher education costs. The FSA amendments also make a number of adjustments to the calculation process.

Changes to Financial Factors: Reduction of Factors

The EFC formulas consider AGI as well as specified forms of untaxed income and excludable income. Untaxed income increases the applicant's total income and can correspondingly increase the EFC. Conversely, excludable income reduces available income and can reduce the EFC.

The FSA amendments reduce the forms of untaxed income and excludable income that are considered in calculating the SAI.¹⁸ This has the effect of reducing the amount of financial information that a student must provide when completing the FAFSA and reducing the number of factors in the underlying formula. Due to the multifaceted nature of many of the factors and the incremental nature of some of the changes, it is difficult to discern exactly how many factors were eliminated.¹⁹

Among the forms of untaxed income that will no longer be considered are "cash support or any money paid on the student's behalf." Prior to the FSA taking effect, the classification of this type of support as a form of untaxed income (which excludes support from dependent students' parents) meant that the EFC considered support from individuals who are not required to report information on the FAFSA, such as contributions from grandparents. This type of support will no longer be considered in the SAI formula after the FSA takes effect.

The FSA amendments eliminate "child support received" as a form of untaxed income but adds it as an asset.²⁰ This means that only applicants who are not exempt from reporting assets will need to report child support received.

The FSA amendments reduce the forms of excludable income that are considered in the calculation of the SAI. Under the FSA amendments, the only forms of excludable income that are required to be reported in the formula are specified federal education tax credits.²¹ The FSA amendments also allow (but do not require) certain forms of education-related income to be reported as excludable income at the option of the applicant.²²

Changes to the Calculation Process

Income Protection Allowance

The EFC formulas establish an income protection allowance (IPA) that serves as one of several allowances that reduce the amount of income that is subsequently considered in the EFC calculation. The IPA can vary by dependency status, family size, and the number of family members in college. IPA levels are adjusted each year based on inflation. Because the formula for dependent students calculates separate contributions for the student and the student's parents and then combines them, there are separate IPAs for dependent students and parents of dependent students.

The FSA amendments increase IPA levels. These increases effectively protect a larger amount of income, reducing the amount of income that is considered in calculating the SAI. The FSA amendments also streamline IPAs across dependency statuses so they will no longer vary by the number of family members in college.

For dependent students, the FSA amendments increase the IPA levels for the parents of dependent students approximately 20% above their current levels for families with one student in college.²³ For dependent students themselves, the FSA amendments increase the IPA levels about 35% above their current levels. For independent students without dependents, the FSA increases the IPA levels about 35% above their current levels.

For independent students with dependents, the FSA amendments establish separate IPA levels for married and single students. For married independent students with dependents, the FSA amendments establish the IPA levels at about 35% above their current levels for families with one member in college. For single independent students with dependents, the FSA amendments establish the IPA levels at about 60% above their current levels for families with one member in college.²⁴

The FSA specifies that the codified IPA levels will be further adjusted for inflation between April 2020 and the April in the year prior to the award year.²⁵

Allowance for State and Other Taxes

The EFC formulas establish an allowance for state and other taxes. Like other allowances against income, this one reduces the amount of income that is considered in the calculation of the EFC. The allowance is calculated as a percentage of total income. The percentage varies by state, ranging from 1% to 9% in the 2022-2023 award year.²⁶

The FSA amendments eliminate the allowance for state and other taxes.

Employment Expense Allowance

The EFC formulas establish an employment expense allowance for some applicants. The allowance reduces income considered in the EFC calculation by the amount of the allowance. The allowance is calculated through a formula and the maximum employment expense allowance is $4,000.

The allowance may be applied to the income of parents of dependent students and to independent students with dependents and married independent students without dependents. Single independent students without dependents are ineligible for this allowance.

With regard to married parents of dependent students and married independent students, the allowance is only available where both spouses have earnings. Married couples of any dependency status in which one spouse has no earnings do not qualify for this allowance.

The FSA amendments modify the allowance so that it is calculated based on total earnings reported on a tax return. This construction allows married couples in which one spouse does not have earnings to qualify for this allowance. The FSA amendments do not modify the maximum allowance amount or its exclusion of single independent students without dependents.

Families with More Than One Member in College

The HEA establishes that one of the final steps of the EFC formulas is to divide the EFC by the number of family members "who are enrolled or accepted for enrollment" in an eligible postsecondary program.²⁷ This policy has the effect of significantly reducing the EFC of families in years where multiple members are simultaneously enrolled in higher education.²⁸

The FSA amendments eliminate the provisions that divide the expected contribution by the number of family members enrolled. Under this change, each student from a family with multiple applicable members enrolled will have the same parental contribution as a student from an otherwise identical family with only one member enrolled.

Codification of Income Data from the Second Preceding Year

The EFC formulas specify that the EFC calculations will consider tax information and other income information from "the preceding tax year." The HEA, however, further allows that "the Secretary may 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."²⁹ ED has exercised this authority since the 2017-2018 award year.³⁰ For example, the FAFSA for the current 2022-2023 award year was based on information from tax year 2020.

The FSA amends the statute to specify that the relevant AGI is "adjusted gross income for the second preceding tax year."³¹ This permanently codifies current practice.

Modifications to Family Definitions in FAFSA Formulas

The details of a student's family situation can impact a student's aid calculation. The FSA amendments change how parental information is determined for students with divorced or separated parents and modifies how a student's family size is determined.

Dependent Students with Divorced or Separated Parents³²

Until the FSA amendments takes effect, dependent students with divorced or separated parents typically report only the financial information of the parent the student lived with more frequently during the prior year. In cases in which the parent for whom the student reports information has remarried, the information of the stepparent is included on the FAFSA.³³

Under the FSA amendments, a student with divorced or separated parents will report information on "the parent who provides the greater portion of the student's financial support."³⁴ In cases where the relevant parent is remarried, information on the stepparent will continue to be collected on the FAFSA. (For discussion on determining whether the relevant parent qualifies as a single parent for Pell Grant purposes, see the "Definition of Single Parent for Pell Grant Purposes" section.)

Determination of Family Size

Until the FSA amendments take effect, family size is determined by an HEA-specific definition.³⁵ In some cases, individuals who would be considered dependents (and therefore included in family size) under the HEA definition may not be considered dependents under the federal tax code.

The FSA amends the HEA so that family size can be determined based on the tax return that informs other components of the FAFSA (i.e., the return from the second preceding tax year). For dependent students, family size is determined to be the parents or parent of the student (and, if applicable, stepparent) who reports information on the FAFSA as well as any dependent of the student's parents for the taxable year used in determining aid eligibility.³⁶ In cases where the dependent student is not included on the applicable parental tax return, the family size includes the dependent student as well as any persons included on the applicable parental tax return. For independent students, family size includes the student and, if applicable, the student's spouse and dependents on the student's tax return for the taxable year used in determining aid eligibility.

The FSA amendments further direct ED to establish procedures for determining family size in cases in which "information for the taxable year used in determining the amount of need of the student for financial assistance under this title has changed or does not accurately reflect the applicant's current household size."³⁷

Student Race and Ethnicity

The FAFSA does not currently collect information on race/ethnicity. As such, administrative data based on the FAFSA cannot be disaggregated by race.

The FSA amendments require ED to collect race/ethnicity data from all FAFSA applicants for such applicants to be eligible for HEA Title IV aid.³⁸

Integration with the FUTURE Act

Enacted in December 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education Act (FUTURE Act, P.L. 116-91) amended the HEA and the Internal Revenue Code (IRC) to specify a process through which tax filers may provide authorization to the IRS to disclose specified information from tax returns for the purposes of completing the FAFSA and other authorized purposes.³⁹ The data disclosure provisions of the FUTURE Act have not yet been implemented.⁴⁰

The FSA amendments update the data-sharing in the FUTURE Act by specifying that the FAFSA will require students (and, if necessary, the parents, stepparents, or spouses of students) to grant authorization to have their tax information disclosed to ED, state higher educational agencies, institutions selected by the students, and designated scholarship organizations.⁴¹

Many of the changes to the financial factors and procedures used to calculate the SAI in the FSA amendments may have been designed to optimize interaction with the FUTURE Act. For example, most of the forms of untaxed income and excludable income that were eliminated were factors that could not be imported from a tax return. Other procedures, such as determining family size and determining if an applicant is exempt from reporting assets based on tax schedules, have been designed so that determinations and calculations can be made largely (or even entirely) on the basis of shared tax information, minimizing the need to request information from applicants.

Professional Judgement for Students with Special or Unusual Circumstances

Until the FSA amendments take effect, financial aid administrators (FAAs) are authorized to "make adjustments on a case-by-case basis" to COA and values of data items used to calculate the EFC. This process is known as professional judgment (PJ). The statute includes a noncomprehensive list of examples of special circumstances, including "recent unemployment of a family member or an independent student."⁴² FAAs are also authorized to adjust dependency status (i.e., change status from dependent to independent) for students with unusual circumstances who do not meet any of the statutory independent student criteria.⁴³ Current law does not define unusual circumstances. ED provides guidance to FAAs on the use of PJ.⁴⁴

Under current practice, such adjustments are generally provided only to students who proactively appeal to the school's FAA, and schools do not have a defined responsibility to notify students that PJ is available. The FSA amendments require that IHEs publicly disclose that students applying for aid have the opportunity to pursue adjustments based on their family and financial circumstances.⁴⁵

The professional judgement provisions as established by the FSA are among the provisions that ED has the authority to implement on or after July 1, 2023, but not later than July 1, 2024, per the FSATCA.⁴⁶ See the section in this report on "Effective Date and Extension" for more information.

Adjustments to Financial Factors

The FSA amendments establish separate lists of sample circumstances related to PJ adjustments that may be made related to (1) Pell Grant eligibility and (2) COA or data used to calculate the SAI. Both the Pell Grant and COA/SAI lists allow for "changes or adjustments in the income, assets, or size of a family, or a student's dependency status" to inform PJ.⁴⁷

The sample circumstances related to adjustments to the COA or SAI factors are somewhat broader than those related to Pell Grant eligibility. For example, the COA/SAI provisions specify medical expenses and additional family members enrolled in higher education as potential special circumstances while the Pell Grant provisions do not include them. Notably, adjustments to COA and SAI may affect Pell Grant eligibility.

Dependency Overrides

The FSA amendments provide detail on how schools will make PJ determinations for students with unusual circumstances that prevent the students from providing parental information on the FAFSA. The FSA amendments define unusual circumstances as those "in which the student is unable to contact a parent or where contact with parents poses a risk to such student," including circumstances of

• human trafficking,
• legally granted refugee or asylum status,
• parental abandonment or estrangement, or
• student or parental incarceration.⁴⁸

Provisional Independent Student

Until the FSA amendments take effect, a student who does not meet any of the independent student criteria but is unable to provide parental information must submit an incomplete FAFSA. The incomplete FAFSA will not be processed, and an EFC will not be calculated. The student must then contact the financial aid office at his or her institution. Depending on the circumstances and documentation, the institution may be able to provide a dependency override and change the student's dependency status to independent.⁴⁹

The FSA amendments allow students who may qualify for an adjustment of dependency status based on unusual circumstances to identify as a provisional independent student when filing the FAFSA. This would allow the student's FAFSA to be fully processed without parental information. An FAA must then notify the student of the institutional process, requirements, and timeline for an adjustment of dependency status. The FAA will then make a determination after all requested documentation has been provided following the PJ process specified in the statute.⁵⁰

Professional Judgement During a Disaster, Emergency, or Economic Downturn

Until the FSA amendments take effect, the HEA statute does not provide different treatment of PJ during periods of disaster, emergency, or economic downturn. In some cases, ED has provided guidance related to PJ during such periods. Such guidance has, for example, established specific treatment for students (or relevant family members) who demonstrated job loss based on receipt of unemployment benefits.⁵¹

Outside of the HEA, some nonregulatory guidance and statutory provisions are intended to support HEA Title IV aid recipients and their families affected by a disaster or national emergency. Guidance encourages FAAs to use PJ to reflect more accurately the financial need of students and families affected by a federally declared disaster area as defined in the Stafford Act.⁵² The Higher Education Relief Opportunities for Students Act (HEROES Act; P.L. 107-122, as amended) provides the Secretary with authority to waive or modify statutory and regulatory requirements that apply to the HEA Title IV student aid programs in an effort to help affected individuals in connection with a war or other military action or a national emergency declared by the President.⁵³ Under the HEROES Act, for example, the Secretary may except FAAs exercising PJ on a case-by-case basis to adjust COA or the values of items used in calculating EFC from the requirement of making such adjustments.

The FSA amends the HEA to establish that, during specified periods, FAAs may make certain adjustments to an applicant's income from work if the applicant provides documentation of unemployment benefits.⁵⁴ The FSA further amends the HEA to specify that ED shall make adjustments to the model used to select institutions for program reviews to account for any increase in the use of PJ during the specified periods.⁵⁵

Pell Grant Provisions

The federal Pell Grant program (HEA Title IV-A-1) is the single largest source of federal grant aid supporting postsecondary education students.⁵⁶ Pell Grants are a type of need-based aid that is awarded on a stair-step scale and intended to be the foundation for all need-based federal student aid awarded to undergraduates. The FSA amendments modify Pell Grant award rules and Pell Grant provisions related to incarcerated students, year-round (summer) Pell Grants, eligibility restoration, and the program's authority.

Modifications to Pell Grant Award Rules

In addition to using an SAI to determine Pell Grant award amounts, the FSA amendments provide an alternative financial indicator for establishing Pell Grant award amounts—AGI. The FSA amendments also modify the award rules for less-than-full-time enrollment and the minimum grant amount.

Scheduled Award Prior to the FSA Amendments Taking Effect

Until the FSA amendments take effect, a student's scheduled Pell Grant award (i.e., the maximum Pell Grant aid a full-time, full-academic year student can receive in an academic year) is the least of

(total maximum Pell Grant - EFC) or (COA - EFC).⁵⁷

The total maximum Pell Grant is the maximum amount of Pell Grant funds that any student may receive during a given academic year. In accordance with the Pell Grant award rules, full-time, full-year students with an EFC of $0 may be eligible for the total maximum Pell Grant ($6,895 in an academic year within award year [AY] 2022-2023).

Scheduled Award Under the FSA Amendments

The FSA amendments base the amount of the scheduled Pell Grant award on either (1) SAI or (2) a new alternative procedure by which students qualify for maximum or minimum Pell Grant awards based on an AGI at or below specified levels.⁵⁸ Regardless of whether the scheduled award is based on SAI or AGI, the amount cannot exceed COA and cannot be lower than the minimum scheduled award (see Figure 1).

Under the FSA amendments, students with an AGI at or below a specified level, the maximum grant AGI threshold, qualify for a scheduled award that is equivalent to the total maximum Pell Grant. The maximum grant AGI thresholds, calculated as a percentage of the poverty guidelines, are specified in the FSA amendments (see Figure 1).⁵⁹ In addition, students whose families are not required to file a tax return qualify for a maximum Pell Grant.⁶⁰ Most individuals (or couples) are not required to file an individual federal income tax return if their gross income is below established levels that depend on filing status and age. For students who qualify for the maximum Pell Grant based on AGI or not needing to file a federal income tax return, the FSA amendments modify their SAI such that they may be eligible for higher amounts of other HEA Title IV aid.

The FSA amendments also establish minimum grant AGI thresholds such that students with an AGI at or below the specified levels qualify for at least the minimum Pell Grant award. Students with an AGI above the maximum grant AGI threshold but below the minimum grant AGI threshold qualify for a scheduled award that is equal to the greater of (1) the minimum Pell Grant or (2) (total maximum Pell Grant - SAI), capped at the total maximum Pell Grant level.⁶¹

Students whose AGI exceeds the minimum grant AGI threshold may still qualify for a grant equal to (total maximum Pell Grant - SAI), capped at the total maximum Pell Grant level, provided that their SAI is equal to or less than 90% of the total maximum Pell Grant.⁶²

This combination of rules means that a student does not qualify for a Pell Grant if the student has both (1) an AGI above the minimum grant threshold and (2) an SAI of more than 90% of the maximum Pell Grant.

The maximum and minimum AGI grant thresholds are specified in the statute and vary by dependency status and single parent status.⁶³ (See Figure 1.) For example, students from families with single parents, including students who are single parents, may qualify for a maximum Pell Grant if their AGI in the reference year is less than or equal to 225% of the federal poverty guidelines ($51,817.50 for a family of three in calendar year 2022).⁶⁴ Students not from single parent families (including independent students without dependents) may qualify for a maximum Pell Grant if their AGI is less than or equal to 175% of the federal poverty guidelines ($40,302.50 for a family of three in 2022).

Figure 1. Pell Grant Thresholds for Award Amounts Under the FAFSA Simplification Act, by Dependency and Marital Status (AGI as a percentage of federal poverty guidelines)

Source: HEA §401(b), as amended by the FSA. Notes: AGI is adjusted gross income. SAI is Student Aid Index. Pell Grant award cannot exceed cost of attendance (COA). Adjusted gross income thresholds, as a percentage of poverty, are established by the FSA amendments. Upper thresholds are inclusive of the lower category. For example, a dependent student who has a single parent who has an AGI that is 225% of poverty may qualify for the maximum Pell Grant award.

The FSA amendments establish specified instances in which AGI may be adjusted for purposes of awarding Pell Grants. In limited circumstances, AGI may be reduced by grant aid, scholarship aid, and Work Study earnings.⁶⁵ Also in limited circumstances, AGI may be increased to take into consideration foreign income.⁶⁶

Definition of Single Parent for Pell Grant Purposes

The FSA amendments define a single parent⁶⁷ as an individual who was (as defined by the relevant sections of the Internal Revenue Code)

• a head of household,⁶⁸
• a surviving spouse,⁶⁹ or
• an eligible individual for purposes of the Earned Income Tax Credit.⁷⁰

The term single parent applies only to a parent of a dependent student or an independent student who is a parent.

Notably, the construction of the single parent definition for the purposes of determining Pell Grant awards under the AGI provisions is not precisely aligned with the criteria for which parents must provide information when completing the FAFSA to calculate the SAI. (See the "Dependent Students with Divorced or Separated Parents" section.)

Award Calculation for Less Than Full-Time Students

Under current law, scheduled Pell Grant awards are reduced when a student is not full-time.⁷¹ The HEA requires that ED publish a schedule of reductions. ED publishes three less than full-time enrollment schedules: (1) less than full-time but at least three-quarter-time, (2) less than three-quarter-time but at least half-time, and (3) less than half-time enrollment. Consequently, students enrolled less than full-time but at least three-quarter-time (e.g., 9, 10, or 11 credits if full-time is 12 credits) with a similar EFC and COA qualify for the same annual Pell Grant award.

The FSA amendments retain the practice of reducing awards for less than full-time students but changes the methodology.⁷² The FSA amendments require that awards be reduced in direct proportion to the degree to which the student is not enrolled full-time, rounded to the nearest whole percentage point. ED is still required to publish a schedule of reductions. Assuming full-time is 12 credits and COA, AGI, and SAI do not limit the award, a student enrolled in 11 credits, for example, could potentially receive 92% of the total maximum Pell Grant award, whereas a student enrolled in 10 credits could potentially receive 83% of the total maximum Pell Grant award.

Expansion of Minimum Federal Pell Grant Award for Less Than Full-Time Students

Until the FSA amendments take effect, the minimum award is 10% of the total maximum award.⁷³ For AY2022-2023, the minimum Pell Grant award is $692, or 10% of $6,895.⁷⁴ Students with an EFC that is higher than 90% of the total maximum Pell Grant are not eligible because the minimum Pell Grant is 10% of the total maximum award and the award cannot exceed the total maximum award less EFC.⁷⁵ A student must be eligible for the minimum Pell Grant award after the scheduled award is reduced for their enrollment rate. This means, for example, in AY2022-2023 a student who has an EFC of $6,203 (90% of the total maximum award) may receive the minimum award if enrolled full-time ($6,895 - $6,203 = $692), but becomes ineligible to receive a Pell Grant if enrolled half-time ($6,895 - $6,203)/2 = $346).

The FSA amendments establish the minimum award as 10% of the total maximum award, before reducing for a less than full-time enrollment rate.⁷⁶ This means, for example, that a student who has an EFC that is 90% of the total maximum award may receive the minimum award if enrolled full-time and may receive approximately half of the minimum award if enrolled half-time.

Pell Grants for Incarcerated Persons

Until the FSA amendments take effect, students seeking Pell Grants may not be incarcerated in a federal or state penal institution, and students cannot be subject to an involuntary civil commitment following incarceration for a sexual offense (as determined under the FBI's Uniform Crime Reporting Program).⁷⁷ Students in local penal institutions and juvenile detention may be eligible.

The FSA amendments eliminate the above prohibition but require that an individual incarcerated in a correctional institution be enrolled in a prison education program to receive a Pell Grant.⁷⁸ Incarcerated individuals are not, however, required to be enrolled in prison education programs to receive other forms of HEA Title IV aid. Prison education programs must meet general HEA Title IV institutional and programmatic eligibility requirements and additional FSA-established requirements.⁷⁹ Some key FSA-established requirements of prison education programs are that

• proprietary (private, for-profit) IHEs may not offer such programs;
• the offering IHE must not have been subject to certain unfavorable actions by ED, its accrediting agency, or the state within the preceding five years;
• the programs must "be operating in the best interest of students" as determined by the appropriate correctional agency;
• the programs must offer credits that may be transferred to at least one IHE in the state where the correctional facility is located, or, in the case of a federal correctional facility, in the state in which most of the incarcerated individuals will reside upon release; and
• the programs must not offer education that is designed to lead to licensure or an occupation if such job or occupation typically involves prohibitions on the licensure or employment of formerly incarcerated individuals in the state in which the correctional facility is located, or, in the case of a federal correctional facility, in the state in which most of the incarcerated individuals will reside upon release.

Unlike most other provisions in the law, ED must implement these provisions no later than July 1, 2023.⁸⁰ If the Secretary implements earlier than July 1, 2023, notice must be published in the Federal Register at least 60 days before implementation that delineates on what date, under what conditions, and for which award years the Secretary will implement the amendments. ED has indicated that regulations for the prison education programs "may be in effect on July 1, 2023 (or before that time if the regulations are implemented early)."⁸¹

In addition, ED is required to annually and publicly report on the prison education programs, Pell Grant recipients and expenditures, and academic and post-release outcomes.

Year-Round (Summer) Pell Grants

Under current law, qualified students may receive up to one-and-a-half scheduled Pell Grants, or up to 150% of the scheduled award, in each award year. To qualify for the additional funds, a Pell Grant-eligible student must be enrolled at least half-time in a payment period after receiving most or all of his or her scheduled award in previous payment periods during the award year.⁸²

The FSA amendments eliminate the requirement that such students be enrolled at least half-time.

Restoration of Pell Grant Eligibility

The HEA currently establishes a maximum cumulative lifetime eligibility cap on Pell Grant aid of no more than 12 full-time semesters (or the equivalent) of Pell Grant awards or six scheduled awards.⁸³ Pell Grant lifetime eligibility used (LEU) at a closed school from which the student did not graduate does not count toward the lifetime cap—the eligibility used is restored.⁸⁴

The FSA amendments restore Pell Grant eligibility used during the following periods:⁸⁵

• a period of attendance at an IHE at which the student was unable to complete a course of study due to the closure of the institution;
• a period of attendance at an IHE for which the student was falsely certified as eligible for HEA Title IV aid;
• a period for which the student received an HEA Title IV loan⁸⁶ and such loan is discharged because the student was unable to complete a program due to the closure of the institution, because the student's eligibility to borrow was falsely certified by the institution or was falsely certified as a result of a crime of identity theft, or because the institution failed to make a refund of loan proceeds owed to the student's lender;⁸⁷
• a period for which the student received an HEA Title IV loan and such loan is discharged under the Secretary's authority to "compromise, waive, or release any right, title, claim, lien, or demand," under HEA Section 432(a)(6);⁸⁸ or
• a period for which the student received an HEA Title IV loan and such loan is discharged under a borrower defense to repayment claim,⁸⁹ including defenses provided to any applicable groups of students.⁹⁰

The authority to restore Pell Grant eligibility in the above circumstances is among the provisions that ED has the authority to implement on or after July 1, 2023, but not later than July 1, 2024. (See the "Effective Date and Extension" section for more information.)

Changes to Pell Grant Authorizations and Appropriations

Under current law, discretionary appropriations were authorized through FY2017, while mandatory appropriations are permanently provided.⁹¹ The FSA amendments authorize discretionary appropriations for each of FY2024 through FY2034. The FSA amendments maintain the permanent mandatory appropriations at the same levels.

Changes to Policies or Procedures for Specific Populations

A number of FSA provisions change or codify certain procedures or policies for specified populations of students. In most cases, the policies are designed to ease access to aid by streamlining or standardizing policies for a specified population.

Procedures for Homeless Students and Foster Youth

Under current law, students who meet specified criteria related to homelessness or foster youth can qualify as independent students regardless of age and other factors.⁹²

The FSA amendments establish policies and codifies procedures through which FAAs are to verify that a student meets the criteria for these statuses. The changes in procedures for establishing homeless student and foster youth status are among the provisions that ED has the authority to implement on or after July 1, 2023, but not later than July 1, 2024.⁹³ (See the "Effective Date and Extension" section for more information.)

Homeless Students and Students At Risk of Homelessness

Until the FSA amendments take effect, a student may qualify as independent if he or she is verified during the school year as unaccompanied and homeless or "unaccompanied, self-supporting youths at risk of being homeless."⁹⁴ The statute establishes authorities that can verify this status, such as administrators of federal programs that serve homeless youth.

The FSA amendments retain the general principle of independent student status for unaccompanied homeless students and unaccompanied, self-supporting students at risk of homelessness but provides more detail and flexibility on how this status can be established. The FSA amendments explicitly align the definitions of homeless youth and unaccompanied with the McKinney-Vento Homeless Assistance Act.⁹⁵ The FSA amendments establish that if a student is unable to provide documentation of participation in a specified program, the student may also establish this status through a written statement or a documented interview with an FAA. The FSA amendments also permit prior determinations to be used for the same award year or subsequent award years at the same institution or at a different institution.

Procedures for Foster Care Youth

Until the FSA amendments take effect, a student may qualify as independent if he or she was in foster care at any time when aged 13 years or older.

The FSA amendments retain this criterion and establish documentation that shall be considered sufficient for establishing this status. Similar to the policy for homeless students, the FSA amendments establish that prior determinations from the same school or from another school may be used in the same or subsequent award years.

Procedures for Veterans of the Armed Forces

Until the FSA amendments take effect, students who meet specified criteria for a veteran can qualify as independent students regardless of age and other factors.⁹⁶ The definition for veteran is specific to the HEA; though, under current practice, ED uses data from the Department of Veterans Affairs (VA) to confirm that an individual is a veteran for HEA Title IV purposes. Differences in the definitions make the match less effective.

The FSA amendments redefine veteran to coincide with definitions used by the VA.⁹⁷

Procedures for Children of Deceased Servicemembers and Public Safety Officers

Until the FSA amendments take effect, a student whose parent or guardian dies under specified circumstances may be eligible for increased amounts of HEA Title IV aid under two HEA provisions.

Under one provision, an otherwise Pell Grant-eligible student whose parent or guardian dies under specified circumstances receives a zero EFC provided the student was under 24 years old or was enrolled at an IHE at the time of the parent's or guardian's death.⁹⁸ The specified circumstances occur when the parent or guardian was

• a member of the U.S. Armed Forces and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or
• actively serving as a public safety officer and died in the line of duty.⁹⁹

The zero EFC is used to award all HEA Title IV aid. A Pell Grant so awarded to the child of a public safety officer is referred to as a Fallen Heroes Scholarship.

Under the other provision, a student who is not eligible for a Pell Grant because their EFC is too high and who had a parent or guardian die as a result of military service in Iraq or Afghanistan after September 11, 2001, is eligible for non-need-based grants called Iraq and Afghanistan Service Grants (IASG). The amount of the IASG is the same as the Pell Grant the student would be eligible for if they had a zero EFC. IASG payments are adjusted like Pell Grants for students who are enrolled less than full-time, but unlike Pell Grants, these non-need-based grants do not count as estimated financial assistance. In addition, IASG is funded solely with mandatory appropriations that are subject to federal budget sequestration.¹⁰⁰

The FSA amendments consolidate the provisions described above into one similar provision that expands student eligibility and limits the benefit to the Pell Grant program only.¹⁰¹ A student whose parent or guardian died under specified circumstances may qualify for a Pell Grant provided the student is under age 33. The specified circumstances occur when the parent or guardian was

• a member of the U.S. Armed Forces and died in the line of duty while serving on active duty on or after September 11, 2001; or
• actively serving as a public safety officer and died in the line of duty.

The parent's or guardian's death does not qualify the student for additional amounts of non-Pell Grant HEA Title IV aid. In other words, the parent's or guardian's death has no effect on SAI. The amount of the Pell Grant is the same as the Pell Grant the student would be eligible for if they had a zero SAI.

Effect of Drug Convictions and Draft Registration on Student Eligibility

Before the applicable provisions of the FSA amendments took effect, certain drug convictions and failure for males to register for the draft made individuals ineligible for federal student aid under HEA Title IV.

• Students could be disqualified from HEA Title IV aid for a period of time or indefinitely for a federal or state conviction for possession or sale of a controlled substance while receiving HEA Title IV student aid. Periods of ineligibility for federal student aid funds were based on whether the conviction was for the sale or possession of drugs and whether the student had previous offenses.¹⁰²
• The Military Selective Service Act specified that any individual who failed to register with the Selective Service was ineligible for federal student aid under HEA Title IV.¹⁰³ Men who were required to register and did not do so were ineligible unless they did not knowingly and willfully fail to register.

The FSA amendments eliminate the above disqualifications. These amendments were among the specified provisions that ED was authorized to implement before July 1, 2023, in the FSA, as originally enacted.

On June 17, 2021, ED published notice of an early implementation in the Federal Register.¹⁰⁴ For the 2021-2022 and 2022-2023 award years,¹⁰⁵ the questions about Selective Service Registration and specified drug offenses will remain on the FAFSA but affirmative answers to these questions no longer affect students' HEA Title IV eligibility. Beginning in the 2023-2024 award year, the questions on Selective Service Registration and applicable drug convictions will be removed from the FAFSA.

Sharing of Student Information

Under current law, the HEA specifies that student-level information from the FAFSA is shared with states, IHEs specified by the student, and specified scholarship organizations.¹⁰⁶ Other legislation specifies that students may grant explicit written consent for their IHEs to share information with scholarship granting organizations or "an organization … designated by the applicant to assist the applicant in applying for and receiving financial assistance for any component of the applicant's cost of attendance."¹⁰⁷

Beyond the required authorizations to allow for data sharing under the FUTURE Act, the FSA amendments further specify that applicants may provide additional authorization to have certain information shared with "applicable agencies that handle applications for means-tested Federal benefit programs." The information shared with these agencies may include the student's SAI and scheduled Pell Grant but shall not include federal tax information shared from the IRS.¹⁰⁸

Other Changes to Institution-Level Administration and Aid Packaging

FAAs at eligible institutions are involved in several aspects of administering HEA Title IV aid programs. Key roles include reviewing and verifying information submitted by students on the FAFSA, calculating student aid awards, disbursing awards, adjusting awards to ensure students do not receive more assistance than they are eligible for, record keeping, and reporting various information to ED. According to federal student aid need analysis procedures, a student's EFC, amount of EFA, and estimated COA are critical components of determining student aid awards.

Verification

Under current practice, institutions must verify information provided on the FAFSA for a portion of federal aid recipients. Policies and procedures associated with verification are largely established in regulations and agency guidance.¹⁰⁹ Verification mainly consists of students providing documentation to confirm that information provided on the FAFSA is accurate.¹¹⁰

The FSA amendments establish several new statutory provisions related to verification. It directs that ED, "to the maximum extent practicable, streamline and simplify the process of verification for applicants" and requires ED to publish data annually on verification activities.¹¹¹

Estimated Financial Assistance

Under current law, student need is defined as COA minus the sum of the EFC and EFA.¹¹² The statute defines EFA as "all scholarships, grants, loans, or other assistance known to the institution at the time the determination of the student's need is made," with specified exceptions.¹¹³ EFA does not affect eligibility for Pell Grants but can reduce eligibility for other forms of need-based federal aid.

The FSA amendments make a few changes to the forms of assistance that are considered EFA. The FSA amendments remove the exclusion of special combat pay from EFA. The law specifically excludes payments made and services provided under Title IV-E of the Social Security Act to a child or youth in foster care, or formerly in foster care. This includes, for example, the value of a Title IV-E foster care maintenance payment, Educational and Training Vouchers (ETVs), or any other services or assistance provided to the youth under Title IV-E, including the Chafee Foster Care Independence Program for Successful Transition to Adulthood.¹¹⁴ The FSA amendments also exclude from EFA emergency financial assistance provided to the student for unexpected expenses that are a component of the student's COA but not considered when the need determination is made.

Cost of Attendance

Under current law, the statute establishes the elements for institutions to use in estimating the COA that is used in packaging student aid.¹¹⁵ For students attending at least half-time, COA includes tuition, fees, books, supplies, transportation, miscellaneous costs, and several options for room and board. COA can also include specified costs relevant to students in certain situations, including dependent care expenses, study abroad expenses, and expenses associated with a disability. For less than half-time students, the universe of applicable costs is somewhat narrower. Separate provisions of the HEA prohibit ED from regulating beyond what is in the statute.¹¹⁶

The FSA amendments provide additional detail on how IHEs will calculate components of COA for students in various circumstances. These additional details include providing a separate allowance "for purchasing food … that provides the equivalent of three meals per day" for each student who does and does not elect "institutionally owned or operated food services."¹¹⁷ The FSA amendments also remove the prohibition for regulating on components of COA other than tuition and fees. It retains the prohibition for regulating on the tuition and fees component of COA.¹¹⁸

The amended COA provisions are among the provisions that ED has the authority to implement on or after July 1, 2023, but not later than July 1, 2024.¹¹⁹ (See the "Effective Date and Extension" section for more information.)

Other Provisions

The FSA amendments include three provisions that are not related to the direct application for and provision of HEA Title IV aid. These provisions are intended to expand outreach among prospective students regarding the availability of HEA Title IV aid and provide relief to certain institutional and student federal loan borrowers.

Early Awareness and Outreach Efforts

Under current law, the HEA directs ED, in cooperation with states, IHEs, secondary schools, and other partners, to implement outreach programs to communicate the availability of federal student aid. Outreach efforts can include targeted efforts to recipients of other means-tested benefits and secondary students as well as broader public awareness campaigns.

The FSA amendments expand existing provisions related to early awareness and outreach efforts. It directs ED to produce a "consumer-tested method of estimating student eligibility" for Pell Grants. It specifies that the estimation method shall be prominently available on ED's website and shared with specified partners, including HEA Title IV-participating IHEs and all middle and secondary schools eligible for funds under Title I-A of the Elementary and Secondary Education Act.¹²⁰ The FSA amendments further direct ED to establish early awareness outreach plans to provide information about federal student aid and other informational resources to specified populations.

Repeal of the Subsidized Usage Limit Applies Requirement

Eligible undergraduate students may borrow Direct Subsidized Loans. These loans have an interest subsidy that applies during qualifying periods (e.g., while a borrower is enrolled in an eligible program on at least a half-time basis).¹²¹ Until the FSA amendments take effect, a student who is a first-time borrower¹²² may only borrow Direct Subsidized Loans for a period that may not exceed 150% of the published length of the academic program in which he or she is currently enrolled.¹²³ This is referred to as the Subsidized Usage Limit Applies (SULA) requirement.¹²⁴ If a Direct Subsidized Loan borrower subject to this provision remains enrolled in the same program for which the loan was obtained (or another undergraduate academic program of equal or shorter length) beyond the applicable maximum eligibility period, the borrower will become responsible for paying the interest that accrues on all his or her previously borrowed Direct Subsidized Loans after the date that the maximum eligibility period is exceeded.

The FSA amendments repeal the SULA requirement. This repeal was among the specified provisions that ED was authorized to implement prior to July 1, 2023, in the FSA, as originally enacted.

ED effectuated this repeal through regulations. Specifically, effective August 13, 2021, the SULA requirements do not apply to any borrower who receives a Direct Subsidized loan first disbursed on or after July 1, 2021. In addition, for borrowers who have a Direct Subsidized Loan that is outstanding as of July 1, 2021, and on which the borrower has been responsible for paying interest because they exceeded the maximum eligibility period, ED will "adjust their account to remove the interest that accrued and reapply the borrower's payments accordingly."¹²⁵

HBCU Capital Financing Loan Repayment

The Historically Black Colleges and Universities Capital Financing Program (HBCU Cap Fin) is a loan guarantee program that provides federal assistance to HBCUs to obtain low-cost capital financing for campus maintenance, renovation, and construction projects.¹²⁶

The FSA amendments direct ED to repay, within 90 days of enactment and on behalf of participating HBCUs, the outstanding balances on HBCU Cap Fin loan amounts that had been disbursed as of December 27, 2020.

In April 2021, ED announced the discharge of approximately $1.6 billion of debt for 45 HBCUs.¹²⁷