[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2267 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2267

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 10, 2015

   Mrs. Murray (for herself, Mr. Casey, Ms. Hirono, Ms. Baldwin, Mr. 
  Booker, Mr. Kaine, and Mr. Franken) 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 
                shall accept a homelessness determination made by any 
                individual 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 
                authorized individuals is sufficient verification when 
                needed. For purposes of this paragraph, a financial aid 
                administrator's disagreement with the determination 
                made by an authorized individual shall not be 
                considered conflicting information.
                    ``(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 described in such 
                paragraph. 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. A financial aid 
                administrator shall limit such determination to whether 
                the student meets the definitions in paragraph (1)(H) 
                and shall not inquire about the reasons for the 
                student's homelessness.
                    ``(C) Timing; use of earlier determination.--
                            ``(i) Timing.--A determination under 
                        paragraph (1)(H) for a student--
                                    ``(I) shall be made as quickly as 
                                practicable;
                                    ``(II) may be made as early as the 
                                year before the award year for which 
                                the student initially submits an 
                                application; and
                                    ``(III) shall be made no later than 
                                during the award year for which the 
                                student initially submits an 
                                application.
                            ``(ii) Use of earlier determination.--Any 
                        student who is determined to be independent 
                        under paragraph (1)(H) for a preceding award 
                        year at an institution shall be presumed to be 
                        independent for a subsequent award year at the 
                        same institution unless--
                                    ``(I) the student informs the 
                                institution that circumstances have 
                                changed; or
                                    ``(II) the institution has specific 
                                conflicting information about the 
                                student's independence, and has 
                                informed the student of this 
                                information and the opportunity to 
                                challenge such information through a 
                                documented interview or an impartial 
                                review by the Student Loan Ombudsman 
                                pursuant to section 141(f)(3)(C).''.
    (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 are the responsibility of the State or Tribal 
                agency that administers a State or Tribal 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 
                such children and youth; and
                    ``(B) includes individuals who were age 13 or older 
                when their care and placement were the responsibility 
                of a State or Tribal agency that administered a State 
                or Tribal 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.) and who are no longer under the care and 
                responsibility of such a State or tribal agency, 
                without regard to any such individual's subsequent 
                adoption, guardianship arrangement, or other form of 
                permanency outcome.''.

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 section 722(g)(1)(J)(ii) of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), 
                or State Coordinators for Education of Homeless 
                Children and Youths established in accordance with 
                section 722 of such Act (42 U.S.C. 11432).''.

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)--
                    (A) by striking ``The institution will not'' and 
                inserting the following: ``The institution--
                    ``(A) will not'';
                    (B) inserting ``housing facilities,'' after 
                ``libraries,'';
                    (C) by striking ``institution.'' and inserting 
                ``institution; and''; and
                    (D) by adding at the end the following:
                    ``(B) will provide a means for students to access 
                institutionally owned or operated housing if a student 
                is temporarily unable to meet financial obligations 
                related to housing, including deposits, due to delayed 
                disbursement of vouchers for education and training 
                made available under section 677 of part E of title IV 
                of the Social Security Act or delays attributable to 
                the institution.'';
            (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) gives priority for any institutionally owned 
                or operated housing facilities, including student 
                housing facilities that remain open for occupation 
                during school breaks or on a year-round basis, to--
                            ``(i) homeless children and youths (as such 
                        term is defined in section 725 of the McKinney-
                        Vento Homeless Assistance Act (42 U.S.C. 
                        11434a);
                            ``(ii) youths who are unaccompanied, at 
                        risk of homelessness, and self-supporting; and
                            ``(iii) foster care children and youth;
                    ``(D) has developed a plan for how homeless 
                children and youths, youths who are unaccompanied, at 
                risk of homelessness, and self-supporting, and foster 
                care children and youth can access housing resources 
                during and between academic terms, through means that 
                may include access to institutionally owned or operated 
                housing during breaks and a list of housing resources 
                in the community that provide short-term housing; and
                    ``(E) 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, that--
                            ``(i) can be answered by the applicant 
                        voluntarily for the limited purpose of being 
                        provided information about financial aid or any 
                        other available assistance; and
                            ``(ii) explain the key terms in the 
                        question in a manner children and youth can 
                        understand in order to self-identify and 
                        declare eligibility as a homeless child or 
                        youth or foster care child or youth.''.

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)(6), by striking the last sentence and 
        inserting the following: ``The Secretary shall require each 
        applicant for funds under the programs authorized by this 
        chapter to identify and conduct outreach to 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)), 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)(2), by striking ``college students, 
        and'' and inserting ``college students, foster care children 
        and youth, homeless children and youth, and''.

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 an assurance that the entity carrying out the 
        project has reviewed and revised policies and practices as 
        needed to remove barriers to the participation and retention in 
        the project of 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 unaccompanied 
        youths, and foster care children and youth;
            ``(6) require that such entity submit, as part of the 
        application for the project, a description of the activities 
        that will be undertaken to reach out to homeless children and 
        youths and foster care children and youth as part of the 
        project; and
            ``(7) require an assurance that such entity will prepare 
        and submit the report required under section 402H(e) at the 
        conclusion of the project regarding 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 an assurance that the entity carrying out the 
        project has reviewed and revised policies and practices as 
        needed to remove barriers to the participation and retention in 
        the project of 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 unaccompanied 
        youths, and foster care children and youth;
            ``(7) require that such entity submit, as part of the 
        application, a description of the activities that will be 
        undertaken to reach out to homeless children and youths and 
        foster care children and youth regarding the project; and
            ``(8) require an assurance that such entity will prepare 
        and submit the report required under section 402H(e) at the 
        conclusion of the project regarding 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 an assurance that the entity carrying out the 
        project has reviewed and revised policies and practices as 
        needed to remove barriers to the participation and retention in 
        the project of 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 unaccompanied 
        youths, and foster care children and youth;
            ``(8) require that such entity submit, in the application 
        for the project, a description of the activities that will be 
        undertaken to reach out to homeless children and youths, and 
        foster care children and youth, who are enrolled or accepted 
        for enrollment at the institution; and
            ``(9) require an assurance that such entity will prepare 
        and submit the report required under section 402H(e) at the 
        conclusion of the project regarding 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:
            ``(5) require an assurance that the entity carrying out the 
        project has reviewed and revised policies and practices as 
        needed to remove barriers to the participation and retention in 
        the project of 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 unaccompanied 
        youths, and foster care children and youth;
            ``(6) require that such entity submit, as part of the 
        application, a description of the activities that will be 
        undertaken to reach out to homeless children and youths and 
        foster care children and youth regarding the project; and
            ``(7) require an assurance that such entity will prepare 
        and submit the report required under section 402H(e) at the 
        conclusion of the project regarding homeless children and 
        youths and foster care children and youth.''.

SEC. 10. REPORTS AND EVALUATIONS.

    Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a-
18) is amended by adding at the end the following:
    ``(e) Report Regarding Homeless Children and Youths and Foster Care 
Children and Youth.--Each entity carrying out a project under section 
402B, 402C, 402D, or 402F shall, at the conclusion of the project, 
prepare and submit a report to the Secretary that includes--
            ``(1) data on the number of 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 served through the project; and
            ``(2) a description of any strategies or program 
        enhancements that were used in the project and that were 
        effective in meeting the needs of homeless children and youths 
        and foster care children and youth.''.

SEC. 11. 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 eligible 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 eligible 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 
                        eligible 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. 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 prioritize employment for 
students who are currently or formerly homeless children and youths (as 
such term is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)) 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. CONSOLIDATING QUESTIONS REGARDING HOMELESS STATUS IN FAFSA.

    Section 483(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 
1090(a)(4)) is amended by adding at the end the following:
                    ``(C) Single question regarding homeless status.--
                The Secretary shall ensure that, on each form developed 
                under this section for which the information is 
                applicable, there is a single, easily understood 
                screening question to identify an applicant for aid who 
                is--
                            ``(i) an unaccompanied homeless child or 
                        youth (as such term is defined in section 725 
                        of the McKinney-Vento Homeless Assistance Act); 
                        or
                            ``(ii) an unaccompanied youth who is self-
                        supporting and at risk of homelessness.''.

SEC. 15. 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 ``re 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 during the first full award year 
        following the date of enactment of the Higher Education Access 
        and Success for Homeless and Foster Youth Act.
    ``(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).''.
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