118 S5091 IS: Basic Assistance for Students In College Act
U.S. Senate
2024-09-18
text/xml
EN
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II
118th CONGRESS
2d Session
S. 5091
IN THE SENATE OF THE UNITED STATES
September 18, 2024
Mr. Padilla (for himself, Mr. Blumenthal, Mr. Booker, Mr. Durbin, Ms. Hirono, Mr. Markey, Mr. Van Hollen, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To provide for the basic needs of students at institutions of higher education.
1.

Short title
This Act may be cited as the “Basic Assistance for Students In College Act” or the “BASIC Act”.
2.

Data sharing
(a)

Agreements
The Secretary of Education, in coordination with the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, shall maintain agreements—
(1)
to securely share data among the respective Federal agencies of such Secretaries in order to identify students who have applied for Federal financial aid and who are enrolled at institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) who may be eligible for federally funded programs to support basic needs through—
(A)
the supplemental nutrition assistance program established 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 nutrition assistance program carried out by the Secretary of Agriculture in the Northern Mariana Islands;
(B)
the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
(C)
the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(D)
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);
(E)
the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
(F)
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));
(G)
Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and the Child Care Access Means Parents in School Program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e);
(H)
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.);
(I)
refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986;
(J)
the Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986;
(K)
the Child Tax Credit under section 24 of the Internal Revenue Code of 1986; or
(L)
any other federally funded program determined by the Secretary to be appropriate; and
(2)
to coordinate efforts to provide assistance to institutions of higher education to facilitate the enrollment of eligible students in the programs described in paragraph (1).
(b)

Information on federally funded programs To support basic needs
(1)

In general
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:
“(e)

Information on federally funded programs To support basic needs
(1)

Definitions
In this subsection:
(A)

Benefit program
The term benefit program means a program described in any of subparagraphs (A) through (L) of section 201(a)(1) of the Basic Assistance for Students In College Act.
(B)

Eligible student
The term eligible student means any student who, as a result of information submitted on the application for Federal student financial aid, has been determined by the Secretary (in consultation with the heads of applicable Federal agencies) to be potentially eligible for a benefit program.
(2)

Provision of information
For each year for which an eligible student submits an application for Federal student financial aid, the Secretary shall send, in written and electronic form, to the eligible student information regarding potential eligibility for assistance under, and application process for, benefit programs.
(3)

Inclusion
The information provided under paragraph (2) shall include a description of the appropriate State or Federal resources to which to apply for each benefit program.”.
(2)

Consultation
The Secretary of Education shall consult with the Secretary of Agriculture, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the benefit programs (as defined in subsection (e)(1) of section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)).
(c)

Further information on federally funded programs To support basic needs
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)) is amended—
(1)
in subsection (a)(2)(E)—
(A)
in clause (i), by striking “and” after the semicolon;
(B)
in clause (ii), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(iii)
an authorization under subparagraph (D) and disclosing the information as described in clause (ii), the Secretary shall provide the applicant with notification of the appropriate Federal or State resources necessary to apply for Federal and State programs that support basic needs.”; and
(2)
in subsection (c)(3)—
(A)
by striking “may enter” and inserting “shall enter”; and
(B)
by inserting “, and shall consult with the heads of applicable Federal agencies in designing the written and electronic communication regarding potential eligibility for assistance under such programs” after “may be eligible”.
(d)

Report
The Secretary of Education, in coordination with the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, shall prepare and submit to Congress a report that presents summary statistics on students who have applied for Federal financial aid and who are enrolled at institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) and are experiencing student food insecurity and housing insecurity, disaggregated by race and ethnicity, income quintile, status as a first generation college student, Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), and other subgroups, as determined by such heads of agencies.
3.

Grants to support the basic needs of students
Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following:
“BB

Grants to support the basic needs of students
899.

Grants to support the basic needs of students
(a)

Definitions
In this section:
(1)

Basic needs
The term basic needs, with respect to a student, means the physiological and safety necessities that are central conditions for the student to learn, including—
(A)
nutritious and sufficient food;
(B)
safe, secure, and adequate housing (including to sleep, to study, to cook, and to shower);
(C)
health care to promote sustained mental and physical well-being;
(D)
high-quality and affordable childcare;
(E)
affordable technology and internet access;
(F)
accessible transportation;
(G)
personal hygiene and clothing; and
(H)
other costs described in paragraphs (2) through (14) of section 472(a).
(2)

Community college
(A)

In general
The term community college means—
(i)
a public institution of higher education at which—
(I)
the highest degree awarded is an associate degree; or
(II)
an associate degree is the most frequently awarded degree, including a 2-year Tribal College or University (as defined in section 316);
(ii)
a public postsecondary vocational institution (as defined in section 102(c)); or
(iii)
at the designation of the Secretary, in the case of a State in which there is no community college operated or controlled by the State that meets a definition under clause (i) or (ii), a college or similarly defined and structured academic entity—
(I)
that was in existence on July 1, 2023;
(II)
within a public 4-year institution of higher education; and
(III)
at which—
- (aa)
the highest degree awarded is an associate degree; or
- (bb)
an associate degree is the most frequently awarded degree.
(3)

Eligible institution
The term eligible institution means an institution of higher education (as defined in section 101 or 102(a)(1)(B)).
(b)

Planning grants
(1)

In general
The Secretary shall award planning grants, on a competitive basis, to eligible institutions to enable the eligible institutions to conduct research and planning in accordance with paragraph (2)—
(A)
to reduce incidences of—
(i)
student food insecurity;
(ii)
student housing insecurity; and
(iii)
students experiencing homelessness; and
(B)
to meet other basic needs of students.
(2)

Activities
An eligible institution receiving a grant under this subsection shall use grant funds to carry out the following activities:
(A)
Establish a basic needs steering committee that will be—
(i)
responsible for developing and approving the basic needs strategy described in subparagraph (C); and
(ii)
comprised of relevant campus stakeholders, such as—
(I)
students who have experienced challenges in meeting basic needs;
(II)
student government representatives;
(III)
staff of the eligible institution representing the areas of student financial aid, housing, dining, student affairs, academic advising, equity support services, accessibility services, campus security, legal services, and health and well-being services (including counseling or psychological services);
(IV)
faculty;
(V)
relevant administrators, including local human services administrators;
(VI)
community-based and other nonprofit organizations; and
(VII)
representatives from local governmental agencies.
(B)
Conduct research regarding—
(i)
the level of unmet basic needs at the eligible institution, disaggregated by race and ethnicity, income quintile, status as a first generation college student (as defined in section 402A(h)), Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), or other subgroup as determined by the eligible institution;
(ii)
the presence of institutional barriers (such as award displacement) and current institutional interventions to address basic needs insecurity;
(iii)
the presence of administrative barriers for students in applying, certifying eligibility, and renewing applications for means-tested benefits, and interventions to address such barriers;
(iv)
(I)
the resources and activities available to address basic needs of students, both on campus and off campus, as of the date of the research; and
(II)
the impact of such resources and activities; and
(v)
opportunities for coordination and collaboration between the eligible institution and government or community-based organizations, such as—
(I)
the local office that administers benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) and carries out employment and training programs under that Act, or the temporary assistance for needy families program and subsidized programs that meet the work requirements under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(II)
organizations that participate in the Federal work-study program under part C of title IV; or
(III)
low-income housing assistance organizations, including such organizations assisting with 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) of that Act (42 U.S.C. 1437a(b))).
(C)
Develop a basic needs strategy that describes the means by which the eligible institution will—
(i)
seek to address or meet the basic needs of students through on-campus and off-campus providers; and
(ii)
incorporate the research conducted under subparagraph (B), including with respect to the subgroups identified under clause (i) of that subparagraph, into the basic needs strategy.
(D)
Implement the strategy described in subparagraph (C), including by—
(i)
conducting outreach to encourage students to participate in programs that provide basic needs or reduce basic needs insecurity;
(ii)
educating students about Federal, State, local, and Tribal assistance programs, supporting student applications for those programs, and providing case management and training for students to maximize the assistance that students and their families receive to reduce basic needs insecurity;
(iii)
coordinating and collaborating with Federal, State, local, and Tribal agencies or community-based organizations;
(iv)
hiring and training personnel to build infrastructure and implement programming to reduce basic needs insecurity at the eligible institution; and
(v)
carrying out other matters determined to be appropriate by the Secretary.
(3)

Grant amounts; duration
(A)

Amount
The amount of a grant under this subsection shall be not more than $75,000.
(B)

Duration
A grant under this subsection shall be for a period of not more than 2 years.
(4)

Report
Not later than 60 days after the end of the planning grant period under this subsection, each eligible institution that receives such a grant shall submit to the Secretary a report that describes the outcomes of the planning grant, regardless of whether the eligible institution intends to apply for an implementation grant.
(c)

Implementation grants
(1)

Award
(A)

In general
The Secretary shall award implementation grants, on a competitive basis, to eligible institutions to enable the eligible institutions to develop infrastructure to meet the basic needs of students by—
(i)
implementing—
(I)
a basic needs strategy developed under subsection (b)(2)(C); or
(II)
another existing basic needs plan approved by the Secretary; and
(ii)
carrying out the activities described in paragraph (2).
(B)

Ongoing external funding
To be eligible to receive an implementation grant under this paragraph, an eligible institution shall identify, in the application for the grant, an ongoing non-Federal funding mechanism to support the activities carried out using grant funds after the expiration of the grant period.
(2)

Activities
An eligible institution receiving a grant under this subsection shall use the grant funds to carry out at least 2 of the following activities:
(A)
Providing to eligible students free or subsidized food, secure sleeping arrangements, temporary housing, priority access to existing on-campus child care, and other basic needs.
(B)
Conducting outreach to students to reduce stigma associated with, and educate and encourage students to participate in, programs and services (including programs and services provided through grant funding) to meet basic needs.
(C)
Educating students about public assistance programs (including State and local public assistance programs, the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), Federal housing assistance programs, and other income-based Federal assistance programs), supporting student applications for those programs, and providing case management and training for students to maximize the public assistance that students and their families receive to meet basic needs.
(D)
Coordination and collaboration between the eligible institution and government or community-based organizations, such as the local office that administers benefits through the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or a low-income housing assistance organization.
(E)
Purchasing materials, equipment, transportation, or facilities to reduce incidences of food and housing insecurity and address the basic needs of students at the eligible institution.
(F)
Hiring and training personnel to build and improve basic needs infrastructure and implement programming to provide assistance in applying for, and accessing, direct support services, financial assistance, or means-tested benefits programs to meet the basic needs of students.
(G)
Other activities or services determined to be appropriate by the Secretary.
(3)

Grant amounts; duration
(A)

Amount
The amount of a grant under this subsection shall be not more than $1,000,000 for each 5-year period.
(B)

Duration
A grant under this subsection shall be for a period of 5 years.
(4)

Report
The Secretary shall prepare and submit to Congress a report that describes—
(A)
the impact on eligible students of grants provided under this subsection;
(B)
the obstacles faced by recipients of grants under this subsection;
(C)
successful outcomes of grants under this subsection;
(D)
best practices for the provision of basic services to eligible students; and
(E)
Federal and State policy barriers to meeting the basic needs of students at institutions of higher education.
(5)

Best practices
The Secretary shall disseminate to eligible institutions information about best practices, as described in paragraph (4)(D).
(6)

Evaluation
For the purpose of evaluating the effectiveness of funds awarded under this subsection, the Secretary shall conduct an evaluation of each grant under this subsection to determine the impact on students, including improvements in retention, progression, transfer, attainment, and basic needs security, as applicable.
(d)

Reservation; priority; equitable distribution
(1)

Reservation
In awarding grants under subsections (b) and (c), the Secretary shall reserve—
(A)
an amount equal to not less than 25 percent of the total amount available for grants under those subsections for grant awards to community colleges; and
(B)
an amount equal to not less than 25 percent of the total amount available for grants under those subsections for grant awards to historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions.
(2)

Priority
In awarding grants under subsections (b) and (c), the Secretary shall give priority to the following:
(A)
Eligible institutions with respect to which not fewer than 25 percent of enrolled students are students that are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV.
(B)
Eligible institutions described in section 371(a).
(3)

Equitable distribution
In awarding grants under subsections (b) and (c), the Secretary shall ensure an equitable distribution of grant awards to eligible institutions in States, based on State population.
(e)

Personnel expenses limitations
(1)

Planning grants
An eligible institution that receives a planning grant under subsection (b) may use not more than 50 percent of grant funds for personnel expenses.
(2)

Implementation grants
An eligible institution that receives an implementation grant under subsection (c) may use not more than 75 percent of grant funds for personnel expenses.
(f)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2025 through 2031, of which—
(1)
$40,000,000 is authorized to be appropriated to provide planning grants under subsection (b); and
(2)
$960,000,000 is authorized to be appropriated to provide implementation grants under subsection (c).”.