[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2028 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2028
To amend the Higher Education Act of 1965 to authorize a program to
recognize institutions of higher education that offer outstanding
services and programs for foster and homeless youth, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. Kildee (for himself, Mr. Bacon, Ms. Bass, Ms. Castor of Florida,
Mr. Fitzpatrick, Mr. Garbarino, Mr. Hastings, Mr. Katko, Mr. Langevin,
Mrs. Lawrence, Mr. Lawson of Florida, Mr. Lowenthal, Mr. Meijer, Mr.
Posey, Mr. San Nicolas, and Mr. Soto) 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 authorize a program to
recognize institutions of higher education that offer outstanding
services and programs for foster 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 Postsecondary Success for
Foster and Homeless Youth Act of 2021''.
SEC. 2. RECOGNITION OF FOSTER AND HOMELESS YOUTH FRIENDLY INSTITUTIONS
OF HIGHER EDUCATION.
Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et
seq.) is amended by adding at the end the following new part:
``PART BB--FOSTER AND HOMELESS YOUTH FRIENDLY INSTITUTIONS
``SEC. 899. RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH
FRIENDLY INSTITUTIONS OF HIGHER EDUCATION.
``(a) General Authority.--The Secretary shall recognize eligible
institutions that offer outstanding support services and other programs
tailored to the needs of foster care youth and homeless youth.
``(b) Designation.--An eligible institution recognized by the
Secretary under subsection (a) shall be designated as `Foster and
Homeless Youth Friendly'.
``(c) Application.--To be considered for recognition under
subsection (a), an eligible institution shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require. At a minimum, each
application shall include a detailed description of the programs and
services for foster care youth and homeless youth that are offered by
the institution, which may include programs and services such as--
``(1) mentorship programs that formally match foster care
youth and homeless youth with a peer or adult mentor;
``(2) academic support services to supplement or complement
the classroom instruction provided to foster care youth and
homeless youth;
``(3) housing assistance programs under which the
institution provides--
``(A) on-campus or off-campus housing directly to
foster care youth and homeless youth; or
``(B) financial support to cover the housing costs
of foster care youth and homeless youth;
``(4) life and workforce skills development programs that
teach or enhance the skills that foster care youth and homeless
youth may require to be successful in their personal and
professional lives;
``(5) financial aid or scholarships available exclusively
to foster care youth and homeless youth;
``(6) counseling or mental health services provided by a
licensed professional with expertise in serving foster care
youth and homeless youth;
``(7) case management services and efforts to facilitate
participation in other Federal assistance programs for which
students may be eligible; and
``(8) such other programs and services as the Secretary
determines to be appropriate in consultation with the
individuals and entities described in subsection (e).
``(d) Selection Process.--
``(1) General requirements.--
``(A) Annual, merit-based selection.--On an annual
basis, the Secretary shall select eligible institutions
for recognition under subsection (a) from among
institutions that submit applications to the Secretary
under subsection (c). The Secretary shall select such
institutions on a competitive basis, based solely on
merit.
``(B) Geographic diversity not required.--The
Secretary shall not consider geographic diversity among
the States as a factor in the selection of eligible
institutions for recognition under subsection (a).
``(2) Criteria and procedures.--Consistent with paragraph
(1), the Secretary shall issue guidelines setting forth
criteria and procedures for the selection of institutions for
recognition under subsection (a). The guidelines shall be
developed and implemented as follows:
``(A) Draft guidelines.--Not later than 180 days
after the date of the enactment of this section, the
Secretary shall issue draft guidelines, which shall be
made available for public comment for a period of not
less than 90 days.
``(B) Revised guidelines.--Not later than 90 days
after the end of the public comment period specified in
subparagraph (A), the Secretary shall issue revised
guidelines, which shall be made available for public
comment for a period of not less than 30 days.
``(C) Final guidelines.--Not later than 30 days
after the end of the public comment period specified in
subparagraph (B), the Secretary shall publish and
implement the final guidelines.
``(e) Consultation.--In carrying out the program under this
section, the Secretary shall consult with appropriate individuals and
entities outside the Department of Education, which may include--
``(1) other Federal agencies;
``(2) State agencies;
``(3) institutions of higher education;
``(4) nonprofit and advocacy organizations;
``(5) current and former foster care youth; and
``(6) students who have experienced homelessness.
``(f) Information Sharing.--On an annual basis, the Secretary shall
publish, on a publicly accessible website of the Department of
Education--
``(1) a profile of each institution recognized under
subsection (a) in the most recent year; and
``(2) a comprehensive list of all institutions previously
recognized under subsection (a).
``(g) Ensuring Continuity of Quality Programs and Services for
Foster and Homeless Youth.--
``(1) Institutional review.--
``(A) In general.--Not less frequently than once
every five years, the Secretary shall review each
institution recognized under subsection (a) to
determine whether the programs and services provided by
the institution continue to meet the criteria required
for such recognition.
``(B) Notice.--If the Secretary determines under
subparagraph (A) that an institution no longer meets
the criteria for recognition under subsection (a), the
Secretary shall transmit written notice of such
determination to the institution.
``(C) Revocation.--After transmitting the notice
required under subparagraph (B), the Secretary shall--
``(i) revoke the institution's recognition
under subsection (a); and
``(ii) remove the profile established for
the institution under subsection (f)(1) from
the website of the Department of Education.
``(D) Reapplication.--An institution that loses
recognition under subsection (a) may reapply for such
recognition in a subsequent application year.
``(2) Briefing.--Not later than 3 years after the date of
enactment of this section, and not less frequently than once
every 2 years thereafter, the Secretary shall provide to
Congress a briefing that identifies--
``(A) strategies used by institutions that proved
effective in meeting the needs of foster care youth and
homeless youth; and
``(B) recommendations on how to improve programs
and services for foster care youth and homeless youth.
``SEC. 899A. TRAINING, EVALUATION, AND INFORMATION CENTER.
``(a) In General.--Not later than two years after the date of
enactment of this section, the Secretary shall establish a Center for
Fostering Postsecondary Success for Foster and Homeless Youth (referred
to in this section as the `Center').
``(b) Duties.--The duties of the Center shall be to assist
institutions of higher education in establishing and maintaining
programs for foster care youth and homeless youth, including by--
``(1) providing technical assistance;
``(2) collecting, evaluating, and delivering information on
best practices for such programs; and
``(3) maintaining resources to help foster care youth and
homeless youth navigate postsecondary education.
``(c) Cooperative Agreement.--For the purpose of carrying out this
section, the Secretary may enter into cooperative agreements with one
or more organizations with expertise in support services and other
programs tailored to the needs of foster care youth and homeless youth,
including--
``(1) nonprofit nongovernmental organizations;
``(2) Federal and State government agencies;
``(3) institutions of higher education, including public,
private, and land-grant colleges and universities; and
``(4) such other organizations as the Secretary determines
to be appropriate.
``(d) Priority.--In entering into agreements with organizations
under subsection (c), the Secretary shall give priority to
organizations that--
``(1) are capable of engaging with foster care youth and
homeless youth and programs that serve such youth and
demonstrate expertise in understanding the unique needs of such
youth;
``(2) demonstrate the capacity to effectively implement
outreach, training, and coordination functions;
``(3) are capable of producing instructional materials that
can easily be replicated and distributed to institutions of
higher education in multiple formats;
``(4) have working partnerships with--
``(A) nonprofit and private sector organizations;
and
``(B) local, State, and Tribal governments;
``(5) have the ability to work in underserved communities;
and
``(6) have an organizational mission aligned with goals of
the program under this part.
``(e) Rule of Construction.--Nothing in this section shall be
construed to provide the Center with the authority to issue mandates
to, or impose requirements on, any institution of higher education.
``(f) Limitation on Use of Funds.--
``(1) Limitation on use of funds for establishment.--Of the
funds made available to carry out this part for each of fiscal
years 2021 and 2022, the Secretary may use not more than
$2,000,000 in each fiscal year to establish the Center.
``(2) Limitation on use of funds for operation.--Of the
funds made available to carry out this part for each fiscal
year beginning after fiscal year 2022, the Secretary may use
not more than $1,000,000 in each fiscal year to support the
operations of the Center.
``SEC. 899B. DEFINITIONS.
``In this part:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education (as
defined in section 101); or
``(B) a postsecondary educational institution
operated or controlled by the Bureau of Indian
Education.
``(2) Foster care youth.--The term `foster care youth'
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, including any such individual who was in such
care on or after attaining 13 years of age and without regard
to the reason the individual left such care.
``(3) 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).''.
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