I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fostering Postsec5 ondary Success for Foster and Homeless Youth Act of 

6 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2028 IH

1 SEC. 2. RECOGNITION OF FOSTER AND HOMELESS YOUTH 

2 FRIENDLY INSTITUTIONS OF HIGHER EDU3 CATION. 

4 Title VIII of the Higher Education Act of 1965 (20 

5 U.S.C. 1161a et seq.) is amended by adding at the end 

6 the following new part: 

7 ‘‘PART BB—FOSTER AND HOMELESS YOUTH 

8 FRIENDLY INSTITUTIONS 

9 ‘‘SEC. 899. RECOGNITION OF FOSTER CARE YOUTH AND 

10 HOMELESS YOUTH FRIENDLY INSTITUTIONS 

11 OF HIGHER EDUCATION. 

12 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall 

13 recognize eligible institutions that offer outstanding sup14 port services and other programs tailored to the needs of 

15 foster care youth and homeless youth. 

16 ‘‘(b) DESIGNATION.—An eligible institution recog17 nized by the Secretary under subsection (a) shall be des18 ignated as ‘Foster and Homeless Youth Friendly’. 

19 ‘‘(c) APPLICATION.—To be considered for recognition 

20 under subsection (a), an eligible institution shall submit 

21 to the Secretary an application at such time, in such man22 ner, and containing such information as the Secretary may 

23 require. At a minimum, each application shall include a 

24 detailed description of the programs and services for foster 

25 care youth and homeless youth that are offered by the inVerDate Sep 11 2014 23:49 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2028.IH H2028

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2028 IH

1 stitution, which may include programs and services such 

2 as— 

3 ‘‘(1) mentorship programs that formally match 

4 foster care youth and homeless youth with a peer or 

5 adult mentor; 

6 ‘‘(2) academic support services to supplement 

7 or complement the classroom instruction provided to 

8 foster care youth and homeless youth; 

9 ‘‘(3) housing assistance programs under which 

10 the institution provides— 

11 ‘‘(A) on-campus or off-campus housing di12 rectly to foster care youth and homeless youth; 

13 or 

14 ‘‘(B) financial support to cover the housing 

15 costs of foster care youth and homeless youth; 

16 ‘‘(4) life and workforce skills development pro17 grams that teach or enhance the skills that foster 

18 care youth and homeless youth may require to be 

19 successful in their personal and professional lives; 

20 ‘‘(5) financial aid or scholarships available ex21 clusively to foster care youth and homeless youth; 

22 ‘‘(6) counseling or mental health services pro23 vided by a licensed professional with expertise in 

24 serving foster care youth and homeless youth; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2028 IH

1 ‘‘(7) case management services and efforts to 

2 facilitate participation in other Federal assistance 

3 programs for which students may be eligible; and 

4 ‘‘(8) such other programs and services as the 

5 Secretary determines to be appropriate in consulta6 tion with the individuals and entities described in 

7 subsection (e). 

8 ‘‘(d) SELECTION PROCESS.— 

9 ‘‘(1) GENERAL REQUIREMENTS.— 

10 ‘‘(A) ANNUAL, MERIT-BASED SELEC11 TION.—On an annual basis, the Secretary shall 

12 select eligible institutions for recognition under 

13 subsection (a) from among institutions that 

14 submit applications to the Secretary under sub15 section (c). The Secretary shall select such in16 stitutions on a competitive basis, based solely 

17 on merit. 

18 ‘‘(B) GEOGRAPHIC DIVERSITY NOT RE19 QUIRED.—The Secretary shall not consider geo20 graphic diversity among the States as a factor 

21 in the selection of eligible institutions for rec22 ognition under subsection (a). 

23 ‘‘(2) CRITERIA AND PROCEDURES.—Consistent 

24 with paragraph (1), the Secretary shall issue guide25 lines setting forth criteria and procedures for the seVerDate Sep 11 2014 23:49 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2028.IH H2028

kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2028 IH

1 lection of institutions for recognition under sub2 section (a). The guidelines shall be developed and 

3 implemented as follows: 

4 ‘‘(A) DRAFT GUIDELINES.—Not later than 

5 180 days after the date of the enactment of this 

6 section, the Secretary shall issue draft guide7 lines, which shall be made available for public 

8 comment for a period of not less than 90 days. 

9 ‘‘(B) REVISED GUIDELINES.—Not later 

10 than 90 days after the end of the public com11 ment period specified in subparagraph (A), the 

12 Secretary shall issue revised guidelines, which 

13 shall be made available for public comment for 

14 a period of not less than 30 days. 

15 ‘‘(C) FINAL GUIDELINES.—Not later than 

16 30 days after the end of the public comment pe17 riod specified in subparagraph (B), the Sec18 retary shall publish and implement the final 

19 guidelines. 

20 ‘‘(e) CONSULTATION.—In carrying out the program 

21 under this section, the Secretary shall consult with appro22 priate individuals and entities outside the Department of 

23 Education, which may include— 

24 ‘‘(1) other Federal agencies; 

25 ‘‘(2) State agencies; 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2028 IH

1 ‘‘(3) institutions of higher education; 

2 ‘‘(4) nonprofit and advocacy organizations; 

3 ‘‘(5) current and former foster care youth; and 

4 ‘‘(6) students who have experienced homeless5 ness. 

6 ‘‘(f) INFORMATION SHARING.—On an annual basis, 

7 the Secretary shall publish, on a publicly accessible 

8 website of the Department of Education— 

9 ‘‘(1) a profile of each institution recognized 

10 under subsection (a) in the most recent year; and 

11 ‘‘(2) a comprehensive list of all institutions pre12 viously recognized under subsection (a). 

13 ‘‘(g) ENSURING CONTINUITY OF QUALITY PROGRAMS

14 AND SERVICES FOR FOSTER AND HOMELESS YOUTH.— 

15 ‘‘(1) INSTITUTIONAL REVIEW.— 

16 ‘‘(A) IN GENERAL.—Not less frequently 

17 than once every five years, the Secretary shall 

18 review each institution recognized under sub19 section (a) to determine whether the programs 

20 and services provided by the institution con21 tinue to meet the criteria required for such rec22 ognition. 

23 ‘‘(B) NOTICE.—If the Secretary deter24 mines under subparagraph (A) that an institu25 tion no longer meets the criteria for recognition 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2028 IH

1 under subsection (a), the Secretary shall trans2 mit written notice of such determination to the 

3 institution. 

4 ‘‘(C) REVOCATION.—After transmitting 

5 the notice required under subparagraph (B), 

6 the Secretary shall— 

7 ‘‘(i) revoke the institution’s recogni8 tion under subsection (a); and 

9 ‘‘(ii) remove the profile established for 

10 the institution under subsection (f)(1) 

11 from the website of the Department of 

12 Education. 

13 ‘‘(D) REAPPLICATION.—An institution 

14 that loses recognition under subsection (a) may 

15 reapply for such recognition in a subsequent ap16 plication year. 

17 ‘‘(2) BRIEFING.—Not later than 3 years after 

18 the date of enactment of this section, and not less 

19 frequently than once every 2 years thereafter, the 

20 Secretary shall provide to Congress a briefing that 

21 identifies— 

22 ‘‘(A) strategies used by institutions that 

23 proved effective in meeting the needs of foster 

24 care youth and homeless youth; and 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2028 IH

1 ‘‘(B) recommendations on how to improve 

2 programs and services for foster care youth and 

3 homeless youth. 

4 ‘‘SEC. 899A. TRAINING, EVALUATION, AND INFORMATION 

5 CENTER. 

6 ‘‘(a) IN GENERAL.—Not later than two years after 

7 the date of enactment of this section, the Secretary shall 

8 establish a Center for Fostering Postsecondary Success 

9 for Foster and Homeless Youth (referred to in this section 

10 as the ‘Center’). 

11 ‘‘(b) DUTIES.—The duties of the Center shall be to 

12 assist institutions of higher education in establishing and 

13 maintaining programs for foster care youth and homeless 

14 youth, including by— 

15 ‘‘(1) providing technical assistance; 

16 ‘‘(2) collecting, evaluating, and delivering infor17 mation on best practices for such programs; and 

18 ‘‘(3) maintaining resources to help foster care 

19 youth and homeless youth navigate postsecondary 

20 education. 

21 ‘‘(c) COOPERATIVE AGREEMENT.—For the purpose 

22 of carrying out this section, the Secretary may enter into 

23 cooperative agreements with one or more organizations 

24 with expertise in support services and other programs taiVerDate Sep 11 2014 23:49 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2028.IH H2028

kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2028 IH

1 lored to the needs of foster care youth and homeless youth, 

2 including— 

3 ‘‘(1) nonprofit nongovernmental organizations; 

4 ‘‘(2) Federal and State government agencies; 

5 ‘‘(3) institutions of higher education, including 

6 public, private, and land-grant colleges and univer7 sities; and 

8 ‘‘(4) such other organizations as the Secretary 

9 determines to be appropriate. 

10 ‘‘(d) PRIORITY.—In entering into agreements with 

11 organizations under subsection (c), the Secretary shall 

12 give priority to organizations that— 

13 ‘‘(1) are capable of engaging with foster care 

14 youth and homeless youth and programs that serve 

15 such youth and demonstrate expertise in under16 standing the unique needs of such youth; 

17 ‘‘(2) demonstrate the capacity to effectively im18 plement outreach, training, and coordination func19 tions; 

20 ‘‘(3) are capable of producing instructional ma21 terials that can easily be replicated and distributed 

22 to institutions of higher education in multiple for23 mats; 

24 ‘‘(4) have working partnerships with— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2028 IH

1 ‘‘(A) nonprofit and private sector organiza2 tions; and 

3 ‘‘(B) local, State, and Tribal governments; 

4 ‘‘(5) have the ability to work in underserved 

5 communities; and 

6 ‘‘(6) have an organizational mission aligned 

7 with goals of the program under this part. 

8 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to provide the Center with the au10 thority to issue mandates to, or impose requirements on, 

11 any institution of higher education. 

12 ‘‘(f) LIMITATION ON USE OF FUNDS.— 

13 ‘‘(1) LIMITATION ON USE OF FUNDS FOR ES14 TABLISHMENT.—Of the funds made available to 

15 carry out this part for each of fiscal years 2021 and 

16 2022, the Secretary may use not more than 

17 $2,000,000 in each fiscal year to establish the Cen18 ter. 

19 ‘‘(2) LIMITATION ON USE OF FUNDS FOR OPER20 ATION.—Of the funds made available to carry out 

21 this part for each fiscal year beginning after fiscal 

22 year 2022, the Secretary may use not more than 

23 $1,000,000 in each fiscal year to support the oper24 ations of the Center. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 2028 IH

1 ‘‘SEC. 899B. DEFINITIONS. 

2 ‘‘In this part: 

3 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi4 ble institution’ means— 

5 ‘‘(A) an institution of higher education (as 

6 defined in section 101); or 

7 ‘‘(B) a postsecondary educational institu8 tion operated or controlled by the Bureau of In9 dian Education. 

10 ‘‘(2) FOSTER CARE YOUTH.—The term ‘foster 

11 care youth’ means an individual whose care and 

12 placement is the responsibility of the State or Tribal 

13 agency that administers a State or Tribal plan 

14 under part B or E of title IV of the Social Security 

15 Act (42 U.S.C. 621 et seq.; 670 et seq.), without re16 gard to whether foster care maintenance payments 

17 are made under section 472 of such Act (42 U.S.C. 

18 672) on behalf of the individual, including any such 

19 individual who was in such care on or after attaining 

20 13 years of age and without regard to the reason the 

21 individual left such care. 

22 ‘‘(3) HOMELESS YOUTH.—The term ‘homeless 

23 youth’ has the meaning given the term ‘homeless 

24 children and youths’ in section 725 of the McKinVerDate Sep 11 2014 23:49 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2028.IH H2028

kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 2028 IH

1 ney-Vento Homeless Assistance Act (42 U.S.C. 

2 11434a).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS