[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4465 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4465

  To amend the Higher Education Act of 1965 to establish an emergency 
               grant aid program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2020

 Ms. Smith (for herself, Ms. Klobuchar, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to establish an emergency 
               grant aid program, and for other purposes.

    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 ``Emergency Grant Aid for College 
Students Act''.

SEC. 2. EMERGENCY FINANCIAL AID GRANT PROGRAM.

    Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070b et seq.) is amended by adding at the end the following:

              ``Subpart 11--Emergency Financial Aid Grants

``SEC. 420T. EMERGENCY FINANCIAL AID GRANT PROGRAM.

    ``(a) Emergency Financial Aid Grant Programs Authorized.--The 
Secretary shall carry out a grant program to make grants, in accordance 
with subsection (b), to eligible entities to provide emergency 
financial aid grants to eligible students in accordance with subsection 
(c).
    ``(b) Application.--
            ``(1) In general.--Each eligible entity desiring to carry 
        out an emergency grant aid program under this section shall 
        submit an application to the Secretary, at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Outreach.--The Secretary shall, at least 60 days 
        before each deadline to submit applications under paragraph 
        (1), conduct outreach to institutions of higher education, and 
        systems of higher education, eligible for assistance under 
        title III or V, to provide such institutions with information 
        on the opportunity to apply under paragraph (1) to carry out an 
        emergency grant aid program under this section.
            ``(3) Contents.--Each application under paragraph (1) shall 
        include a description of the emergency grant aid program to be 
        carried out by the eligible entity, including--
                    ``(A) an estimate of the number of emergency 
                financial aid grants that such entity will make in an 
                award year and how such eligible entity assessed such 
                estimate;
                    ``(B) the criteria the eligible entity will use to 
                determine an emergency for which an eligible student 
                will be eligible to receive an emergency financial aid 
                grant;
                    ``(C) an assurance that an emergency for which an 
                eligible student will be eligible to receive an 
                emergency financial aid grant will include financial 
                challenges related to any component of the student's 
                cost of attendance or financial challenges that would 
                impact the ability of an eligible student to continue 
                the course of study of such student, including--
                            ``(i) a loss of employment (including a 
                        temporary loss of employment) or a reduction in 
                        pay or hours;
                            ``(ii) costs related to transportation, 
                        child care, utilities, or housing of the 
                        student;
                            ``(iii) a medical condition or health 
                        needs, including pregnancy and mental health, 
                        of the student, or a spouse or dependent of the 
                        student;
                            ``(iv) with respect to the eligible 
                        student, food insecurity; and
                            ``(v) in the case of an eligible student 
                        who is a dependent student--
                                    ``(I) the death of a parent or 
                                guardian of such eligible student; or
                                    ``(II) a medical condition of the 
                                parent or guardian of such eligible 
                                student which results in the loss of 
                                employment (including a temporary loss 
                                of employment) of such parent or 
                                guardian;
                    ``(D) an assurance that the eligible entity, when 
                applicable, will make information available to eligible 
                students about the eligibility of such students, and 
                their dependents as applicable, for assistance under--
                            ``(i) the supplemental security income 
                        program under title XVI of the Social Security 
                        Act (42 U.S.C. 1381 et seq.);
                            ``(ii) the supplemental nutrition 
                        assistance program under the Food and Nutrition 
                        Act of 2008 (7 U.S.C. 2011 et seq.);
                            ``(iii) 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.);
                            ``(iv) 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.);
                            ``(v) the special supplemental nutrition 
                        program for women, infants, and children 
                        established by section 17 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1786);
                            ``(vi) Medicaid program under title XIX of 
                        the Social Security Act (42 U.S.C. 1396 et 
                        seq.);
                            ``(vii) Federal housing assistance 
                        programs, including tenant-based assistance 
                        under section 8(o) of the United States Housing 
                        Act of 1937 (42 U.S.C. 1437f(o)), and public 
                        housing, as defined in section 3(b)(1) of such 
                        Act (42 U.S.C. 1437a(b)(1)); and
                            ``(viii) any other means-tested program 
                        determined by the Secretary to be appropriate;
                    ``(E) how the eligible entity will administer the 
                emergency grant aid program, including--
                            ``(i) the process by which an eligible 
                        student may apply for and receive an emergency 
                        grant, including an opportunity to do so 
                        online;
                            ``(ii) the processes the eligible entity 
                        will use to respond to applications, approve 
                        applications, and disburse emergency financial 
                        aid grants, including outside of normal 
                        business hours; and
                            ``(iii) how the eligible entity will 
                        advertise emergency grants to eligible 
                        students;
                    ``(F) an assurance that the process by which an 
                eligible student applies for an emergency financial aid 
                grant includes at least one opportunity to appeal a 
                denial of such a grant;
                    ``(G) an assurance that the eligible entity will 
                acknowledge receipt of a student's request and fund 
                approved applications not later than 10 business days 
                after the date of the approval;
                    ``(H) a description of how the eligible entity will 
                prioritize eligible students with financial need to 
                receive emergency financial aid grants; and
                    ``(I) any other information the Secretary may 
                require.
            ``(4) Priority.--In selecting eligible entities to carry 
        out an emergency grant aid program under this section, the 
        Secretary may give priority to--
                    ``(A) an eligible entity that is a community 
                college or has an admissions rate that is 50 percent or 
                higher;
                    ``(B) an eligible entity that is eligible to 
                receive a grant under part A or B of title III or title 
                V, including--
                            ``(i) a historically Black college or 
                        university;
                            ``(ii) a Hispanic-serving institution;
                            ``(iii) a Tribal College or University; or
                            ``(iv) a minority-serving institution;
                    ``(C) an eligible entity that is a rural-serving 
                institution;
                    ``(D) an eligible entity located in--
                            ``(i) a census tract or region in which is 
                        located a local educational agency that 
                        receives special assistance payments under 
                        section 11(a)(1)(F) of the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1759a(a)(1)(F)); or
                            ``(ii) an area of deep poverty where 40 
                        percent or more of the population are at or 
                        below the Federal poverty line, as measured by 
                        the decennial Census; or
                    ``(E) an eligible entity in which not less than 30 
                percent of the students enrolled at such eligible 
                entity are eligible to receive a Federal Pell Grant.
    ``(c) Use of Funds.--
            ``(1) In general.--An eligible entity may only use funds 
        provided under this section to make emergency financial aid 
        grants to eligible students.
            ``(2) Amount of awards.--
                    ``(A) In general.--An eligible student may receive 
                an amount under this section that would cause the 
                amount of total financial aid received by such student 
                to exceed the cost of attendance of the institution of 
                higher education in which the student is enrolled.
                    ``(B) Maximum amounts received.--An eligible 
                student may not receive a cumulative amount under this 
                section for an academic year that is more than the 
                maximum Federal Pell Grant available for such academic 
                year.
            ``(3) Determinations.--In determining eligibility for and 
        awarding emergency financial aid grants under this section, an 
        eligible entity may--
                    ``(A) waive the amount of need calculation under 
                section 471; and
                    ``(B) utilize a contract with a scholarship-
                granting organization designated for the sole purpose 
                of accepting applications from, or disbursing funds to, 
                students enrolled in the institution of higher 
                education, if such scholarship-granting organization 
                disburses the full allocated amount provided to the 
                institution of higher education to the student 
                recipients.
    ``(d) Reporting and Oversight.--
            ``(1) In general.--Not less frequently than once annually, 
        each eligible entity that receives a grant under this section 
        shall submit to the Secretary a report on the progress of the 
        eligible entity in carrying out the programs supported by such 
        grant.
            ``(2) Form of report.--The report under paragraph (1) shall 
        be submitted to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require. The 
        Secretary shall issue uniform guidelines describing the 
        information that shall be reported by grantees under such 
        paragraph.
            ``(3) Content of report.--
                    ``(A) In general.--The report under paragraph (1) 
                shall include, at minimum, the following:
                            ``(i) Whether the eligible entity required 
                        an application for emergency financial aid 
                        grants.
                            ``(ii) The average, minimum, and maximum 
                        amount of grants made available to eligible 
                        students, including any average, minimum, or 
                        maximum grant levels made to any specific 
                        subgroups of eligible students, including the 
                        subgroups listed in clause (iii).
                            ``(iii) A description of any specific 
                        subgroups of eligible students who were 
                        prioritized for the emergency financial aid 
                        grants, including students of color, low-income 
                        students, first-generation college students, 
                        students with disabilities, English learners, 
                        students experiencing homelessness, former 
                        foster youth, or student parents.
                            ``(iv) The number of eligible students who 
                        received an emergency financial aid grant, 
                        including the number of eligible students who 
                        received more than one such grant, and the 
                        number of eligible students in each of the 
                        subgroups described in clause (iii) who 
                        received an emergency financial aid grant, 
                        including the number of eligible students in 
                        each of such subgroups who received more than 
                        one such grant.
                            ``(v) The types of emergencies declared and 
                        frequencies of emergencies declared by eligible 
                        students.
                            ``(vi) The number of students who applied 
                        for an emergency financial aid grant, including 
                        the number of eligible students in each of the 
                        subgroups described in clause (iii) who applied 
                        for an emergency financial aid grant.
                            ``(vii) The number of students who were 
                        denied such a grant.
                            ``(viii) The number of students who 
                        appealed a denial of such grant.
                            ``(ix) The average amount of time it took 
                        an eligible entity to respond to requests for 
                        such a grant and the average amount of time it 
                        took the eligible entity to award or deny such 
                        a grant.
                            ``(x) A description and amount of any 
                        institutional funds used to supplement 
                        emergency financial aid grants provided in 
                        accordance with this section.
                            ``(xi) Outcomes of the eligible students 
                        who received such a grant, including rates of 
                        persistence, retention, and completion.
                            ``(xii) A description of the method used to 
                        disburse emergency grants to students.
    ``(e) Determination of Awards.--Notwithstanding any other provision 
of law, an eligible entity that receives a grant under this section 
shall solely determine which students receive emergency financial aid 
grants under this section.
    ``(f) Special Rules.--An emergency financial aid grant awarded to a 
student under this section--
            ``(1) shall not be treated as other financial assistance 
        for the purposes of section 471;
            ``(2) shall not be considered--
                    ``(A) in determining the amount of aid for which 
                the student is eligible under this title for any 
                succeeding academic year; and
                    ``(B) in determining eligibility for other public 
                benefits for any succeeding academic year; and
            ``(3) shall not be included in the gross income of such 
        student for purposes of the Internal Revenue Code of 1986.
    ``(g) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means an 
        institution of higher education.
            ``(2) Eligible student.--The term `eligible student' means 
        any student who is enrolled in an eligible entity.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 or 102(c).
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2021 through 2026.''.
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