Higher Education Access and Success for Homeless and Foster Youth Act of 2022
This bill requires certain actions to support access to higher education for children and youth who are homeless or in foster care.
Among other provisions, the bill requires institutions of higher education (IHEs) participating in financial aid programs to give priority to these students for any on-campus housing during and between academic terms. Further, the bill requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing.
The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6666 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6666
To amend the Higher Education Act of 1965 to improve the financial aid
process for homeless and foster care youth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2022
Ms. Clark of Massachusetts (for herself and Mr. Young) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
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 paragraph (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>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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