20 USC 1090 - Free Application for Federal Student Aid

U.S Code last checked for updates: Nov 22, 2024

§ 1090.

Free Application for Federal Student Aid

(a)

Simplified application for Federal student financial aid

(1)

In general

(2)

Free application

(A)

In general

(B)

Information required by the applicant

(i)

In general

(ii)

Information to be provided

The information described in this clause is the following:

(I)

Name.

(II)

Contact information, including address, phone number, email address, or other electronic address.

(III)

Social security number.

(IV)

Date of birth.

(V)

Marital status.

(VI)

Citizenship status, including alien registration number, if applicable.

(VII)

Sex.

(VIII)

Race or ethnicity, using categories developed in consultation with the Bureau of the Census and the Director of the Institute of Education Sciences that, to the greatest extent practicable, separately capture the racial groups specified in the American Community Survey of the Bureau of the Census.

(IX)

State of legal residence and date of residency.

(X)

The following information on secondary school completion:

(aa)

Name and location of the high school from which the applicant received, or will receive prior to the period of enrollment for which aid is sought, a regular high school diploma;

(bb)

name and location of the entity from which the applicant received, or will receive prior to the period of enrollment for which aid is sought, a recognized equivalent of a regular high school diploma; or

(cc)

if the applicant completed or will complete prior to the period of enrollment for which aid is sought, a secondary school education in a home school setting that is treated as a home school or private school under State law.

(XI)

Name of each institution where the applicant intends to apply for enrollment or continue enrollment.

(XII)

Year in school for period of enrollment for which aid is sought, including whether applicant will have finished first bachelor’s degree prior to the period of enrollment for which aid is sought.

(XIII)

Whether one or both of the applicant’s parents attended college.

(XIV)

Any required asset information, unless exempt under section 1087ss of this title, in which the applicant shall indicate—

(aa)

the annual amount of child support received, if applicable; and

(bb)

all required asset information not described in item (aa).

(XV)

The number of members of the applicant’s family who will also be enrolled in an eligible institution of higher education on at least a half-time basis during the same enrollment period as the applicant.

(XVI)

If the applicant meets any of the following designations:

(aa)

Is an unaccompanied homeless youth, or is unaccompanied, at risk of homelessness, and self-supporting.

(bb)

Is an emancipated minor.

(cc)

Is in legal guardianship.

(dd)

Has been a dependent ward of the court at any time since the applicant turned 13.

(ee)

Has been in foster care at any time since the applicant turned 13.

(ff)

Both parents have died since the applicant turned 13.

(gg)

Is a veteran of the Armed Forces of the United States or is serving (on the date of the application) on active duty in the Armed Forces for other than training purposes.

(hh)

Is under the age of 24 and has a dependent child or relative.

(ii)

Does not have access to parental information due to an unusual circumstance described in section 1087vv(d)(9) of this title.

(XVII)

If the applicant receives or has received any of the following means-tested Federal benefits within the last two years:

(aa)

The supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).

(bb)

The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), a nutrition assistance program carried out under section 19 of such Act (7 U.S.C. 2028), or a supplemental nutrition assistance program carried out under section 1841(c) of title 48.

(cc)

The free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

(dd)

The program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

(ee)

The special supplemental nutrition program for women, infants, and children established by section 1786 of title 42.

(ff)

The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

(gg)

Federal housing assistance programs, including tenant-based assistance under section 1437f(o) of title 42, and public housing, as defined in section 1437a(b)(1) of title 42.

(hh)

Refundable credit for coverage under a qualified health plan under section 36B of title 26.

(ii)

The Earned Income Tax Credit under section 32 of title 26.

(jj)

Any other means-tested program determined by the Secretary to be appropriate.

(XVIII)

If the applicant, or, if necessary, the parents or spouse of the applicant, reported receiving tax exempt payments from an individual retirement plan (as defined in section 7701 of title 26) distribution or from pensions or annuities on a Federal tax return, information as to how much of the individual retirement plan distribution or pension or annuity disbursement was a qualified rollover.

(XIX)

If the applicant, or, if necessary, the parents or spouse of the applicant, reported receiving foreign income that is exempt from Federal taxation or for which a permanent resident of the United States or United States citizen receives a foreign tax credit, information regarding the amount of such foreign income.

(XX)

If the applicant, or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship aid included in gross income on a Federal tax return described in section 1087vv(e)(2) of this title, information regarding the amount of such aid 1

 So in original. Probably should be followed by a period.

(iii)

Prohibition against requesting information more than once

(iv)

Change in family size

(v)

Single question for homeless status

The Secretary shall ensure that—

(I)

on the form developed under this section for which the information is applicable, there is a single, easily understood screening question to identify an applicant who is an unaccompanied homeless youth or is unaccompanied, at risk of homelessness, and self-supporting; and

(II)

such question is distinct from those relating to an individual who does not have access to parental income due to an unusual circumstance.

(vi)

Adjustments

(C)

Notification and approval of request for tax return information

(D)

Authorizations available to the applicant

(i)

Authorization to disclose FAFSA information, including a redisclosure of tax return information, to institution, State higher education agency, and designated scholarship organizations

An applicant and, if necessary, the parents or spouse of the applicant shall provide the Secretary with authorization to disclose to an institution, State higher education agency, and scholarship organizations (designated (prior to December 19, 2019) by the Secretary under subsection (a)(3)(E)) 2

 So in original. The second closing parenthesis probably should not appear.

as in effect on such date 3

 So in original. Probably should be followed by a closing parenthesis.

, as specified by the applicant and in accordance with section 1098h of this title, in order for the applicant’s eligibility for Federal financial aid programs, State financial aid programs, institutional financial aid programs, and scholarship programs at scholarship organizations (designated (prior to December 19, 2019) by the Secretary under subsection (a)(3)(E)) 2 as in effect on such date 3, to be determined, the following:

(I)

Information described under section 6103(l)(13) of title 26.

(II)

All information provided by the applicant on the application described by this subsection to determine the applicant’s eligibility for Federal financial aid under this subchapter and for the application, award, and administration of such Federal financial aid, except the name of an institution to which an applicant selects to redisclose information shall not be disclosed to any other institution.

(ii)

Authorization to disclose to benefits programs

(E)

Action by the Secretary

Upon receiving—

(i)

an application under this section, the Secretary shall, as soon as practicable, perform the necessary functions with the Commissioner of Internal Revenue to calculate the applicant’s student aid index and scheduled award for a Federal Pell Grant, if applicable, assuming full-time enrollment for an academic year, and note to the applicant the assumptions relationship to the scheduled award; and

(ii)

an authorization under subparagraph (D), the Secretary shall, as soon as practicable, disclose the information described under such subparagraph, as specified by the applicant, in order for the applicant’s eligibility for Federal, State, or institutional student financial aid programs or means-tested Federal benefit programs to be estimated or determined.

(F)

Work study wages

(3)

Information to be supplied by the Secretary of Education

(A)

In general

Upon receiving and timely processing a free application that contains the information described in paragraph (2), the Secretary shall provide to the applicant the following information based on full-time attendance for an academic year:

(i)

The estimated dollar amount of a Federal Pell Grant scheduled award for which the applicant is eligible for such award year.

(ii)

Information on other types of Federal financial aid for which the applicant may be eligible (including situations in which the applicant could qualify for 150 percent of a scheduled Federal Pell Grant award and loans made under this subchapter) and how the applicant can find additional information regarding such aid.

(iii)

Consumer-tested information regarding each institution selected by the applicant in accordance with paragraph (2)(B)(ii)(XI), which may include the following:

(I)

The following information, as collected through the Integrated Postsecondary Education Data System or a successor Federal data system as designated by the Secretary:

(aa)

Net price by the income categories, as described under section 1015a(i)(6) of this title, and disaggregated by undergraduate and graduate programs, as applicable.

(bb)

Graduation rate.

(cc)

Retention rate.

(dd)

Transfer rate, if available.

(II)

Median debt of students upon completion.

(III)

Institutional default rate, as calculated under section 1085 of this title.

(iv)

If the student is eligible for a student aid index of less than or equal to zero under section 1087mm of this title, a notification of the Federal means-tested benefits that they have not already indicated they receive, but for which they may be eligible, and relevant links and information on how to apply for such benefits.

(v)

Information on education tax benefits described in paragraphs (1) and (2) of section 25A(a) of title 26 or other applicable education tax benefits determined in consultation with the Secretary of the Treasury.

(vi)

If the individual identified as a veteran, or as serving (on the date of the application) on active duty in the Armed Forces for other than training purposes, information on benefits administered by the Department of Veteran Affairs or Department of Defense, respectively.

(vii)

If applicable, the applicant’s current outstanding balance of loans under this subchapter.

(B)

Information provided to the State

(i)

In general

(ii)

Use of information

A State agency administering State-based financial aid—

(I)

shall use the information provided under clause (i) solely for the application, award, and administration of State-based financial aid for which the applicant is eligible;

(II)

may use the information, except for the information described under section 6103(l)(13) of title 26, for State agency research that does not release any individually identifiable information on any applicant to promote college attendance, persistence, and completion;

(III)

may use identifying information provided by student applicants on the FAFSA to determine whether or not a graduating secondary student has filed the application in coordination with local educational agencies or secondary schools to encourage students to complete the application; and

(IV)

may share the application information, excluding the information described under section 6103(l)(13) of title 26, with any other entity, only if such applicant provides explicit written consent of the applicant, except as provided in subclause (III).

(iii)

Limitation on consent process

(iv)

Prohibition

(C)

Use of information provided to the institution

An institution—

(i)

shall use the information provided to it solely for the application, award, and administration of financial aid to the applicant;

(ii)

may use the information provided, excluding the information described under section 6013(l)(13) 4

 So in original. Probably should be “section 6103(l)(13)”.

of title 26, for research that does not release any individually identifiable information on any applicant, to promote college attendance, persistence, and completion; and

(iii)

shall not share such educational record information with any other entity without the explicit written consent of the applicant.

(D)

Prohibition

(E)

FAFSA information that includes tax return information

(4)

Development of form and information exchange

Prior to the design of the free application under this subsection, the Secretary shall, to the maximum extent practicable, on an annual basis—

(A)

consult with stakeholders to gather information about innovations and technology available to—

(i)

ensure an efficient and effective process;

(ii)

mitigate unintended consequences; and

(iii)

determine the best practices for outreach to students and families during the transition to the streamlined process for the determination of Federal financial aid and Federal Pell Grant eligibility while reducing the data burden on applicants and families; and

(B)

solicit public comments for the format of the free application that provides for adequate time to incorporate feedback prior to development of the application for the succeeding award year.

(5)

No additional information requests permitted

(6)

State-run programs

(A)

In general

(B)

Secretarial review

If a State determines that there is a need for additional data elements beyond those provided pursuant to this subsection for determining the eligibility of an applicant for State provided financial aid, the State shall forward a list of those additional data elements determined necessary, but not provided by virtue of the application under this subsection, to the Secretary. The Secretary shall make readily available to the public through the Department’s websites and other means—

(i)

a list of States that do not require additional financial information separate from the Free Application for Federal Student Aid and do not require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purposes of awarding State scholarships and grant aid;

(ii)

a list of States that require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purposes of awarding State scholarships and grant aid;

(iii)

a list of States that have indicated that they require additional financial information separate from the Free Application for Federal Student Aid for purposes of awarding State scholarships and grant aid; and

(iv)

with the publication of the lists under this subparagraph, information about additional resources available to applicants, including links to such State websites.

(7)

Institution-run financial aid

(A)

In general

The Secretary shall conduct outreach to institutions of higher education to describe the benefits to students of relying solely on the student aid index, scheduled Pell Grant Award, or the financial data made available, upon authorization for release by the applicant, as a result of an application for aid under this subsection for determining the eligibility of the applicant for institutional financial aid. The Secretary shall make readily available to the public through its websites and other means—

(i)

a list of institutions that do not require additional financial information separate from the Free Application for Federal Student Aid and do not require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purpose of awarding institution-run financial aid;

(ii)

a list of institutions that require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purpose of awarding institution-run financial aid;

(iii)

a list of institutions that require additional financial information separate from the Free Application for Federal Student Aid for the purpose of awarding institution-run financial aid; and

(iv)

with the publication of the list in clause (iii), information about additional resources available to applicants.

(8)

Security of data

The Secretary shall, in consultation with the Secretary of the Treasury—

(A)

take all necessary steps to safeguard the data required to be transmitted for the purpose of this section between Federal agencies and to States and institutions of higher education and secure the transmittal of such data;

(B)

provide guidance to States and institutions of higher education regarding their obligation to ensure the security of the data provided under this section and section 6103 of title 26; and

(C)

provide guidance on the implementation of section 6103 of title 26, including how it intersects with the provisions of section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”), and any additional consent processes that may be available to applicants in accordance with title 26 regarding sharing of Federal tax information.

(9)

Report to Congress

(A)

In general

Not later than 1 year after December 27, 2020, the Secretary shall report to the authorizing committees on the progress of the Secretary in carrying out this subsection, including planning and stakeholder consultation. Such report shall include—

(i)

benchmarks for implementation;

(ii)

entities and organizations that the Secretary consulted;

(iii)

system requirements for such implementation and how they will be addressed;

(iv)

any areas of concern and potential problem issues uncovered that may hamper such implementation; and

(v)

solutions determined to address such issues.

(B)

Updates

The Secretary shall provide updates to the authorizing committees—

(i)

as to the progress and planning described in subparagraph (A) prior to implementation of the revisions to the Free Application for Federal Student Aid under this subsection not less often than quarterly; and

(ii)

at least 6 months and 1 year after implementation of the revisions to the Free Application for Federal Student Aid.

(b)

Adjustments and improvements

(1)

In general

The Secretary shall disclose in a consumer-tested format, upon completion of the Free Application for Federal Student Aid under this section, that the student may, on a case-by-case basis, qualify for an adjustment under section 1087tt of this title to the cost of attendance or the values of the data items required to calculate the Federal Pell Grant or the need analysis for the student or parent. Such disclosure shall specify—

(A)

examples of the special circumstances under which a student or family member may qualify for such adjustment or determination of independence; and

(B)

additional information regarding the steps a student or family member may take in order to seek an adjustment under section 1087tt of this title.

(2)

Consumer testing

(A)

In general

(B)

Updates

(3)

Accessibility of the FAFSA

The Secretary shall—

(A)

in conjunction with the Bureau of the Census, determine the most common languages spoken by English learner students and their parents in the United States;

(B)

develop and make publicly available versions of the Free Application for Federal Student Aid form in not fewer than 11 of the most common languages determined under subparagraph (A) and make such versions available and accessible to applicants in paper and electronic formats; and

(C)

ensure that the Free Application for Federal Student Aid is available in formats accessible to individuals with disabilities and compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines.

(4)

Reapplication in a succeeding academic year

(5)

Technology accessibility

The Secretary shall make the application under this section available through prevalent technology. Such technology shall, at a minimum, enable applicants to—

(A)

save data; and

(B)

submit the application under this subchapter to the Secretary through such technology.

(6)

Verification burden

The Secretary shall—

(A)

to the maximum extent practicable, streamline and simplify the process of verification for applicants for Federal financial aid;

(B)

in establishing policies and procedures to verify applicants’ eligibility for Federal financial aid, consider—

(i)

the burden placed on low-income applicants;

(ii)

the risk to low-income applicants of failing to complete the application, enroll in college, or complete a postsecondary credential as a result of being selected for verification;

(iii)

the effectiveness of the policies and procedures in preventing overpayments; and

(iv)

the reasons for the source of any improper payments; and

(C)

issue a public report not less often than annually that includes the number and percentage of applicants subject to verification, whether the applicants ultimately received Federal financial aid disbursements, the extent to which the student aid index changed for such applicants as a result of verification, and the extent to which such applicants’ eligibility for Federal financial aid under this subchapter changed.

(7)

Studies

The Secretary shall periodically conduct studies on—

(A)

whether the Free Application for Federal Student Aid is a barrier to college enrollment by examining—

(i)

the effect of States requiring additional information specified in clauses (ii) and (iii) of subsection (a)(6)(B) on the determination of State financial aid awards, including—

(I)

how much financial aid awards would change if the additional information were not required; and

(II)

the number of students who started but did not finish the Free Application for Federal Student Aid, compared to the baseline year of 2021; and

(ii)

the number of students who—

(I)

started a Free Application for Federal Student Aid but did not receive financial assistance under this subchapter for the applicable academic year; and

(II)

if available, did not enroll in an institution of higher education in the applicable academic year;

(B)

the most common barriers faced by applicants in completing the Free Application for Federal Student Aid; and

(C)

the most common reasons that students and families do not fill out the Free Applications for Federal Student Aid.

(c)

Data and information

(1)

In general

The Secretary shall publish data in a publicly accessible manner—

(A)

annually on the total number of Free Applications for Federal Student Aid submitted by application cycle, disaggregated by demographic characteristics, type of institution or institutions of higher education to which the applicant applied, the applicant’s State of legal residence, and high school and public school district;

(B)

quarterly on the total number of Free Applications for Federal Student Aid submitted by application cycle, disaggregated by type of institution or institutions of higher education to which the applicant applied, the applicant’s State of legal residence, and high school and public school district;

(C)

weekly on the total number of Free Applications for Federal Student Aid submitted, disaggregated by high school and public school district; and

(D)

annually on the number of individuals who apply for federal financial aid pursuant to this section who indicated that they are—

(i)

an unaccompanied homeless youth or unaccompanied, at risk of homelessness, and self-supporting; or

(ii)

a foster care youth.

(2)

Contents

The data described in paragraph (1)(D) with respect to homeless youth shall include, at a minimum, for each application cycle—

(A)

the total number of all applicants who were determined to be individuals described in section 1087vv(d)(8) of this title; and

(B)

the number of applicants described in subparagraph (A), disaggregated—

(i)

by State; and

(ii)

by the sources of determination as described in section 1087uu–2(b) of this title.

(3)

Data sharing

(d)

Ensuring form usability

(1)

Signature

(2)

Free preparation authorized

Notwithstanding any other provision of this subchapter, an applicant may use a preparer for consultative or preparation services for the completion of the Free Application for Federal Student Aid without charging a fee to the applicant if the preparer—

(A)

includes, at the time the application is submitted to the Department, the name, address or employer’s address, social security number or employer identification number, and organizational affiliation of the preparer on the applicant’s form;

(B)

is subject to the same penalties as an applicant for purposely giving false or misleading information in the application;

(C)

clearly informs each individual upon initial contact, that the Free Application for Federal Student Aid is a free form that may be completed without professional assistance; and

(D)

does not produce, use, or disseminate any other form for the purpose of applying for Federal financial aid other than the Free Application for Federal Student Aid developed by the Secretary under this section.

(3)

Charges to students and parents for use of forms prohibited

(4)

Application processing cycle

(5)

Early estimates

(6)

Additional forms

(Pub. L. 89–329, title IV, § 483, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1478; amended Pub. L. 100–50, § 15(3)–(6), June 3, 1987, 101 Stat. 356; Pub. L. 102–325, title IV, § 483, July 23, 1992, 106 Stat. 612; Pub. L. 103–208, § 2(h)(8)–(12), Dec. 20, 1993, 107 Stat. 2476; Pub. L. 105–244, title IV, § 482, Oct. 7, 1998, 112 Stat. 1733; Pub. L. 110–315, title I, § 103(b)(10), title IV, § 483(a), Aug. 14, 2008, 122 Stat. 3090, 3272; Pub. L. 111–39, title IV, § 407(b)(3), July 1, 2009, 123 Stat. 1950; Pub. L. 111–152, title II, § 2101(b)(4), Mar. 30, 2010, 124 Stat. 1073; Pub. L. 116–260, div. FF, title VII, § 702(m)(1), Dec. 27, 2020, 134 Stat. 3168; Pub. L. 117–103, div. R, § 102(b)(4), Mar. 15, 2022, 136 Stat. 819.)

cite as: 20 USC 1090