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H.R. 10612IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 10612

Data sharing to inform students of benefit programs

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(a) In general Section 483(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1090(c)(3)) is amended to read as follows: (3) Data-sharing agreements for benefit programs (A) In general The Secretary shall enter into and maintain data sharing agreements that meet the requirements of subparagraph (B) with each appropriate Federal or State agency that handles applications for federally funded benefit programs described in subsection (a)(2)(B)(ii)(XVII) to— (i) identify applicants who are potentially eligible for one or more of such federally funded benefit programs; (ii) in the case of applicants identified under clause (i) who have not received benefits under a federally funded benefit program during the most recent 2 years— (I) notify such applicants they may enroll in such program; and (II) provide information on the eligibility requirements for such program; (iii) in the case of applicants identified under clause (i) who have received benefits under a federally funded benefit program during the most recent 2 years, notify such applicants of the requirements to renew, reenroll, or maintain enrollment in such a program; (iv) coordinate efforts among institutions of higher education, and each such appropriate Federal or State agency to enroll or maintain enrollment of potentially eligible applicants in such federally funded benefit programs, including prescreening or preliminary determinations of eligibility; and (v) design and update written or electronic communications to potentially eligible applicants and institutions of higher education regarding the benefit programs in accordance with this subparagraph. (B) Confidentiality of student information Any person who receives information provided through a data sharing agreement under subparagraph (A) shall— (i) shall use the information only for the purposes of, and to the extent necessary in, carrying out the requirements of clauses (i) through (v) of subparagraph (A); and (ii) may not disclose the information for any other purpose (such as the conduct of criminal or civil investigations, proceedings, or prosecutions).. (b) Federally funded benefit programs Section 483(a)(2)(B)(ii)(XVII) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(2)(B)(ii)(XVII)) is amended— (1) by striking received any of the following means-tested Federal benefits and inserting received benefits under any of the following federally funded benefit programs; and (2) by striking items (aa) through (jj) and inserting the following: (aa) 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. (bb) The supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (cc) 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.). (dd) 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). (ee) The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (ff) 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)). (gg) Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) and the Child Care Access Means Parents in School Program under section 419N. (hh) 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.). (ii) Refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986. (jj) The Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986. (kk) The Child Tax Credit under section 24 of the Internal Revenue Code of 1986. (ll) Education tax benefits described in paragraphs (1) and (2) of section 25A(a) of the Internal Revenue Code of 1986. (mm) Any other federally funded benefit program that supports the basic needs of students determined by the Secretary, in consultation with each appropriate State or Federal agency that handles applications for such federally funded benefit program.. (c) Information To be supplied by the Secretary of Education Section 483(a)(3)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(3)(A)(iv)) is amended to read as follows: (iv) A notification of the federally funded benefit programs described in paragraph (2)(B)(ii)(XVII) for which the applicant may be eligible, including relevant links and information on how to apply for, renew, or maintain eligibility for such programs, in accordance with the data sharing agreements specified in subsection (c)(3).. (d) 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 by adding at the end the following: (e) Information on federally funded benefit programs To support basic needs (1) In general Upon receiving an application under this section from an applicant whom the Secretary determines (in accordance with paragraph (2)) may be eligible for a federally funded benefit program described in subsection (a)(2)(B)(ii)(XVII), the Secretary shall send to such applicant, in written and electronic form, information on, and the application for, each such federally funded benefit program for which the applicant may be so eligible (including a brief description of the appropriate resources or methods to apply for each such benefit program). (2) Determination requirements In determining whether an applicant may be eligible for a federally funded benefit program pursuant to paragraph (1), the Secretary shall make such determination solely on the basis of the information submitted on the application described by subsection (a), and available through the data sharing agreements under subsection (c)(3), and without regard to enrollment intensity, income, work, or community participation requirements that may be needed to formally determine eligibility for such a program.. (e) Further information on federally funded programs To support basic needs Section 483(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(2)) is amended— (1) by amending subparagraph (D)(ii) to read as follows: (ii) Authorization to disclose to benefits programs An applicant and, if necessary, the parents or spouse of the applicant shall be provided, concurrently with the provision of the authorization described in clause (i), the opportunity to authorize the disclosure to each appropriate Federal or State agency that handles applications for federally funded benefit programs described in subparagraph (B)(ii)(XVII) all information provided by the applicant on the application described by this subsection, as well as such applicant’s student aid index, scheduled Federal Pell Grant award, or receipt of other Federal financial aid, to assist in identification, outreach, and application efforts for such federally funded benefits programs.; and (2) in subparagraph (E), by amending clause (ii) to read as follows: (ii) an authorization under subparagraph (D), the Secretary shall, as soon as practicable, disclose the information described under such subparagraph— (I) in the case of an authorization under subparagraph (D)(i), to each entity specified by the applicant, in order for the applicant’s eligibility for Federal, State, or institutional student financial aid programs to be estimated or determined; and (II) in the case of an authorization under subparagraph (D)(ii), to each appropriate State or Federal agency that handles applications for federally funded benefit programs described in subparagraph (B)(ii)(XVII) in order for the applicant’s eligibility for such federally funded benefit programs to be estimated or determined; or.

Sec. 3: Data sharing to inform students of benefit programs · Public Law Tracker