I 
108TH CONGRESS 
2D SESSION 
H. R. 4003
To amend the Higher Education Act of 1965 to improve the ability of 
foster care youths to attend and succeed in higher education. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2004
Mr. GEORGE MILLER of California (for himself, Mr. DAVIS of Illinois, Ms. 
CARSON of Indiana, Mr. RYAN of Ohio, Mr. VAN HOLLEN, Mr. OWENS, 
Mr. BISHOP of New York, Mr. HOLT, Mr. KUCINICH, Mr. ANDREWS, Mr. 
STARK, and Mr. KILDEE) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
A BILL 
To amend the Higher Education Act of 1965 to improve 
the ability of foster care youths to attend and succeed 
in higher education.
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 ‘‘Foster Opportunities 
for Success Through Higher Education Reform’’ or the 
‘‘FOSTER Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) Recent studies by the Center for the Study 
of Social Policy, Casey Family Programs, and the 
Packard Foundation demonstrate that many of the 
20,000 children aging out of foster care each year 
face unique challenges as they enter the adult world: 
a greater likelihood of becoming teen parents, de-
pendence on public assistance, participation in sub-
stance abuse, homelessness, and involvement with 
the criminal justice system compared to youth in the 
general population. 
(2) According to a study of foster care children 
in Washington State, a child who enters foster care 
is likely to have poorer academic outcomes than chil-
dren not in foster care, even after controlling for a 
variety of factors such as poverty. 
(3) A follow-up study in Wisconsin found that 
37 percent of youth had not completed their high 
school education when interviewed 12 to 18 months 
after discharge from foster care. 
(4) A study of African American males in the 
Ohio foster care system found that in the sixth 
grade, African American males in foster care had 
significantly lower scores than 1 or more of the 4 
comparison groups (all students, all African Amer-
foster care youth in accessing and completing 
postsecondary education; and 
‘‘(D) coordinate with the State social serv-
ices and child welfare departments in order to 
facilitate the outreach and technical assistance 
efforts for prospective students who are foster 
care youth; and 
‘‘(2) contain such additional information and 
assurances as the Secretary may require. 
‘‘(d) SELECTION
OF APPLICANTS.—The Secretary 
shall select institutions of higher education for the award 
of grants under this section on the basis of identifying 
those institutions that are most likely to be able to suc-
cessfully carry out the program under this section and 
serve the goal of expanding higher educational opportuni-
ties for foster care youth. 
‘‘SEC. 408B. HOUSING FOR FOSTER CARE YOUTH. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated under section 408E(b), the Secretary shall pro-
vide grants to institutions of higher education to ensure 
basic housing during the regular academic school year, in-
cluding interim housing during regular periods of dor-
mitory closing (excluding summer break), for those foster 
care youth living in college dormitories.
‘‘(b) APPLICATIONS.—An institution seeking a grant 
under this section shall submit an application to the Sec-
retary containing such information as the Secretary may 
require. 
‘‘(c) SELECTION
OF APPLICANTS.—The Secretary 
shall select institutions of higher education for the award 
of grants under this section on the basis of identifying 
those institutions that are most likely to be able to suc-
cessfully carry out the program under this section and 
serve the goal of expanding higher educational opportuni-
ties for foster care youth. 
‘‘SEC. 408C. COORDINATION. 
‘‘(a) COORDINATION WITH THE JOHN H. CHAFEE 
FOSTER CARE INDEPENDENCE PROGRAM.—The Sec-
retary shall ensure that activities under this chapter are 
coordinated with programs under section 477(i) of the So-
cial Security Act (42 U.S.C. 6383). 
‘‘(b) COORDINATION WITH TRIO AND GEARUP.—
Each recipient of funds under the programs authorized 
by chapters 1 and 2 of this subpart shall identify services 
to foster care youth as a permissible service in those pro-
grams, and ensure that such youth receive supportive serv-
ices, including mentoring, tutoring, and other services pro-
vided by those programs.
‘‘SEC. 408D. ELIGIBLE FOSTER CARE YOUTH. 
‘‘(a) IN GENERAL.—An individual shall be treated as 
a foster care youth eligible for services and benefits under 
this chapter if such individual is—
‘‘(1) a youth for whom the State or an entity 
licensed by the State has responsibility for place-
ment, care, or supervision, and includes youth in fos-
ter homes, group homes, or kinship care; or 
‘‘(2) a high school senior or student currently 
enrolled in a postsecondary education program who 
is older than 18 years old and is no longer living 
with his or her foster family, as long as he or she 
was under State care until age 18. 
‘‘(b) KINSHIP CARE.—For a youth to be eligible as 
receiving kinship care, the State or an entity licensed by 
the State must have intervened on the youth’s behalf and 
a court of competent jurisdiction must have issued a court 
order of dependency and the court order or the State or 
the entity licensed by the State must have placed the 
youth in legal kinship care. A youth who is residing with 
his or her relatives in any other type of situation is not 
eligible as receiving kinship care. 
‘‘SEC. 408E. AUTHORIZATION. 
‘‘(a) TECHNICAL ASSISTANCE AND OUTREACH SERV-
ICES.—There are authorized to be appropriated for grants 
under section 408A, such sums as may be necessary for
fiscal year 2005 and for each of the 5 succeeding fiscal 
years. 
‘‘(b) HOUSING FOR FOSTER CARE YOUTH.—There 
are authorized to be appropriated for grants under section 
408B, such sums as may be necessary for fiscal year 2005 
and for each of the 5 succeeding fiscal years.’’. 
SEC. 4. FAIR TREATMENT FOR FOSTER CARE YOUTH IN FI-
NANCIAL NEED ANALYSIS. 
(a) COST
OF ATTENDANCE.—Section 472 of the 
Higher Education Act of 1965 (20 U.S.C. 1087ll) is 
amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(11); 
(2) by striking the period at the end of para-
graph (12) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (12) the fol-
lowing new paragraph: 
‘‘(13) in the case of a foster care youth who is 
eligible for services or benefits under section 408D, 
an additional amount equal to 50 percent of the sum 
determined under the preceding paragraphs, rep-
resenting the reasonable living additional expenses of 
such a youth.’’.
(b) ADVISORY COMMITTEE ON STUDENT FINANCIAL 
ASSISTANCE.—Section 491(j) of the Higher Education 
Act of 1965 (20 U.S.C. 1098(j)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) examine methods for expanding access to 
Federal financial aid by foster care youth who are 
eligible for services or benefits under section 408D, 
and for simplifying the application process for such 
youth.’’. 
(c) FAFSA REVISION.—Section 483(a)(1) of the 
Higher Education Act of 1965 (20 U.S.C. 1090(a)(1)) is 
amended by inserting after the third sentence the fol-
lowing new sentence: ‘‘Such data elements shall include 
an identification of whether the student is a foster care 
youth who is eligible for services or benefits under section 
408D.’’. 
(d) 
ASSESSMENT
AND
FOLLOW-UP.—Section 
485(a)(1)(L) of the Higher Education Act of 1965 (20 
U.S.C. 1092(a)(1)(L)) is amended by inserting before the 
semicolon at the end the following: ‘‘, and, commencing
with the 2004–2005 academic year, the retention rates of 
students who voluntarily provide to the institution of high-
er education their status as emancipated foster care 
youth’’.
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