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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Higher Education Ac-
cess and Success for Homeless and Foster Youth Act’’. 
SEC. 2. DEFINITIONS. 
(a) INDEPENDENT STUDENT.—Section 480(d) of the 
Higher Education Act of 1965 (20 U.S.C. 1087vv(d)) is 
amended— 
(1) in paragraph (1)(H)— 
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(A) in the matter preceding clause (i)— 
(i) by striking ‘‘during the school year 
in which the application is submitted’’; 
(ii) by inserting ‘‘age 23 or younger’’ 
after ‘‘unaccompanied youth’’; and 
(iii) by striking ‘‘terms are’’ and in-
serting ‘‘term is’’; 
(B) in clause (i), by inserting ‘‘, or a des-
ignee of the liaison’’ after ‘‘Act’’; 
(C) in clause (ii), by striking ‘‘a program 
funded under the Runaway and Homeless 
Youth Act’’ and inserting ‘‘an emergency or 
transitional shelter, street outreach program, 
homeless youth drop-in center, or other pro-
gram serving homeless youth,’’; and 
(D) in clause (iii), by striking ‘‘program 
funded under subtitle B of title IV of the 
McKinney-Vento Homeless Assistance Act (re-
lating to emergency shelter grants)’’ and insert-
ing ‘‘Federal TRIO program or a Gaining Early 
Awareness and Readiness for Undergraduate 
program under chapter 1 or 2 of subpart 2 of 
part A,’’; and 
(2) by adding at the end the following: 
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‘‘(3) SIMPLIFYING THE DETERMINATION PROC-
ESS FOR UNACCOMPANIED YOUTH.— 
‘‘(A) VERIFICATION.—A financial aid ad-
ministrator shall accept a homelessness deter-
mination made by any individual authorized to 
make such determinations under clause (i), (ii), 
or (iii) of paragraph (1)(H) in the absence of 
conflicting information. A documented phone 
call with, or a written statement from, one of 
the 
authorized 
individuals 
is 
sufficient 
verification when needed. For purposes of this 
paragraph, a financial aid administrator’s dis-
agreement with the determination made by an 
authorized individual shall not be considered 
conflicting information. 
‘‘(B) 
DETERMINATION
OF
INDEPEND-
ENCE.—A financial aid administrator shall 
make a determination of independence under 
paragraph (1)(H) if a student does not have, 
and cannot get, documentation from any of the 
other designated authorities described in such 
paragraph. This determination is based on the 
definitions outlined in paragraph (1)(H) and is 
distinct from a determination of independence 
under paragraph (1)(I). The determination may 
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be based on a documented interview with the 
student if there is no written documentation 
available. A financial aid administrator shall 
limit such determination to whether the student 
meets the definitions in paragraph (1)(H) and 
shall not inquire about the reasons for the stu-
dent’s homelessness. 
‘‘(C) TIMING; USE
OF
EARLIER
DETER-
MINATION.— 
‘‘(i) TIMING.—A determination under 
paragraph (1)(H) for a student— 
‘‘(I) shall be made as quickly as 
practicable; 
‘‘(II) may be made as early as 
the year before the award year for 
which the student initially submits an 
application; and 
‘‘(III) shall be made no later 
than during the award year for which 
the student initially submits an appli-
cation. 
‘‘(ii) USE
OF
EARLIER
DETERMINA-
TION.—Any student who is determined to 
be independent under paragraph (1)(H) 
for a preceding award year at an institu-
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tion shall be presumed to be independent 
for a subsequent award year at the same 
institution unless— 
‘‘(I) the student informs the in-
stitution 
that 
circumstances 
have 
changed; or 
‘‘(II) the institution has specific 
conflicting information about the stu-
dent’s independence, and has in-
formed the student of this information 
and the opportunity to challenge such 
information through a documented 
interview or an impartial review by 
the Student Loan Ombudsman pursu-
ant to section 141(f)(3)(C).’’. 
(b) FOSTER CARE CHILDREN AND YOUTH.—Section 
103 of the Higher Education Act of 1965 (20 U.S.C. 
1003) is amended by adding at the end the following: 
‘‘(25) FOSTER CARE CHILDREN AND YOUTH.— 
The term ‘foster care children and youth’— 
‘‘(A) means children and youth whose care 
and placement are the responsibility of the 
State or Tribal agency that administers a State 
or Tribal plan under part B or E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq. 
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and 670 et seq.), without regard to whether fos-
ter care maintenance payments are made under 
section 472 of such Act (42 U.S.C. 672) on be-
half 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 re-
sponsibility of such a State or tribal agency, 
without regard to any such individual’s subse-
quent adoption, guardianship arrangement, or 
other form of permanency outcome.’’. 
SEC. 3. STUDENT LOAN OMBUDSMAN. 
Section 141(f)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1018(f)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) receive, review, and resolve expedi-
tiously complaints regarding a student’s inde-
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pendence under subparagraph (B) or (H) of 
section 480(d)(1), in consultation with knowl-
edgeable parties, including child welfare agen-
cies, local educational agency liaisons for home-
less children and youths designated under sec-
tion 722(g)(1)(J)(ii) of the McKinney-Vento 
Homeless 
Assistance 
Act 
(42 
U.S.C. 
11432(g)(1)(J)(ii)), or State Coordinators for 
Education of Homeless Children and Youths es-
tablished in accordance with section 722 of 
such Act (42 U.S.C. 11432).’’. 
SEC. 4. PROGRAM PARTICIPATION AGREEMENTS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended— 
(1) in paragraph (19)— 
(A) by striking ‘‘The institution will not’’ 
and inserting the following: ‘‘The institution— 
‘‘(A) will not’’; 
(B) by inserting ‘‘housing facilities,’’ after 
‘‘libraries,’’; 
(C) by striking ‘‘institution.’’ and inserting 
‘‘institution; and’’; and 
(D) by adding at the end the following: 
‘‘(B) will provide a means for students to 
access institutionally owned or operated housing 
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if a student is temporarily unable to meet fi-
nancial obligations related to housing, including 
deposits, due to delayed disbursement of vouch-
ers for education and training made available 
under section 677 of part E of title IV of the 
Social Security Act or delays attributable to the 
institution.’’; and 
(2) by adding at the end the following: 
‘‘(30) The institution certifies that the institu-
tion— 
‘‘(A) has designated an appropriate staff 
person, who may also be a coordinator for other 
programs, as a single point of contact to assist 
homeless children and youths (as such term is 
defined in section 725 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11434a)) 
and foster care children and youth in accessing 
and completing postsecondary education; 
‘‘(B) posts public notice about student fi-
nancial assistance and other assistance available 
to homeless children and youths and foster care 
children and youth, including their eligibility as 
independent students under subparagraphs (B) 
and (H) of section 480(d)(1); 
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‘‘(C) gives priority for any institutionally 
owned or operated housing facilities, including 
student housing facilities that remain open for 
occupation during school breaks or on a year- 
round basis, to— 
‘‘(i) homeless children and youths (as 
such term is defined in section 725 of the 
McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11434a)); 
‘‘(ii) youths who are unaccompanied, 
at risk of homelessness, and self-sup-
porting; and 
‘‘(iii) foster care children and youth; 
‘‘(D) has developed a plan for how home-
less children and youths, youths who are unac-
companied, at risk of homelessness, and self- 
supporting, and foster care children and youth 
can access housing resources during and be-
tween academic terms, through means that may 
include access to institutionally owned or oper-
ated housing during breaks and a list of hous-
ing resources in the community that provide 
short-term housing; and 
‘‘(E) has included, in its application for 
admission, questions (to be answered volun-
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tarily) regarding the applicant’s status as a 
homeless child or youth or foster care child or 
youth, that— 
‘‘(i) can be answered by the applicant 
voluntarily for the limited purpose of being 
provided information about financial aid or 
any other available assistance; and 
‘‘(ii) explain the key terms in the 
question in a manner children and youth 
can understand in order to self-identify 
and declare eligibility as a homeless child 
or youth or foster care child or youth.’’. 
SEC. 5. FEDERAL TRIO PROGRAMS. 
Section 402A of the Higher Education Act of 1965 
(20 U.S.C. 1070a–11) is amended— 
(1) in subsection (c)(6), by striking the last 
sentence and inserting the following: ‘‘The Secretary 
shall require each applicant for funds under the pro-
grams authorized by this chapter to identify and 
conduct outreach to foster care children and youth 
and homeless children and youths (as such term is 
defined in section 725 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11434a)), and 
make available to foster care children and youth and 
homeless children and youths services under such 
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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, fos-
ter care children and youth, homeless children and 
youths, and’’. 
SEC. 6. TALENT SEARCH. 
Section 402B(d) of the Higher Education Act of 
1965 (20 U.S.C. 1070a–12(d)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) require an assurance that the entity car-
rying out the project has reviewed and revised poli-
cies and practices as needed to remove barriers to 
the participation and retention in the project of 
homeless children and youths (as such term is de-
fined in section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a)), including 
unaccompanied youths, and foster care children and 
youth; 
‘‘(6) require that such entity submit, as part of 
the application for the project, a description of the 
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activities that will be undertaken to reach out to 
homeless children and youths and foster care chil-
dren and youth as part of the project; and 
‘‘(7) require an assurance that such entity will 
prepare and submit the report required under sec-
tion 402H(e) at the conclusion of the project regard-
ing homeless children and youths and foster care 
children and youth.’’. 
SEC. 7. UPWARD BOUND. 
Section 402C(e) of the Higher Education Act of 1965 
(20 U.S.C. 1070a–13(e)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) require an assurance that the entity car-
rying out the project has reviewed and revised poli-
cies and practices as needed to remove barriers to 
the participation and retention in the project of 
homeless children and youths (as such term is de-
fined in section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a)), including 
unaccompanied youths, and foster care children and 
youth; 
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‘‘(7) require that such entity submit, as part of 
the application, a description of the activities that 
will be undertaken to reach out to homeless children 
and youths and foster care children and youth re-
garding the project; and 
‘‘(8) require an assurance that such entity will 
prepare and submit the report required under sec-
tion 402H(e) at the conclusion of the project regard-
ing homeless children and youths and foster care 
children and youth.’’. 
SEC. 8. STUDENT SUPPORT SERVICES. 
Section 402D(e) of the Higher Education Act of 
1965 (20 U.S.C. 1070a–14(e)) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (6)(B), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(7) require an assurance that the entity car-
rying out the project has reviewed and revised poli-
cies and practices as needed to remove barriers to 
the participation and retention in the project of 
homeless children and youths (as such term is de-
fined in section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a)), including 
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unaccompanied youths, and foster care children and 
youth; 
‘‘(8) require that such entity submit, in the ap-
plication for the project, a description of the activi-
ties that will be undertaken to reach out to homeless 
children and youths, and foster care children and 
youth, who are enrolled or accepted for enrollment 
at the institution; and 
‘‘(9) require an assurance that such entity will 
prepare and submit the report required under sec-
tion 402H(e) at the conclusion of the project regard-
ing homeless children and youths and foster care 
children and youth.’’. 
SEC. 9. EDUCATIONAL OPPORTUNITY CENTERS. 
Section 402F(c) of the Higher Education Act of 1965 
(20 U.S.C. 1070a–16(c)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) require an assurance that the entity car-
rying out the project has reviewed and revised poli-
cies and practices as needed to remove barriers to 
the participation and retention in the project of 
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homeless children and youths (as such term is de-
fined in section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a)), including 
unaccompanied youths, and foster care children and 
youth; 
‘‘(6) require that such entity submit, as part of 
the application, a description of the activities that 
will be undertaken to reach out to homeless children 
and youths and foster care children and youth re-
garding the project; and 
‘‘(7) require an assurance that such entity will 
prepare and submit the report required under sec-
tion 402H(e) at the conclusion of the project regard-
ing homeless children and youths and foster care 
children and youth.’’. 
SEC. 10. REPORTS AND EVALUATIONS. 
Section 402H of the Higher Education Act of 1965 
(20 U.S.C. 1070a–18) is amended by adding at the end 
the following: 
‘‘(e) REPORT REGARDING HOMELESS CHILDREN 
AND
YOUTHS
AND
FOSTER
CARE
CHILDREN
AND 
YOUTH.—Each entity carrying out a project under section 
402B, 402C, 402D, or 402F shall, at the conclusion of 
the project, prepare and submit a report to the Secretary 
that includes— 
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‘‘(1) data on the number of homeless children 
and youths (as such term is defined in section 725 
of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11434a)) and foster care children and youth 
served through the project; and 
‘‘(2) a description of any strategies or program 
enhancements that were used in the project and that 
were effective in meeting the needs of homeless chil-
dren and youths and foster care children and 
youth.’’. 
SEC. 11. GAINING EARLY AWARENESS AND READINESS FOR 
UNDERGRADUATE PROGRAMS. 
Section 404C(a)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1070a–23(a)(2)) 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) describe how the eligible entity will 
facilitate the participation of foster care chil-
dren and youth and homeless children and 
youths (as such term is defined in section 725 
of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a)), including— 
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‘‘(i) how the eligible entity will iden-
tify foster care children and youth and 
homeless children and youths, in collabora-
tion with child welfare agencies, homeless 
shelters, and local educational agency liai-
sons for homeless children and youths des-
ignated under section 722(g)(1)(J)(ii) of 
the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11432(g)(1)(J)(ii)); 
‘‘(ii) how the eligible entity will collect 
and submit to the Secretary data on the 
number of homeless children and youths 
and foster care children and youth served; 
and 
‘‘(iii) the policies and practices the eli-
gible entity will adopt to remove barriers to 
the participation of homeless children and 
youths and foster care children and youth, 
including policies to facilitate continued 
participation despite changes in residence 
resulting from homelessness or foster care 
placement and policies consistent with the 
McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11301 et seq.).’’. 
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SEC. 12. GRANT FOR FEDERAL WORK-STUDY PROGRAMS. 
Section 443(b)(6) of the Higher Education Act of 
1965 (42 U.S.C. 2753(b)(6)) is amended by inserting ‘‘, 
and prioritize employment for students who are currently 
or formerly homeless children and youths (as such term 
is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)) or foster care children 
and youth’’ after ‘‘thereof’’. 
SEC. 13. EXCLUDABLE INCOME. 
Section 480(e) of the Higher Education Act of 1965 
(20 U.S.C. 1087vv(e)) is amended by striking paragraph 
(5) and inserting the following: 
‘‘(5) payments made and services provided 
under part E of title IV of the Social Security Act, 
including the value of vouchers for education and 
training made available under section 477 of such 
Act, and any payments made directly to the youth 
as part of an extended foster care program pursuant 
to such part E; and’’. 
SEC. 14. CONSOLIDATING QUESTIONS REGARDING HOME-
LESS STATUS IN FAFSA. 
Section 483(a)(4) of the Higher Education Act of 
1965 (20 U.S.C. 1090(a)(4)) is amended by adding at the 
end the following: 
‘‘(C) 
SINGLE
QUESTION
REGARDING 
HOMELESS
STATUS.—The Secretary shall en-
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sure that, on each form developed under this 
section for which the information is applicable, 
there is a single, easily understood screening 
question to identify an applicant for aid who 
is— 
‘‘(i) an unaccompanied homeless child 
or youth (as such term is defined in sec-
tion 725 of the McKinney-Vento Homeless 
Assistance Act); or 
‘‘(ii) an unaccompanied youth who is 
self-supporting and at risk of homeless-
ness.’’. 
SEC. 15. IN-STATE TUITION RATES FOR HOMELESS CHIL-
DREN OR YOUTHS AND FOSTER CARE CHIL-
DREN AND YOUTH. 
Section 135 of the Higher Education Act of 1965 (20 
U.S.C. 1015d) is amended— 
(1) in the section heading, by inserting ‘‘AND 
FOSTER
CARE
CHILDREN
AND
YOUTH’’ after 
‘‘CHILDREN’’; 
(2) in subsection (a)— 
(A) by striking ‘‘(a) REQUIREMENT.—In 
the case’’ and inserting the following: 
‘‘(a) REQUIREMENT.— 
‘‘(1) ARMED FORCES.—In the case’’; and 
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(B) by adding at the end the following: 
‘‘(2) HOMELESS
CHILDREN
OR
YOUTHS
AND 
FOSTER CARE CHILDREN OR YOUTH.—In the case of 
a homeless child or youth or a foster care child or 
youth, such State shall not charge such individual 
tuition for attendance at a public institution of high-
er education in the State at a rate that is greater 
than the rate charged for residents of the State.’’; 
and 
(3) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) EFFECTIVE DATE.— 
‘‘(1) ARMED FORCES.—With respect to an indi-
vidual 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 in-
stitution that begins after July 1, 2009. 
‘‘(2) HOMELESS
CHILDREN
OR
YOUTHS
AND 
FOSTER CARE CHILDREN OR YOUTH.—With respect 
to an individual described in subsection (a)(2), this 
section shall take effect at each public institution of 
higher education in a State that receives assistance 
under this Act for the first period of enrollment at 
such institution that begins during the first full 
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award year following the date of enactment of the 
Higher Education Access and Success for Homeless 
and Foster Youth Act. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ARMED
FORCES.—The terms ‘armed 
forces’ and ‘active duty for a period of more than 30 
days’ have the meanings given those terms in section 
101 of title 10, United States Code. 
‘‘(2) HOMELESS CHILDREN AND YOUTHS.—The 
term ‘homeless children and youths’ has the mean-
ing given the term in section 725 of the McKinney- 
Vento 
Homeless 
Assistance 
Act 
(42 
U.S.C. 
11434a).’’. 
Æ 
VerDate Sep 11 2014 
20:17 Nov 23, 2015
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E:\BILLS\H4043.IH
H4043
emcdonald on DSK67QTVN1PROD with BILLS