[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1511 Reported in House (RH)]
<DOC>
Union Calendar No. 858
115th CONGRESS
2d Session
H. R. 1511
[Report No. 115-1026, Part I]
To amend the McKinney-Vento Homeless Assistance Act to meet the needs
of homeless children, youth, and families, and honor the assessments
and priorities of local communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2017
Mr. Stivers (for himself and Mr. Loebsack) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committee on Education and the Workforce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
November 14, 2018
Reported from the Committee on Financial Services with amendments
[Omit the part struck through and insert the part printed in italic]
November 14, 2018
Referral to the Committee on Education and the Workforce extended for a
period ending not later than December 28, 2018
December 28, 2018
Additional sponsors: Mrs. Beatty, Mr. Walz, Mr. DeFazio, Ms. Jayapal,
Mr. Lipinski, Mrs. McMorris Rodgers, Mr. Pocan, Ms. Moore, Ms.
Bonamici, Mr. Fitzpatrick, Mr. Young of Iowa, Ms. Hanabusa, Mr.
Carbajal, Mr. Bacon, Mr. Posey, Ms. Sinema, Mr. Danny K. Davis of
Illinois, Mr. Clay, Mr. Hill, and Mr. Bera
December 28, 2018
Committee on Education and the Workforce discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to meet the needs
of homeless children, youth, and families, and honor the assessments
and priorities of local communities.
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 ``Homeless Children and Youth Act of
2017''.
SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
(a) In General.--The McKinney-Vento Homeless Assistance Act is
amended--
(1) in section 103 (42 U.S.C. 11302)--
(A) in subsection (a)--
(i) in paragraph (5)(A)--
(I) by striking ``are sharing'' and
all that follows through ``charitable
organizations,'';
(II) by striking ``14 days'' each
place that term appears and inserting
``30 days'';
(III) in clause (i), by inserting
``or'' after the semicolon;
(IV) by striking clause (ii); and
(V) by redesignating clause (iii)
as clause (ii); and
(ii) by amending paragraph (6) to read as
follows:
``(6) a child or youth defined as homeless under another
Federal program who, without further action by the Department
of Housing and Urban Development, has been verified as homeless
under another Federal program by the director, designee of the
director, or other person responsible for the implementation of
a program established under this Act or any other Federal
statute.''; and
(B) by adding at the end the following:
``(f) Other Definitions.--In this section--
``(1) the term `child or youth defined as homeless under
another Federal program' has the meaning given the term in
section 401; and
``(2) the term `other Federal statute' has the meaning
given the term in section 401.
``(g) Prohibition.--The Secretary of Housing and Urban Development
may not--
``(1) promulgate any rule with respect to the definition of
the terms `homeless', `homeless individual', and `homeless
person' in subsection (a); or
``(2) issue non-regulatory guidance or set forth in an
application, a notice of funding availability, or other
publication or advisory any statement or provision that--
``(A) has the effect of restricting eligibility for
assistance for any individual defined as `homeless'
under subsection (a) for any program or program
component under this Act; or
``(B) purports to be legally binding.'';
(2) in section 401 (42 U.S.C. 11360)--
(A) in paragraph (1)(C)--
(i) by striking clauses (ii) and (iv);
(ii) by redesignating clauses (iii), (v),
(vi), and (vii) as clauses (ii), (iii), (iv),
and (v), respectively; and
(iii) by striking the flush text following
clause (v), as so redesignated;
(B) by striking paragraph (7);
(C) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Child or youth defined as homeless under another
federal program.--The term `child or youth defined as homeless
under another Federal program' means--
``(A) a homeless child or youth, as defined in
section 725, including any parent or guardian with whom
the child or youth is living; and
``(B) a youth who--
``(i) is not more than 22 years of age;
``(ii) cannot live safely with a parent,
legal guardian, or relative; and
``(iii) has no other safe alternative
living arrangement.'';
(E) in paragraph (3)(A), as so redesignated--
(i) in clause (i), by striking ``and
lives'' and all that follows through
``shelter'' and inserting ``under any provision
of section 103''; and
(ii) in clause (iii), by striking ``(or a
minor head of household if no adult is present
in the household)'' and inserting ``, a minor
head of household (if no adult is present in
the household), or a child'';
(F) in paragraph (9)(A), by inserting ``any
provision of'' before ``section 103'';
(G) by redesignating paragraphs (14) through (33)
as paragraphs (15) through (34), respectively;
(H) by inserting after paragraph (13) the
following:
``(14) Other federal statute.--The term `other Federal
statute' includes--
``(A) the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.);
``(B) the Head Start Act (42 U.S.C. 9831 et seq.);
``(C) the Child Care and Development Block Grant of
1990 (42 U.S.C. 9858 et seq.);
``(D) subtitle N of the Violence Against Women Act
of 1994 (42 U.S.C. 14043e et seq.);
``(E) section 330(h) of the Public Health Service
Act (42 U.S.C. 254b(h));
``(F) section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786);
``(G) the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.); and
``(H) the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.).'';
(I) in paragraph (32), as so redesignated, by
inserting ``children under 5 years of age, youth and
young adults between 14 and 25 years of age,'' after
``status, or age),'';
(J) in paragraph (33), as so redesignated, by
inserting ``trafficking,'' after ``victims of''; and
(K) in paragraph (34), as so redesignated--
(i) by inserting ``victims of
trafficking,'' after ``assist'';
(ii) by striking ``stalking victims'' and
inserting ``stalking''; and
(iii) by inserting ``trafficking,'' after
``concerning'';
(3) in section 402(f) (42 U.S.C. 11360a(f))--
(A) in paragraph (1)(B), by inserting ``considering
the prevalence and needs of homeless individuals, as
defined under any provision of section 103'' after
``involved''; and
(B) in paragraph (3)(D)--
(i) in clause (v), by striking ``and'' at
the end;
(ii) by redesignating clause (vi) as clause
(vii); and
(iii) by inserting after clause (v) the
following:
``(vi) the submission of HMIS data to the
Secretary on at least an annual basis; and'';
(4) by inserting after section 408 the following:
``SEC. 409. AVAILABILITY OF HMIS DATA.
``(a) In General.--The community-wide homeless management
information system (in this section referred to as `HMIS') data
provided to the Secretary under section 402(f)(3)(D)(vi) shall be made
publically available on the Internet website of the Department of
Housing and Urban Development.
``(b) Required Data.--The data publically available under
subsection (a) shall be updated on at least an annual basis and shall
include--
``(1) a cumulative count of the number of homeless
individuals and families, as defined under any provision of
section 103;
``(2) a cumulative assessment of the patterns of assistance
provided under subtitles B and C for the each geographic area
involved;
``(3) a count of the number of homeless individuals and
families, as defined under any provision of section 103, that
are documented through the HMIS by each collaborative
applicant; and
``(4) a count of the number of homeless women, as defined
under any provision of section 103 and both unaccompanied and
accompanied, including a breakout of the count by--
``(A) age range;
``(B) disability; and
<DELETED> ``(C) trauma experience, such as child
abuse, sexual assault, or interpersonal violence
experienced during the lifetime of the woman and during
the preceding year, and if the woman is a veteran (as
defined in section 101 of title 38, United States
Code), during the period of service; and</DELETED>
``(D) (C) length of time experiencing
homelessness.'';
(5) in section 422 (42 U.S.C. 11382)--
(A) in subsection (a)--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Restrictions.--In awarding grants under paragraph
(1), the Secretary--
``(A) may not award greater priority, points, or
weight in scoring based solely on the specific homeless
populations proposed to be served by the applicant, or
the proposed program component or housing or service
model; and
``(B) shall ensure that scoring is based primarily
on the extent to which the applicant demonstrates that
the project and program components--
``(i) would meet the priorities identified
in the plan submitted under section
427(b)(1)(B); and
``(ii) are cost-effective in meeting the
overall goals and objectives identified in that
plan.'';
(B) in subsection (b)--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Restrictions.--Each notification of funding
availability described in paragraph (1) shall comply with the
restrictions described in subsection (a)(2).'';
(C) in subsection (c)(1)(B), by striking
``establish'' and inserting ``demonstrate local, needs-
based''; and
(D) by striking subsection (j);
(6) in section 424(d) (42 U.S.C. 11384(d)), by striking
paragraph (5);
(7) in section 425(c) (42 U.S.C. 11385(c)), by striking
``and (G) providing'' and inserting ``(G) providing
transportation to employment, early care and education
programs, career and technical education programs, and health
and mental health care services, and (H) providing'';
(8) in section 426(b) (42 U.S.C. 11386(b))--
(A) in paragraph (4), by amending subparagraph (D)
to read as follows:
``(D) in the case of programs providing housing or
services to families or youth, they will designate a
staff person to be responsible for ensuring that
children and youth being served in the program are--
``(i) enrolled in school and connected to
appropriate services in the community,
including Head Start, part C of the Individuals
with Disabilities Act, programs authorized
under the Child Care and Development Block
Grant Act of 1990, career and technical
education, and services provided by local
educational agency liaisons designated under
subtitle B of title VII of this Act; and
``(ii) in the case of an unaccompanied
youth, as defined in section 725, informed of
their status as an independent student under
section 480 of the Higher Education Act of 1965
(20 U.S.C. 1087vv) and receive verification of
such status for purposes of the Free
Application for Federal Student Aid described
in section 483 of such Act (20 U.S.C. 1090);
and'';
(B) in paragraph (6), by inserting ``the actual
compliance with the certifications required under
paragraph (4) and'' after ``Secretary''; and
(C) in paragraph (7)--
(i) by inserting ``and youth'' after
``needs of children'';
(ii) by inserting ``or unaccompanied
youth'' after ``when families'';
(iii) by inserting ``and unaccompanied
youth'' after ``with children''; and
(iv) by striking ``such children's'' and
inserting ``such children and youth's'';
(9) in section 427(b) (42 U.S.C. 11386a(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by adding
``and'' at the end;
(II) in clause (vii), by striking
``and'' at the end; and
(III) by striking clause (viii);
(ii) in subparagraph (B)--
(I) by amending clause (iii) to
read as follows:
``(iii) how the recipient will collaborate
with local educational agencies, early care and
education programs, and institutions of higher
education to assist in the identification of
and services to youth and families who become
or remain homeless, including the steps the
recipient will take to inform youth and
families of their eligibility for services
under part B of subtitle VII of this Act, the
Head Start Act (42 U.S.C. 9831 et seq.), the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.), and the Higher
Education Act of 1965 (20 U.S.C. 1001 et
seq.);''; and
(II) by striking clause (v) and
inserting the following:
``(v) how the recipient will ensure the
full implementation of the certifications and
agreements described in paragraphs (4)(D) and
(7) of section 426(b);'';
(iii) in subparagraph (C)(i), by inserting
``and appropriate'' after ``rapid'';
(iv) by striking subparagraph (F) and
inserting the following:
``(F) for communities that establish and operate a
centralized or coordinated assessment system, the
extent to which that system--
``(i) ensures that individuals who are most
in need of assistance receive it in a timely
manner;
``(ii) in assessing need under clause (i),
uses separate, specific, age-appropriate
criteria for assessing the safety and needs of
children under 5 years of age, school-age
children, unaccompanied youth and young adults
between 14 and 25 years of age, and families
that are unrelated to the criteria through
which an individual qualifies as `homeless'
under section 103;
``(iii) is accessible to unaccompanied
youth and homeless families;
``(iv) diverts individuals to safe, stable,
age-appropriate accommodations; and
``(v) includes affordable housing
developers, youth service providers, early
childhood programs, local educational agencies,
and mental health organizations; and''; and
(v) by amending subparagraph (G) to read as
follows:
``(G) such other factors as the Secretary
determines to be appropriate to carry out this subtitle
in an effective and efficient manner, except that such
factors may not have the effect of prioritizing or
weighting, unless justified by local data or
information contained in a plan submitted under
subparagraph (B)--
``(i) any service with respect to a
specific subpopulation of homeless individuals
over another; or
``(ii) any program component or housing or
service model over another.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Homelessness counts.--The Secretary shall require
that communities that conduct an annual count of homeless
people shall count homeless individuals as defined under any
provision of section 103.'';
(10) in section 428 (42 U.S.C. 11386b)--
(A) in subsection (a)(1)--
(i) by striking ``disabilities and'' and
inserting ``disabilities,''; and
(ii) by inserting ``, and homeless families
where a child has a disability'' before the
period at the end;
(B) in subsection (d)--
(i) in paragraph (1), by inserting
``promoting'' before ``independent''; and
(ii) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Prohibition.--The Secretary shall not provide bonuses
or other incentives under paragraph (1) that have the effect of
prioritizing or weighting, unless justified by local data or
information contained in a plan submitted under section
427(b)(1)(B)--
``(A) any service with respect to a specific
subpopulation of homeless individuals over another; or
``(B) any program component or housing or service
model over another.
``(3) Rule of construction.--For purposes of this
subsection, activities that have been proven to be effective at
reducing homelessness generally or reducing homelessness for a
specific subpopulation include any activity determined by the
Secretary, after providing notice and an opportunity for public
comment, to have been proven effective at--
``(A) reducing homelessness generally;
``(B) reducing homelessness for a specific
subpopulation;
``(C) reducing homelessness in a community for
populations overrepresented in any counts conducted in
that community under section 427(b)(3); or
``(D) achieving homeless prevention and promoting
independent living goals as set forth in section
427(b)(1)(F).
``(4) Encouraging local success and innovation.--In
providing bonuses or incentives under paragraph (1), the
Secretary shall seek to encourage the implementation of proven
strategies and innovation in reducing homelessness among the
local priority populations identified in the plan submitted by
an applicant under section 427(b)(1)(B). The Secretary shall
not implement bonuses or incentives that promote a national
priority established by the Secretary.''; and
(C) by striking subsection (e); and
(11) by amending section 434 (42 U.S.C. 11388) to read as
follows:
``SEC. 434. REPORTS TO CONGRESS.
``(a) In General.--The Secretary shall submit to Congress an annual
report, which shall--
``(1) summarize the activities carried out under this
subtitle and set forth the findings, conclusions, and
recommendations of the Secretary as a result of the activities;
and
``(2) include, for the year preceding the date on which the
report is submitted--
``(A) data required to be made publically available
in the report under section 409; and
``(B) data on programs funded under any other
Federal statute.
``(b) Timing.--A report under subsection (a) shall be submitted not
later than 4 months after the end of each fiscal year.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 note) is amended by inserting after the item relating to section
408 the following:
``Sec. 409. Availability of HMIS data.''.
Union Calendar No. 858
115th CONGRESS
2d Session
H. R. 1511
[Report No. 115-1026, Part I]
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to meet the needs
of homeless children, youth, and families, and honor the assessments
and priorities of local communities.
_______________________________________________________________________
December 28, 2018
Committee on Education and the Workforce discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed