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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5221 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5221
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
August 15, 2023
Ms. Sherrill (for herself, Mr. Posey, Mr. Bacon, Mrs. Ramirez, Mr.
Veasey, Mr. Fitzpatrick, Ms. Dean of Pennsylvania, Mr. Kim of New
Jersey, Ms. Bonamici, Ms. Scanlon, and Mr. Carson) 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
_______________________________________________________________________
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
2023''.
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 such 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 any other
Federal program who, without further action by the Department
of Housing and Urban Development, has been verified as homeless
under any other 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
any other 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) Rule of Construction.--If the Secretary of Housing and Urban
Development promulgates rules, issues guidance, or sets forth
conditions in any application, notice of funding availability, or other
publication or advisory regarding the provisions of this Act, the
Secretary shall ensure that--
``(1) any individual defined as `homeless' under section
103 is eligible for any program or program component under this
Act; and
``(2) all individuals defined as `homeless' under
subsection (a) proposed to be served by an applicant, and all
proposed program components or housing or service models, are
given the same priority, points, or weight.'';
(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) in paragraph (2)(A)--
(i) in clause (i), by striking ``and
lives'' and all that follows through
``shelter'' and inserting ``under any provision
of section 103'';
(ii) in clause (ii), by striking ``and
living or residing in a place not meant for
human habitation, a safe haven, or in an
emergency shelter continuously'' and inserting
``under any provision of section 103''; and
(iii) in clause (iii)--
(I) by striking ``(or a minor head
of household if no adult is present in
the household)'' and inserting ``or a
minor head of household (if no adult is
present in the household),''; and
(II) by inserting before the period
at the end the following: ``, or has a
child with a disability, as such term
is defined in section 602 of the
Individuals with Disabilities Education
Act (20 U.S.C. 1401), or an infant or
toddler with a disability, as such term
is defined in section 632 of such Act
(20 U.S.C. 1432)'';
(C) by striking paragraph (7);
(D) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(E) by inserting after paragraph (1) the following:
``(2) Child or youth defined as homeless under any other
federal program.--The term `child or youth defined as homeless
under any other 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 24 years of age;
``(ii) cannot live safely with a parent,
legal guardian, or relative; and
``(iii) has no other safe alternative
living arrangement.'';
(F) in paragraph (10)(A), by inserting ``any
provision of'' before ``section 103'';
(G) by redesignating paragraphs (16) through (35)
as paragraphs (17) through (36), respectively;
(H) by inserting after paragraph (15) the
following:
``(16) 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 (34), as so redesignated, by
inserting ``children under 5 years of age, youth and
young adults between 14 and 24 years of age,'' after
``status, or age),'';
(J) in paragraph (35), as so redesignated, by
inserting ``trafficking,'' after ``victims of''; and
(K) in paragraph (36), 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 (42 U.S.C. 11364) 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 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
``(C) length of time experiencing homelessness.'';
(5) in section 422 (42 U.S.C. 11382)--
(A) in subsection (c)(1)(B), by striking
``establish'' and inserting ``demonstrate local, needs-
based''; and
(B) by striking subsection (j) and inserting the
following:
``(j) Rule of Construction.--In awarding grants under subsection
(a) and releasing a notification of funding availability under
subsection (b), the Secretary shall--
``(1) without further action by the Department, ensure that
any individual defined as `homeless' under any provision of
section 103 is eligible for any program or program component
under this Act;
``(2) ensure that homeless populations proposed to be
served by the applicant, and proposed program components or
housing or service models, are not awarded different priority,
points, or weight; and
``(3) ensure that scoring is based primarily on the extent
to which the applicant demonstrates that the project and
program components--
``(A) would meet the priorities identified in the
plan submitted under section 427(b)(1)(B); and
``(B) are cost-effective in meeting the overall
goals and objectives identified in that plan.'';
(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''; and
(iv) by striking subparagraphs (F) and (G)
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 24 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
``(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 all homeless individuals identified and
reported by any program funded under any provision of this Act
or any other Federal statute (as such term is defined in
section 401 (42 U.S.C. 11360)).'';
(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, reducing
recidivism, and promoting self-sufficiency and
independent living.
``(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;
``(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;
``(B) data on programs funded under any other
Federal statute; and
``(3) provide information on--
``(A) the extent to which the data collected under
section 427(b)(3) may be duplicative; and
``(B) the policies and practices employed to
account for such duplication, where applicable, to
ensure an accurate point-in-time count.
``(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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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