116 S3616 IS: Higher Education Access and Success for Homeless and Foster Youth Act of 2022
U.S. Senate
2022-02-09
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II
117th CONGRESS
2d Session
S. 3616
IN THE SENATE OF THE UNITED STATES
February 9, 2022
Mrs. Murray (for herself and Mr. Portman) 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 and foster care youth.
1.

Short title
This Act may be cited as the “Higher Education Access and Success for Homeless and Foster Youth Act of 2022”.
2.

Definitions
(a)

Homeless and foster youth
Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended—
(1)
by redesignating paragraph (10), paragraphs (11) through (22), and paragraphs (23) through (24), as paragraph (11), paragraphs (13) through (25), and paragraphs (26) through (27), respectively;
(2)
by inserting after paragraph (9) the following:
“(10)

Foster care youth
The term foster care 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.”;
(3)
by inserting after paragraph (11), as redesignated by paragraph (1), the following:
“(12)

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).”; and
(4)
by inserting after paragraph (24), as redesignated by paragraph (1), the following:
“(25)

Unaccompanied
The terms unaccompanied and unaccompanied youth have the meaning given the term unaccompanied youth in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).”.
(b)

Technical correction
Section 480 of the Higher Education Act of 1965, as amended by section 702(l)(2) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260), is amended by striking subsections (m) and (n).
3.

Technical corrections to FAFSA Simplification Act
Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260), is amended—
(1)
in subsection (a)(1)(D), by inserting “the same or” before “a prior award”;
(2)
in subsection (b)(5), by inserting “the same or” before “a prior award”; and
(3)
in subsection (d)(2)—
(A)
by inserting “this section, or paragraph (2), (8), or (9) of section 480(d),” after “pursuant to section 479A(c),”; and
(B)
by striking “under such paragraph in the same award year” and inserting “under such provisions in the same or a prior award year”.
4.

Student loan ombudsman assistance for homeless and foster youth
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 paragraph (2) or (8) of section 480(d), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless youth 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 Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).”.
5.

Liaisons and Access to Housing for Homeless and Foster Youth
(a)

Access to housing
Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended—
(1)
by striking “The institution will not” and inserting the following:
“The institution—
(A)
will not”;
(2)
by inserting “housing facilities,” after “libraries,”;
(3)
by striking “institution.” and inserting “institution; and”; and
(4)
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 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.”.
(b)

Liaisons
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:
“(n)

Liaisons and Access to Housing for Homeless and Foster Youth
Each institution of higher education participating in any program under this title shall—
(1)
have designated an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary education, including by ensuring that those individuals are connected to applicable and available student support services, programs, and community resources such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health care, child care, transportation benefits, and mentoring;
(2)
post on the institution’s website—
(A)
the contact information for the liaison designated under paragraph (1);
(B)
information on the process for providing documentation for a determination of independence under section 479D; and
(C)
information about student financial assistance and other assistance available to homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including their eligibility as independent students under paragraphs (2) or (8) of sections 480(d);
(3)
give 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—
(A)
homeless youth;
(B)
youth who are unaccompanied, at risk of homelessness, and self-supporting; and
(C)
foster care youth;
(4)
have developed a plan for how such homeless youth, youth who are unaccompanied, at risk of homelessness, and self-supporting, and foster care 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
(5)
include, in its application for admission, questions (to be answered voluntarily) regarding the applicant’s status as a homeless youth (including unaccompanied homeless youth), youth who is unaccompanied, at risk of homelessness, and self-supporting, or foster care youth, that—
(A)
can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance;
(B)
explain the key terms in the question in a manner that applicants can understand in order to self-identify with such status; and
(C)
with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term.”.
6.

Serving homeless and foster youth in 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 homeless youth and foster care youth, and make available to homeless youth and foster care youth 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, homeless youth, foster care youth, and”.
7.

Serving homeless and foster youth in 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 youth and foster care 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 such homeless youth and foster care 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 such homeless youth and foster care youth.”.
8.

Serving homeless and foster youth in 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 youth and foster care 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 such homeless youth and foster care 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 such homeless youth and foster care youth.”.
9.

Serving homeless and foster youth in 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 youth and foster care 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 such homeless youth and foster care 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 such homeless youth and foster care youth.”.
10.

Serving homeless and foster youth in 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 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 youth and foster care youth;
(5)
require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and
(6)
require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.”.
11.

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 and foster 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 youth and foster care 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 such homeless youth and foster care youth.”.
12.

Serving homeless and foster youth in gaining early awareness and readiness for undergraduate programs
(a)

Applications
Section 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a–23(a)(2)) is amended—
(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)
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 youth and foster care youth;
(L)
require that such entity submit, as part of the assurance, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and
(M)
require an assurance that such entity will prepare and submit the report required under section 404G(c) at the conclusion of the project regarding such homeless youth and foster care youth.”.
(b)

Permissible activities
Section 404D(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a–24(b)) is amended by adding at the end the following:
“(16)
Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include—
(A)
establishing partnerships with community-based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to identify students, improve policies and practices, and to establish data sharing agreements;
(B)
carrying out—
(i)
activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and
(ii)
policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and
(C)
carrying out other activities to meet the needs of such homeless youth and foster care youth.”.
(c)

Evaluation and report
Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a–27) is amended—
(1)
by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and
(2)
inserting after subsection (b) the following:
“(c)

Report regarding homeless and foster youth
Each entity carrying out a project under section 404A shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes—
(1)
data on the number of homeless youth and foster care 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 such homeless youth and foster care youth.”.
13.

Priority for Federal work-study programs for homeless and foster youth
Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087–53(b)(6)) is amended by inserting “, and prioritize employment for students who are homeless youth or foster care youth” after “thereof”.
14.

Data transparency on the number of pending requests for determination by homeless youth
Section 483(c)(2)(B) is amended—
(1)
in clause (i), by striking “and” after the semicolon;
(2)
in clause (ii), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(iii)
the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant’s request for the institution to consider the applicant’s special circumstance of being homeless.”.
15.

In-State tuition rates for homeless and foster youth
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—
(1)
in the section heading, by inserting “, homeless youth and foster care 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 and foster youth
In the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition and required fees for attendance at a public institution of higher education in the State at a rate that is greater than the rate of tuition and required fees 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 and foster 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 effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.
(d)

Definitions
In this section, 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.”.
16.

Secretarial support and guidance for homeless and foster youth
Part B of title I (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:
“124.

Secretarial support and guidance for homeless and foster youth
(a)

Guidance
Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D.
(b)

Professional development
Beginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth.
(c)

Report
Not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.”.
17.

Effective date
The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116–260) and in accordance with section 701(b) of such Act.