[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2927 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2927

  To require the Secretary of Education to rebate lost Pell Grants to 
students whose Pell Grants were reduced or eliminated because of excess 
 expected family contributions computed in the needs analysis process 
         for student financial aid for academic year 2005-2006.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2005

Mr. George Miller of California (for himself, Mr. Kildee, Mr. Tierney, 
  Mr. Holt, Mr. Grijalva, Mr. Van Hollen, Mr. Bishop of New York, Mr. 
  Pallone, Mr. Conyers, Mr. McDermott, Ms. McCollum of Minnesota, Mr. 
   Olver, and Ms. DeLauro) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Education to rebate lost Pell Grants to 
students whose Pell Grants were reduced or eliminated because of excess 
 expected family contributions computed in the needs analysis process 
         for student financial aid for academic year 2005-2006.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Fairness Act''.

SEC. 2. REBATE REQUIRED.

    (a) Calculation of Lost Pell Grant Amounts.--Within 90 days after 
the date of enactment of this Act, the Secretary of Education shall, 
for each student who filed a Free Application for Federal Student Aid 
for the award year 2005-2006, determine the amount (if any) by which a 
Pell Grant to such student was reduced or eliminated as a result of the 
amount (if any) by which--
            (1) the expected family contribution, as determined for 
        such student for such award year on the basis of the allowance 
        for State and other taxes as adjusted by the updated tax tables 
        prescribed on December 23, 2004 (Federal Register, V. 69, No. 
        246, pp. 76926-76927), exceeds
            (2) the expected family contribution that would apply to 
        such student if such contribution were determined on the basis 
        of the allowance for State and other taxes as in effect for the 
        award year 2004-2005.
    (b) Rebate of Lost Pell Grant Amounts Required.--For each student 
determined under subsection (a) to have had a Pell Grant reduced or 
eliminated, the Secretary shall provide to such student a rebate equal 
to the amount of such reduction or elimination.
    (c) Authority to Use Contractors for Administration.--The Secretary 
may provide by contract for the administration of the requirements of 
this section.
    (d) Use of FAFSA Data Permitted.--The Secretary may use information 
provided on the Free Application for Federal Student Aid to comply with 
the requirements of this section.
    (e) Treatment of Rebates.--Any rebate provided under this section--
            (1) shall not be treated as income for purposes of the 
        Internal Revenue Code of 1986; and
            (2) shall not be treated as other financial aid, estimated 
        financial assistance, assets, income, or other resources for 
        purposes of determining--
                    (A) whether the student obtained an over-award for 
                the award year 2005-2006; or
                    (B) the need for financial assistance for any award 
                year subsequent to award year 2005-2006.
    (f) No Obligation on Institutions of Higher Education.--Nothing in 
this section authorizes the Secretary to impose any obligation on an 
institution of higher education that is eligible to participate in 
programs under subpart 1 of part A of the title IV of the Higher 
Education Act of 1965 to perform any administrative requirement to 
carry out this section.
                                 <all>