[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1754 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1754

To amend the Higher Education Act of 1965 to improve the financial aid 
 process for homeless children and youths and foster care children and 
                                 youth.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2013

Mrs. Murray (for herself, Ms. Landrieu, and Ms. Baldwin) 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 improve the financial aid 
 process for homeless children and youths and foster care children and 
                                 youth.

    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 ``Higher Education Access and Success 
for Homeless and Foster Youth Act''.

SEC. 2. DEFINITIONS.

    (a) Independent Student.--Section 480(d) of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv(d)) is amended--
            (1) in paragraph (1)(H)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``during the school year in 
                        which the application is submitted'';
                            (ii) by inserting ``age 23 or younger'' 
                        after ``unaccompanied youth''; and
                            (iii) by striking ``terms are'' and 
                        inserting ``term is'';
                    (B) in clause (i), by inserting ``, or a designee 
                of the liaison'' after ``Act'';
                    (C) in clause (ii), by striking ``a program funded 
                under the Runaway and Homeless Youth Act'' and 
                inserting ``an emergency or transitional shelter, 
                street outreach program, homeless youth drop-in center, 
                or other program serving homeless youth,''; and
                    (D) in clause (iii), by striking ``program funded 
                under subtitle B of title IV of the McKinney-Vento 
                Homeless Assistance Act (relating to emergency shelter 
                grants)'' and inserting ``Federal TRIO program or a 
                Gaining Early Awareness and Readiness for Undergraduate 
                program under chapter 1 or 2 of subpart 2 of part A,''; 
                and
            (2) by adding at the end the following:
            ``(3) Simplifying the determination process for 
        unaccompanied youth.--
                    ``(A) Verification.--A financial aid administrator 
                is not required to verify homelessness determinations 
                made by the individuals authorized to make such 
                determinations under clause (i), (ii), or (iii) of 
                paragraph (1)(H) in the absence of conflicting 
                information. A documented phone call with, or a written 
                statement from, one of the relevant authorities is 
                sufficient verification when needed.
                    ``(B) Determination of independence.--A financial 
                aid administrator shall make a determination of 
                independence under paragraph (1)(H) if a student does 
                not have, and cannot get, documentation from any of the 
                other designated authorities. This determination is 
                based on the definitions outlined in paragraph (1)(H) 
                and is distinct from a determination of independence 
                under paragraph (1)(I). The determination may be based 
                on a documented interview with the student if there is 
                no written documentation available.
                    ``(C) Duration of determination.--A student shall 
                receive a determination under paragraph (1)(H) during 
                the school year in which the student initially submits 
                the application. In subsequent years, the student shall 
                be presumed to be independent unless--
                            ``(i) the student informs the financial aid 
                        office that circumstances have changed; or
                            ``(ii) the financial aid administrator has 
                        specific conflicting information about the 
                        student's independence.''.
    (b) Foster Care Children and Youth.--Section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003) is amended by adding at the end 
the following:
            ``(25) Foster care children and youth.--The term `foster 
        care children and youth'--
                    ``(A) means children and youth whose care and 
                placement is the responsibility of the State or Tribal 
                agency that administers a State plan under part B or E 
                of title IV of the Social Security Act (42 U.S.C. 621 
                et seq. and 670 et seq.), without regard to whether 
                foster care maintenance payments are made under section 
                472 of such Act (42 U.S.C. 672) on behalf of the child; 
                and
                    ``(B) includes individuals whose care and placement 
                was the responsibility of the State or Tribal agency 
                that administers a State plan under part B or E of 
                title IV of the Social Security Act (42 U.S.C. 621 et 
                seq. and 670 et seq.) when they were age 13 or older 
                but are no longer the care and responsibility of the 
                State or tribal agency.''.

SEC. 3. STUDENT LOAN OMBUDSMAN.

    Section 141(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 
1018(f)(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) receive, review, and resolve expeditiously 
                complaints regarding a student's independence under 
                subparagraph (B) or (H) of section 480(d)(1), in 
                consultation with knowledgeable parties, including 
                child welfare agencies, local educational agency 
                liaisons for homeless children and youths designated 
                under subtitle B of title VII of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11431 et seq.) or 
                State Coordinators for Education of Homeless Children 
                and Youths established under such subtitle.''.

SEC. 4. PROGRAM PARTICIPATION AGREEMENTS.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended--
            (1) in paragraph (19), by inserting ``housing facilities,'' 
        after ``libraries,''; and
            (2) by adding at the end the following:
            ``(30) The institution certifies that the institution--
                    ``(A) has designated an appropriate staff person, 
                who may also be a coordinator for other programs, as a 
                single point of contact to assist homeless children and 
                youths (as such term is defined in section 725 of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11434a)) and foster care children and youth in 
                accessing and completing postsecondary education;
                    ``(B) posts public notice about student financial 
                assistance and other assistance available to homeless 
                children and youths and foster care children and youth, 
                including their eligibility as independent students 
                under subparagraphs (B) and (H) of sections 480(d)(1);
                    ``(C) has developed a plan for how homeless 
                children and youths and foster care children and youth 
                can access housing resources during and between 
                academic terms, through means that may include access 
                to on-campus housing during breaks and a list of 
                housing resources in the community that provide short-
                term housing; and
                    ``(D) has included in its application for admission 
                questions (to be answered voluntarily) regarding the 
                applicant's status as a homeless child or youth or 
                foster care child or youth, which the applicant can 
                answer voluntarily for the limited purpose of being 
                provided information about financial aid or any other 
                available assistance.''.

SEC. 5. FEDERAL TRIO PROGRAMS.

    Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11) is amended--
            (1) in subsection (c), by striking the fourth sentence and 
        inserting the following: ``The Secretary shall require each 
        applicant for funds under the programs authorized by this 
        chapter to identify, conduct specific outreach to, and recruit 
        foster care children and youth and homeless children and youths 
        (as such term is defined in section 725 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11434a)), in collaboration 
        with child welfare agencies, homeless shelters, and local 
        educational agency liaisons for homeless children and youths 
        designated under section 722(g)(1)(J)(ii) of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and 
        make available to foster care children and youth and homeless 
        children and youths services under such programs, including 
        mentoring, tutoring, and other services provided by such 
        programs.''; and
            (2) in subsection (f)(3)--
                    (A) in subparagraph (A)(i), by inserting ``and to 
                homeless children and youths and foster care children 
                and youth'' after ``by the program'';
                    (B) in subparagraph (B)(i), by inserting ``and to 
                homeless children and youths and foster care children 
                and youth'' after ``by the program'';
                    (C) in subparagraph (C)(iii), by inserting ``and to 
                homeless children and youths and foster care children 
                and youth'' after ``total number of students''; and
                    (D) in subparagraph (E)(iii), by inserting ``and to 
                homeless children and youths and foster care children 
                and youth'' after ``by the program''.

SEC. 6. TALENT SEARCH.

    Section 402B(d) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-12(d)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) require that the project collect and submit to the 
        Secretary data on the number of homeless children and youths 
        and foster care children and youth served;
            ``(6) require that the project review and revise policies 
        and practices to remove barriers to the participation and 
        retention of homeless children and youths and foster care 
        children and youth, including policies to allow immediate 
        participation even if the child or youth is unaccompanied by a 
        parent or guardian or is unable to produce records normally 
        required for enrollment, such as previous academic records, 
        medical records, proof of residency, or other documentation, 
        and other policies consistent with the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11301 et seq.);
            ``(7) require that the project submit a description of the 
        activities that will be undertaken to outreach to homeless 
        children and youths and foster care children and youth; and
            ``(8) require that the project submit a description of any 
        strategies or program enhancements that were used that were 
        effective in meeting the needs of homeless children and youths 
        and foster care children and youth.''.

SEC. 7. UPWARD BOUND.

    Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-13(e)) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) require that the project collect and submit to the 
        Secretary data on the number of homeless children and youths 
        and foster care children and youth served;
            ``(7) require that the project review and revise policies 
        and practices to remove barriers to the participation and 
        retention of homeless children and youths and foster care 
        children and youth, including policies to allow immediate 
        participation even if the child or youth is unaccompanied by a 
        parent or guardian or is unable to produce records normally 
        required for enrollment, such as previous academic records, 
        medical records, proof of residency, or other documentation, 
        and other policies consistent with the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11301 et seq.);
            ``(8) require that the project submit a description of the 
        activities that will be undertaken to outreach to homeless 
        children and youths and foster care children and youth; and
            ``(9) require that the project submit a description of any 
        strategies or program enhancements that were used that were 
        effective in meeting the needs of homeless children and youths 
        and foster care children and youth.''.

SEC. 8. STUDENT SUPPORT SERVICES.

    Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-14(e)) is amended--
            (1) in paragraph (5), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (6)(B), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) require that the project collect and submit to the 
        Secretary data on the number of homeless children and youths 
        and foster care children and youth served;
            ``(8) require that the project review and revise policies 
        and practices to remove barriers to the participation and 
        retention of homeless children and youths and foster care 
        children and youth, including policies to allow immediate 
        participation even if the child or youth is unaccompanied by a 
        parent or guardian or is unable to produce records normally 
        required for enrollment, such as previous academic records, 
        medical records, proof of residency, or other documentation;
            ``(9) require that the project submit a description of the 
        activities that will be undertaken to outreach to homeless 
        children and youths and foster care children and youth; and
            ``(10) require that the project submit a description of any 
        strategies or program enhancements that were used that were 
        effective in meeting the needs of homeless children and youths 
        and foster care children and youth.''.

SEC. 9. EDUCATIONAL OPPORTUNITY CENTERS.

    Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-16(c)) is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) require that the project collect and submit to the 
        Secretary data on the number of homeless children and youths 
        and foster care children and youth served;
            ``(5) require that the project review and revise policies 
        and practices to remove barriers to the participation and 
        retention of homeless children and youths and foster care 
        children and youth, including policies to allow immediate 
        participation even if the child or youth is unaccompanied by a 
        parent or guardian or is unable to produce records normally 
        required for enrollment, such as previous academic records, 
        medical records, proof of residency, or other documentation, 
        and other policies consistent with the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11301 et seq.);
            ``(6) require that the project submit a description of the 
        activities that will be undertaken to outreach to homeless 
        children and youths and foster care children and youth; and
            ``(7) require that the project submit a description of any 
        strategies or program enhancements that were used that were 
        effective in meeting the needs of homeless children and youths 
        and foster care children and youth.''.

SEC. 10. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE 
              PROGRAMS.

    Section 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-23(a)(2))--
            (1) in subparagraph (I), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) describe how the eligible entity will 
                facilitate the participation of foster care children 
                and youth and homeless children and youths (as such 
                term is defined in section 725 of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11434a)), 
                including--
                            ``(i) how the entity will identify foster 
                        care children and youth and homeless children 
                        and youths, in collaboration with child welfare 
                        agencies, homeless shelters, and local 
                        educational agency liaisons for homeless 
                        children and youths designated under section 
                        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));
                            ``(ii) how the entity will collect and 
                        submit to the Secretary data on the number of 
                        homeless children and youths and foster care 
                        children and youth served; and
                            ``(iii) the policies and practices the 
                        entity will adopt to remove barriers to the 
                        participation of homeless children and youths 
                        and foster care children and youth, including 
                        policies to facilitate continued participation 
                        despite changes in residence resulting from 
                        homelessness or foster care placement and 
                        policies consistent with the McKinney-Vento 
                        Homeless Assistance Act (42 U.S.C. 11301 et 
                        seq.).''.

SEC. 11. IN-STATE TUITION RATES FOR HOMELESS CHILDREN OR YOUTHS AND 
              FOSTER CARE CHILDREN AND YOUTH.

    Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) 
is amended--
            (1) in the section heading, by inserting ``, and homeless 
        children and youths and foster care children and youth'' after 
        ``children'';
            (2) in subsection (a)--
                    (A) by striking ``(a) Requirement.--In the case'' 
                and inserting the following:
    ``(a) Requirement.--
            ``(1) Armed forces.--In the case''; and
                    (B) by adding at the end the following:
            ``(2) Homeless children or youths and foster care children 
        or youth.--In the case of a homeless child or youth or a foster 
        care child or youth, such State shall not charge such 
        individual tuition for attendance at a public institution of 
        higher education in the State at a rate that is greater than 
        the rate charged for residents of the State.''; and
            (3) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Effective Date.--
            ``(1) Armed forces.--With respect to an individual 
        described in subsection (a)(1), this section shall take effect 
        at each public institution of higher education in a State that 
        receives assistance under this Act for the first period of 
        enrollment at such institution that begins after July 1, 2009.
            ``(2) Homeless children or youths and foster care children 
        or youth.--With respect to an individual described in 
        subsection (a)(2), this section shall take effect at each 
        public institution of higher education in a State that receives 
        assistance under this Act for the first period of enrollment at 
        such institution that begins after July 1, 2015.
    ``(d) Definitions.--In this section:
            ``(1) Armed forces.--The terms `armed forces' and `active 
        duty for a period of more than 30 days' have the meanings given 
        those terms in section 101 of title 10, United States Code.
            ``(2) Homeless children and youths.--The term `homeless 
        children and youths' has the meaning given the term in section 
        725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a).''.

SEC. 12. GRANT FOR FEDERAL WORK-STUDY PROGRAMS.

    Section 443(b)(6) of the Higher Education Act of 1965 (42 U.S.C. 
2753(b)(6)) is amended by inserting ``, and to prioritize employment 
for students who are currently or formerly homeless children and youths 
or foster care children and youth'' after ``thereof''.

SEC. 13. EXCLUDABLE INCOME.

    Section 480(e) of the Higher Education Act of 1965 (20 U.S.C. 
1087vv(e)) is amended by striking paragraph (5) and inserting the 
following:
            ``(5) payments made and services provided under part E of 
        title IV of the Social Security Act, including the value of 
        vouchers for education and training made available under 
        section 477 of such Act, and any payments made directly to the 
        youth as part of an extended foster care program pursuant to 
        such part E; and''.

SEC. 14. GAO REPORT ON EDUCATIONAL ATTAINMENT OF HOMELESS CHILDREN AND 
              YOUTHS AND FOSTER CARE CHILDREN AND YOUTH.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit a report on the educational attainment of youth who are or 
have been homeless, including those who are or have been unaccompanied 
homeless youth, and foster care youth to the appropriate committees of 
Congress.
    (b) Content.--The report described in subsection (a) shall review 
and assess enrollment and completion data for both accompanied and 
unaccompanied homeless youth and foster care youth, including the 
following:
            (1) The percentage of such youth attending an institution 
        of higher education.
            (2) The percentage of such youth graduating from an 
        institution of higher education.
            (3) The average length of time taken to obtain an 
        associate's or bachelor's degree.
            (4) The percentage of such youth attending--
                    (A) a public institution of higher education;
                    (B) a private institution of higher education;
                    (C) a community college; and
                    (D) a 4-year institution of higher education.
            (5) Reasons why such youth choose not to pursue a higher 
        education.
            (6) The availability of public and private tuition 
        assistance specifically for such youth and the awareness among 
        such youth of such programs.
            (7) The availability of other public or private programs 
        designed to encourage and support enrollment in, and completion 
        of, higher education for such youth.
            (8) Ways in which the Department of Education might 
        increase the educational attainment rates of such youth.
                                 <all>