12 2 STA T .3 2 76PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8‘ ‘ (i)wh i c h dat ait ems each S tate r e qu ires t o award n eed -b ased State aid
and ‘‘(ii) i f the State wi l l p ermit an applicant to file a form described in para g raph ( 2 )( B )or( 3 )(B) . ‘‘( C ) FED E RAL RE GIST ER NO TI C E. — Beginning with the forms de v eloped under paragraphs (2)(B) and (3)(B) for the award y ear 2 01 0 – 2011 , the Secretary shall publish on an annual basis a notice in the Federal R egister requiring State agencies to inform the Secretary— ‘‘(i) if the State agency is unable to permit applicants to utili z e the simplified forms described in paragraphs (2)(B) and (3)(B); and ‘‘(ii) of the State-specific nonfinancial data that the State agency requires for delivery of State need- based financial aid. ‘‘( D ) U SEO F SI MP LIFIED FORMS ENCO U RAGED.— T he Sec- retary shall encourage States to ta k e such steps as are necessary to encourage the use of simplified forms under this subsection, including those forms described in para- graphs (2)(B) and (3)(B), for applicants who meet the requirements of subsection (b) or (c) of section 479 . ‘‘( E ) CONSE Q UENCES IF STATE DOES NOT ACCEPT SIM- PLIFIED FORMS.— I f a State does not permit an applicant to file a form described in paragraph (2)(B) or (3)(B) for purposes of determining eligibility for State need-based financial aid, the Secretary may determine that State-spe- cific questions for such State will not be included on a form described in paragraph (2)(B) or (3)(B). If the Sec- retary makes such determination, the Secretary shall advise the State of the Secretary ’ s determination. ‘‘(F) L AC K OF STATE RESPONSE TO REQUEST FOR INFORMATION.—If a State does not respond to the Sec- retary’s request for information under subparagraph (B), the Secretary shall— ‘‘(i) permit residents of that State to complete sim- plified forms under paragraphs (2)(B) and (3)(B); and ‘‘(ii) not require any resident of such State to com- plete any data items previously required by that State under this section. ‘‘( G ) RESTRICTION.—The Secretary shall, to the e x tent practicable, not require applicants to complete any financial or nonfinancial data items that are not required— ‘‘(i) by the applicant’s State; or ‘‘(ii) by the Secretary. ‘‘( 6 )C H ARGES TO STUDENTS AND PARENTS FOR USE OF FORMS PROHI B ITED.—The need and eligibility of a student for financial assistance under parts A through E (other than under subpart 4 of part A) may be determined only by using a form developed by the Secretary under this subsection. Such forms shall be produced, distributed, and processed by the Secretary, and no parent or student shall be charged a fee by the Secretary, a contractor, a third-party servicer or private software provider, or any other public or private entity for the collection, proc- essing, or delivery of financial aid through the use of such forms. N o data collected on a form for which a fee is charged shall be used to complete the form prescribed under this section, except that a Federal or State income tax form prepared by Deadlin e .
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