[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3605 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3605

To amend the Higher Education Act of 1965 to provide formula grants to 
 States to improve higher education opportunities for foster youth and 
                homeless youth, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2022

   Mr. Casey (for himself, Mr. Brown, and Ms. Smith) 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 provide formula grants to 
 States to improve higher education opportunities for foster youth and 
                homeless youth, and for other purposes.

    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 ``Fostering Success in Higher 
Education Act of 2022''.

SEC. 2. FORMULA GRANTS TO STATES TO IMPROVE HIGHER EDUCATION 
              OPPORTUNITIES FOR FOSTER YOUTH AND HOMELESS YOUTH.

    Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et 
seq.) is amended by adding at the end the following:

    ``PART F--GRANTS FOR IMPROVING ACCESS TO AND SUCCESS IN HIGHER 
             EDUCATION FOR FOSTER YOUTH AND HOMELESS YOUTH

``SEC. 791. DEFINITIONS.

    ``In this part:
            ``(1) Foster youth.--The term `foster youth'--
                    ``(A) means an individual whose care and placement 
                is 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.; 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 individual; 
                and
                    ``(B) includes any individual--
                            ``(i) whose care and placement was the 
                        responsibility of such a State or tribal agency 
                        when, or at any time after, the individual 
                        attained 13 years of age, without regard to 
                        whether foster care maintenance payments were 
                        made under section 472 of such Act (42 U.S.C. 
                        672) on behalf of the individual; and
                            ``(ii) who is no longer under the care and 
                        responsibility of such a State or tribal 
                        agency, without regard to any subsequent 
                        adoption, guardianship arrangement, or other 
                        form of permanency option.
            ``(2) Homeless youth.--The term `homeless youth' has the 
        meaning given the term `homeless children and youths' in 
        section 725 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11434a).
            ``(3) Indian tribe; tribal organization.--The terms `Indian 
        Tribe' and `Tribal organization' have the meanings given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            ``(4) State.--The term `State' means each of the several 
        States and the District of Columbia.
            ``(5) Territory.--The term `territory' means the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Republic of Palau.

``SEC. 792. FORMULA GRANTS TO STATES TO IMPROVE ACCESS TO AND SUCCESS 
              IN HIGHER EDUCATION FOR FOSTER YOUTH AND HOMELESS YOUTH.

    ``(a) Grant Program Established.--From the amount appropriated 
under subsection (h), the Secretary shall make allotments under 
subsection (b), to States having applications approved under subsection 
(c), to enable each State to--
            ``(1) carry out the statewide transition initiative 
        described in subsection (d); and
            ``(2) make subgrants described in subsection (e).
    ``(b) Allotments.--
            ``(1) Formula.--
                    ``(A) Reservation for indian tribes and 
                territories.--
                            ``(i) In general.--From the amount 
                        appropriated under subsection (h) for a fiscal 
                        year and subject to clause (ii), the Secretary 
                        shall reserve--
                                    ``(I) not more than 3 percent for 
                                grants to Indian Tribes, consortia of 
                                Indian Tribes, or Tribal organizations; 
                                and
                                    ``(II) not more than 2 percent for 
                                grants to territories.
                            ``(ii) Requirements.--In awarding grants 
                        under this subparagraph, the Secretary--
                                    ``(I) shall not award a grant under 
                                subclause (I) or (II) of clause (i) for 
                                a fiscal year for which no Indian Tribe 
                                (or consortium of Indian Tribes) or 
                                Tribal organization, or territory, 
                                respectively, submits a satisfactory 
                                application for a grant under such 
                                subclause;
                                    ``(II) shall require that any 
                                Indian Tribe, consortium, Tribal 
                                organization, or territory that 
                                receives a grant under this 
                                subparagraph provide an assurance of a 
                                partnership among relevant education, 
                                child welfare, and homeless agencies or 
                                organizations; and
                                    ``(III) may determine any other 
                                requirements with respect to such 
                                grants (including the allocation, 
                                application, and use of fund 
                                requirements), which to the extent 
                                possible, shall be consistent with the 
                                requirements for States under this 
                                part, except that appropriate 
                                adjustments shall be made based on the 
                                needs and size of populations served by 
                                the Indian Tribe, consortium, Tribal 
                                organization, or territory applying for 
                                the grant.
                    ``(B) Reservation for department activities.--From 
                the amount appropriated under subsection (h) for a 
                fiscal year, the Secretary may reserve--
                            ``(i) not more than 7 percent to--
                                    ``(I) provide technical assistance, 
                                in consultation with the Secretary of 
                                Health and Human Services, to States 
                                carrying out activities under this 
                                section; and
                                    ``(II) complete the evaluations 
                                required by subsection (g)(1); and
                            ``(ii) not more than 3 percent for 
                        administrative expenses.
                    ``(C) Allotments.--From the amount appropriated 
                under subsection (h) for fiscal year and remaining 
                after the Secretary reserves funds under subparagraphs 
                (A) and (B), the Secretary shall allot to each State 
                the greater of--
                            ``(i) $500,000; or
                            ``(ii) the amount that bears the same 
                        proportion to the remaining appropriated amount 
                        for such fiscal year as the number of foster 
                        youth and homeless youth in the State bears to 
                        the number of foster youth and homeless youth 
                        in all States.
                    ``(D) Ratable reduction.--If the amount 
                appropriated under subsection (h) for a fiscal year and 
                remaining after the Secretary reserves funds under 
                subparagraphs (A) and (B) is less than the amount 
                required to be allotted to States under subparagraph 
                (C), then the amount of the allotment to each State 
                shall be ratably reduced.
            ``(2) State reservation.--From the amounts awarded a State 
        under paragraph (1)(C) for a fiscal year, the State may reserve 
        not more than 5 percent for administrative expenses.
            ``(3) Temporary ineligibility for subsequent payments.--
                    ``(A) In general.--The Secretary shall determine a 
                State to be temporarily ineligible to receive a grant 
                payment under this subsection for a fiscal year if--
                            ``(i) the State fails to submit an annual 
                        report under subsection (f) for the preceding 
                        fiscal year; or
                            ``(ii) the Secretary determines, based on 
                        information in such annual report, that the 
                        State is not effectively--
                                    ``(I) meeting the outcomes 
                                described in the application of such 
                                State under subsection (c)(2)(C), and 
                                does not have a plan to improve the 
                                outcomes;
                                    ``(II) monitoring and evaluating 
                                the activities under subsections (d) 
                                and (e); or
                                    ``(III) using funds as required 
                                under subsections (d) and (e).
                    ``(B) Reinstatement.--If the Secretary determines 
                that a State is ineligible under subparagraph (A), the 
                Secretary may enter into an agreement with the State 
                setting forth the terms and conditions under which the 
                State may regain eligibility to receive payments under 
                this section.
    ``(c) Applications.--
            ``(1) In general.--For each fiscal year for which a State 
        desires an allotment under subsection (b), the State shall 
        submit an application to the Secretary at such time, in such 
        manner, and containing the information described in paragraph 
        (2).
            ``(2) Information required.--An application submitted under 
        paragraph (1) shall include the following:
                    ``(A) A plan for how the State will carry out the 
                activities under subsections (d) and (e).
                    ``(B) A description of the State's capacity to 
                carry out such activities.
                    ``(C) A description of intended outcomes for such 
                activities.
                    ``(D) A plan for how the State will monitor and 
                evaluate such activities, including how the State will 
                use data to continually update and improve such 
                activities.
                    ``(E) A description of how students will be 
                identified and recruited for participation in the 
                statewide transition initiative under subsection (d).
                    ``(F) An estimate of the number and characteristics 
                of the populations targeted for participation in the 
                statewide transition initiative under subsection (d) 
                with attention to the diverse needs of homeless youth 
                and foster youth in the State.
                    ``(G) A description of how the State will 
                coordinate services provided under the grant with 
                services provided to foster youth and homeless youth 
                under the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11301 et seq.), the Elementary and Secondary 
                Education Act of 1965, and the Runaway and Homeless 
                Youth Act (34 U.S.C. 11201 et seq.), and other services 
                provided to foster youth and homeless youth by the 
                State.
                    ``(H) An assurance that the State will comply with 
                subtitle B of title VII of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11431 et seq.).
                    ``(I) An assurance that the State will partner with 
                State educational agencies, local educational agencies, 
                institutions of higher education, State and local child 
                welfare authorities, and other relevant organizations 
                that serve foster youth or homeless youth.
                    ``(J) An assurance that the State will submit the 
                annual report required under subsection (f).
                    ``(K) A budgetary analysis of the use of funds 
                awarded under this section.
                    ``(L) Such other information as the Secretary may 
                require.
    ``(d) Statewide Transition Initiative.--
            ``(1) Use of funds.--Subject to subsection (b)(2), and in 
        consultation and coordination with the entities described in 
        paragraph (2), a State receiving a grant award under this 
        section shall use not less than 25 percent of the funds to--
                    ``(A) provide intensive outreach and support to 
                foster youth and homeless youth to--
                            ``(i) improve the understanding and 
                        preparation of such youth for enrollment in 
                        institutions of higher education;
                            ``(ii) increase the number of applications 
                        to institutions of higher education submitted 
                        by such youth; and
                            ``(iii) increase the number of enrollments 
                        of such youth at institutions of higher 
                        education;
                    ``(B) provide education to foster youth and 
                homeless youth with respect to--
                            ``(i) the benefits and opportunities of 
                        postsecondary education;
                            ``(ii) planning for postsecondary 
                        education;
                            ``(iii) financial aid opportunities for 
                        enrollment at an institution of higher 
                        education;
                            ``(iv) the Federal and State services and 
                        benefits available to foster youth and homeless 
                        youth while enrolled at an institution of 
                        higher education, including health and mental 
                        health services;
                            ``(v) career exploration; and
                            ``(vi) financial literacy training, 
                        including security from identity theft;
                    ``(C) assist foster youth and homeless youth with 
                submitting applications for--
                            ``(i) enrollment at an institution of 
                        higher education;
                            ``(ii) financial aid for such enrollment; 
                        and
                            ``(iii) scholarships available for such 
                        students, including under a State educational 
                        and training voucher program referred to in 
                        section 477(i) of the Social Security Act (42 
                        U.S.C. 677(i)); and
                    ``(D) provide free programming, which may include 
                free transportation to and from such programming, for 
                foster youth and homeless youth to prepare such 
                individuals socially and academically for the rigors of 
                postsecondary education during the summer before such 
                individuals first attend an institution of higher 
                education.
            ``(2) Required consultation and coordination.--In carrying 
        out the activities described in paragraph (1), a State shall 
        consult and coordinate with State educational agencies, local 
        educational agencies, institutions of higher education, State 
        and local child welfare authorities, and other relevant 
        organizations that serve foster youth or homeless youth.
    ``(e) Subgrants To Create Institutions of Excellence.--
            ``(1) In general.--Subject to subsection (b)(2), a State 
        receiving a grant under this section shall, acting through the 
        administering State agency, use not less than 70 percent of the 
        funds to award, on a competitive basis, subgrants to eligible 
        institutions to enable such institutions to become institutions 
        of excellence by improving college access, retention, and 
        completion rates for foster and homeless youth as described in 
        paragraph (3).
            ``(2) Application.--
                    ``(A) In general.--An eligible institution desiring 
                a subgrant under this subsection shall submit an 
                application to the State in which such eligible 
                institution is located, at such time, in such manner, 
                and containing such information as the State may 
                require.
                    ``(B) Technical assistance.--Each State receiving 
                an allotment under this section shall provide outreach 
                and technical assistance to eligible institutions with 
                respect to applications for subgrants under this 
                subsection.
            ``(3) Activities.--An eligible institution that receives a 
        subgrant under this subsection shall use the subgrant funds to 
        carry out the following activities with respect to homeless 
        youth and foster youth:
                    ``(A) Provide flexibility and assistance in 
                completing the application process to enroll at such 
                institution.
                    ``(B) Coordinate programs with relevant on- and 
                off-campus stakeholders to increase the enrollment of 
                such youth at the institution and align services at the 
                institution for such youth.
                    ``(C) Adjust the cost of attendance for such youth 
                at such eligible institution to include the cost of 
                housing during periods of non-enrollment.
                    ``(D) Provide institutional aid to such students to 
                meet the cost of attendance that is not covered by 
                other Federal or State educational grants.
                    ``(E) Provide outreach to such students to ensure 
                that such youth are aware of housing resources 
                available during periods of non-enrollment.
                    ``(F) Subsidize any fees for such students 
                associated with orientation and offer free 
                transportation to the orientation or move-in week at 
                the eligible institution.
                    ``(G) Hire and provide training for at least one 
                full-time staff member at the eligible institution to 
                serve as a point of contact to provide case management 
                services and monthly face-to-face meetings with 
                students who are foster youth or homeless youth. Such 
                individual shall have an advanced degree and at least 
                two years of relevant experience.
                    ``(H) Establish or enhance campus support programs 
                to provide such students with a wide-range of on-campus 
                services, including--
                            ``(i) assistance with financial aid;
                            ``(ii) career advice; and
                            ``(iii) leadership development.
                    ``(I) Ensure the availability of robust health 
                services (physical and mental) that meet the specific 
                needs of foster youth and homeless youth.
                    ``(J) Establish or expand early alert systems to 
                identify and support such students who may be 
                struggling academically.
                    ``(K) For each such student with reasonable, 
                unanticipated expenses that would not be covered by the 
                institutional aid provided under subparagraph (D) and 
                that would be necessary for the student to persist in 
                college during an academic year, provide the student 
                with access to an emergency grant to help cover such 
                expenses.
                    ``(L) Collect, review, and monitor data for program 
                improvement.
            ``(4) Reliance on institutional aid or emergency grants.--
        Any institutional aid or emergency grant funds provided to a 
        student under subparagraph (D) or (K) of paragraph (3) by an 
        eligible institution during the period of the institution's 
        subgrant under this subsection shall continue to be provided 
        during the student's continuous enrollment at the institution, 
        without regard to whether the subgrant period ends during such 
        enrollment.
            ``(5) Definitions.--In this subsection:
                    ``(A) Administering state agency.--The term 
                `administering State agency' means a State agency--
                            ``(i) designated by the Governor or 
                        executive of the State to administer the 
                        subgrants under this subsection; and
                            ``(ii) that, with respect to such State, 
                        has jurisdiction over--
                                    ``(I) foster youth;
                                    ``(II) homeless youth;
                                    ``(III) elementary and secondary 
                                education; or
                                    ``(IV) higher education.
                    ``(B) Eligible institution.--The term `eligible 
                institution' means an institution of higher education--
                            ``(i) that is in partnership with--
                                    ``(I) the State child welfare 
                                agency that is responsible for the 
                                administration of the State plan under 
                                part B or E of title IV of the Social 
                                Security Act (42 U.S.C. 621 et seq.; 
                                670 et seq.); and
                                    ``(II) an organization that serves 
                                homeless youth (such as a youth shelter 
                                or outreach program); and
                            ``(ii) that may partner with any other 
                        provider, agency, official, or entity that 
                        serves foster youth and homeless youth, or 
                        former foster youth and homeless youth.
    ``(f) State Reports.--For each year in which a State receives an 
allotment under subsection (b), the State shall prepare and submit a 
report to the Secretary that includes--
            ``(1) each activity or service that was carried out under 
        this section;
            ``(2) the cost of providing each such activity or service;
            ``(3) the number of students who received each activity or 
        service disaggregated by demographics;
            ``(4) using qualitative and quantitative analysis, how the 
        State--
                    ``(A) improved access to higher education for 
                foster youth and homeless youth; and
                    ``(B) measured youth satisfaction with activities 
                carried out under this part;
            ``(5) an analysis of the implementation and progress of the 
        statewide transition initiative under subsection (d), including 
        challenges and changes made to the initiative throughout the 
        preceding year;
            ``(6) if, based on the analysis under paragraph (5), the 
        State determines that the program is not on track to meet the 
        intended outcomes described in the application of the State 
        under subsection (c)(2)(C), a description of how the State 
        plans to meet such intended outcomes; and
            ``(7) information on the eligible institutions receiving 
        subgrants, including how such institutions used subgrant funds 
        to carry out the activities described in subsection (e)(3).
    ``(g) Department Activities.--
            ``(1) Evaluations.--Beginning on the date on which funds 
        are first allotted under subsection (b), and annually 
        thereafter, the Secretary shall evaluate recipients of 
        allotments and subgrants under this section. The results of 
        such evaluations shall be made publicly available on the 
        website of the Department.
            ``(2) Report to congress.--Not later than 1 year after the 
        date on which funds are first allotted under subsection (b), 
        and annually thereafter, the Secretary shall submit a report to 
        Congress that includes--
                    ``(A) the amount of each allotment under subsection 
                (b);
                    ``(B) the amount of each subgrant under subsection 
                (e); and
                    ``(C) with respect to the year for which such 
                report is made, the results of the evaluations under 
                paragraph (1).
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000 for fiscal year 
2022 and each of the 5 succeeding fiscal years.''.
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