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. LAN-
GEVIN, 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fostering Postsec-
ondary Success for Foster and Homeless Youth Act of 
2021’’. 
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SEC. 2. RECOGNITION OF FOSTER AND HOMELESS YOUTH 
FRIENDLY INSTITUTIONS OF HIGHER EDU-
CATION. 
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 sup-
port services and other programs tailored to the needs of 
foster care youth and homeless youth. 
‘‘(b) DESIGNATION.—An eligible institution recog-
nized by the Secretary under subsection (a) shall be des-
ignated 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 man-
ner, 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 in-
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stitution, 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 di-
rectly 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 pro-
grams 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 ex-
clusively to foster care youth and homeless youth; 
‘‘(6) counseling or mental health services pro-
vided by a licensed professional with expertise in 
serving foster care youth and homeless youth; 
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‘‘(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 consulta-
tion with the individuals and entities described in 
subsection (e). 
‘‘(d) SELECTION PROCESS.— 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) 
ANNUAL, 
MERIT-BASED
SELEC-
TION.—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 sub-
section (c). The Secretary shall select such in-
stitutions on a competitive basis, based solely 
on merit. 
‘‘(B) GEOGRAPHIC
DIVERSITY
NOT
RE-
QUIRED.—The Secretary shall not consider geo-
graphic diversity among the States as a factor 
in the selection of eligible institutions for rec-
ognition under subsection (a). 
‘‘(2) CRITERIA AND PROCEDURES.—Consistent 
with paragraph (1), the Secretary shall issue guide-
lines setting forth criteria and procedures for the se-
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lection of institutions for recognition under sub-
section (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 guide-
lines, 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 com-
ment 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 pe-
riod specified in subparagraph (B), the Sec-
retary shall publish and implement the final 
guidelines. 
‘‘(e) CONSULTATION.—In carrying out the program 
under this section, the Secretary shall consult with appro-
priate individuals and entities outside the Department of 
Education, which may include— 
‘‘(1) other Federal agencies; 
‘‘(2) State agencies; 
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‘‘(3) institutions of higher education; 
‘‘(4) nonprofit and advocacy organizations; 
‘‘(5) current and former foster care youth; and 
‘‘(6) students who have experienced homeless-
ness. 
‘‘(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 pre-
viously 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 sub-
section (a) to determine whether the programs 
and services provided by the institution con-
tinue to meet the criteria required for such rec-
ognition. 
‘‘(B) NOTICE.—If the Secretary deter-
mines under subparagraph (A) that an institu-
tion no longer meets the criteria for recognition 
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under subsection (a), the Secretary shall trans-
mit 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 recogni-
tion 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 ap-
plication 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 
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‘‘(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 infor-
mation 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 tai-
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lored 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 univer-
sities; 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 under-
standing the unique needs of such youth; 
‘‘(2) demonstrate the capacity to effectively im-
plement outreach, training, and coordination func-
tions; 
‘‘(3) are capable of producing instructional ma-
terials that can easily be replicated and distributed 
to institutions of higher education in multiple for-
mats; 
‘‘(4) have working partnerships with— 
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‘‘(A) nonprofit and private sector organiza-
tions; 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 sec-
tion shall be construed to provide the Center with the au-
thority 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 ES-
TABLISHMENT.—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 Cen-
ter. 
‘‘(2) LIMITATION ON USE OF FUNDS FOR OPER-
ATION.—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 oper-
ations of the Center. 
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‘‘SEC. 899B. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
ble institution’ means— 
‘‘(A) an institution of higher education (as 
defined in section 101); or 
‘‘(B) a postsecondary educational institu-
tion operated or controlled by the Bureau of In-
dian 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 re-
gard 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 McKin-
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ney-Vento Homeless Assistance Act (42 U.S.C. 
11434a).’’. 
Æ 
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