Title: BASIC Act
Policy area: Education

Summary:
Basic Assistance for Students In College Act or the BASIC Act
This bill directs the Department of Education (ED) to award planning and implementation grants to institutions of higher education in order to identify and meet the basic needs of students, including food, housing, transportation, and health care. ED must also implement an agreement to (1) share data with other federal agencies in order to identify students who may be eligible for certain federal benefits; and (2) coordinate efforts to enroll those students in federal benefits programs, including Medicaid and the Supplemental Nutrition Assistance Program.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3857 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3857

 To provide for the basic needs of students at institutions of higher 
                               education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2021

  Mrs. Torres of California introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To provide for the basic needs of students at institutions of higher 
                               education.

    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 ``Basic Assistance for Students In 
College Act'' or the ``BASIC Act''.

SEC. 2. DATA SHARING.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Education, in coordination with the 
Secretary of Agriculture, the Secretary of Housing and Urban 
Development, and the Secretary of Health and Human Services, shall 
develop and implement an agreement to--
            (1) securely share data among the respective Federal 
        agencies of such Secretaries in order to, notwithstanding 
        section 483(a)(3)(E) of the Higher Education Act of 1965 (20 
        U.S.C. 1090(a)(3)(E)) and section 444 of the General Education 
        Provisions Act (commonly known as the ``Family Educational 
        Rights and Privacy Act of 1974''), identify students described 
        in subsection (b) 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) the 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) coordinate efforts to provide assistance to 
        institutions of higher education to facilitate the enrollment 
        of eligible students in the programs listed in paragraph (1).
    (b) Covered Students.--Students described in this subsection are 
students who--
            (1) have applied for Federal financial aid;
            (2) are enrolled at institutions of higher education (as 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002)), including full-time and part-time students; and
            (3) have not opted out of the information sharing under 
        this section through the process described in subsection (c) or 
        any other process established by the Secretary of Education.
    (c) Inclusion on FAFSA.--
            (1) In general.--Students and borrowers, through the Free 
        Application for Federal Student Aid under section 483 of the 
        Higher Education Act of 1965 (20 U.S.C. 1090), may authorize 
        the Secretary of Education to disclose to the Federal agencies 
        described in subsection (a)(1) information provided by the 
        applicant on the application described by this subsection, as 
        well as such applicant's student aid index and scheduled 
        Federal Pell Grant award, to assist in identification, outreach 
        and application efforts for the application, award, and 
        administration of such means-tested Federal benefits programs, 
        except such information shall not include Federal tax 
        information as specified in section 6103(l)(13)(C) of the 
        Internal Revenue Code of 1986.
            (2) Opt-out.--The Secretary shall provide an opportunity 
        for students and borrowers to opt out of the authorization 
        described in paragraph (1).

SEC. 3. GRANTS TO SUPPORT THE BASIC NEEDS OF STUDENTS.

    Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a) is 
amended by adding at the end the following:

        ``PART BB--GRANTS TO SUPPORT THE BASIC NEEDS OF STUDENTS

``SEC. 899. GRANTS TO SUPPORT THE BASIC NEEDS OF STUDENTS.

    ``(a) Definitions.--In this section:
            ``(1) Basic needs.--The term `basic needs' means the needs 
        of students that support their success while enrolled at an 
        eligible institution, including needs such as--
                    ``(A) food;
                    ``(B) housing;
                    ``(C) transportation;
                    ``(D) child care;
                    ``(E) health care; and
                    ``(F) technology.
            ``(2) Community college.--The term `community college' 
        means a public institution of higher education at which the 
        highest degree that is predominantly awarded to students is an 
        associate degree, including a 2-year Tribal Colleges or 
        University, as defined in section 316.
            ``(3) Eligible institution.--The term `eligible 
        institution' means an institution of higher education (as 
        defined in section 102) that participates in programs under 
        title IV.
    ``(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 to reduce incidences of student food insecurity, 
        housing insecurity, and homelessness and to meet other basic 
        needs of students, by carrying out the activities described in 
        paragraph (2).
            ``(2) Activities.--An eligible institution receiving a 
        grant under this subsection shall use grant funds to carry out 
        the following:
                    ``(A) Establish a basic needs steering committee 
                that will be responsible for creating and approving the 
                basic needs strategy described in subparagraph (C), and 
                that will be comprised of relevant campus stakeholders, 
                such as--
                            ``(i) students who have experienced 
                        challenges in meeting basic needs;
                            ``(ii) student government representatives;
                            ``(iii) institutional staff representing 
                        the areas of student financial aid, housing, 
                        dining, student affairs, academic advising, 
                        equity support services, accessibility 
                        services, and well-being services (including 
                        counseling or psychological services);
                            ``(iv) faculty;
                            ``(v) relevant administrators, including 
                        local human services administrators;
                            ``(vi) community-based organizations; and
                            ``(vii) representatives from local 
                        governmental agencies.
                    ``(B) Conduct research regarding--
                            ``(i) the level of unmet basic needs at the 
                        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 institution;
                            ``(ii) the presence of institutional 
                        barriers (such as award displacement) and 
                        current institutional interventions to address 
                        basic needs insecurity;
                            ``(iii)(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
                            ``(iv) opportunities for coordination and 
                        collaboration between the 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 (TANF) 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 
                                those 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)(1) of such 
                                Act (42 U.S.C. 1437a(b)(1)).
                    ``(C) Create a basic needs strategy that describes 
                how the 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 
                        subparagraph (B), into the basic needs 
                        strategy.
            ``(3) Grant amounts; duration.--
                    ``(A) Amount.--A grant under this subsection shall 
                be in an amount not to exceed $50,000.
                    ``(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 a report to 
        the Secretary describing the outcomes of the planning grant, 
        regardless of whether the eligible institution intends to apply 
        for an implementation grant.
    ``(c) Implementation Grants.--
            ``(1) In general.--
                    ``(A) Authorization of award.--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 implementing a basic needs 
                strategy developed through a grant award under 
                subsection (b) or another existing basic needs plan 
                approved by the Secretary, and carrying out the 
                activities described in paragraph (2).
                    ``(B) Ongoing external funding.--In order to be 
                eligible to receive an implementation grant under this 
                subsection, an eligible institution shall identify, in 
                the application for such grant, an ongoing non-Federal 
                funding mechanism to support the activities carried out 
                with grant funds after the grant period has expired.
            ``(2) Activities.--An eligible institution receiving a 
        grant under this subsection shall use the grant funds to carry 
        out at least two of the following:
                    ``(A) Providing free or subsidized food, secure 
                sleeping arrangements, temporary housing, priority 
                access to existing on-campus child care, and other 
                basic needs to eligible students.
                    ``(B) Conducting outreach to students to reduce 
                stigma, educate, and encourage students to participate 
                in programs and receive 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, and 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 students' applications for those 
                programs, and providing case management and training 
                for students to maximize the public assistance that 
                students 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 basic 
                needs infrastructure and implement programming to meet 
                the basic needs of students at the eligible 
                institution.
                    ``(G) Other activities or services determined 
                appropriate by the Secretary.
            ``(3) Grant amounts; duration.--
                    ``(A) Amount.--A grant under this subsection shall 
                be in an amount not to exceed $1,000,000 total 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 of the grant under this subsection 
                on eligible students;
                    ``(B) best practices for the provision of basic 
                services to eligible students;
                    ``(C) the obstacles faced by grant recipients; and
                    ``(D) State or Federal 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)(B).
    ``(d) Reservation; Priority; Equitable Distribution.--
            ``(1) Reservation.--In awarding grants under subsections 
        (b) and (c), the Secretary shall reserve 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.
            ``(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 less 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 that are 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) Limitation.--An eligible institution receiving a grant 
under--
            ``(1) subsection (b) shall not use more than 50 percent of 
        grant funds for personnel expenses; and
            ``(2) subsection (c) shall not use more than 75 percent of 
        grant funds for personnel expenses.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000,000 for fiscal years 
2022 through 2028, of which--
            ``(1) $40,000,000 are authorized to be appropriated to 
        carry out planning grants under subsection (b); and
            ``(2) $960,000,000 are authorized to be appropriated to 
        carry out implementation grants under subsection (c).''.
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