I 

114TH CONGRESS 

1ST SESSION H. R. 4043 

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 HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2015 

Ms. CLARK of Massachusetts introduced the following bill; which was referred 

to the Committee on Education and the Workforce 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Higher Education Ac5 cess and Success for Homeless and Foster Youth Act’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) INDEPENDENT STUDENT.—Section 480(d) of the 

8 Higher Education Act of 1965 (20 U.S.C. 1087vv(d)) is 

9 amended— 

10 (1) in paragraph (1)(H)— 


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1 (A) in the matter preceding clause (i)— 

2 (i) by striking ‘‘during the school year 

3 in which the application is submitted’’; 

4 (ii) by inserting ‘‘age 23 or younger’’ 

5 after ‘‘unaccompanied youth’’; and 

6 (iii) by striking ‘‘terms are’’ and in7 serting ‘‘term is’’; 

8 (B) in clause (i), by inserting ‘‘, or a des9 ignee of the liaison’’ after ‘‘Act’’; 

10 (C) in clause (ii), by striking ‘‘a program 

11 funded under the Runaway and Homeless 

12 Youth Act’’ and inserting ‘‘an emergency or 

13 transitional shelter, street outreach program, 

14 homeless youth drop-in center, or other pro15 gram serving homeless youth,’’; and 

16 (D) in clause (iii), by striking ‘‘program 

17 funded under subtitle B of title IV of the 

18 McKinney-Vento Homeless Assistance Act (re19 lating to emergency shelter grants)’’ and insert20 ing ‘‘Federal TRIO program or a Gaining Early 

21 Awareness and Readiness for Undergraduate 

22 program under chapter 1 or 2 of subpart 2 of 

23 part A,’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) SIMPLIFYING THE DETERMINATION PROC2 ESS FOR UNACCOMPANIED YOUTH.— 

3 ‘‘(A) VERIFICATION.—A financial aid ad4 ministrator shall accept a homelessness deter5 mination made by any individual authorized to 

6 make such determinations under clause (i), (ii), 

7 or (iii) of paragraph (1)(H) in the absence of 

8 conflicting information. A documented phone 

9 call with, or a written statement from, one of 

10 the authorized individuals is sufficient 

11 verification when needed. For purposes of this 

12 paragraph, a financial aid administrator’s dis13 agreement with the determination made by an 

14 authorized individual shall not be considered 

15 conflicting information. 

16 ‘‘(B) DETERMINATION OF INDEPEND17 ENCE.—A financial aid administrator shall 

18 make a determination of independence under 

19 paragraph (1)(H) if a student does not have, 

20 and cannot get, documentation from any of the 

21 other designated authorities described in such 

22 paragraph. This determination is based on the 

23 definitions outlined in paragraph (1)(H) and is 

24 distinct from a determination of independence 

25 under paragraph (1)(I). The determination may 


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1 be based on a documented interview with the 

2 student if there is no written documentation 

3 available. A financial aid administrator shall 

4 limit such determination to whether the student 

5 meets the definitions in paragraph (1)(H) and 

6 shall not inquire about the reasons for the stu7 dent’s homelessness. 

8 ‘‘(C) TIMING; USE OF EARLIER DETER9 MINATION.— 

10 ‘‘(i) TIMING.—A determination under 

11 paragraph (1)(H) for a student— 

12 ‘‘(I) shall be made as quickly as 

13 practicable; 

14 ‘‘(II) may be made as early as 

15 the year before the award year for 

16 which the student initially submits an 

17 application; and 

18 ‘‘(III) shall be made no later 

19 than during the award year for which 

20 the student initially submits an appli21 cation. 

22 ‘‘(ii) USE OF EARLIER DETERMINA23 TION.—Any student who is determined to 

24 be independent under paragraph (1)(H) 

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1 tion shall be presumed to be independent 

2 for a subsequent award year at the same 

3 institution unless— 

4 ‘‘(I) the student informs the in5 stitution that circumstances have 

6 changed; or 

7 ‘‘(II) the institution has specific 

8 conflicting information about the stu9 dent’s independence, and has in10 formed the student of this information 

11 and the opportunity to challenge such 

12 information through a documented 

13 interview or an impartial review by 

14 the Student Loan Ombudsman pursu15 ant to section 141(f)(3)(C).’’. 

16 (b) FOSTER CARE CHILDREN AND YOUTH.—Section 

17 103 of the Higher Education Act of 1965 (20 U.S.C. 

18 1003) is amended by adding at the end the following: 

19 ‘‘(25) FOSTER CARE CHILDREN AND YOUTH.— 

20 The term ‘foster care children and youth’— 

21 ‘‘(A) means children and youth whose care 

22 and placement are the responsibility of the 

23 State or Tribal agency that administers a State 

24 or Tribal plan under part B or E of title IV of 

25 the Social Security Act (42 U.S.C. 621 et seq. 


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1 and 670 et seq.), without regard to whether fos2 ter care maintenance payments are made under 

3 section 472 of such Act (42 U.S.C. 672) on be4 half of such children and youth; and 

5 ‘‘(B) includes individuals who were age 13 

6 or older when their care and placement were 

7 the responsibility of a State or Tribal agency 

8 that administered a State or Tribal plan under 

9 part B or E of title IV of the Social Security 

10 Act (42 U.S.C. 621 et seq. and 670 et seq.) 

11 and who are no longer under the care and re12 sponsibility of such a State or tribal agency, 

13 without regard to any such individual’s subse14 quent adoption, guardianship arrangement, or 

15 other form of permanency outcome.’’. 

16 SEC. 3. STUDENT LOAN OMBUDSMAN. 

17 Section 141(f)(3) of the Higher Education Act of 

18 1965 (20 U.S.C. 1018(f)(3)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’ 

20 after the semicolon; 

21 (2) in subparagraph (B), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

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1 pendence under subparagraph (B) or (H) of 

2 section 480(d)(1), in consultation with knowl3 edgeable parties, including child welfare agen4 cies, local educational agency liaisons for home5 less children and youths designated under sec6 tion 722(g)(1)(J)(ii) of the McKinney-Vento 

7 Homeless Assistance Act (42 U.S.C. 

8 11432(g)(1)(J)(ii)), or State Coordinators for 

9 Education of Homeless Children and Youths es10 tablished in accordance with section 722 of 

11 such Act (42 U.S.C. 11432).’’. 

12 SEC. 4. PROGRAM PARTICIPATION AGREEMENTS. 

13 Section 487(a) of the Higher Education Act of 1965 

14 (20 U.S.C. 1094(a)) is amended— 

15 (1) in paragraph (19)— 

16 (A) by striking ‘‘The institution will not’’ 

17 and inserting the following: ‘‘The institution— 

18 ‘‘(A) will not’’; 

19 (B) by inserting ‘‘housing facilities,’’ after 

20 ‘‘libraries,’’; 

21 (C) by striking ‘‘institution.’’ and inserting 

22 ‘‘institution; and’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(B) will provide a means for students to 

25 access institutionally owned or operated housing 


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1 if a student is temporarily unable to meet fi2 nancial obligations related to housing, including 

3 deposits, due to delayed disbursement of vouch4 ers for education and training made available 

5 under section 677 of part E of title IV of the 

6 Social Security Act or delays attributable to the 

7 institution.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(30) The institution certifies that the institu10 tion— 

11 ‘‘(A) has designated an appropriate staff 

12 person, who may also be a coordinator for other 

13 programs, as a single point of contact to assist 

14 homeless children and youths (as such term is 

15 defined in section 725 of the McKinney-Vento 

16 Homeless Assistance Act (42 U.S.C. 11434a)) 

17 and foster care children and youth in accessing 

18 and completing postsecondary education; 

19 ‘‘(B) posts public notice about student fi20 nancial assistance and other assistance available 

21 to homeless children and youths and foster care 

22 children and youth, including their eligibility as 

23 independent students under subparagraphs (B) 

24 and (H) of section 480(d)(1); 


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1 ‘‘(C) gives priority for any institutionally 

2 owned or operated housing facilities, including 

3 student housing facilities that remain open for 

4 occupation during school breaks or on a year5 round basis, to— 

6 ‘‘(i) homeless children and youths (as 

7 such term is defined in section 725 of the 

8 McKinney-Vento Homeless Assistance Act 

9 (42 U.S.C. 11434a)); 

10 ‘‘(ii) youths who are unaccompanied, 

11 at risk of homelessness, and self-sup12 porting; and 

13 ‘‘(iii) foster care children and youth; 

14 ‘‘(D) has developed a plan for how home15 less children and youths, youths who are unac16 companied, at risk of homelessness, and self17 supporting, and foster care children and youth 

18 can access housing resources during and be19 tween academic terms, through means that may 

20 include access to institutionally owned or oper21 ated housing during breaks and a list of hous22 ing resources in the community that provide 

23 short-term housing; and 

24 ‘‘(E) has included, in its application for 

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1 tarily) regarding the applicant’s status as a 

2 homeless child or youth or foster care child or 

3 youth, that— 

4 ‘‘(i) can be answered by the applicant 

5 voluntarily for the limited purpose of being 

6 provided information about financial aid or 

7 any other available assistance; and 

8 ‘‘(ii) explain the key terms in the 

9 question in a manner children and youth 

10 can understand in order to self-identify 

11 and declare eligibility as a homeless child 

12 or youth or foster care child or youth.’’. 

13 SEC. 5. FEDERAL TRIO PROGRAMS. 

14 Section 402A of the Higher Education Act of 1965 

15 (20 U.S.C. 1070a–11) is amended— 

16 (1) in subsection (c)(6), by striking the last 

17 sentence and inserting the following: ‘‘The Secretary 

18 shall require each applicant for funds under the pro19 grams authorized by this chapter to identify and 

20 conduct outreach to foster care children and youth 

21 and homeless children and youths (as such term is 

22 defined in section 725 of the McKinney-Vento 

23 Homeless Assistance Act (42 U.S.C. 11434a)), and 

24 make available to foster care children and youth and 

25 homeless children and youths services under such 


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1 programs, including mentoring, tutoring, and other 

2 services provided by such programs.’’; and 

3 (2) in subsection (f)(2), by striking ‘‘college 

4 students, and’’ and inserting ‘‘college students, fos5 ter care children and youth, homeless children and 

6 youths, and’’. 

7 SEC. 6. TALENT SEARCH. 

8 Section 402B(d) of the Higher Education Act of 

9 1965 (20 U.S.C. 1070a–12(d)) is amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ after 

11 the semicolon; 

12 (2) in paragraph (4), by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by adding at the end the following: 

15 ‘‘(5) require an assurance that the entity car16 rying out the project has reviewed and revised poli17 cies and practices as needed to remove barriers to 

18 the participation and retention in the project of 

19 homeless children and youths (as such term is de20 fined in section 725 of the McKinney-Vento Home21 less Assistance Act (42 U.S.C. 11434a)), including 

22 unaccompanied youths, and foster care children and 

23 youth; 

24 ‘‘(6) require that such entity submit, as part of 

25 the application for the project, a description of the 


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1 activities that will be undertaken to reach out to 

2 homeless children and youths and foster care chil3 dren and youth as part of the project; and 

4 ‘‘(7) require an assurance that such entity will 

5 prepare and submit the report required under sec6 tion 402H(e) at the conclusion of the project regard7 ing homeless children and youths and foster care 

8 children and youth.’’. 

9 SEC. 7. UPWARD BOUND. 

10 Section 402C(e) of the Higher Education Act of 1965 

11 (20 U.S.C. 1070a–13(e)) is amended— 

12 (1) in paragraph (4), by striking ‘‘and’’ after 

13 the semicolon; 

14 (2) in paragraph (5), by striking the period at 

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(6) require an assurance that the entity car18 rying out the project has reviewed and revised poli19 cies and practices as needed to remove barriers to 

20 the participation and retention in the project of 

21 homeless children and youths (as such term is de22 fined in section 725 of the McKinney-Vento Home23 less Assistance Act (42 U.S.C. 11434a)), including 

24 unaccompanied youths, and foster care children and 

25 youth; 


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1 ‘‘(7) require that such entity submit, as part of 

2 the application, a description of the activities that 

3 will be undertaken to reach out to homeless children 

4 and youths and foster care children and youth re5 garding the project; and 

6 ‘‘(8) require an assurance that such entity will 

7 prepare and submit the report required under sec8 tion 402H(e) at the conclusion of the project regard9 ing homeless children and youths and foster care 

10 children and youth.’’. 

11 SEC. 8. STUDENT SUPPORT SERVICES. 

12 Section 402D(e) of the Higher Education Act of 

13 1965 (20 U.S.C. 1070a–14(e)) is amended— 

14 (1) in paragraph (5), by striking ‘‘and’’ after 

15 the semicolon; 

16 (2) in paragraph (6)(B), by striking the period 

17 at the end and inserting a semicolon; and 

18 (3) by adding at the end the following: 

19 ‘‘(7) require an assurance that the entity car20 rying out the project has reviewed and revised poli21 cies and practices as needed to remove barriers to 

22 the participation and retention in the project of 

23 homeless children and youths (as such term is de24 fined in section 725 of the McKinney-Vento Home25 less Assistance Act (42 U.S.C. 11434a)), including 


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1 unaccompanied youths, and foster care children and 

2 youth; 

3 ‘‘(8) require that such entity submit, in the ap4 plication for the project, a description of the activi5 ties that will be undertaken to reach out to homeless 

6 children and youths, and foster care children and 

7 youth, who are enrolled or accepted for enrollment 

8 at the institution; and 

9 ‘‘(9) require an assurance that such entity will 

10 prepare and submit the report required under sec11 tion 402H(e) at the conclusion of the project regard12 ing homeless children and youths and foster care 

13 children and youth.’’. 

14 SEC. 9. EDUCATIONAL OPPORTUNITY CENTERS. 

15 Section 402F(c) of the Higher Education Act of 1965 

16 (20 U.S.C. 1070a–16(c)) is amended— 

17 (1) in paragraph (2), by striking ‘‘and’’ after 

18 the semicolon; 

19 (2) in paragraph (3), by striking the period at 

20 the end and inserting a semicolon; and 

21 (3) by adding at the end the following: 

22 ‘‘(5) require an assurance that the entity car23 rying out the project has reviewed and revised poli24 cies and practices as needed to remove barriers to 

25 the participation and retention in the project of 


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1 homeless children and youths (as such term is de2 fined in section 725 of the McKinney-Vento Home3 less Assistance Act (42 U.S.C. 11434a)), including 

4 unaccompanied youths, and foster care children and 

5 youth; 

6 ‘‘(6) require that such entity submit, as part of 

7 the application, a description of the activities that 

8 will be undertaken to reach out to homeless children 

9 and youths and foster care children and youth re10 garding the project; and 

11 ‘‘(7) require an assurance that such entity will 

12 prepare and submit the report required under sec13 tion 402H(e) at the conclusion of the project regard14 ing homeless children and youths and foster care 

15 children and youth.’’. 

16 SEC. 10. REPORTS AND EVALUATIONS. 

17 Section 402H of the Higher Education Act of 1965 

18 (20 U.S.C. 1070a–18) is amended by adding at the end 

19 the following: 

20 ‘‘(e) REPORT REGARDING HOMELESS CHILDREN

21 AND YOUTHS AND FOSTER CARE CHILDREN AND

22 YOUTH.—Each entity carrying out a project under section 

23 402B, 402C, 402D, or 402F shall, at the conclusion of 

24 the project, prepare and submit a report to the Secretary 

25 that includes— 


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1 ‘‘(1) data on the number of homeless children 

2 and youths (as such term is defined in section 725 

3 of the McKinney-Vento Homeless Assistance Act (42 

4 U.S.C. 11434a)) and foster care children and youth 

5 served through the project; and 

6 ‘‘(2) a description of any strategies or program 

7 enhancements that were used in the project and that 

8 were effective in meeting the needs of homeless chil9 dren and youths and foster care children and 

10 youth.’’. 

11 SEC. 11. GAINING EARLY AWARENESS AND READINESS FOR 

12 UNDERGRADUATE PROGRAMS. 

13 Section 404C(a)(2) of the Higher Education Act of 

14 1965 (20 U.S.C. 1070a–23(a)(2)) is amended— 

15 (1) in subparagraph (I), by striking ‘‘and’’ after 

16 the semicolon; 

17 (2) in subparagraph (J), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(K) describe how the eligible entity will 

21 facilitate the participation of foster care chil22 dren and youth and homeless children and 

23 youths (as such term is defined in section 725 

24 of the McKinney-Vento Homeless Assistance 

25 Act (42 U.S.C. 11434a)), including— 


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1 ‘‘(i) how the eligible entity will iden2 tify foster care children and youth and 

3 homeless children and youths, in collabora4 tion with child welfare agencies, homeless 

5 shelters, and local educational agency liai6 sons for homeless children and youths des7 ignated under section 722(g)(1)(J)(ii) of 

8 the McKinney-Vento Homeless Assistance 

9 Act (42 U.S.C. 11432(g)(1)(J)(ii)); 

10 ‘‘(ii) how the eligible entity will collect 

11 and submit to the Secretary data on the 

12 number of homeless children and youths 

13 and foster care children and youth served; 

14 and 

15 ‘‘(iii) the policies and practices the eli16 gible entity will adopt to remove barriers to 

17 the participation of homeless children and 

18 youths and foster care children and youth, 

19 including policies to facilitate continued 

20 participation despite changes in residence 

21 resulting from homelessness or foster care 

22 placement and policies consistent with the 

23 McKinney-Vento Homeless Assistance Act 

24 (42 U.S.C. 11301 et seq.).’’. 


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

2 Section 443(b)(6) of the Higher Education Act of 

3 1965 (42 U.S.C. 2753(b)(6)) is amended by inserting ‘‘, 

4 and prioritize employment for students who are currently 

5 or formerly homeless children and youths (as such term 

6 is defined in section 725 of the McKinney-Vento Homeless 

7 Assistance Act (42 U.S.C. 11434a)) or foster care children 

8 and youth’’ after ‘‘thereof’’. 

9 SEC. 13. EXCLUDABLE INCOME. 

10 Section 480(e) of the Higher Education Act of 1965 

11 (20 U.S.C. 1087vv(e)) is amended by striking paragraph 

12 (5) and inserting the following: 

13 ‘‘(5) payments made and services provided 

14 under part E of title IV of the Social Security Act, 

15 including the value of vouchers for education and 

16 training made available under section 477 of such 

17 Act, and any payments made directly to the youth 

18 as part of an extended foster care program pursuant 

19 to such part E; and’’. 

20 SEC. 14. CONSOLIDATING QUESTIONS REGARDING HOME21 LESS STATUS IN FAFSA. 

22 Section 483(a)(4) of the Higher Education Act of 

23 1965 (20 U.S.C. 1090(a)(4)) is amended by adding at the 

24 end the following: 

25 ‘‘(C) SINGLE QUESTION REGARDING

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1 sure that, on each form developed under this 

2 section for which the information is applicable, 

3 there is a single, easily understood screening 

4 question to identify an applicant for aid who 

5 is— 

6 ‘‘(i) an unaccompanied homeless child 

7 or youth (as such term is defined in sec8 tion 725 of the McKinney-Vento Homeless 

9 Assistance Act); or 

10 ‘‘(ii) an unaccompanied youth who is 

11 self-supporting and at risk of homeless12 ness.’’. 

13 SEC. 15. IN-STATE TUITION RATES FOR HOMELESS CHIL14 DREN OR YOUTHS AND FOSTER CARE CHIL15 DREN AND YOUTH. 

16 Section 135 of the Higher Education Act of 1965 (20 

17 U.S.C. 1015d) is amended— 

18 (1) in the section heading, by inserting ‘‘AND

19 FOSTER CARE CHILDREN AND YOUTH’’ after 

20 ‘‘CHILDREN’’; 

21 (2) in subsection (a)— 

22 (A) by striking ‘‘(a) REQUIREMENT.—In 

23 the case’’ and inserting the following: 

24 ‘‘(a) REQUIREMENT.— 

25 ‘‘(1) ARMED FORCES.—In the case’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2) HOMELESS CHILDREN OR YOUTHS AND

3 FOSTER CARE CHILDREN OR YOUTH.—In the case of 

4 a homeless child or youth or a foster care child or 

5 youth, such State shall not charge such individual 

6 tuition for attendance at a public institution of high7 er education in the State at a rate that is greater 

8 than the rate charged for residents of the State.’’; 

9 and 

10 (3) by striking subsections (c) and (d) and in11 serting the following: 

12 ‘‘(c) EFFECTIVE DATE.— 

13 ‘‘(1) ARMED FORCES.—With respect to an indi14 vidual described in subsection (a)(1), this section 

15 shall take effect at each public institution of higher 

16 education in a State that receives assistance under 

17 this Act for the first period of enrollment at such in18 stitution that begins after July 1, 2009. 

19 ‘‘(2) HOMELESS CHILDREN OR YOUTHS AND

20 FOSTER CARE CHILDREN OR YOUTH.—With respect 

21 to an individual described in subsection (a)(2), this 

22 section shall take effect at each public institution of 

23 higher education in a State that receives assistance 

24 under this Act for the first period of enrollment at 

25 such institution that begins during the first full 


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1 award year following the date of enactment of the 

2 Higher Education Access and Success for Homeless 

3 and Foster Youth Act. 

4 ‘‘(d) DEFINITIONS.—In this section: 

5 ‘‘(1) ARMED FORCES.—The terms ‘armed 

6 forces’ and ‘active duty for a period of more than 30 

7 days’ have the meanings given those terms in section 

8 101 of title 10, United States Code. 

9 ‘‘(2) HOMELESS CHILDREN AND YOUTHS.—The 

10 term ‘homeless children and youths’ has the mean11 ing given the term in section 725 of the McKinney12 Vento Homeless Assistance Act (42 U.S.C. 

13 11434a).’’. 

Æ 


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