[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4795 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4795

  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 SENATE OF THE UNITED STATES

                           September 7, 2022

Ms. Stabenow (for herself and Mr. Casey) 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 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 2022''.

SEC. 2. RECOGNITION OF FOSTER CARE YOUTH- 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 CARE YOUTH- 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 available for, and that serve, 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;
            ``(8) an institutional point of contact for such students; 
        and
            ``(9) 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 5 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 2 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 
        minority-serving institutions; and
            ``(4) such other organizations as the Secretary determines 
        to be appropriate.
    ``(d) Priority.--In entering into agreements with organizations 
under subsection (c), 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 resources and 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 2022 and 2023, 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 2023, 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).
            ``(4) Minority-serving institution.--The term `minority-
        serving institution' means an eligible institution described in 
        section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1067q(a)).''.
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