I 
115TH CONGRESS 
1ST SESSION H. R. 3742
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 12, 2017
Mr. DANNY K. DAVIS of Illinois (for himself, Mr. KRISHNAMOORTHI, Mr. 
SCOTT of Virginia, and Mrs. DAVIS of California) introduced the fol-
lowing 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 2017’’. 
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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 new part: 
‘‘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 of the individual. 
‘‘(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. 450). 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(5) STATE.—The term ‘State’ means each of 
the several States and the District of Columbia. 
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‘‘(6) TERRITORY.—The term ‘territory’ means 
Puerto Rico, United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the 
Northern Mariana Islands, the Republic of the Mar-
shall 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 initia-
tive described in subsection (d); and 
‘‘(2) make subgrants described in subsection 
(e). 
‘‘(b) ALLOCATIONS.—
‘‘(1) FORMULA.—
‘‘(A) RESERVATION
FOR
INDIAN
TRIBES 
AND TERRITORIES.—
‘‘(i) IN GENERAL.—From the amount 
appropriated under subsection (h) for a 
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fiscal year and subject to clause (ii), the 
Secretary shall reserve—
‘‘(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-
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fare, and homeless agencies or organi-
zations; and 
‘‘(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 Secretary of 
Health and Human Services, to 
States carrying out activities under 
this section; and 
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‘‘(II) complete the evaluations re-
quired by subsection (g)(1); and 
‘‘(ii) not more than 3 percent for ad-
ministrative expenses. 
‘‘(C) ALLOCATIONS.—From the amount 
appropriated under subsection (h) for fiscal 
year and remaining after the Secretary reserves 
funds under subparagraphs (A) and (B), the 
Secretary shall allocate to each State the great-
er 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 allo-
cated to States under subparagraph (C), then 
the amount of the allocation to each State shall 
be ratably reduced. 
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‘‘(2) STATE RESERVATION.—From the amounts 
awarded a State under paragraph (1)(C) for a fiscal 
year, the State may reserve not more than 5 percent 
for administrative expenses. 
‘‘(3) TEMPORARY
INELIGIBILITY
FOR
SUBSE-
QUENT PAYMENTS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
determine a State to be temporarily ineligible to 
receive a grant payment under this subsection 
for a fiscal year if—
‘‘(i) the State fails to submit an an-
nual report under subsection (f) for the 
preceding fiscal year; or 
‘‘(ii) the Secretary determines, based 
on information in such annual report, that 
the State is not effectively—
‘‘(I) meeting the outcomes de-
scribed in the application of such 
State under subsection (c)(2)(C), and 
does not have a plan to improve the 
outcomes; 
‘‘(II) monitoring and evaluating 
the activities under subsections (d) 
and (e); or 
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‘‘(III) using funds as required 
under subsections (d) and (e). 
‘‘(B) REINSTATEMENT.—If the Secretary 
determines that a State is ineligible under sub-
paragraph (A), the Secretary may enter into an 
agreement with the State setting forth the 
terms and conditions under which the State 
may regain eligibility to receive payments under 
this section. 
‘‘(c) APPLICATIONS.—
‘‘(1) IN
GENERAL.—For each fiscal year for 
which a State desires an allotment under subsection 
(b), the State shall submit an application to the Sec-
retary at such time, in such manner, and containing 
the information described in paragraph (2). 
‘‘(2) INFORMATION REQUIRED.—An application 
submitted under paragraph (1) shall include the fol-
lowing: 
‘‘(A) A plan for how the State will carry 
out the activities under subsections (d) and (e). 
‘‘(B) A description of the State’s capacity 
to carry out such activities. 
‘‘(C) A description of intended outcomes 
for such activities. 
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‘‘(D) A plan for how the State will monitor 
and evaluate such activities, including how the 
State will use data to continually update and 
improve such activities. 
‘‘(E) A description of how students will be 
identified and recruited for participation in the 
Statewide transition initiative under subsection 
(d). 
‘‘(F) An estimate of the number and char-
acteristics of the populations targeted for par-
ticipation in the Statewide transition initiative 
under subsection (d) with attention to the di-
verse needs of homeless youth and foster youth 
in the State. 
‘‘(G) A description of how the State will 
coordinate services provided under the grant 
with services provided to foster youth and 
homeless youth under the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11301 et 
seq.), the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.), the Run-
away and Homeless Youth Act (42 U.S.C. 5701 
et seq.), and other services provided to foster 
youth and homeless youth by the State. 
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‘‘(H) An assurance that the State will 
comply with subtitle B of title VII of the 
McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11431 et seq.). 
‘‘(I) An assurance that the State will part-
ner with State educational agencies, local edu-
cational agencies, institutions of higher edu-
cation, State and local child welfare authorities, 
and other relevant organizations that serve fos-
ter youth or homeless youth. 
‘‘(J) An assurance that the State will sub-
mit the annual report required under subsection 
(f). 
‘‘(K) A budgetary analysis of the use of 
funds awarded under this section. 
‘‘(L) Such other information as the Sec-
retary may require. 
‘‘(d) STATEWIDE TRANSITION INITIATIVE.—
‘‘(1) USE
OF
FUNDS.—Subject to subsection 
(b)(2), and in consultation and coordination with the 
entities described in paragraph (2) of this sub-
section, a State receiving a grant award under this 
section shall use not less than 25 percent of the 
funds to—
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‘‘(A) provide intensive outreach and sup-
port to foster youth and homeless youth to—
‘‘(i) improve the understanding and 
preparation of such youth for enrollment in 
institutions of higher education; 
‘‘(ii) increase the number of applica-
tions to institutions of higher education 
submitted by such youth; and 
‘‘(iii) increase the number of enroll-
ments at institutions of higher education; 
‘‘(B) provide education to foster youth and 
homeless youth with respect to—
‘‘(i) the benefits and opportunities of 
postsecondary education; 
‘‘(ii) planning for postsecondary edu-
cation; 
‘‘(iii) financial aid opportunities for 
enrollment at an institution of higher edu-
cation; 
‘‘(iv) the Federal and State services 
and benefits available to foster youth and 
homeless youth while enrolled at an insti-
tution of higher education, including health 
and mental health services; 
‘‘(v) career exploration; and 
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‘‘(vi) financial literacy training, in-
cluding security from identity theft; 
‘‘(C) assist foster youth and homeless 
youth with submitting applications for—
‘‘(i) enrollment at an institution of 
higher education; 
‘‘(ii) financial aid for such enrollment; 
and 
‘‘(iii) scholarships available for such 
students, including under a State edu-
cational and training voucher program re-
ferred to in section 477(i) of the Social Se-
curity Act; and 
‘‘(D) provide free programming, which may 
include free transportation to and from such 
programming, for foster youth and homeless 
youth to prepare such individuals socially and 
academically for the rigors of postsecondary 
education during the summer before such indi-
viduals first attend an institution of higher edu-
cation. 
‘‘(2) REQUIRED CONSULTATION AND COORDI-
NATION.—In carrying out the activities described in 
paragraph (1), a State shall consult and coordinate 
with State educational agencies, local educational 
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agencies, institutions of higher education, State and 
local child welfare authorities, and other relevant or-
ganizations that serve foster youth or homeless 
youth. 
‘‘(e) SUBGRANTS TO CREATE INSTITUTIONS OF EX-
CELLENCE.—
‘‘(1) IN GENERAL.—Subject to the subsection 
(b)(2), a State receiving a grant under this section 
shall, acting through the administering State agen-
cy, use not less than 70 percent of the funds to 
award, on a competitive basis, subgrants to eligible 
institutions to enable such institutions to become in-
stitutions of excellence by improving college access, 
retention, and completion rates for foster and home-
less youth as described in paragraph (3). 
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—An eligible institution 
desiring a subgrant under this subsection shall 
submit an application to the State in which 
such eligible institution is located, at such time, 
in such manner, and containing such informa-
tion as the State may require. 
‘‘(B) 
TECHNICAL
ASSISTANCE.—States 
shall provide outreach and technical assistance 
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to eligible institutions with respect to applica-
tions for subgrants under this subsection. 
‘‘(3) ACTIVITIES.—An eligible institution that 
receives a grant under this subsection shall use the 
grant funds to carry out the following activities with 
respect to homeless youth and foster youth: 
‘‘(A) Provide flexibility and assistance in 
completing the application process to enroll at 
such institution. 
‘‘(B) Coordinate programs with relevant 
on- and off-campus stakeholders to increase the 
enrollment of such youth at the institution and 
align services at the institution for such youth. 
‘‘(C) Adjust the cost of attendance for 
such youth at such eligible institution to include 
the cost of housing during periods of non-enroll-
ment. 
‘‘(D) Provide institutional aid to such stu-
dents to meet the cost of attendance that is not 
covered by other Federal or State educational 
grants. 
‘‘(E) Provide outreach to such students to 
ensure that such youth are aware of housing re-
sources available during periods of non-enroll-
ment. 
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‘‘(F) Subsidize any fees for such students 
associated with orientation and offer free trans-
portation to college orientation or move-in week. 
‘‘(G) Hire and provide training for at least 
one full-time staff at the eligible institution to 
serve as a point of contact to provide case man-
agement services and monthly face-to-face 
meetings with students who are foster youth or 
homeless youth. Such individual shall have an 
advanced degree and at least two years of rel-
evant experience. 
‘‘(H) Establish or enhance campus support 
programs to provide such students with a wide-
range of on-campus services including—
‘‘(i) assistance with financial aid; 
‘‘(ii) career advice; and 
‘‘(iii) leadership development. 
‘‘(I) Ensure the availability of robust stu-
dent health services (physical and mental) that 
meet the specific needs of foster youth and 
homeless youth. 
‘‘(J) Establish or expand early alert sys-
tems to identify and support such students who 
may be struggling academically. 
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‘‘(K) Collect, review, and monitor data for 
program improvement. 
‘‘(4) RELIANCE ON INSTITUTIONAL AID.—Any 
institutional aid provided to a student under para-
graph (3)(D) by an eligible institution during the 
grant period of the institution’s grant under this 
section shall continue to be provided during the stu-
dent’s continuous enrollment at the institution, with-
out regard to whether the grant period ends during 
such enrollment. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) ADMINISTERING
STATE
AGENCY.—
The term ‘administering State agency’ means a 
State agency—
‘‘(i) designated by the Governor or ex-
ecutive of the State to administer the sub-
grants under this subsection; and 
‘‘(ii) that, with respect to such State, 
has jurisdiction over—
‘‘(I) foster youth; 
‘‘(II) homeless youth; 
‘‘(III) elementary and secondary 
education; or 
‘‘(IV) higher education. 
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‘‘(B) ELIGIBLE
INSTITUTION.—The term 
‘eligible institution’ means an institution of 
higher education—
‘‘(i) that is in partnership with—
‘‘(I) the State child welfare agen-
cy that is responsible for the adminis-
tration of the State plan under part B 
or E of title IV of the Social Security 
Act (42 U.S.C. 621 et seq.; 670 et 
seq.); and 
‘‘(II) an organization that serves 
homeless youth (such as a youth shel-
ter or outreach program); and 
‘‘(ii) that may partner with any other 
provider, agency, official, or entity that 
serves foster youth and homeless youth, or 
former foster youth and homeless youth. 
‘‘(f) STATE REPORTS.—For each year in which a 
State receives an allotment under subsection (b), the State 
shall prepare and submit a report to the Secretary that 
includes—
‘‘(1) each activity or service that was carried 
out under this section; 
‘‘(2) the cost of providing each such activity or 
service; 
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‘‘(3) the number of students who received each 
activity or service disaggregated by demographics; 
‘‘(4) using qualitative and quantitative analysis, 
how the State—
‘‘(A) improved access to higher education 
for foster youth and homeless youth; and 
‘‘(B) measured youth satisfaction with ac-
tivities carried out under this part; 
‘‘(5) an analysis of the implementation and 
progress of the Statewide transition initiative under 
subsection (d), including challenges and changes 
made to the initiative throughout the preceding year; 
‘‘(6) if, based on the analysis under paragraph 
(5), the State determines that the program is not on 
track to meet the intended outcomes described in the 
application of the State under subsection (c)(2)(C), 
a description of how the State plans to meet such 
intended outcomes; and 
‘‘(7) information on the eligible institutions re-
ceiving subgrants, including how such institutions 
used subgrant funds to carry out the activities de-
scribed in subsection (e)(3). 
‘‘(g) DEPARTMENT ACTIVITIES.—
‘‘(1) EVALUATIONS.—Beginning on the date on 
which funds are first allotted under subsection (b), 
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and annually thereafter, the Secretary shall evaluate 
recipients of allotments and subgrants under this 
section. The results of such evaluations shall be 
made publicly available on the website of the De-
partment. 
‘‘(2) REPORT TO CONGRESS.—Not later than 1 
year after the date on which funds are first allocated 
under subsection (b), and annually thereafter, the 
Secretary shall submit a report to Congress that in-
cludes—
‘‘(A) the amount of each allotment under 
subsection (b); 
‘‘(B) the amount of each subgrant under 
subsection (e); and 
‘‘(C) with respect to the year for which 
such report is made, the results of the evalua-
tions under paragraph (1). 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$150,000,000 for fiscal year 2018 and each of the 5 suc-
ceeding fiscal years.’’.
Æ
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