Sec. 2. Definitions
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Section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) ) is amended— in paragraph (1)(H)— in the matter preceding clause (i)— by striking during the school year in which the application is submitted ; by inserting age 23 or younger after unaccompanied youth ; and by striking terms are and inserting term is ; in clause (i), by inserting , or a designee of the liaison after Act ; in clause (ii), by striking a program funded under the Runaway and Homeless Youth Act and inserting an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth, ; and in clause (iii), by striking program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) and inserting Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A, ; and by adding at the end the following:
A financial aid administrator shall accept a homelessness determination made by any individual authorized to make such determinations under clause (i), (ii), or
(iii)of paragraph (1)(H) in the absence of conflicting information. A documented phone call with, or a written statement from, one of the authorized individuals is sufficient verification when needed. For purposes of this paragraph, a financial aid administrator's disagreement with the determination made by an authorized individual shall not be considered conflicting information. A financial aid administrator shall make a determination of independence under paragraph (1)(H) if a student does not have, and cannot get, documentation from any of the other designated authorities described in such paragraph. This determination is based on the definitions outlined in paragraph (1)(H) and is distinct from a determination of independence under paragraph (1)(I). The determination may be based on a documented interview with the student if there is no written documentation available. A financial aid administrator shall limit such determination to whether the student meets the definitions in paragraph (1)(H) and shall not inquire about the reasons for the student's homelessness. A determination under paragraph (1)(H) for a student— shall be made as quickly as practicable; may be made as early as the year before the award year for which the student initially submits an application; and shall be made no later than during the award year for which the student initially submits an application. Any student who is determined to be independent under paragraph (1)(H) for a preceding award year at an institution shall be presumed to be independent for a subsequent award year at the same institution unless— the student informs the institution that circumstances have changed; or the institution has specific conflicting information about the student’s independence, and has informed the student of this information and the opportunity to challenge such information through a documented interview or an impartial review by the Student Loan Ombudsman pursuant to section 141(f)(3)(C). . Section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ) is amended by adding at the end the following: The term foster care children and youth — 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 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. .
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