[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2849 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2849
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 SENATE OF THE UNITED STATES
September 19, 2023
Mr. Casey (for himself, Mr. Brown, Ms. Smith, Mr. Lujan, Ms. Klobuchar,
and Ms. Stabenow) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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 Representatives 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''.
SEC. 2. FORMULA GRANTS TO STATES TO IMPROVE HIGHER 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 individual
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 McKinney-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 Assistance 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 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 ACCESS TO AND SUCCESS
IN HIGHER EDUCATION 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 having 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--
``(I) not more than 3 percent for
grants to Indian Tribes, consortia of
Indian Tribes, or Tribal organizations;
and
``(II) not more than 2 percent for
grants to territories.
``(ii) Requirements.--In awarding grants
under this subparagraph, the Secretary--
``(I) shall not award a grant under
subclause (I) or (II) of clause (i) for
a fiscal year for which no Indian Tribe
(or consortium of Indian Tribes) or
Tribal organization, or territory,
respectively, submits a satisfactory
application for a grant under such
subclause;
``(II) shall require that any
Indian Tribe, consortium, Tribal
organization, or territory that
receives a grant under this
subparagraph provide an assurance of a
partnership among relevant education,
child welfare, and homeless agencies or
organizations; and
``(III) may determine any other
requirements with respect to such
grants (including the allocation,
application, and use of fund
requirements), which to the extent
possible, shall be consistent with the
requirements for States under this
part, except that appropriate
adjustments shall be made based on the
needs and size of populations served by
the Indian Tribe, consortium, Tribal
organization, or territory applying for
the grant.
``(B) Reservation for department activities.--From
the amount appropriated under subsection (h) for a
fiscal year, the Secretary 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
required by subsection (g)(1); and
``(ii) not more than 3 percent for
administrative 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 allotted 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 year, the State may reserve
not more than 5 percent for administrative expenses.
``(3) Temporary ineligibility for subsequent 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 annual
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
described 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
``(III) using funds as required
under subsections (d) and (e).
``(B) Reinstatement.--If the Secretary determines
that a State is ineligible under subparagraph (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 subsection.
``(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 Secretary--
``(A) at such time and in such manner as the
Secretary may require; and
``(B) containing the information described in
paragraph (2).
``(2) Information required.--An application submitted under
paragraph (1) shall include the following:
``(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.
``(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 characteristics
of the populations targeted for participation in the
statewide transition initiative under subsection (d),
with attention to the diverse 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, and the Runaway and Homeless
Youth Act (34 U.S.C. 11201 et seq.), and other services
provided to foster youth and homeless youth by the
State.
``(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 partner with
State educational agencies, local educational agencies,
institutions of higher education, State and local child
welfare authorities, and other relevant organizations
that serve foster youth or homeless youth.
``(J) An assurance that the State will submit 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 Secretary 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), a State receiving a grant award under this
section shall use not less than 25 percent of the funds to--
``(A) provide intensive outreach and support to
foster youth and homeless youth to--
``(i) improve the understanding and
preparation of foster youth and homeless youth
for enrollment in institutions of higher
education;
``(ii) increase the number of applications
to institutions of higher education submitted
by foster youth and homeless youth; and
``(iii) increase the number of enrollments
of foster youth and homeless youth 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
education;
``(iii) financial aid opportunities for
enrollment at an institution of higher
education;
``(iv) the Federal and State services and
benefits available to foster youth and homeless
youth while enrolled at an institution of
higher education, including health and mental
health services;
``(v) career exploration; and
``(vi) financial literacy training,
including 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 educational
and training voucher program referred to in
section 477(i) of the Social Security Act (42
U.S.C. 677(i)); 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
individuals first attend an institution of higher
education.
``(2) Required consultation and coordination.--In carrying
out the activities described in paragraph (1), a State shall
consult and coordinate with State educational agencies, local
educational agencies, institutions of higher education, State
and local child welfare authorities, and other relevant
organizations that serve foster youth or homeless youth.
``(e) Subgrants To Create Institutions of Excellence.--
``(1) In general.--Subject to subsection (b)(2), a State
receiving a grant under this section shall, acting through the
administering State agency, 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 institutions
of excellence by improving access, retention, and completion
rates at eligible institutions for foster and homeless 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 information as the State may
require.
``(B) Technical assistance.--Each State receiving
an allotment under this section shall provide outreach
and technical assistance to eligible institutions with
respect to applications for subgrants under this
subsection.
``(3) Activities.--An eligible institution that receives a
subgrant under this subsection shall use the subgrant 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-enrollment.
``(D) Provide institutional aid to such students 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 resources
available during periods of non-enrollment.
``(F) Subsidize any fees for such students
associated with orientation and offer free
transportation to the orientation or move-in week at
the eligible institution.
``(G) Hire and provide training for at least one
full-time staff member at the eligible institution to
serve as a point of contact to provide case management
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 relevant 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 health
services (physical and mental) that meet the specific
needs of foster youth and homeless youth.
``(J) Establish or expand early alert systems to
identify and support such students who may be
struggling academically.
``(K) For each such student with reasonable,
unanticipated expenses that would not be covered by the
institutional aid provided under subparagraph (D) and
that would be necessary for the student to persist in
higher education during an academic year, provide the
student with access to an emergency grant to help cover
such expenses.
``(L) Collect, review, and monitor data for program
improvement.
``(4) Reliance on institutional aid or emergency grants.--
Any institutional aid or emergency grant funds provided to a
student under subparagraph (D) or (K) of paragraph (3) by an
eligible institution during the period of the institution's
subgrant under this subsection shall continue to be provided
during the student's continuous enrollment at the institution,
without regard to whether the subgrant 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
executive of the State to administer the
subgrants 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.
``(B) Eligible institution.--The term `eligible
institution' means an institution of higher education
that--
``(i) is in partnership with--
``(I) the State child welfare
agency that is responsible for the
administration 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 shelter
or outreach program); and
``(ii) 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;
``(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 activities
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 receiving
subgrants, including how such institutions used subgrant funds
to carry out the activities described in subsection (e)(3).
``(g) Department Activities.--
``(1) Evaluations.--Beginning on the date on which funds
are first allotted under subsection (b), 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 Department.
``(2) Report to congress.--Not later than 1 year after the
date on which funds are first allotted under subsection (b),
and annually thereafter, the Secretary shall submit a report to
Congress that includes--
``(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 evaluations under
paragraph (1).
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for fiscal year
2024 and each of the 5 succeeding fiscal years.''.
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