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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3616 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3616

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

_______________________________________________________________________

                   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.

    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 of 2022''.

SEC. 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).

SEC. 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''.

SEC. 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).''.

SEC. 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.''.

SEC. 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''.

SEC. 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.''.

SEC. 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.''.

SEC. 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.''.

SEC. 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.''.

SEC. 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.''.

SEC. 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.''.

SEC. 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''.

SEC. 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.''.

SEC. 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.''.

SEC. 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:

``SEC. 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.''.

SEC. 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.
                                 <all>
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