While the portion of the HEA governing program reviews has some baseline protections, like allowing colleges to inspect the review guidelines and procedures, getting adequate opportunity to review and respond to a report, and having penalties be proportionate to the mistake—no such protection is afforded to the new powers of audits, investigations, and undefined “oversight activities.” Those powers would remain completely limitless for the Secretary of Education. Given the Administration’s recent attacks on higher education, this is alarming.
One would have to assume the Committee’s drafting of the new anti-fraud language deliberately bypassed the typical safeguards afforded to colleges, because it was inserted to avoid the protections contained in existing law (Section 498A(b)). These authorities would go far, far beyond any power granted to a previous Secretary of Education to withhold financial aid to specific institutions—and on an undefined standard of “reasonable suspicion” that would be entirely determined by the Secretary of Education herself.
H.R. 7891 ultimately advanced on a 33–0 vote. The Ranking Member of the Committee, Rep. Bobby Scott, stated during the markup that his support was contingent on making changes to the bills before the bills move to the floor. And significant changes must be made.
H.R. 7892 - No Aid for Ghost Students Act of 2026 would codify in statute the fraud-detection initiative the Department is already implementing, applying to each FAFSA submitted on or after October 1, 2026. As NASFAA noted, the bill’s apparent intent is to lock into law what the Department has already launched this month: its real-time identity fraud detection tools.
However, the bill contains no guardrails to ensure that legitimate students, particularly first-generation applicants, students without traditional forms of identification, students with limited access to smartphones or reliable internet, and students experiencing homelessness or without a fixed residential address, are not disproportionately screened out or delayed. Without those guardrails, the same disparate impacts that have plagued earlier verification procedures could reappear under a different label. Nothing in the bill limits the scope of future fraud detection to what is already in place today, meaning it could expand dramatically to withhold aid from more students.
And the bill’s operative trigger, the same as in HR 7891 — “reasonable suspicion of identity fraud” — is a broad legalistic term with little history in federal financial aid policy. This term has typically been used only when referring potential matters to the Department’s Inspector General, where facts and evidence could be carefully gathered by career employees with experience in fraud investigations. This bill radically expands the agency’s powers to make the Secretary the judge, jury, and executioner.
If the loaded term “reasonable suspicion” could be used to potentially withhold aid and initiate far-reaching investigations of schools, that standard should require articulable, credible grounds to believe fraud has occurred, not an unexamined “hunch.” It is also critical that such powers cannot be weaponized against perceived political enemies—perhaps a state or college that isn’t politically aligned with the Administration.
These potential new powers are being offered as the Administration has increasingly engaged in the weaponization of student aid, most recently with accreditation.
Despite the clear potential for creating abuses of power, the bill advanced anyway, 30–3. Committee Democrats again voiced plans to seek changes to the bill before any further action, such as a floor vote.
If the bill moves forward at all, it must require that the Department's risk indicators are established well before any single college or group of students is selected to have their aid withheld, ensure public inspection (or at very minimum, reporting to Congress) of the risk factors or indicators, and mandate the Department publicly report aggregate demographic data on who is being flagged so that differential impact problems can be caught and corrected.
H.R. 7893 - FAFSA Verification Efficiency Act also raises serious concerns. It would authorize the Department, in coordination with the Social Security Administration, to verify Social Security numbers and citizenship status for every FAFSA “contributor,” which includes parents, stepparents, and spouses who are not themselves applying for federal aid.
Current law appropriately limits citizenship eligibility determinations to the student applicant and, in the case of a Parent PLUS loan, the parent borrower. H.R. 7893 sweeps far beyond that narrow, program-integrity purpose, expanding federal collection and interagency sharing of citizenship data on people who aren’t even seeking federal aid themselves.
As Committee Members noted, this raises serious concerns about collecting more personal data than program administration requires, and about the risk that such data could be repurposed for immigration enforcement or other purposes. These aren’t hypothetical concerns. During the 2024–25 cycle, confusion over parental identity fields and the inability of parents without SSNs to sign the form contributed to a 36.6 percent year-over-year drop in FAFSA completions in California, with comparable declines in Texas, Nevada, and Tennessee. When otherwise eligible students don’t fill out the FAFSA out of fear for their families, enrollment declines, local economies suffer, and costs borne by state aid programs go up.
Mandating broader citizenship data collection from contributors will deepen the chill on mixed-status families, while doing nothing to address fraud. These changes are also proposed against a backdrop of the “public charge” rule, which has injected new fear and uncertainty into families’ use of public benefits. A student’s Title IV eligibility does not rely on the citizenship status of their stepparent or spouse. It never has and never should.
The bill advanced on a party-line vote, 19-13.