I 
118TH CONGRESS 
1ST SESSION H. R. 5562 
To amend the Higher Education Act of 1965 to provide formula grants 
to States to improve higher education opportunities for foster youth 
and homeless youth, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2023 
Mr. DAVIS of Illinois (for himself and Mr. KRISHNAMOORTHI) 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 provide 
formula grants to States to improve higher education 
opportunities for foster youth and homeless youth, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fostering Success in 
Higher Education Act of 2023’’. 
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SEC. 2. FORMULA GRANTS TO STATES TO IMPROVE HIGH-
ER EDUCATION OPPORTUNITIES FOR FOSTER 
YOUTH AND HOMELESS YOUTH. 
Title VII of the Higher Education Act of 1965 (20 
U.S.C. 1133 et seq.) is amended by adding at the end 
the following: 
‘‘PART F—GRANTS FOR IMPROVING ACCESS TO 
AND SUCCESS IN HIGHER EDUCATION FOR 
FOSTER YOUTH AND HOMELESS YOUTH 
‘‘SEC. 791. DEFINITIONS. 
‘‘In this part: 
‘‘(1) 
FOSTER
YOUTH.—The 
term 
‘foster 
youth’— 
‘‘(A) means an individual whose care and 
placement is the responsibility of the State or 
tribal agency that administers a State or tribal 
plan under part B or E of title IV of the Social 
Security Act (42 U.S.C. 621 et seq.; 670 et 
seq.), without regard to whether foster care 
maintenance payments are made under section 
472 of such Act (42 U.S.C. 672) on behalf of 
the individual; and 
‘‘(B) includes any individual— 
‘‘(i) whose care and placement was 
the responsibility of such a State or tribal 
agency when, or at any time after, the in-
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dividual attained 13 years of age, without 
regard to whether foster care maintenance 
payments were made under section 472 of 
such Act (42 U.S.C. 672) on behalf of the 
individual; and 
‘‘(ii) who is no longer under the care 
and responsibility of such a State or tribal 
agency, without regard to any subsequent 
adoption, guardianship arrangement, or 
other form of permanency option. 
‘‘(2) HOMELESS YOUTH.—The term ‘homeless 
youth’ has the meaning given the term ‘homeless 
children and youths’ in section 725 of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 
11434a). 
‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 
The terms ‘Indian Tribe’ and ‘Tribal organization’ 
have the meanings given the terms in section 4 of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304). 
‘‘(4) STATE.—The term ‘State’ means each of 
the several States and the District of Columbia. 
‘‘(5) TERRITORY.—The term ‘territory’ means 
the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, the 
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Commonwealth of the Northern Mariana Islands, 
the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau. 
‘‘SEC. 792. FORMULA GRANTS TO STATES TO IMPROVE AC-
CESS TO AND SUCCESS IN HIGHER EDU-
CATION FOR FOSTER YOUTH AND HOMELESS 
YOUTH. 
‘‘(a) GRANT PROGRAM ESTABLISHED.—From the 
amount appropriated under subsection (h), the Secretary 
shall make allotments under subsection (b), to States hav-
ing applications approved under subsection (c), to enable 
each State to— 
‘‘(1) carry out the statewide transition initiative 
described in subsection (d); and 
‘‘(2) make subgrants described in subsection 
(e). 
‘‘(b) ALLOTMENTS.— 
‘‘(1) FORMULA.— 
‘‘(A) RESERVATION
FOR
INDIAN
TRIBES 
AND TERRITORIES.— 
‘‘(i) IN GENERAL.—From the amount 
appropriated under subsection (h) for a 
fiscal year and subject to clause (ii), the 
Secretary shall reserve— 
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‘‘(I) not more than 3 percent for 
grants to Indian Tribes, consortia of 
Indian Tribes, or Tribal organiza-
tions; and 
‘‘(II) not more than 2 percent for 
grants to territories. 
‘‘(ii) REQUIREMENTS.—In awarding 
grants under this subparagraph, the Sec-
retary— 
‘‘(I) shall not award a grant 
under subclause (I) or (II) of clause 
(i) for a fiscal year for which no In-
dian Tribe (or consortium of Indian 
Tribes) or Tribal organization, or ter-
ritory, respectively, submits a satisfac-
tory application for a grant under 
such subclause; 
‘‘(II) shall require that any In-
dian Tribe, consortium, Tribal organi-
zation, or territory that receives a 
grant under this subparagraph pro-
vide an assurance of a partnership 
among relevant education, child wel-
fare, and homeless agencies or organi-
zations; and 
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‘‘(III) may determine any other 
requirements with respect to such 
grants (including the allocation, appli-
cation, and use of fund requirements), 
which to the extent possible, shall be 
consistent with the requirements for 
States under this part, except that ap-
propriate adjustments shall be made 
based on the needs and size of popu-
lations served by the Indian Tribe, 
consortium, Tribal organization, or 
territory applying for the grant. 
‘‘(B) RESERVATION FOR DEPARTMENT AC-
TIVITIES.—From 
the 
amount 
appropriated 
under subsection (h) for a fiscal year, the Sec-
retary may reserve— 
‘‘(i) not more than 7 percent to— 
‘‘(I) provide technical assistance, 
in consultation with the Secretary of 
Health and Human Services, to 
States carrying out activities under 
this section; and 
‘‘(II) complete the evaluations re-
quired by subsection (g)(1); and 
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‘‘(ii) not more than 3 percent for ad-
ministrative expenses. 
‘‘(C) ALLOTMENTS.—From the amount 
appropriated under subsection (h) for a fiscal 
year and remaining after the Secretary reserves 
funds under subparagraphs (A) and (B), the 
Secretary shall allot to each State the greater 
of— 
‘‘(i) $500,000; or 
‘‘(ii) the amount that bears the same 
proportion to the remaining appropriated 
amount for such fiscal year as the number 
of foster youth and homeless youth in the 
State bears to the number of foster youth 
and homeless youth in all States. 
‘‘(D) 
RATABLE
REDUCTION.—If 
the 
amount appropriated under subsection (h) for a 
fiscal year and remaining after the Secretary 
reserves funds under subparagraphs (A) and 
(B) is less than the amount required to be allot-
ted to States under subparagraph (C), then the 
amount of the allotment to each State shall be 
ratably reduced. 
‘‘(2) STATE RESERVATION.—From the amounts 
awarded a State under paragraph (1)(C) for a fiscal 
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