[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3794 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3794

  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

               March 10 (legislative day, March 7), 2022

 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.

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

                ``PART F--EMERGENCY FINANCIAL AID GRANTS

``SEC. 791. 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 
        (including such institutions that are eligible for priority 
        under this section) and systems of higher education to provide 
        such institutions and systems 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 a student's eligibility for 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;
                    ``(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 
                means-tested Federal benefit programs, including--
                            ``(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.), 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 3(c) of the Act 
                        entitled `An Act to authorize appropriations 
                        for certain insular areas of the United States, 
                        and for other purposes' (Public Law 95-348);
                            ``(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) the 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));
                            ``(viii) the refundable credit for coverage 
                        under a qualified health plan under section 36B 
                        of the Internal Revenue Code of 1986;
                            ``(ix) the Earned Income Tax Credit under 
                        section 32 of the Internal Revenue Code of 
                        1986; or
                            ``(x) 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, which shall include an opportunity to 
                        apply online, and at least 1 opportunity to 
                        appeal a grant denial;
                            ``(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;
                            ``(iii) how the eligible entity will 
                        advertise emergency grants to eligible 
                        students; and
                            ``(iv) how quickly the eligible entity will 
                        disburse emergency aid grants to students after 
                        applications have been submitted;
                    ``(F) an assurance that the eligible entity will 
                acknowledge receipt of a student's application and fund 
                approved applications not later than 10 business days 
                after the date of the approval;
                    ``(G) an assurance that the eligible entity will 
                conduct outreach to students to inform them of the 
                availability of, and process for applying for, 
                emergency aid grants;
                    ``(H) a description of how the eligible entity will 
                prioritize eligible students with financial need in 
                awarding 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;
                    ``(B) an eligible entity that is an institution of 
                higher education described in section 371(a);
                    ``(C) an eligible entity that is considered rural 
                according to the National Center for Education 
                Statistics for purposes of the Integrated Postsecondary 
                Data System;
                    ``(D) an eligible entity in which not less than 33 
                percent of the students enrolled at such eligible 
                entity are eligible to receive a Federal Pell Grant; or
                    ``(E) an eligible entity that--
                            ``(i) has an admissions rate that is 50 
                        percent or higher and is under-resourced; or
                            ``(ii) is an eligible institution as 
                        defined in section 312(b).
    ``(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.--The report under paragraph (1) 
        shall include, at minimum, the following:
                    ``(A) 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 subparagraph (B).
                    ``(B) 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.
                    ``(C) 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 subparagraph (B) 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.
                    ``(D) The types of emergencies declared and 
                frequencies of emergencies declared by eligible 
                students.
                    ``(E) 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 
                subparagraph (B) who applied for an emergency financial 
                aid grant.
                    ``(F) The number of students who were denied such a 
                grant.
                    ``(G) The number of students who appealed a denial 
                of such grant.
                    ``(H) 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.
                    ``(I) A description and amount of any institutional 
                funds used to supplement emergency financial aid grants 
                provided in accordance with this section.
                    ``(J) Outcomes of the eligible students who 
                received such a grant, including rates of persistence, 
                retention, and completion.
                    ``(K) 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 estimated financial 
        assistance or other financial assistance for the purposes of 
        section 471 or section 480;
            ``(2) shall not be considered--
                    ``(A) income or assets (including untaxed income 
                and benefits under section 480(b)) in the computation 
                of a student's expected family contribution or student 
                aid index in determining the amount of aid for which 
                the student is eligible under title IV for any academic 
                year; and
                    ``(B) in determining eligibility for other public 
                benefits; and
            ``(3) shall not be included in the gross income of such 
        student for purposes of the Internal Revenue Code of 1986.
    ``(g) Eligibility for Benefits.--No individual shall be determined 
to be ineligible to receive benefits provided under this section on the 
basis of citizenship, alienage, or immigration status.
    ``(h) Definitions.--In this section:
            ``(1) Community college.--The term `community college' 
        means--
                    ``(A) a degree-granting public institution of 
                higher education (as defined in section 101) at which--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree;
                    ``(B) a 2-year Tribal College or University (as 
                defined in section 316(b)(3));
                    ``(C) a degree-granting Tribal College or 
                University (as defined in section 316(b)(3)) at which--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree; or
                    ``(D) a branch campus of a 4-year public 
                institution of higher education (as defined in section 
                101), if, at such branch campus--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree.
            ``(2) Eligible entity.--The term `eligible entity' means an 
        institution of higher education.
            ``(3) Eligible student.--The term `eligible student' means 
        any student who is enrolled in an eligible entity.
            ``(4) Institution of higher education.--Notwithstanding any 
        other provision of this Act, the term `institution of higher 
        education' has the meaning given the term in section 101 or 
        102(c).
    ``(i) 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 2022 through 2027.''.
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