[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3409

  To create the conditions, structures, and supports needed to ensure 
    permanency for the Nation's unaccompanied youth, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

  Mr. Hinojosa (for himself, Ms. Carson, Mr. Payne, Mr. Grijalva, Ms. 
  Eddie Bernice Johnson of Texas, Ms. DeLauro, Mrs. Christensen, Ms. 
  Berkley, Mr. Al Green of Texas, Mr. Stark, Mr. Holt, Mrs. Davis of 
 California, and Mr. Davis of Illinois) introduced the following bill; 
  which was referred to the Committee on Education and Labor, and in 
  addition to the Committees on Ways and Means, Energy and Commerce, 
Financial Services, and the Judiciary, 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 create the conditions, structures, and supports needed to ensure 
    permanency for the Nation's unaccompanied 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 ``Place to Call Home Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; purpose.
      TITLE I--PREVENTION OF UNACCOMPANIED SITUATIONS AMONG YOUTH

Subtitle A--Reduction of Family Stressors Contributing to Unaccompanied 
                         Situations Among Youth

Sec. 101. Child abuse prevention and treatment programs.
Sec. 102. Increase in funding for the promoting safe and stable 
                            families program.
Sec. 103. Parental and youth substance abuse and mental illness.
Sec. 104. Curtailment of involuntary separation of children from their 
                            families.
     Subtitle B--Equal Protection of Youth in Child Welfare System

Sec. 111. Expanded eligibility for foster care and adoption assistance.
Sec. 112. Kinship guardianship assistance payments.
Sec. 113. Flexibility to establish separate standards for relative 
                            foster family homes.
Sec. 114. Application of standards to all children.
Sec. 115. Eligibility for foster care maintenance payments and adoption 
                            assistance payments through age 20.
Sec. 116.  Youth access to the child welfare system.
      Subtitle C--Reduction of Youth Institutional Discharge Into 
                              Homelessness

Sec. 121. Discharge from child welfare system.
Sec. 122. Receipt of certain juvenile justice formula grant funds 
                            conditioned on States' policies to ensure 
                            appropriate housing for juveniles released 
                            into the community and to reduce rates of 
                            runaways.
Sec. 123. Discharge planning from private and public inpatient health 
                            facilities required for purposes of certain 
                            Substance Abuse and Mental Health programs 
                            and the Medicaid program.
           TITLE II--YOUTH EMERGENCY AND TRANSITIONAL HOUSING

          Subtitle A--Runaway and Homeless Youth Act Programs

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Basic center program.
Sec. 204. Renovation.
Sec. 205. Transitional living grant program.
Sec. 206. Coordinating, training, research, and other activities.
Sec. 207. Report.
Sec. 208. National homeless youth awareness campaign.
Sec. 209. Grants for research evaluation, demonstration, and service 
                            projects.
Sec. 210. Sexual abuse prevention program.
Sec. 211. Performance standards.
Sec. 212. Appeals.
Sec. 213. Definition.
Sec. 214. Authorization of appropriations.
Sec. 215. Loan forgiveness for runaway and homeless youth workers.
                Subtitle B--HUD McKinney-Vento Programs

Sec. 221. Definition of homeless individual.
Sec. 222.  Eligibility of activities to provide family support services 
                            under emergency shelter grants program .
Sec. 223. Eligibility of family strengthening projects to prevent youth 
                            homelessness under supportive housing 
                            program.
      Subtitle C--John H. Chafee Foster Care Independence Program

Sec. 231. John H. Chafee Foster Care Independence Program.
           Subtitle D--Youth Offender Reentry Grants Program

Sec. 241. Establishment of program.
Sec. 242. Applications.
Sec. 243. Allotments to states.
Sec. 244. Use of funds.
Sec. 245. Penalties.
Sec. 246. Data collection and performance measurement.
Sec. 247. Evaluations.
Sec. 248. Limitations on authorization of appropriations.
Sec. 249. Educational and training vouchers.
     Subtitle E--Transitional Housing Program for Youth Victims of 
                     Commercial Sexual Exploitation

Sec. 251. Transitional housing assistance for youth victims of 
                            commercial sexual exploitation.
             TITLE III--YOUTH ACCESS TO SUPPORTIVE SERVICES

Sec. 301. Work Opportunity Credit.
Sec. 302. Unaccompanied youth access to Workforce Investment 
                            Activities.
Sec. 303. Unaccompanied youth access to public health services.
Sec. 304. Enhanced youth access to medical assistance under Medicaid.
      TITLE IV--YOUTH ACCESS TO ELEMENTARY AND SECONDARY EDUCATION

Sec. 401. Increased access to 21st Century Community Learning Centers.
Sec. 402. Education for homeless children and youths.
Sec. 403. Grants to increase student attendance.
            TITLE V--YOUTH ACCESS TO POSTSECONDARY EDUCATION

Sec. 501. Sense of Congress with respect to access to health care by 
                            minors at least 13 years of age.
Sec. 502. Financial assistance for disconnected students.
Sec. 503. Federal early outreach and student services programs for 
                            disconnected students.
Sec. 504. Projects to increase enrollment and success of disconnected 
                            students in postsecondary education.
Sec. 505. Continual access to student housing for homeless youth.
                   TITLE VI--YOUTH PERMANENT HOUSING

Sec. 601. Housing choice vouchers for rental assistance for homeless 
                            youth.
Sec. 602. Family unification vouchers for transitioning foster care 
                            youth.
Sec. 603. Inclusion of youth in housing plans.
Sec. 604. Sense of Congress regarding right of minors to enter into 
                            contracts for necessities.
Sec. 605. Transitional housing assistance for youth victims of 
                            commercial sexual exploitation.
Sec. 606. GAO study of housing assistance for low-income youth.
                    TITLE VII--YOUNG FAMILY CONCERNS

Sec. 701. TANF State plan amendment.
Sec. 702. Adult-supervised living arrangements.
Sec. 703. Suspension of time limit for young adult parent involved in 
                            education or training.
Sec. 704. Transitional compliance.
Sec. 705. Sanction protections for minor parents.
Sec. 706. Teen parent study and report.
Sec. 707. Amendment to Child Care and Development Block Grant Act of 
                            1990.
               TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH

Sec. 801. Definitions.
   Subtitle A--Custody, Release, Family Reunification, and Detention

Sec. 811. Procedures when encountering unaccompanied alien children.
Sec. 812. Family reunification for unaccompanied alien children with 
                            relatives in the United States.
Sec. 813. Appropriate conditions for detention of unaccompanied alien 
                            children.
Sec. 814. Repatriated unaccompanied alien children.
Sec. 815. Establishing the age of an unaccompanied alien child.
Sec. 816. Effective date.
 Subtitle B--Access by Unaccompanied Alien Children to Child Advocates 
                              and Counsel

Sec. 821. Child advocates.
Sec. 822. Counsel.
Sec. 823. Preservation of law enforcement authority.
Sec. 824. Effective date; applicability.
 Subtitle C--Strengthening Policies for Permanent Protection of Alien 
                                Children

Sec. 831. Special immigrant juvenile classification.
Sec. 832. Training for officials and certain private parties who come 
                            into contact with unaccompanied alien 
                            children.
Sec. 833. Report.
Sec. 834. Effective date.
            Subtitle D--Children Refugee and Asylum Seekers

Sec. 841. Guidelines for Children's Asylum Claims.
Sec. 842. Unaccompanied refugee children.
Sec. 843. Exceptions for unaccompanied alien children in asylum and 
                            refugee-like circumstances.
              Subtitle E--Authorization of Appropriations

Sec. 851. Authorization of appropriations.
      Subtitle F--Amendments to the Homeland Security Act of 2002

Sec. 861. Additional responsibilities and powers of the Office of 
                            Refugee Resettlement with respect to 
                            unaccompanied alien children.
Sec. 862. Technical corrections.
Sec. 863. Effective date.
                  TITLE IX--JUVENILE STATUS OFFENDERS

Sec. 901. Deinstitutionalization of status offenders.

SEC. 3. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Preventing and ending unaccompanied situations among 
        the Nation's youth is a family, community, State, and national 
        concern.
            (2) The population of unaccompanied youth includes 
        individuals who are not more than age 18 and who are not in the 
        physical custody of a parent or legal guardian, and individuals 
        not less than age 18 and not more than age 25 who are 
        experiencing homelessness.
            (3) The prevalence of unaccompanied situations among youth 
        in the Nation is staggering, with studies suggesting that 
        between 1,600,000 and 2,800,000 unaccompanied young people 
        experience homelessness each year.
            (4) Running away from home or from custodial institutions 
        is widespread, with 1 out of every 7 children in the United 
        States running away before the age of 18.
            (5) Youth who end up on the streets or in emergency 
        shelters are those who have been left or evicted from their 
        homes by their families due to severe family conflict, an adult 
        family member's substance abuse or mental illness, violence in 
        the household, the youth's sexual orientation, the youth's 
        pregnant or parenting status, or the youth's delinquent 
        behavior; who have been physically, sexually, or emotionally 
        abused at home; who have been separated from their families for 
        economic reasons, including the whole family's homelessness; 
        who have been discharged by State custodial systems without 
        adequate transition plans; who have lost their parents through 
        death, incarceration, or divorce; and who are young adults with 
        incomes that are too low to secure their basic needs.
            (6) The future well-being of the Nation is dependent on the 
        value placed on all young people, including youth in 
        unaccompanied situations, and the opportunities provided for 
        youth to acquire the knowledge, skills, and abilities necessary 
        to develop into safe, healthy, and productive adults.
            (7) Many of the supports and services needed to prevent and 
        end unaccompanied situations among youth are also important for 
        assisting domiciled youth in high risk situations and for 
        strengthening fragile families.
            (8) It is imperative that the United States Government and 
        the States provide unaccompanied youth and youth in high risk 
        situations with the supports and services they need to prevent 
        and end unaccompanied situations.
            (9) The Nation's unaccompanied youth deserve permanency, 
        which is understood to include a lasting connection to loving 
        families, caring adults, and supportive peers; a safe place to 
        live; and the possession of skills and resources necessary for 
        a life of physical and mental wellness, continuous asset-
        building, dignity, and joy.
    (b) Purpose.--The purpose of the Act is to create the conditions, 
structures, and supports needed to ensure permanency for the Nation's 
unaccompanied youth.

      TITLE I--PREVENTION OF UNACCOMPANIED SITUATIONS AMONG YOUTH

Subtitle A--Reduction of Family Stressors Contributing to Unaccompanied 
                         Situations Among Youth

SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT PROGRAMS.

    (a) Advisory Board on Child Abuse and Neglect.--Section 102(c) of 
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101(c)) is 
amended--
            (1) by redesignating paragraphs (8) through (13) as 
        paragraphs (9) through (14), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) organizations with expertise in runaway and homeless 
        children and youth;''.
    (b) Discretionary Grants.--Section 105(b) of such Act (42 U.S.C. 
5106(b)) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
            ``(5) Programs and projects to preserve, support or reunify 
        families in which a child or youth member is a runaway, 
        homeless, or street youth or at high risk of becoming a 
        runaway, homeless, or street youth.''.
    (c) General Program Authorization of Appropriations.--
            (1) In general.--Section 112(a)(1) of such Act (42 U.S.C. 
        5106h(a)(1)) is amended--
                    (A) by striking ``2004'' and inserting ``2009''; 
                and
                    (B) by striking ``2005 through 2008'' and inserting 
                ``2010 through 2013''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on September 30, 2008.
    (d) Community-Based Grants Program Authorization of 
Appropriations.--
            (1) In general.--Section 210 of such Act (42 U.S.C. 5116i) 
        is amended--
                    (A) by striking ``2004'' and inserting ``2009''; 
                and
                    (B) by striking ``2005 through 2008'' and inserting 
                ``2010 through 2013''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on September 30, 2008.

SEC. 102. INCREASE IN FUNDING FOR THE PROMOTING SAFE AND STABLE 
              FAMILIES PROGRAM.

    Section 436(a) of the Social Security Act (42 U.C.S. 629f(a)) is 
amended by striking ``$345,000,000'' and inserting ``$505,000,000''.

SEC. 103. PARENTAL AND YOUTH SUBSTANCE ABUSE AND MENTAL ILLNESS.

    (a) Substance Abuse Prevention and Treatment Performance 
Partnership Block Grant Program.--Section 1935(a) of the Public Health 
Service Act (42 U.S.C. 300x-35(a)) is amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``, and $2,500,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (b) Priority Substance Abuse Treatment Needs of Regional and 
National Significance.--Section 509(f) of the Public Health Service Act 
(42 U.S.C. 290bb-2(f)) is amended--
            (1) by striking ``and such sums'' and inserting ``, such 
        sums''; and
            (2) by inserting ``, and $350,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (c) Priority Substance Abuse Prevention Needs of Regional and 
National Significance.--Section 516(f) of the Public Health Service Act 
(42 U.S.C. 290bb-22(f)) is amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``, and $350,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (d) Block Grants for Community Mental Health Services.--Section 
1920(a) of the Public Health Service Act (42 U.S.C. 300x-9(a)) is 
amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``, and $500,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (e) Priority Mental Health Needs of Regional and National 
Significance.--Section 520A(f)(1) of the Public Health Service Act (42 
U.S.C. 290bb-32(f)(1)) is amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``, and $350,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (f) Grants for Strengthening Families.--Section 519A(j) of the 
Public Health Service Act (42 U.S.C. 290bb-25a(j)) is amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``$20,000,000 for each of fiscal years 
        2008 through 2012'' before the period at the end.

SEC. 104. CURTAILMENT OF INVOLUNTARY SEPARATION OF CHILDREN FROM THEIR 
              FAMILIES.

    (a) Condition on Receipt of Federal Foster Care or Adoption 
Assistance Funds That State Not Place a Child in Foster Care Because 
the Child's Family Is Homeless or Living in Substandard Housing.--
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (26);
            (2) by striking the period at the end of paragraph (27) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(28) provide that the State shall have in effect such 
        laws and procedures as are necessary to ensure that--
                    ``(A) a child may not be placed in foster care 
                under the responsibility of the State solely because 
                the family with which the child is living is homeless 
                (as defined in paragraph (2) of section 725 of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11434a)) or living in substandard housing (as defined 
                in section 204(b)(11) of the National Housing Act) or a 
                dwelling unit that is experiencing severe physical 
                problems (as defined in subparagraph (F) of such 
                section); and
                    ``(B) the State will work with the family and State 
                housing authorities to secure permanent housing for any 
                family that includes a minor child and is homeless or 
                at risk of becoming homeless.''.
    (b) State Demonstration Grants for Family Violence Services.--
Section 303(a)(2) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10402(a)(2)) is amended--
            (1) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) provide documentation that procedures have 
                been developed and implemented regarding admission to 
                shelters whereby child and youth members of a family or 
                household unit are permitted to remain with the whole 
                family or household unit; and''.
    (c) Shelter Programs.--
            (1) FEMA emergency food and shelter grants program.--
                    (A) Purposes of grants.--Section 313(b)(1) of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11343(b)(1)) is amended by inserting before the 
                semicolon the following: ``that establish and implement 
                policies regarding admission to the program whereby 
                child and youth members of a family or household unit 
                are permitted to remain with the whole family or 
                household unit''.
                    (B) Program guidelines.--Subsection (a) of section 
                316 of the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11346(a)) is amended--
                            (i) in paragraph (5), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (6), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph :
            ``(7) guidelines prohibiting any private nonprofit 
        organization and local government carrying out a local 
        emergency food and shelter program with amounts provided under 
        this subtitle from excluding, from admission into any family 
        shelter provided in connection with the program, any family or 
        household on the basis that such family or household includes 
        any minor, unless the organization or government provides such 
        assurances, as the National Board shall require, that an 
        appropriate alternative living arrangement for the whole family 
        or household unit has been secured.''.
            (2) HUD homeless programs.--
                    (A) In general.--Subtitle A of title IV of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 
                et seq.) is amended by adding at the end the following 
                new section:

``SEC. 403. PROHIBITION OF INVOLUNTARY SEPARATION OF YOUTH FROM THEIR 
              FAMILIES.

    ``In the case of any housing or shelter for families provided using 
any amounts from a grant under this title, no family or household may 
be excluded from admission into such housing or shelter on the basis 
that such family or household includes any minor, unless the State or 
local government, private nonprofit organization, or other entity 
administering such housing or shelter provides such assurances, as the 
Secretary shall by regulation require, that an appropriate alternative 
living arrangement for the whole family or household unit has been 
secured.''.
                    (B) Emergency shelter grants program.--Section 
                415(c)of the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11375(c)) is amended--
                            (i) in subparagraph (6), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (7), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(8) it will, in the case of assistance involving solely 
        activities described in paragraphs (2) and (3) of section 
        414(a), develop and implement procedures regarding admission to 
        the family emergency shelter whereby child and youth members of 
        a family or household unit are permitted to remain with the 
        whole family or household unit.''.
    (d) Protecting Household Members Without Records From Federal One-
Strike Eviction and Screening Laws.--
            (1) Public housing lease provisions requiring eviction for 
        criminal activity.--Paragraph (6) of section 6(l) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437d(l)(6)) is amended 
        by inserting before the first semicolon the following: ``, 
        eviction, or removal of the tenant, member, or guest or other 
        person under the tenant's control, who is engaged in the 
        criminal activity or drug-related criminal activity''.
            (2) Public housing lease provisions regarding fugitive 
        felons and parole violators.--Paragraph (9) of section 6(l) of 
        the United States Housing Act of 1937 (42 U.S.C. 1437d(l)(9)) 
        is amended--
                    (A) by redesignating the provision following 
                subparagraph (A) (designated as paragraph (2) and 
                relating to violating a condition of probation or 
                parole) as subparagraph (B) and realigning such 
                provision so that the left margin is aligned with the 
                left margin of subparagraph (A); and
                    (B) in the matter after and below subparagraph (B) 
                (as so redesignated by subparagraph (A) of this 
                paragraph), by adding at the end the following: 
                ``Notwithstanding any other provision of this 
                paragraph, an owner or manager shall bifurcate a lease 
                under this subsection or remove a household member from 
                a lease under this subsection, without regard to 
                whether a household member is a signatory to the lease, 
                in order to evict, remove, terminate occupancy rights, 
                or terminate assistance to any individual who is a 
                tenant or lawful occupant and who is fleeing to avoid 
                prosecution, or custody or confinement after conviction 
                or violating a condition of probation or parole, 
                without evicting, removing, terminating occupancy 
                rights, terminating assistance to, or otherwise 
                penalizing other household members.''.
            (3) Section 8 lease terms requiring eviction for criminal 
        activity.--Clause (iii) of section 8(d)(1)(B) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)(iii)) is 
        amended by inserting after ``termination of tenancy,'' the 
        following: ``eviction, or removal of the tenant, member, or 
        guest or other person under the tenant's control, who is 
        engaged in the criminal activity or drug-related criminal 
        activity,''.
            (4) Section 8 lease terms regarding fugitive felons and 
        parole violators.--Clause (v) of section 8(d)(1)(B) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)(v)) 
        is amended--
                    (A) by realigning such clause so that the left 
                margin is aligned with the left margin of clause (iv); 
                and
                    (B) by inserting after and below subclause (II) the 
                following:
                        ``Notwithstanding any other provision of this 
                        clause, an owner or manager shall bifurcate a 
                        lease under this subparagraph or remove a 
                        household member from a lease under this 
                        subparagraph, without regard to whether a 
                        household member is a signatory to a lease, in 
                        order to evict, remove, terminate occupancy 
                        rights, or terminate assistance to any 
                        individual who is a tenant or lawful occupant 
                        and who is fleeing to avoid prosecution, 
                        custody or confinement after conviction or 
                        violating a condition of probation or parole, 
                        without evicting, removing, terminating 
                        occupancy rights, terminating assistance to, or 
                        otherwise penalizing other household 
                        members.''.
            (5) Voucher program lease terms requiring eviction for 
        criminal activity.--Subparagraph (D) of section 8(o)(7) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7)(D)) is 
        amended by inserting before the first semicolon the following: 
        ``, eviction, or removal of the tenant, member, or guest or 
        other person under the tenant's control, who is engaged in the 
        criminal activity or drug-related criminal activity.''
            (6) Ineligibility of illegal drug users and alcohol 
        abusers.--Paragraph (1) of section 576(b) of the Quality 
        Housing and Work Responsibility Act of 1998 is amended by 
        striking ``for any household with a member'' and inserting ``of 
        any household member''.
            (7) Authority to deny admission to criminal offenders.--
        Paragraph (1) of section 576(c) of the Quality Housing and Work 
        Responsibility Act of 1998 is amended by striking ``such 
        applicant'' and inserting ``the member of the applicant's 
        household who was engaging in such activity''.
            (8) Ineligibility of dangerous sex offenders.--Subsection 
        (a) of section 578 of the Quality Housing and Work 
        Responsibility Act of 1998 (42 U.S.C. 13663(a)) is amended to 
        read as follows:
    ``(a) In General.--Notwithstanding any other provision of law, an 
owner of federally assisted housing shall prohibit admission to such 
housing of any individual who is subject to a lifetime registration 
requirement under a State sex offender registration program.''.

     Subtitle B--Equal Protection of Youth in Child Welfare System

SEC. 111. EXPANDED ELIGIBILITY FOR FOSTER CARE AND ADOPTION ASSISTANCE.

    (a) Foster Care.--
            (1) Elimination of income eligibility requirement.--
                    (A) In general.--Section 472(a) of the Social 
                Security Act (42 U.S.C. 672(a)) is amended--
                            (i) in paragraph (1), by striking
                        ``--'' and all that follows and inserting ``the 
                        removal and foster care placement met, and 
                        continues to meet the requirements of paragraph 
                        (2).''; and
                            (ii) by striking paragraphs (3) and (4).
                    (B) Conforming amendment.--Section 470 of such Act 
                (42 U.S.C. 670) is amended by striking ``who otherwise 
                would have been eligible for assistance under the 
                State's plan approved under part A (as such plan was in 
                effect on June 1, 1995)''.
            (2) Foster care maintenance payments match rate.--Section 
        474 of such Act (42 U.S.C. 674) is amended--
                    (A) in subsection (a)(1), by inserting ``, subject 
                to subsection (g)(1)'' before the semicolon; and
                    (B) by adding at the end the following:
    ``(g)(1)(A) The Secretary shall reduce the percentage by which 
expenditures referred to in subsection (a)(1) are reimbursed, by such 
equal percentage for all States as may be necessary to ensure that--
                    ``(i) the ratio, for any calendar quarter, of the 
                total of the amounts payable to States under such 
                subsection to the total of all amounts expended by the 
                States as foster care maintenance payments (whether or 
                not eligible for reimbursement under this part), 
                excluding any expenditure made from other funds 
                provided by the Federal Government or from State funds 
                with respect to which matching funds are provided by 
                the Federal Government; equals
                    ``(ii) the average such ratio for the 12 quarters 
                most recently preceding the effective date of this 
                subsection.
    ``(B) The Secretary shall establish procedures to allow States to 
submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(1) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(C) The Secretary shall pay a claim submitted pursuant to 
subparagraph (B) with respect to an expenditure, to the extent that, in 
the absence of this paragraph, an amount would be payable under this 
part with respect to the expenditure.
    ``(D) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(2) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
            (3) Maintenance of effort.--Section 471(a) of such Act (42 
        U.S.C. 671(a)), as amended by section 104(a) of this Act, is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (27);
                    (B) by striking the period at the end of paragraph 
                (28) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) provides that the total of the amounts expended by 
        the State in any fiscal year for foster care maintenance 
        payments, family preservation services (as defined in section 
        431(a)(1)), family support services (as defined in section 
        431(a)(2)), time-limited family reunification services (as 
        defined in section 431(a)(7)), and adoption promotion and 
        support services (as defined in section 431(a)(8)) shall be not 
        less than the average annual total of the amounts expended by 
        the State in fiscal years 2001 through 2006 for foster care 
        maintenance payments for children with respect to whom the 
        payments were not required by section 472(a) to be made solely 
        because the children did not meet the requirement of section 
        472(a)(1)(B) (as then in effect).''.
    (b) Adoption Assistance.--
            (1) Elimination of income eligibility requirement.--Section 
        473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended to read 
        as follows:
            ``(2)(A) For purposes of paragraph (1)(B)(ii), a child 
        meets the requirements of this paragraph if the child--
                    ``(i)(I) at the time adoption proceedings were 
                initiated, had been removed from his or her home--
                            ``(aa) pursuant to a voluntary placement 
                        agreement with respect to which Federal 
                        payments are provided under section 474; or
                            ``(bb) as a result of a judicial 
                        determination to the effect that continuation 
                        therein would be contrary to the welfare of the 
                        child;
                    ``(II) is eligible for supplemental security income 
                benefits under title XVI; or
                    ``(III) is a child whose costs in a foster family 
                home or child-care institution are covered by the 
                foster care maintenance payments being made with 
                respect to the minor parent of the child as described 
                in section 475(4)(B); and
                    ``(ii) has been determined by the State, pursuant 
                to subsection (c), to be a child with special needs.
                    ``(B) A child who meets the requirements of 
                subparagraph (A)(ii) of this paragraph, who was 
                determined eligible for adoption assistance payments 
                under this part with respect to a prior adoption, and 
                who is available for adoption because the prior 
                adoption has been dissolved and the parental rights of 
                the adoptive parents have been terminated or because 
                the child's adoptive parents have died, shall be 
                treated as meeting the requirements of this paragraph 
                for purposes of paragraph (1)(B)(ii).''.
            (2) Adoption assistance payments match rate.--Section 474 
        of such Act (42 U.S.C. 674) is amended--
                    (A) in subsection (a)(2), by inserting ``, subject 
                to subsection (g)(2)'' before the semicolon; and
                    (B) by adding at the end of subsection (g) (as 
                added by subsection (a)(2)(B) of this section) the 
                following:
    ``(2)(A) The Secretary shall reduce the percentage by which the 
expenditures referred to in subsection (a)(2) are reimbursed, by such 
equal percentage for all States as may be necessary to ensure that--
            ``(i) the ratio, for any calendar quarter, of the total of 
        the amounts payable to States under such subsection to the 
        total of all amounts expended by the States as adoption 
        assistance payments (whether or not eligible for reimbursement 
        under this part), excluding any expenditure made from other 
        funds provided by the Federal Government or from State funds 
        with respect to which matching funds are provided by the 
        Federal Government; equals
            ``(ii) the average such ratio for the 12 quarters most 
        recently preceding the effective date of this subsection.
    ``(B) The Secretary shall establish procedures to allow States to 
submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(2) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(C) The Secretary shall pay a claim submitted pursuant to 
subparagraph (B) with respect to an expenditure, to the extent that, in 
the absence of this paragraph, an amount would be payable under this 
part with respect to the expenditure.
    ``(D) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(2) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
    (c) Administrative Costs.--
            (1) In general.--Section 474 of such Act (42 U.S.C. 674) is 
        amended--
                    (A) in subsection (a)(3)(E), by inserting ``, 
                subject to subsection (g)(3)'' after ``expenditures''; 
                and
                    (B) by adding at the end of subsection (g) (as 
                added by subsection (a)(2)(B) of this section) the 
                following:
    ``(3)(A) The Secretary shall reduce the percentage by which the 
expenditures referred to in subsection (a)(3)(E) are reimbursed, by 
such equal percentage for all States as may be necessary to ensure 
that--
            ``(i) the ratio, for any calendar quarter, of the total of 
        the amounts payable to States under subsection (a)(3)(E) to the 
        total of all amounts expended by the States for expenditures 
        referred to in such subsection (whether or not eligible for 
        reimbursement under this part), excluding any expenditure made 
        from other funds provided by the Federal Government or from 
        State funds with respect to which matching funds are provided 
        by the Federal Government; equals
            ``(ii) the average such ratio for the 12 quarters most 
        recently preceding the effective date of this subsection.
    ``(B) The Secretary shall establish procedures to allow States to 
submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(3)(E) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(C) The Secretary shall pay a claim submitted pursuant to 
subparagraph (B) with respect to an expenditure, to the extent that, in 
the absence of this paragraph, an amount would be payable under this 
part with respect to the expenditure.
    ``(D) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(3)(E) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
            (2) Limitation on expenditures not related to placement or 
        case management activities.--Section 474 of such Act (42 U.S.C. 
        674), as amended by the preceding provisions of this section, 
        is amended by adding at the end the following:
    ``(h) A State shall not use more than 15 percent of the amounts 
paid to the State under this part for expenditures relating to 
determining eligibility, setting rates for foster care homes and 
institutions, and the proportionate share of related agency 
overhead.''.
    (d) Removal of Title IV-E From Funding Cap for the Territories.--
Section 1108 of such Act (42 U.S.C. 1308) is amended in each of 
subsections (a) and (b)(1), by striking ``parts A and E'' and inserting 
``part A''.
    (e) Conforming Changes for FMAP for the District of Columbia.--
Section 474(a) of such Act (42 U.S.C. 674(a)) is amended in each of 
paragraphs (1) and (2) by striking ``(as defined in section 1905(b) of 
this Act)'' inserting ``(which shall be as defined in section 1905(b), 
in the case of a State other than the District of Columbia, or 70 
percent, in the case of the District of Columbia)''.

SEC. 112. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS.

    (a) In General.--Section 473 of the Social Security Act (42 U.S.C. 
670-679b) is amended by adding at the end the following:
    ``(d) Kinship Guardianship Assistance Payments for Children.--
            ``(1) In general.--Each State with a plan approved under 
        this part may, at State option, enter into kinship guardianship 
        assistance agreements to provide kinship guardianship 
        assistance payments on behalf of children to grandparents and 
        other relatives who have assumed legal guardianship (as defined 
        in section 475(7)) of the children for whom they have cared as 
        foster parents and for whom they have committed to care for on 
        a permanent basis.
            ``(2) Kinship guardianship assistance agreement.--
                    ``(A) In general.--In order to receive payments 
                under section 474(a)(6), a State shall--
                            ``(i) negotiate and enter into a written, 
                        binding kinship guardianship assistance 
                        agreement with the prospective relative 
                        guardian of a child who meets the requirements 
                        of this paragraph;
                            ``(ii) provide the prospective relative 
                        guardian with a copy of the agreement; and
                            ``(iii) certify that any child on whose 
                        behalf kinship guardianship assistance payments 
                        are made under the agreement shall be provided 
                        medical assistance under title XIX in 
                        accordance with section 1902(a)(10)(A)(i)(I).
                    ``(B) Minimum requirements.--The agreement shall 
                specify, at a minimum--
                            ``(i) the amount of, and manner in which, 
                        each kinship guardianship assistance payment 
                        will be provided under the agreement;
                            ``(ii) the additional services and 
                        assistance that the child and relative guardian 
                        will be eligible for under the agreement;
                            ``(iii) the procedure by which the relative 
                        guardian may apply for additional services as 
                        needed, provided the agency and relative 
                        guardian agree on the additional services as 
                        specified in the case plan; and
                            ``(iv) subject to subparagraph (D), that 
                        the State will pay the total cost of 
                        nonrecurring expenses associated with obtaining 
                        legal guardianship of the child.
                    ``(C) Interstate application.--The agreement shall 
                provide--
                            ``(i) that the agreement shall remain in 
                        effect without regard to the State residency of 
                        the kinship guardian; and
                            ``(ii) for the protection of the interests 
                        of the child in any case where the kinship 
                        guardian and the child move to another State 
                        while the agreement is in effect.
                    ``(D) No effect on federal reimbursement.--Nothing 
                in subparagraph (B)(iv) shall be construed as affecting 
                the ability of the State to obtain reimbursement from 
                the Federal Government for costs described in that 
                subparagraph.
            ``(3) Kinship guardianship assistance payment.--
                    ``(A) In general.--The kinship guardianship 
                assistance payment shall be based on consideration of 
                the needs of the relative guardian and of the child and 
                shall be at least equal to the amount of the foster 
                care maintenance payment for which the child would have 
                been eligible if the child had remained in foster care, 
                or, at State option, the amount of the adoption 
                assistance payment for which the child would have been 
                eligible if the child had been adopted. The payment may 
                be readjusted periodically based on relevant changes in 
                such needs.
                    ``(B) Limitation.--A kinship guardianship 
                assistance payment may not be made to a relative 
                guardian for any child who has attained 21 years of 
                age.
            ``(4) Child's eligibility for a kinship guardianship 
        assistance payment.--
                    ``(A) In general.--A child is eligible for a 
                kinship guardianship assistance payment under this 
                subsection if the State agency determines the 
                following:
                            ``(i) The child has been--
                                    ``(I) removed from his or her home 
                                pursuant to a voluntary placement 
                                agreement or as a result of a judicial 
                                determination to the effect that 
                                continuation in the home would be 
                                contrary to the welfare of the child;
                                    ``(II) under the care of the State 
                                agency for the 12-month period ending 
                                on the date of the agency 
                                determination; and
                                    ``(III) eligible for foster care 
                                maintenance payments under section 472.
                            ``(ii) Being returned home or adopted are 
                        not appropriate permanency options for the 
                        child.
                            ``(iii) The child demonstrates a strong 
                        attachment to the prospective relative guardian 
                        and the relative guardian has a strong 
                        commitment to caring permanently for the child.
                            ``(iv) With respect to a child who has 
                        attained 14 years of age, the child has been 
                        consulted regarding the kinship guardianship 
                        arrangement.
                    ``(B) Treatment of siblings.--With respect to a 
                child described in subparagraph (A) whose sibling or 
                siblings are not so described--
                            ``(i) the child and any sibling of the 
                        child may be placed in the same kinship 
                        guardianship arrangement if the State agency 
                        and the relative agree on the appropriateness 
                        of the arrangement for the siblings; and
                            ``(ii) kinship guardianship assistance 
                        payments may be paid for the child and each 
                        sibling so placed.''.
    (b) Conforming Amendments.--
            (1) State plan requirement.--Section 471(a)(20)(A) of such 
        Act (42 U.S.C. 671(a)(20)(A)) is amended by striking ``before 
        the foster or adoptive parent may be finally approved for 
        placement of a child regardless of whether foster care 
        maintenance payments or adoption assistance payments'' and 
        inserting ``or relative guardian before the foster or adoptive 
        parent or relative guardian may be finally approved for 
        placement of a child regardless of whether foster care 
        maintenance payments, adoption assistance payments, or kinship 
        guardianship assistance payments''.
            (2) Maintenance of eligibility for adoption assistance.--
        Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by 
        adding at the end the following:
            ``(7) The adoptive parents of a child who has been 
        determined by the State, pursuant to subsection (c), to be a 
        child with special needs and on whose behalf kinship 
        guardianship assistance payments have been made under 
        subsection (d) shall be eligible for adoption assistance as if 
        no kinship guardianship assistance agreement or payments had 
        been made. The State shall make payments of nonrecurring 
        adoption expenses under this section to the adoptive parents of 
        such a child. The State may make adoption assistance payments 
        under this section even if the child fails to meet the 
        requirements of subparagraphs (A) and (B) of paragraph (2), if 
        the child would meet the requirements of such subparagraphs if 
        the child were treated as if the child were in the same 
        financial and other circumstances the child was in at the time 
        the kinship guardianship assistance agreement was made.''.
            (3) Payments to states.--Section 474(a) of such Act (42 
        U.S.C. 674(a)) is amended--
                    (A) by striking the period at the end and inserting 
                ``; plus''; and
                    (B) by adding at the end the following:
            ``(6) an amount equal to the percentage by which the 
        expenditures referred to in paragraph (2) of this subsection 
        are reimbursed (after applying the reduction required by 
        subsection (g)(2)(A) of this section) of the total amount 
        expended during such quarter as kinship guardianship assistance 
        payments under section 473(d) pursuant to kinship guardianship 
        assistance agreements.''.
            (4) Definitions.--Section 475(1) of such Act (42 U.S.C. 
        675(1)) is amended by adding at the end the following:
                    ``(F) In the case of a child with respect to whom 
                the permanency plan is placement with a relative and 
                receipt of kinship guardianship assistance payments 
                under section 473(d), a description of--
                            ``(i) the steps that the agency has taken 
                        to determine that it is not appropriate for the 
                        child to be returned home or adopted;
                            ``(ii) the reasons why a permanent 
                        placement with a fit and willing relative 
                        through a kinship guardianship assistance 
                        arrangement is in the child's best interests;
                            ``(iii) the ways in which the child meets 
                        the eligibility requirements for a kinship 
                        guardianship assistance payment;
                            ``(iv) the efforts the agency has made to 
                        discuss adoption by the child's relative foster 
                        parent as a more permanent alternative to legal 
                        guardianship and, in the case of a relative 
                        foster parent who has chosen not to pursue 
                        adoption, documentation of the reasons 
                        therefor; and
                            ``(v) the efforts made by the State agency 
                        to secure the consent of the child's parent or 
                        parents to the kinship guardianship assistance 
                        arrangement, or the reasons why the efforts 
                        were not made.''.
    (c) Notice to Relatives When Children Enter Foster Care.--
            (1) In general.--Section 471(a)(19) of such Act (42 U.S.C. 
        671(a)(19)) is amended--
                    (A) by striking ``that the State'' and inserting 
                ``that--
                    ``(A) the State'';
                    (B) by adding ``and'' after the semicolon; and
                    (C) by adding at the end the following:
                    ``(B) within 60 days of the removal of the child 
                from the custody of the parent or parents of the child, 
                the State shall identify and give notice to all adult 
                relatives of the child (including any other adult 
                relatives suggested by the parents or parents), subject 
                to exceptions due to family or domestic violence, 
                that--
                            ``(i) specifies that the child has been or 
                        is being removed from the custody of the parent 
                        or parents; and
                            ``(ii) explains the options the relative 
                        has under Federal, State, and local law to 
                        participate in the care and placement of the 
                        child, including any options that may be lost 
                        by failing to respond to the notice;''.
            (2) Effective date.--The amendments made by this section 
        shall take effect on October 1, 2007.

SEC. 113. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE 
              FOSTER FAMILY HOMES.

    Section 471(a)(10) of the Social Security Act (42 U.S.C. 
671(a)(10)) is amended by inserting before the semicolon the following: 
``, and, at the option of the State, that the authority or authorities 
may--
            ``(A) establish and maintain separate standards for foster 
        family homes in which a foster parent is a relative of the 
        foster child, that, at a minimum, protect the safety of the 
        child and provide for criminal records checks as described in 
        paragraph (20); and
            ``(B) apply the standards referred to in subparagraph (A) 
        of this paragraph to any such relative foster care provider to 
        whom funds are paid pursuant to section 472 or part B in lieu 
        of the standards that would otherwise apply to a foster family 
        home.''.

SEC. 114. APPLICATION OF STANDARDS TO ALL CHILDREN.

    Section 471(a)(10) of the Social Security Act (42 U.S.C. 
671(a)(10)) is amended by striking ``receiving funds under this part or 
part B of this title'' and inserting ``caring for a child who is in the 
custody of the State''.

SEC. 115. ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAYMENTS AND ADOPTION 
              ASSISTANCE PAYMENTS THROUGH AGE 20.

    (a) Foster Care Maintenance Payments.--Section 472 of the Social 
Security Act (42 U.S.C. 672), as amended by subsections (a)(1)(A)(i) 
and (e)(1) of section 111 of this Act, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Eligibility.--Each State with a plan approved under 
        this part shall make foster care maintenance payments on behalf 
        of--
                    ``(A) each child who has been removed from the home 
                of a relative specified in section 406(a) (as in effect 
                on July 16, 1996) into foster care if the removal and 
                foster care placement met, and the placement continues 
                to meet, the requirements of paragraph (2) of this 
                subsection; and
                    ``(B) each child who is an individual described in 
                subsection (j)(2) of this section who has entered 
                foster care under the responsibility of the State if 
                the foster care placement met and continues to meet the 
                requirements of paragraph (3) of this subsection.'';
                    (B) in the paragraph heading of paragraph (2) by 
                inserting ``applicable to minors'' after 
                ``requirements''; and
                    (C) by adding at the end the following:
            ``(3) Foster care placement requirements applicable to 
        children who have attained the age of majority.--The foster 
        care placement of a child who is an individual described in 
        subsection (j)(2) meets the requirements of this paragraph if--
                    ``(A) the foster care placement is in accordance 
                with a voluntary placement agreement entered into by 
                the individual;
                    ``(B) the individual's placement and care meet the 
                requirement of paragraph (2)(B) of this subsection; and
                    ``(C)(i) the individual has been placed in a foster 
                family home, child-care institution, or dwelling 
                described in subsection (b)(3)(C); or
                    ``(ii) the individual has secured a dwelling 
                described in subsection (b)(3)(D).'';
            (2) in subsection (b)--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(3) in the case of a child who is an individual described 
        in subsection (j)(2) of this section--
                    ``(A) in a home described in paragraph (1), in 
                accordance with the payment rules set forth in 
                paragraph (1);
                    ``(B) in an institution described in paragraph (2), 
                in accordance with the payment rules set forth in 
                paragraph (2);
                    ``(C) in a dwelling operated by an agency that 
                provides social services to children and their families 
                which supplements, supports, or substitutes parental 
                care and supervision for the purpose of safeguarding 
                and promoting the welfare of children, and that meets 
                such standards for licensure or approval as are 
                established by the State for the provision of the 
                services, whether the payments therefor are made to the 
                agency or directly to the individual; or
                    ``(D) in housing rented or leased by the 
                individual.'';
            (3) in subsection (e), by inserting ``minor'' before 
        ``child who'';
            (4) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by striking ``a minor'' and inserting 
                        ``a child''; and
                            (ii) by striking ``the minor'' and 
                        inserting ``the child (or, if the child has 
                        attained 18 years of age, the child himself or 
                        herself)''; and
                    (B) in paragraph (2)--
                            (i) by striking ``a minor child'' and 
                        inserting ``a child (or, if the child has 
                        attained 18 years of age, the child himself or 
                        herself)''; and
                            (ii) by inserting ``(if the child is a 
                        minor)'' after ``obligations of the parents or 
                        guardians''; and
            (5) by adding at the end the following:.
    ``(j) In this section, the term `child' means--
            ``(1) a minor child; and
            ``(2) an individual who--
                    ``(A) has not attained 21 years of age; and
                    ``(B) has been emancipated from foster care under 
                the responsibility of the State by reason of attaining 
                the age of majority.''.
    (b) Adoption Assistance Payments.--
            (1) In general.--Section 473(a)(1)(A) of such Act (42 
        U.S.C. 673(a)(1)(A)) is amended by inserting ``who have not 
        attained 21 years of age'' before the period.
            (2) Conforming amendment.--Section 473(a)(4)(A) of such Act 
        (42 U.S.C. 673(a)(4)(A)) is amended by striking ``the age of 
        eighteen'' and all that follows through ``twenty-one'' and 
        inserting ``21 years of age''.
    (c) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C. 
674(a)(1)) is amended by striking ``under section 472 for children in 
foster family homes or child-care institutions'' and inserting ``in 
accordance with section 472''.

SEC. 116. YOUTH ACCESS TO THE CHILD WELFARE SYSTEM.

    Within 12 months after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to the Committees 
on Ways and Means and on Education and Labor of the House of 
Representatives and the Committees on Finance and on Health, Education, 
Labor, and Pensions of the Senate a report on the policies and 
practices of the States regarding (1) access to child welfare services 
(including services related to foster care and adoption) by children 
who have attained 13 years of age, (2) and consideration of runaway and 
homeless situations as risk assessment factors for determining the 
appropriateness of placement in the child welfare system. The report 
shall include an inventory of the policies and practices, an assessment 
of the effectiveness of the policies and practices, and such 
recommendations for Federal or State legislative or regulatory action 
as may be appropriate.

      Subtitle C--Reduction of Youth Institutional Discharge Into 
                              Homelessness

SEC. 121. DISCHARGE FROM CHILD WELFARE SYSTEM.

    (a) State Plans Required To Describe State Policies and Procedures 
Regarding Runaway or Missing Foster Children.--Section 471(a) of the 
Social Security Act (42 U.S.C. 671(a)), as amended by sections 104(a) 
and 111(a)(3) of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (28);
            (2) by striking the period at the end of paragraph (29) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(30) describes the written policies and procedures of the 
        State that are designed to reduce the incidence of children 
        missing or running away from foster care, and to locate and 
        return such children to foster placements.''.
    (b) Judicial Review of Permanency Plan for Child Leaving Foster 
Care.--Section 475(5)(C) of such Act (42 U.S.C. 675(5)(C)) is amended--
            (1) by striking ``and (iii)'' and inserting ``(iii)''; and
            (2) by adding at the end the following: ``and (iv) 
        procedural safeguards shall be applied to assure that the final 
        permanency hearing regarding the transition of the child from 
        foster care to a planned, permanent living arrangement or 
        independent living is held in a family or juvenile court or 
        another court (including a tribal court) of competent 
        jurisdiction;''.
    (c) Case Plans To Include Description of Housing Arrangements for 
Children Aging Out of Foster Care.--Section 475(1)(D) of such Act (42 
U.S.C. 675(1)(D)) is amended by inserting ``, and of the steps taken to 
ensure that such child will have a permanent living arrangement if they 
are emancipated from foster care and (in the case of a child age 17 or 
over or with a permanency goal of emancipation) documentation of the 
permanent living arrangements upon emancipation'' before the period.
    (d) Review of Steps Taken To Ensure Appropriate Housing for 
Children Leaving Foster Care.--Section 475(5)(C)(iii) of such Act (42 
U.S.C. 675(5)(C)(iii)) is amended by inserting ``, and reviews all 
documentation of the efforts to secure a permanent living arrangement 
for the child upon emancipation from foster care'' before the 
semicolon.
    (e) Modification of Case Plan Requirements.--Section 475(1)(D) of 
such Act (42 U.S.C. 675(1)(D)) is amended to read as follows:
                    ``(D) Where appropriate, for a child who has 
                attained 14 years of age (and, at State option, any 
                other child), a written description of the programs and 
                services that will facilitate the transition of the 
                child from foster care to independent living, including 
                a discussion of the appropriateness of the services 
                that have been provided to the child under the plan. 
                The plan for these youth shall also include 
                documentation of the steps the agency is taking to find 
                a permanent placement with a family or other adult 
                connection for the youth, and a permanent living 
                arrangement.''.

SEC. 122. RECEIPT OF CERTAIN JUVENILE JUSTICE FORMULA GRANT FUNDS 
              CONDITIONED ON STATES' POLICIES TO ENSURE APPROPRIATE 
              HOUSING FOR JUVENILES RELEASED INTO THE COMMUNITY AND TO 
              REDUCE RATES OF RUNAWAYS.

    Section 223(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (27), at the end by striking ``and'';
            (2) in paragraph (28), at the end by striking the period 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(28) provide a description of the State's use of funds 
        under this part and other funds for post-release and aftercare 
        services for juveniles released from confinement in a juvenile 
        justice facility;
            ``(29) provide that there is in effect in the State such 
        policies and procedures as are necessary to ensure that upon 
        release of a juvenile from the juvenile justice system of the 
        State into the community, the juvenile will be placed in a 
        stable environment that consists of appropriate permanent or 
        transitional housing until permanent housing is available; and
            ``(30) provide that the State has in effect (or will 
        develop and implement) standards to--
                    ``(A) reduce the rate of occurrence of juveniles 
                running away from placements in secure detention or 
                confinement or nonsecure residential placements;
                    ``(B) locate juveniles who have run away from such 
                placements; and
                    ``(C) return such juveniles to such respective 
                placements.''.

SEC. 123. DISCHARGE PLANNING FROM PRIVATE AND PUBLIC INPATIENT HEALTH 
              FACILITIES REQUIRED FOR PURPOSES OF CERTAIN SUBSTANCE 
              ABUSE AND MENTAL HEALTH PROGRAMS AND THE MEDICAID 
              PROGRAM.

    (a) Requirement Applied to SAMHSA Grant Programs Under Title V of 
the PHSA.--Part D of title V of the Public Health Service Act (42 
U.S.C. 290dd et seq.) is amended by adding at the end the following 
section:

``SEC. 544. DISCHARGE PLANNING IN PRIVATE AND PUBLIC HOSPITALS AND 
              INPATIENT FACILITIES.

    ``Any private or public hospital, nursing home, hospice program, 
subacute care facility, transitional care facility, residential 
treatment facility, rehabilitation facility, or other inpatient 
facility that receives support in any form from any State program, or 
other program, supported in whole or in part by funds appropriated to 
any Federal department or agency pursuant to this title, shall have in 
effect policies and procedures to ensure that each individual who has 
not attained age 25 and who is furnished services at such hospital, 
home, program, or facility, respectively, is referred to the most 
medically appropriate level of care and is furnished with a discharge 
plan from such hospital, home, program, or facility, respectively, that 
includes an assurance that such individual is placed in a permanent 
living arrangement as soon as such discharge is medically 
appropriate.''.
    (b) Requirement Applied to Block Grants Regarding Mental Health and 
Substance Abuse Under Title XIX of the PHSA.--Section 1943(a) of the 
Public Health Service Act (42 U.S.C. 300x-53(a)) is amended--
            (1) in paragraph (2), at the end by striking ``and'';
            (2) in paragraph (3), at the end by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) ensure that any private or public hospital, nursing 
        home, hospice program, subacute care facility, transitional 
        care facility, residential treatment facility, rehabilitation 
        facility, or other inpatient facility that receives support in 
        any form from any State program, or other program, supported in 
        whole or in part by funds appropriated to any Federal 
        department or agency pursuant to this part, shall have in 
        effect policies and procedures to ensure that each individual 
        who has not attained age 25 and who is furnished services at 
        such hospital, home, program, or facility, respectively, is 
        referred to the most medically appropriate level of care and is 
        furnished with a discharge plan from such hospital, home, 
        program, or facility, respectively, that includes an assurance 
        that such individual is placed in a permanent living 
        arrangement as soon as such discharge is medically 
        appropriate.''.
    (c) Requirement Applied to State Plan for Medical Assistance Under 
Medicaid Program.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396a(a)) is amended--
            (1) in paragraph (69), at the end by striking ``and'';
            (2) in paragraph (70), at the end by striking the period 
        and inserting ``; and''; and
            (3) by inserting after paragraph (70) the following new 
        paragraph:
            ``(71) provide that each hospital, nursing facility, 
        hospice program, subacute care facility, transitional care 
        facility, residential treatment facility, rehabilitation 
        facility, or other inpatient facility receiving funds under the 
        plan, shall have in effect policies and procedures to ensure 
        that each child who is an individual who has not attained age 
        25 and who is furnished services at such hospital, home, 
        program, or facility, respectively, is referred to the most 
        medically appropriate level of care and is furnished with a 
        discharge plan from such hospital, home, program, or facility, 
        respectively, that includes an assurance that such individual 
        is placed in a permanent living arrangement as soon as such 
        discharge is medically appropriate.''.
    (d) Effective Dates.--
            (1) Public health amendments.--The amendments made by 
        subsections (a) and (b) shall apply to support provided for 
        periods beginning on or after October 1, 2007.
            (2) Medicaid amendment.--
                    (A) In general.--Except as provided in paragraph 
                (2), the amendment made by subsection (c) shall apply 
                to calendar quarters beginning on or after October 1, 
                2007, without regard to whether or not final 
                regulations to carry out such amendments have been 
                promulgated by such date.
                    (B) Exception if state legislation required.--In 
                the case of a State plan for medical assistance under 
                title XIX of the Social Security Act which the 
                Secretary of Health and Human Services determines 
                requires State legislation (other than legislation 
                appropriating funds) in order for the plan to meet the 
                additional requirement imposed by the amendment made by 
                subsection (c), the State plan shall not be regarded as 
                failing to comply with the requirements of such title 
                solely on the basis of its failure to meet this 
                additional requirement before the first day of the 
                first calendar quarter beginning after the close of the 
                first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.

           TITLE II--YOUTH EMERGENCY AND TRANSITIONAL HOUSING

          Subtitle A--Runaway and Homeless Youth Act Programs

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Runaway and Homeless Youth Act 
Reauthorization of 2008''.

SEC. 202. FINDINGS.

    Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) 
is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively, and
            (2) by inserting after paragraph (2) the following:
            ``(3) services to such young people should be developed and 
        provided using a positive youth development approach that 
        ensures the young person a sense of--
                    ``(A) safety and structure;
                    ``(B) belonging and membership;
                    ``(C) self-worth and social contribution;
                    ``(D) independence and control over one's life; and
                    ``(E) closeness in interpersonal relationships.''.

SEC. 203. BASIC CENTER PROGRAM.

    (a) Services Provided.--Section 311(a) of the Runaway and Homeless 
Youth Act (42 U.S.C. 5711(a)) is amended--
            (1) by amending paragraph (2)(B)(i) to read as follows:
                            ``(i) safe and appropriate shelter provided 
                        for not to exceed 15 days, or not to exceed 30 
                        days if the center is located in a State or 
                        locality with a child or youth-serving-facility 
                        licensure law or regulation that permits a 
                        length of stay in excess of 15 days; and'', and
            (2) in subsection (b)(2)--
                    (A) by striking ``$100,000'' and inserting 
                ``$200,000'',
                    (B) by striking ``$45,000'' and inserting 
                ``$100,000'', and
                    (C) by adding at the end the following:
``Whenever the Secretary determines than any part of the amount 
allotted under paragraph (1) with respect to a State will not be 
obligated before the end of the fiscal year, the Secretary shall 
reallot such part with respect to the remaining States for obligation 
for such fiscal year.''.
    (b) Eligibility.--Section 312(b) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712(b)) is amended--
            (1) in paragraph (11) by striking ``and'' at the end,
            (2) in paragraph (12) by striking the period and inserting 
        ``; and'', and
            (3) by adding at the end the following:
            ``(13) shall develop an adequate emergency preparedness and 
        management plan.''.
    (c) Definition.--Section 387(3)(A)(i) of the Runaway and Homeless 
Youth Act (42 U.S.C. 5782a(3)(A)(i)) is amended by striking ``not more 
than 18'' and inserting ``less than 18 unless the center is located in 
a State or locality with a child- or youth-serving facility licensure 
law or regulation that permits a higher age''.

SEC. 204. RENOVATION.

    Section 321 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-
1) is amended by inserting ``(including renovation)'' after 
``operate''.

SEC. 205. TRANSITIONAL LIVING GRANT PROGRAM.

    (a) Eligibility.--Section 322(a) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5714-2(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``indirectly'' inserting ``by 
                contract (excluding the use of vouchers)'', and
                    (B) by striking ``services'' the 1st place it 
                appears and inserting ``provide, directly or indirectly 
                (excluding the use of vouchers), services,''.
            (2) in paragraph (2)--
                    (A) by striking ``, except'' and inserting 
                ``(except'', and
                    (B) by striking ``period;'' and inserting the 
                following:
        ``period) or, if the program is located in a State or locality 
        with a child- or youth-serving facility licensure law or 
        regulation that permits a length of stay in excess of such 540-
        day period, a continuous period not to exceed 730 days;'',
            (3) in paragraph (14) by striking ``and'' at the end,
            (4) n paragraph (15) by striking the period and inserting 
        ``; and'', and
            (5) by adding at the end the following:
            ``(16) to develop an adequate emergency preparedness and 
        management plan.''.

SEC. 206. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.

    Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5714-21 et 
seq.) is amended by adding at the end the following:

``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH 
              HOMELESSNESS.

    ``(a) Periodic Estimate.--Not later than 2 years after the 
effective date of this section and at 5-year intervals thereafter, the 
Secretary shall prepare, and submit to the Speaker of the House of 
Representatives and the President pro tempore of the Senate, a written 
report--
            ``(1) by using the best quantitative and qualitative social 
        science research method available, containing an estimate of 
        the incidence and prevalence of runaway and homeless 
        individuals who are not less than 13 years of age and not more 
        than 25 years of age; and
            ``(2) that includes with such estimate an assessment of the 
        characteristics of such individuals.
    ``(b) Content.--Each assessment required by subsection (a) shall 
include--
            ``(1) the results of conducting a survey of, and direct 
        interviews with, a representative sample of runaway and 
        homeless individuals who are not less than 13 years of age and 
        not more than 25 years of age to determine past and current--
                    ``(A) socioeconomic characteristics of such 
                individuals;
                    ``(B) barriers to such individuals obtaining--
                            ``(i) safe, quality, and affordable 
                        housing;
                            ``(ii) comprehensive and affordable health 
                        insurance and health services; and
                            ``(iii) incomes, public benefits, 
                        supportive services, and connections to caring 
                        adults;
                    ``(C) such other information that the Secretary 
                determines, in consultation with States, units of local 
                government, and national nongovernmental organizations 
                concerned with homelessness, may be useful.
    ``(c) Implementation.--If the Secretary enters into any contract 
with a non-Federal entity for purposes of carrying out subsection (a), 
such entity shall be a nongovernmental organization, or an individual, 
determined by the Secretary to have appropriate expertise in 
quantitative and qualitative social science research.''.

SEC. 207. REPORT.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to the Speaker of the House of Representatives and the President 
pro tempore of the Senate, a report based on the best quantitative 
research method available and containing an estimate of--
            (1) the public service costs, including law enforcement, 
        emergent and urgent health services (including crisis mental 
        health and substance abuse services), child welfare services, 
        juvenile and criminal justice services, and public income 
        benefits costs, attributable to such services being provided to 
        runaway and homeless individuals who are not less than 13 years 
        of age and not more than 25 years of age, and
            (2) the extent to which the public service cost reductions 
        offset the costs of providing family reunification, emergency 
        shelter, transitional housing, permanent housing, and 
        supportive services to such individuals.
    (b) Implementation.--If the Secretary carries out subsection (a) by 
contract with an non-Federal entity, such entity shall be a 
nongovernmental organization or an individual determined by the 
Secretary to have appropriate expertise in quantitative and qualitative 
social science research.

SEC. 208. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

    The Runaway and Homeless Youth Act (42 U.S.C. 5601 et seq.) is 
amended--
            (1) by redesignating part F as part G,
            (2) by inserting after part E the following:

          ``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN

``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN. .

    ``(a) In General.--The Secretary shall, directly or via contract, 
conduct a national homeless youth awareness campaign (referred to in 
this section as the `national awareness campaign') in accordance with 
this section for purposes of--
            ``(1) preventing runaway and homeless situations among 
        youth in the United States;
            ``(2) increasing awareness of individuals of all ages of 
        the issues facing youth in runaway and homeless situations;
            ``(3) assisting youth in crisis situations learn about 
        resources and services available in their communities to 
        intervene in or resolve the crisis; and
            ``(4) encouraging parents and guardians, educators, health 
        care professionals, social service professionals, law 
        enforcement officials, and other interested adults to assist 
        youth in averting or resolving runaway and homeless situations.
    ``(b) Use of Funds.--
            ``(1) In general.--Amounts made available to carry out this 
        section for the national awareness campaign may only be used 
        for the following:
                    ``(A) The purchase of media time and space, 
                including the strategic planning for, and accounting 
                of, such purchases.
                    ``(B) Creative and talent costs.
                    ``(C) Advertising production costs.
                    ``(D) Testing and evaluation of advertising.
                    ``(E) Evaluation of the effectiveness of the 
                national media campaign.
                    ``(F) The negotiated fees for the winning bidder on 
                requests for proposals issued by the Secretary to enter 
                into contracts to carry out activities authorized by 
                this section.
                    ``(G) Partnerships with national organizations 
                concerned with youth homelessness, community-based 
                youth service organizations, including faith-based 
                organizations, and government organizations related to 
                the national awareness campaign.
                    ``(H) Entertainment industry outreach, interactive 
                outreach, media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation.
                    ``(I) Operational and management expenses.
            ``(2) Specific requirements.--
                    ``(A) Testing and evaluation of advertising.--In 
                using amounts for testing and evaluation of advertising 
                under paragraph (1)(D), the Secretary shall test all 
                advertisements prior to use in the national awareness 
                campaign to ensure that the advertisements are 
                effective and meet industry-accepted standards.
                    ``(B) Evaluation of effectiveness of awareness 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the national awareness campaign under 
                paragraph (1)(E), the Secretary shall--
                            ``(i) designate an independent entity to 
                        evaluate the effectiveness of the national 
                        awareness campaign; and
                            ``(ii) ensure that the effectiveness of the 
                        national awareness campaign is evaluated in a 
                        manner that enables consideration of whether 
                        the national awareness has contributed to 
                        reducing runaway and homeless situations among 
                        youth, linking runaway and homeless youth to 
                        resources and services available in their 
                        communities, and such other measures of 
                        evaluation as the Secretary determinates are 
                        appropriate.
    ``(c) Prohibitions.--None of the amounts made available under 
subsection (b) may be obligated or expended for any of the following:
            ``(1) To supplant pro bono public service time donated by 
        national and local broadcasting networks for the national 
        awareness campaign.
            ``(2) For partisan political purposes, or express advocacy 
        in support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal.
            ``(3) To fund advertising that features any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal employees employed pursuant to 
        section 213 of Schedule C of title 5, Code of Federal 
        Regulations.
            ``(4) To fund advertising that does not contain a primary 
        message intended to reduce or prevent runaway and homeless 
        situations among youth.
            ``(5) To fund advertising containing a primary message 
        intended to promote support for the awareness campaign or 
        private sector contributions to the awareness campaign.
    ``(d) Financial and Performance Accountability.--The Secretary 
shall cause to be performed--
            ``(1) audits and reviews of costs of the national awareness 
        campaign pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
            ``(2) an audit to determine whether the costs of the 
        national awareness campaign are allowable under section 306 of 
        such Act (41 U.S.C. 256).
    ``(e) Report.--The Secretary shall include in each report submitted 
under section 381(a) a summary of the national awareness campaign that 
describes--
            ``(1) the strategy of the national awareness campaign and 
        whether specific objectives of the media campaign were 
        accomplished;
            ``(2) steps taken to ensure that the national awareness 
        campaign operates in an effective and efficient manner 
        consistent with the overall strategy and focus of the national 
        awareness campaign;
            ``(3) plans to purchase advertising time and space;
            ``(4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase advertising time 
        and space and eliminate the potential for waste, fraud, and 
        abuse; and
            ``(5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the national 
        awareness campaign.'', and
            (3) in section 388(a)--
                    (A) in paragraph (1) by striking ``part E'' and 
                inserting ``parts E and F'', and
                    (B) in paragraph (2) by adding at the end the 
                following:
            ``(5) Part f.--There are authorized to be appropriated to 
        carry out part F $20,000,000 for fiscal year 2009 and such sums 
        as may be necessary for fiscal years 2010, 2011, 2012, and 
        2013.''.

SEC. 209. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE 
              PROJECTS.

    Section 343(b) Runaway and Homeless Youth Act (42 U.S.C. 5714-
23(b)) is amended to read as follows:
    ``(b) Priorities.--The Secretary--
            ``(1) shall establish priorities for making grants for 
        purposes of carrying out projects under subsection (a); and
            ``(2) not later than 1 year after the effective date of 
        this subsection and at 2-year intervals thereafter, shall 
        provide an opportunity for public comment concerning the 
        priorities proposed under paragraph (1) and maintain an 
        official record of such public comment.''.

SEC. 210. SEXUAL ABUSE PREVENTION PROGRAM.

    Section 351(a)(1) Runaway and Homeless Youth Act (42 U.S.C. 5714-
41(a)(1)) is amended by inserting ``public and'' after ``priority to''.

SEC. 211. PERFORMANCE STANDARDS.

    Part G, as so redesignated, of Runaway and Homeless Youth Act (42 
U.S.C. 5714a et seq.) is amended by adding at the end the following:

``SEC. 290. PERFORMANCE STANDARDS.

    ``(a) Establishment of Performance Standards.--Not later than 2 
years after the effective date of this section, the Secretary shall 
issue rules that specify standards of performance for public and 
nonprofit private entities that receive grants under sections 311, 321 
and 351.
    ``(b) Consultation.--The Secretary shall consult with 
representatives of public and nonprofit entities that receive grants 
under this title, statewide and regional nonprofit organizations (and 
combinations of such organizations) that receive grants under this 
title, and national nonprofit organizations concerned with youth 
homelessness in developing the performance standards required by 
subsection (a).
    ``(c) Public Comment.--The Secretary shall provide an opportunity 
for public comment concerning the establishment of the performance 
standards required by subsection (a) before issuing rules to establish 
such standards and shall maintain an official record of such public 
comment.''.

SEC. 212. APPEALS.

    Part G, as so redesignated and as amended by section 209, of 
Runaway and Homeless Youth Act (42 U.S.C. 5714a et seq.) is amended by 
adding at the end the following:

``SEC. 291. APPEALS.

    ``(a) Establishment of Appeal Procedure.--Not later than 2 years 
after the effective date of this section, the Secretary shall establish 
by rule a timely appeal procedure applicable to review the amounts of 
grants made, and the denial of grants requested, under this title.
    ``(b) Consultation.--The Secretary shall consult with 
representatives of public and nonprofit private entities that receive 
grants under this title, statewide and regional nonprofit organizations 
(and combinations of such organizations) that receive grants under this 
title, and national nonprofit organizations concerned with youth 
homelessness in establishing the appeal procedure required by 
subsection (a).
    ``(c) Public Comment.--The Secretary shall provide an opportunity 
for public comment concerning the establishment of the appeal procedure 
required by subsection (a) before issuing rules to establish such 
procedure and shall maintain an official record of such public 
comment.''.

SEC. 213. DEFINITION.

    Section 387 Runaway and Homeless Youth Act (42 U.S.C. 5732a) is 
amended--
            (1) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively, and
            (2) by inserting after paragraph (3) the following:
            ``(4) Runaway youth.--The term `runaway youth' means an 
        individual who is less than 18 years of age and who absents 
        himself or herself from home or place of legal residence 
        without the permission of parents or legal guardians.''.

SEC. 214. AUTHORIZATION OF APPROPRIATIONS.

    Section 388(a) Runaway and Homeless Youth Act (42 U.S.C. 5751(a)) 
is amended--
            (1) in paragraph (1)--
                    (A) by striking ``$105,000,000 for fiscal year 
                2004'' and inserting ``$200,000,000 for fiscal year 
                2009'', and
                    (B) by striking ``2005, 2006, 2007, and 2008'' and 
                inserting ``2010, 2011, 2012, and 2013'' , and
            (2) in paragraph (4) by striking ``such sums as may be 
        necessary for fiscal years 2004, 2005, 2006, 2007, and 2008'' 
        and inserting ``$30,000,000 for fiscal year 2009 and such sums 
        as may be necessary for fiscal years 2010, 2011, 2012, and 
        2013''.

SEC. 215. LOAN FORGIVENESS FOR RUNAWAY AND HOMELESS YOUTH WORKERS.

    (a) FFEL and Direct Loan Forgiveness.--Title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting 
after section 428K the following new section:

``SEC. 428L. LOAN FORGIVENESS FOR RUNAWAY AND HOMELESS YOUTH WORKERS.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as workers for 
runaway and homeless youth.
    ``(b) Loan Forgiveness.--
            ``(1) Loan forgiveness authorized.--The Secretary is 
        authorized to forgive, in accordance with this section and the 
        agreement described in subsection (e), the student loan debt of 
        an eligible borrower in the amount specified in subsection (d) 
        and for the period specified in such agreement.
            ``(2) Method of loan forgiveness.--To provide the loan 
        forgiveness authorized in paragraph (1), the Secretary is 
        authorized to carry out a program--
                    ``(A) through the holder of the loan, to assume the 
                obligation to repay a qualified loan amount for a loan 
                made under part B of this title; and
                    ``(B) to cancel a qualified loan amount for a loan 
                made under part D of this title.
    ``(c) Eligible Borrower.--The Secretary is authorized to provide 
loan forgiveness under this section to any individual who--
            ``(1) is employed as a worker for runaway and homeless 
        youth on, at a minimum, a part-time basis of at least 20 hours 
        per week, and who has been employed as such for not less than 5 
        consecutive years on, at minimum, such a part-time basis; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Loan Forgiveness Amount.--The Secretary may, from funds 
appropriated under subsection (l), forgive the loan obligation of an 
eligible borrower in accordance with such terms, limitations, and 
conditions as may be mutually agreed upon by such borrower and the 
Secretary in the agreement described in subsection (e), except that the 
amount paid by the Secretary under this section shall not exceed 
$17,500 in the aggregate for any borrower.
    ``(e) Loan Forgiveness Agreement.--
            ``(1) Terms of agreement.--The Secretary shall not provide 
        loan forgiveness to an eligible borrower unless the borrower 
        enters into a written agreement with the Secretary which 
        provides that--
                    ``(A) the borrower shall remain employed as a 
                worker for runaway and homeless youth for a period of 
                service specified in the agreement (but not less than 5 
                years), unless involuntarily separated from that 
                employment;
                    ``(B) if the borrower is involuntarily separated 
                from the employment described in subparagraph (A) on 
                account of misconduct, or voluntarily separates from 
                that employment, before the end of the period specified 
                in the agreement, the borrower shall repay the 
                Secretary the amount of any benefits received by such 
                borrower under this section;
                    ``(C) if the borrower is required to repay an 
                amount to the Secretary under subparagraph (B) and 
                fails to repay such amount, a sum equal to such amount 
                shall be recoverable by the Government from the 
                borrower (or such borrower's estate, if applicable) by 
                such method as is provided by law for the recovery of 
                amounts owing to the Government;
                    ``(D) the Secretary may waive, in whole or in part, 
                a right of recovery under this subsection if it is 
                shown that recovery would be against equity and good 
                conscience or against the public interest; and
                    ``(E) the Secretary shall provide loan forgiveness 
                under this section for the period of the agreement, 
                subject to the availability of appropriations.
            ``(2) Agreement renewal.--Upon completion by an eligible 
        borrower of the period of service required under the agreement 
        described in paragraph (1), the Secretary may renew such 
        agreement with the eligible borrower for a successive period of 
        service to be specified in the renewed agreement (which may be 
        less than 5 years).
    ``(f) Repayments by Borrowers.--Any amount repaid by, or recovered 
from, a borrower (or a borrower's estate) under subsection (e)(1)(B) 
shall be credited to the appropriation account from which the loan 
forgiveness amount involved was originally paid. Any amount so credited 
shall be merged with other sums in such account and shall be available 
for the same purposes and period, and subject to the same limitations 
(if any), as the sums with which the amount was merged.
    ``(g) Application for Loan Forgiveness.--An eligible borrower 
desiring loan forgiveness under this section shall submit a complete 
and accurate application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(h) Priority.--The Secretary shall provide loan forgiveness under 
this section on a first-come, first-served basis, and subject to the 
availability of appropriations.
    ``(i) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(j) Construction.--Nothing in this section shall be construed to 
authorize the refunding of any repayment of any loan made by a borrower 
prior to the date on which the Secretary entered into an agreement with 
the borrower under subsection (e).
    ``(k) Definition.--In this section the term `worker for runaway and 
homeless youth' means an employee of a public or nonprofit private 
entity providing services for runaway and homeless youth that is an 
entity receiving grant awards under section 5711, section 5714-1, or 
section 5714-41 of the Runaway and Homeless Youth Act (42 U.S.C. 5701 
et seq.), or that the Secretary of Health and Human Services determines 
to meet the requirements for receiving such grant awards.
    ``(l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2009, and such sums as may be necessary for each of the fiscal years 
2010 through 2013.''.
    (b) Cancellation of Loans.--
            (1) Amendment.--Section 465(a)(2) of the Higher Education 
        Act of 1965 (20 U.S.C. 1087ee(a)(2)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (H);
                    (B) by striking the period at the end of 
                subparagraph (I) and inserting ``; or''; and
                    (C) by inserting after subparagraph (I) the 
                following new subparagraph:
                    ``(J) as a full-time worker for runaway and 
                homeless youth (as defined in section 428L).''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to--
                    (A) eligible loans made before, on, or after the 
                date of enactment of this Act; and
                    (B) service as a worker for runaway and homeless 
                youth (as defined in section 428L of the Higher 
                Education Act of 1965, as amended by subsection (a) of 
                this section) that is provided on or after the date of 
                enactment of this Act.
            (3) Construction.--Nothing in this subsection shall be 
        construed to authorize the refunding of any repayment of a loan 
        made by a borrower prior to the date on which the borrower 
        became eligible for cancellation under section 465(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1087ee(a)).

                Subtitle B--HUD McKinney-Vento Programs

SEC. 221. DEFINITION OF HOMELESS INDIVIDUAL.

    Section 103 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11302) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) In General.--For purposes of this Act, the terms `homeless', 
`homeless individual', and `homeless person'--
            ``(1) mean an individual who lacks a fixed, regular, and 
        adequate nighttime residence; and
            ``(2) include--
                    ``(A) an individual who--
                            ``(i) is sharing the housing of other 
                        persons due to loss of housing, economic 
                        hardship, or a similar reason;
                            ``(ii) is living in a motel, hotel, trailer 
                        park, or camping ground due to the lack of 
                        alternative adequate accommodations;
                            ``(iii) is living in an emergency or 
                        transitional shelter;
                            ``(iv) is abandoned in a hospital; or
                            ``(v) is awaiting foster care placement;
                    ``(B) an individual who has a primary nighttime 
                residence that is a public or private place not 
                designed for or ordinarily used as a regular sleeping 
                accommodation for human beings;
                    ``(C) an individual who is living in a car, park, 
                public space, abandoned building, substandard housing, 
                bus or train station, or similar setting; and
                    ``(D) migratory children (as such term is defined 
                in section 1309 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6399) who qualify as 
                homeless for the purposes of this Act because the 
                children are living in circumstances described in any 
                of subparagraphs (A) through (C) of this paragraph.''; 
                and
            (2) in subsection (c)--
                    (A) by striking ``or otherwise detained''; and
                    (B) by inserting after the period at the end the 
                following: ``Such term includes individuals who have 
                been released from prison on parole.''.

SEC. 222. ELIGIBILITY OF ACTIVITIES TO PROVIDE FAMILY SUPPORT SERVICES 
              UNDER EMERGENCY SHELTER GRANTS PROGRAM .

    Subsection (a) of section 414 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11374(a)) is amended by inserting after 
paragraph (4) the following new paragraph:
            ``(5) Programs and projects to preserve, support, or 
        reunify families in which a child or youth member is a runaway, 
        homeless, or street youth or at risk of becoming a runaway, 
        homeless, or street youth.''.

SEC. 223. ELIGIBILITY OF FAMILY STRENGTHENING PROJECTS TO PREVENT YOUTH 
              HOMELESSNESS UNDER SUPPORTIVE HOUSING PROGRAM.

    Subsection (c) of section 425 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11385(c)) is amended by striking ``and (G)'' 
and inserting the following: ``(G) establishing and operating programs 
and projects to preserve, support, or reunify families in which a child 
or youth member is a runaway, homeless, or street youth or at risk of 
becoming a runaway, homeless, or street youth, and (H)''.

      Subtitle C--John H. Chafee Foster Care Independence Program

SEC. 231. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.

    (a) Increase in Annual Authorization Level.--Section 477(h)(1) of 
the Social Security Act (42 U.S.C. 677(h)(1)) is amended by striking 
``$140,000,000'' and inserting ``$200,000,000''.
    (b) Expansion of Eligibility for Services.--Section 477 of such Act 
(42 U.S.C. 677) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``18'' and 
                inserting ``14''; and
                    (B) in paragraph (5), by striking ``between 18 and 
                21'' and inserting ``who have attained 18 years of age, 
                and who have not attained 25 years of age'';
            (2) in each of subsections (b)(3)(A) and (b)(3)(B), by 
        striking ``21'' and inserting ``25'';
            (3) in subsection (i)--
                    (A) in paragraph (2), by striking ``youths adopted 
                from foster care after attaining age 16'' and inserting 
                ``youths in or exiting from foster care after attaining 
                14 years of age''; and
                    (B) by striking paragraph (3) and redesignating 
                paragraphs (4) through (6) as paragraphs (3) through 
                (5), respectively.
    (c) Authority To Use Program Funds To Provide Independent Living 
Services and Education and Training Vouchers for Children Who Exit 
Foster Care to Guardianship or Adoption After Age 14.--
            (1) Independent living services.--Section 477(a) of such 
        Act (42 U.S.C. 677(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) to provide the services referred to in this 
        subsection to children who, after attaining 14 years of age, 
        have left foster care for kinship guardianship or adoption.''.
            (2) Education and training vouchers.--Section 477(i)(2) of 
        such Act (42 U.S.C. 677(i)(2)) is amended by striking ``from 
        foster care after attaining age 16'' and inserting ``or 
        entering kinship guardianship from foster care after attaining 
        14 years of age''.
    (d) Eligibility of Private Service Providers for Funds.--Section 
477(b)(2) of such Act (42 U.S.C. 677(b)(2)) is amended by adding at the 
end the following:
                    ``(G) Distribute funds provided to the State under 
                this section among a diverse range of qualified 
                providers of services that are private entities, and 
                ensure that the entities have equal opportunity to 
                receive the funds.''.
    (e) Expansion of Program Evaluations.--Section 477(g)(1) of such 
Act (42 U.S.C. 677(g)(1)) is amended--
            (1) in the 1st sentence, by inserting ``, and of model 
        programs that focus on improving outcomes for youth aging out 
        of care in the areas of education, employment, personal 
        development, and housing'' after ``significance'';
            (2) in the 2nd sentence, by striking ``and personal 
        development'' and inserting ``mental and physical health, 
        personal development, and housing, and on the use of room and 
        board services and how the use of the services improve housing 
        outcomes for youth.''; and
            (3) in the 3rd sentence, by inserting ``, where 
        practicable,'' before ``random assignment''.
    (f) Improving Awareness of Available Services.--
            (1) Duties of the secretary.--Section 477 of such Act (42 
        U.S.C. 677) is amended by adding at the end the following:
    ``(j) Distribution of Information About Other Related Programs.--To 
improve access to the array of services available to youth 
transitioning out of foster care and assist States in leveraging 
available resources, the Secretary shall provide for the efficient 
distribution to States and local areas of information about Federal 
programs, other than the program established by this section, that may 
assist youth in their transition to self-sufficiency and provide 
guidance on how to access services under the programs.''.
            (2) Duties of the state.--Section 477(b)(3) of such Act (42 
        U.S.C. 677(b)(3)) is amended--
                    (A) by redesignating subparagraphs (H) through (J) 
                as subparagraphs (I) through (K), respectively; and
                    (B) by inserting after subparagraph (F) the 
                following:
            ``(G) A certification by the chief executive officer that, 
        when or before a child leaves foster care under the 
        responsibility of the State, the State will inform the child of 
        the full range of available financial, housing, counseling, 
        health, public benefit employment, and education services, and 
        other appropriate support and services for which the child is 
        eligible.''.

           Subtitle D--Youth Offender Reentry Grants Program

SEC. 241. ESTABLISHMENT OF PROGRAM.

    The Attorney General shall carry out a program under which the 
Attorney General may award grants to States to provide for programs 
designed and conducted for the following purposes:
            (1) To identify individuals who are incarcerated in 
        correctional facilities and who are likely to be released from 
        such facilities before attaining 25 years of age, and to help 
        such individuals make the transition to self-sufficiency by 
        providing pre-release services such discharge planning and 
        reentry planning, training in daily living skills, training in 
        parenting skills, training in budgeting and financial 
        management skills, substance abuse prevention, mental health 
        counseling, and preventive health activities (including smoking 
        avoidance, nutrition education, sexually transmitted illnesses 
        prevention (including HIV prevention), and pregnancy 
        prevention), and assistance in applying for income assistance 
        and health insurance for which the individual may be eligible.
            (2) To help such individuals receive at the pre-release and 
        post-release stages the education, training, and services 
        necessary to obtain employment and housing.
            (3) To help such individuals at the pre-release and post-
        release stages prepare for and enter postsecondary training and 
        education institutions.
            (4) To provide personal and emotional support to such 
        individuals at the pre-release and post-release stages through 
        mentors and the promotion of interactions with dedicated 
        adults.
            (5) To provide post-release financial, housing, counseling, 
        employment, education, health and mental health, assistance in 
        applying for public benefits, and other appropriate support and 
        services to such individuals to complement their own efforts to 
        achieve self-sufficiency and to assure that program 
        participants recognize and accept their personal responsibility 
        for preparing for and then making the transition from 
        adolescence to adulthood.
            (6) To make available to such individuals post-release 
        vouchers for education and training, including postsecondary 
        training and education.
            (7) To help such individuals at the pre-release and post-
        release stages repair harm to victims, family members, and 
        communities caused by their offense, including through 
        community service and through victim impact programming.

SEC. 242. APPLICATIONS.

    (a) In General.--A State may apply for funds from its allotment 
under section 243 for a period of five consecutive fiscal years by 
submitting to the Attorney General, in writing, a plan that meets the 
requirements of subsection (b) and the certifications required by 
subsection (c) with respect to the plan.
    (b) State Plan.--A plan meets the requirements of this subsection 
if the plan specifies which State agency or agencies will administer, 
supervise, or oversee the programs carried out under the plan, and 
describes how the State intends to do the following:
            (1) Design and deliver programs to achieve the purposes of 
        this title.
            (2) Ensure utilization of funds for both pre-release and 
        post-release supports and services, though not necessarily in a 
        uniform manner.
            (3) Ensure that the programs serve individuals described in 
        section 241(1) of various ages and at various stages of 
        achieving independence.
            (4) Involve the public and private sectors in helping such 
        individuals achieve independence.
            (5) Distribute funds provided to the State under this 
        section among a diverse range of qualified private nonprofit 
        providers of post-release supports and services, and ensure 
        that the entities have equal opportunity to receive the funds.
            (6) Cooperate in national evaluations of the effects of the 
        programs in achieving the purposes of this title.
    (c) Certifications.--The certifications required by this paragraph 
with respect to a plan are the following:
            (1) A certification by the chief executive officer of the 
        State that the State will provide assistance and services to 
        individuals described in section 241(1).
            (2) A certification by the chief executive officer of the 
        State that not more than 30 percent of the amounts paid to the 
        State from its allotment under section 243 for a fiscal year 
        will be expended for post-release room or board for such 
        individuals.
            (3) A certification by the chief executive officer of the 
        State that the State will provide training to help family 
        members, providers of supports and services, and correctional 
        facility personnel understand and address the issues 
        confronting such individuals preparing for independent living.
            (4) A certification by the chief executive officer of the 
        State that the State has consulted widely with public and 
        private organizations in developing the plan and that the State 
        has given all interested members of the public at least 30 days 
        to submit comments on the plan.
            (5) A certification by the chief executive officer of the 
        State that the State will make every effort to coordinate the 
        State programs receiving funds provided from an allotment made 
        to the State under section 243 with other Federal and State 
        programs for any of such individuals (especially the John H. 
        Chafee Foster Care Independence Program under 42 U.S.C. 677 and 
        transitional living youth projects funded under part B of title 
        III of the Juvenile Justice and Delinquency Prevention Act of 
        1974 (42 U.S.C. 5714-1 et seq.)), local housing programs, 
        programs for disabled individuals, and youth activities of 
        local workforce one-stop centers.
            (6) A certification by the chief executive officer of the 
        State that each Indian tribe in the State has been consulted 
        about the programs to be carried out under the plan; that there 
        have been efforts to coordinate the programs with such tribes; 
        and that benefits and services under the programs will be made 
        available to such individuals who are Indian in the State on 
        the same basis as to other such individuals in the State.
            (7) A certification by the chief executive officer that, 
        when or before an individual described in section 241(1) leaves 
        a correctional facility, the State will inform the individual 
        of the full range of available financial, housing, counseling, 
        health and mental health, employment, education, community 
        services, victim impact programming, and other appropriate 
        support and services for which the individual is eligible.
            (8) A certification by the chief executive officer of the 
        State that the State will ensure that such individuals 
        participating in the program under this title participate 
        directly in designing their own case plans, discharge plans, 
        reentry plans and program activities that prepare them for 
        independent living and that such individuals accept personal 
        responsibility for living up to their part of the program.
            (9) A certification by the chief executive officer of the 
        State that the State has established and will enforce standards 
        and procedures to prevent fraud and abuse in the programs 
        carried out under the plan.
            (10) A certification by the chief executive officer of the 
        State that the State educational and training voucher program 
        under this title is in compliance with the conditions specified 
        in section 249, including a statement describing methods the 
        State will use--
                    (A) to ensure that the total amount of educational 
                assistance to any such individual under this title and 
                under other Federal and federally supported programs 
                does not exceed the limitation specified in section 
                249(3); and
                    (B) to avoid duplication of benefits under this and 
                any other Federal or federally assisted benefit 
                program.
    (d) Approval.--The Attorney General shall approve an application 
submitted by a State pursuant to subsection (a) for a period if--
            (1) the application is submitted on or before June 30 of 
        the calendar year in which such period begins; and
            (2) the Attorney General finds that the application 
        contains the material required by subsection (a).
    (e) Authority To Implement Certain Amendments; Notification.--A 
State with an application approved under subsection (d) may implement 
any amendment to the plan contained in the application if the 
application, incorporating the amendment, would be approvable under 
subsection (d). Within 30 days after a State implements any such 
amendment, the State shall notify the Attorney General of the 
amendment.
    (f) Availability.--The State shall make available to the public any 
application submitted by the State pursuant to subsection (a), and a 
brief summary of the plan contained in the application.

SEC. 243. ALLOTMENTS TO STATES.

    (a) General Program Allotment.--From the amount specified in 
section 248(1) that remains after applying section 247(b) for a fiscal 
year, the Attorney General shall allot to each State with an 
application approved under section 242 for the fiscal year the amount 
which bears the ratio to such remaining amount equal to the State youth 
ratio, as adjusted in accordance with subsection (b).
    (b) Hold Harmless Position.--
            (1) In general.--The Attorney General shall allot to each 
        State whose allotment for a fiscal year under subsection (a) is 
        less than the greater of $500,000 or the amount payable to the 
        State under this title for fiscal year 2008, an additional 
        amount equal to the difference between such allotment and such 
        greater amount.
            (2) Ratable reduction of certain allotments.--In the case 
        of a State not described in paragraph (1) for a fiscal year, 
        the Attorney General shall reduce the amount allotted to the 
        State for the fiscal year under subsection (a) by the amount 
        that bears the same ratio to the sum of the differences 
        determined under paragraph (1) for the fiscal year as the 
        excess of the amount so allotted over the greater of $500,000 
        or the amount payable to the State under this title for fiscal 
        year 1998 bears to the sum of such excess amounts determined 
        for all such States.
    (c) Voucher Program Allotment.--From the amount, if any, 
appropriated pursuant to section 248(2) for a fiscal year, the Attorney 
General may allot to each State with an application approved under 
section 242 for the fiscal year an amount equal to the State youth 
ratio multiplied by the amount so specified.
    (d) State Youth Ratio.--In this section, the term ``State youth 
ratio'' means the ratio of the number individuals who have attained at 
least age 13 and who have not attained age 25 in the State in the most 
recent fiscal year for which the information is available to the total 
number of individuals who have attained at least age 13 and who have 
not attained age 25 in all States for the most recent fiscal year.

SEC. 244. USE OF FUNDS.

    (a) In General.--A State to which an amount is paid from its 
allotment under section 243 may use the amount in any manner that is 
reasonably calculated to accomplish the purposes of this title.
    (b) No Supplantation of Other Funds Available for Same General 
Purposes.--The amounts paid to a State from its allotment under section 
243 shall be used to supplement and not supplant any other funds which 
are available for the same general purposes in the State.
    (c) Two-Year Availability of Funds.--Payments made to a State under 
this title for a fiscal year shall be expended by the State in the 
fiscal year or in the succeeding fiscal year.
    (d) Reallocation of Unused Funds.--If a State does not apply for 
funds under this title for a fiscal year within such time as may be 
provided by the Attorney General, the funds to which the State would be 
entitled for the fiscal year shall be reallocated to 1 or more other 
States on the basis of their relative need for additional payments 
under this title, as determined by the Attorney General.

SEC. 245. PENALTIES.

    (a) Use of Grant in Violation of This Part.--The Attorney General 
shall assess a penalty against a State that fails to operate a program 
receiving funds from an allotment made to a State under section 243 in 
a manner that is consistent with, or not disclosed in the State 
application approved under section 242 in an amount equal to not less 
than 1 percent and not more than 5 percent of the amount of the 
allotment.
    (b) Failure To Comply With Data Reporting Requirement.--The 
Attorney General shall assess a penalty against a State that fails 
during a fiscal year to comply with an information collection plan 
implemented under section 246 in an amount equal to not less than 1 
percent and not more than 5 percent of the amount allotted to the State 
for the fiscal year.
    (c) Penalties Based on Degree of Noncompliance.--The Attorney 
General shall assess penalties under this subsection based on the 
degree of noncompliance.

SEC. 246. DATA COLLECTION AND PERFORMANCE MEASUREMENT.

    (a) In General.--The Attorney General, in consultation with State 
and local public officials responsible for administering juvenile 
justice and criminal justice programs, juvenile justice advocates, 
youth service providers, and researchers, shall--
            (1) develop outcome measures (including measures of 
        educational attainment, high school diploma (or its 
        equivalent), employment, homelessness, nonmarital childbirth, 
        recidivism, and high-risk behaviors) that can be used to assess 
        the performance of States in operating youth offender reentry 
        programs;
            (2) identify data elements needed to track--
                    (A) the number and characteristics of youths 
                receiving services under this title;
                    (B) the type and quantity of services being 
                provided; and
                    (C) State performance on the outcome measures; and
            (3) develop and implement a plan to collect the needed 
        information beginning with the second fiscal year beginning 
        after December 14, 2008.

SEC. 247. EVALUATIONS.

    (a) In General.--The Attorney General shall conduct evaluations of 
such State programs funded under this title as the Attorney General 
deems to be innovative or of potential national significance. The 
evaluation of any such program shall include information on the effects 
of the program on education, employment, mental and physical health, 
personal development, and housing, and the use of room and board 
services and how the use of the services improves housing outcomes for 
the individuals. To the maximum extent practicable, the evaluations 
shall be based on rigorous scientific standards including, where 
practicable, random assignment to treatment and control groups. The 
Attorney General is encouraged to work directly with State and local 
governments to design methods for conducting the evaluations, directly 
or by grant or contract.
    (b) Funding of Evaluations.--The Attorney General shall reserve 1.5 
percent of the amount under section 248 for a fiscal year to carry out, 
during the fiscal year, evaluation, technical assistance, performance 
measurement, and data collection activities related to this title, 
directly or through grants or contracts with appropriate entities.

SEC. 248. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year--
            (1) $200,000,000 to carry out this title; and
            (2) $60,000,000 to carry out section 249.

SEC. 249. EDUCATIONAL AND TRAINING VOUCHERS.

    The following conditions shall apply to a State educational and 
training voucher program under this title:
            (1) Vouchers under the program may be available to 
        individuals who are eligible for other services under the State 
        program carried out under this title.
            (2) Vouchers provided for an individual under this title--
                    (A) may be available for the cost of attendance at 
                an institution of higher education, as defined in 
                section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002); and
                    (B) shall not exceed the lesser of $5,000 per year 
                or the total cost of attendance, as defined in section 
                472 of the Higher Education Act of 1965 (20 
                U.S.C.1087ll).
            (3) The amount of a voucher under this title may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        federally supported assistance, except that the total amount of 
        educational assistance to an individual under this title and 
        under other Federal and federally supported programs shall not 
        exceed such total cost of attendance and except that the State 
        agency shall take appropriate steps to prevent duplication of 
        benefits under this and other Federal or federally supported 
        programs.
            (4) The program is coordinated with other appropriate 
        education and training programs.

     Subtitle E--Transitional Housing Program for Youth Victims of 
                     Commercial Sexual Exploitation

SEC. 251. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF 
              COMMERCIAL SEXUAL EXPLOITATION.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.) is amended by inserting after section 319 the following new 
section:

``SEC. 319A. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF 
              COMMERCIAL SEXUAL EXPLOITATION.

    ``(a) Authority for Program.--The Secretary of Health and Human 
Services shall, to the extent amounts are made available for grants 
under this section, make grants and provide technical assistance under 
this section to public and nonprofit private entities to protect, 
treat, and promote a transition to self-sufficient living for youth 
subjected to trafficking through establishing and operating safe houses 
for such youth.
    ``(b) Eligibility for Assistance.--Assistance under this section 
may be provided only for the establishment, strengthening, or funding 
of a facility or facilities, which may be group homes, host family 
homes, or supervised apartments, as residences for youth subjected to 
trafficking that--
            ``(1) provide voluntary and confidential access to such 
        youth;
            ``(2) provide adequate and appropriate protection to such 
        youth from sexual exploiters, including on-site supervision at 
        each facility that is not a host family home;
            ``(3) provide such youth with appropriate services under 
        subsection (d) to facilitate transition of the resident youth 
        to self-sufficient living; and
            ``(4) provide a number of staff sufficient to ensure that 
        all youth at the facility receive adequate supervision and 
        services.
    ``(c) Supportive Services.--Support services described in this 
subsection include the following:
            ``(1) outreach for the purpose of identifying youth 
        subjected to trafficking;
            ``(2) preventative, primary care and specialty health 
        services (including screening and treatment for sexually 
        transmitted illnesses, counseling, mental health services, and 
        substance abuse services);
            ``(3) habilitation and rehabilitation;
            ``(4) case management;
            ``(5) service coordination;
            ``(6) personal financial planning;
            ``(7) life skills education;
            ``(8) parenting education;
            ``(9) transportation;
            ``(10) vocational training;
            ``(11) employment and training;
            ``(12) education;
            ``(13) assistance in obtaining public benefits;
            ``(14) assistance in obtaining income support;
            ``(15) assistance in obtaining health insurance;
            ``(16) representative payee services;
            ``(17) legal assistance;
            ``(18) child care;
            ``(19) housing counseling;
            ``(20) recreational services;
            ``(21) leadership development; and
            ``(22) other services necessary for transition to self-
        sufficient living.
    ``(d) Term of Assistance.--A facility assisted under this section 
may not provide residence, shelter, support services, or other 
assistance to any youth subjected to trafficking for a period of more 
than 730 days, except that a youth subjected to trafficking who, as of 
the last day of such a 730-day period of assistance, has not attained 
21 years of age, may, if otherwise, continue to be provided such 
assistance until the youth attains 21 years of age.
    ``(e) Reports.--
            ``(1) To secretary.--
                    ``(A) In general.--Each entity that receives a 
                grant under this section shall annually prepare and 
                submit to the Secretary a report describing the number 
                of youths assisted, and the types of assistance 
                provided, pursuant to this section.
                    ``(B) Contents.--Each report shall include 
                information regarding--
                            ``(i) the purpose and amount of shelter 
                        provided to each youth assisted pursuant to 
                        this section;
                            ``(ii) the number of months each youth was 
                        provided such assistance;
                            ``(iii) the number of youth who were 
                        eligible for such assistance, but for whom the 
                        entity could not provide assistance solely due 
                        to a lack of available housing; and
                            ``(iv) the type of services provided to 
                        each youth assisted pursuant to this section; 
                        and
                            ``(v) such other information as the 
                        Secretary considers necessary or appropriate to 
                        carry out the purposes of this section.
            ``(2) To congress.--The Secretary shall annually prepare 
        and submit to the Committee on Education and Labor of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate a report that contains a compilation of the information 
        contained in reports submitted to the Secretary under paragraph 
        (1).
    ``(f) Evaluation, Monitoring, and Administration.--Of the amount 
appropriated under subsection (h) for each fiscal year, the Secretary 
may use not more than 1 percent for evaluation, monitoring, and 
administrative costs under this section.
    ``(g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Severe forms of trafficking in persons.--The term 
        `severe forms of trafficking in persons' has the meaning given 
        such term in section 103 of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102).
            ``(2) Sex trafficking.--The term `sex trafficking' has the 
        meaning given the term in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102).
            ``(3) Youth subjected to trafficking.--The term `youth 
        subjected to trafficking' means an individual, regardless of 
        whether or not the individual is a citizen of the United 
        States, who--
                    ``(A) is the subject of sex trafficking or severe 
                forms of trafficking in persons that occurs, in whole 
                or in part, within the territorial jurisdiction of the 
                United States; and
                    ``(B) has attained at least 13 years of age and is 
                not more than 24 years of age at the time the 
                individual is identified as having been the subject of 
                sex trafficking or severe forms of trafficking in 
                persons.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2008 
and such sums as may be necessary for each fiscal years 2009 through 
2012.
    ``(i) Regulations.--The Secretary shall issue any regulations 
necessary or appropriate to carry out this section.''.

             TITLE III--YOUTH ACCESS TO SUPPORTIVE SERVICES

SEC. 301. WORK OPPORTUNITY CREDIT.

    (a) In General.--Paragraph (1) of section 51(d) of the Internal 
Revenue Code of 1986 is amended by striking ``or'' at the end of 
subparagraph (H), by striking the period at the end of subparagraph (I) 
and inserting ``, or'', and adding at the end the following new 
subparagraph:
                    ``(J) a qualified homeless youth.''.
    (b) Qualified Homeless Youth.--Subsection (d) of section 51 of such 
Code is amended by redesignating paragraphs (11) through (13) as 
paragraphs (12) through (14), respectively, and by inserting after 
paragraph (10) the following new paragraph:
            ``(11) Qualified homeless youth.--The term `qualified 
        homeless youth' means any individual who is certified by the 
        designated local agency--
                    ``(A) as having attained age 16 but not age 25 on 
                the hiring date; and
                    ``(B) as being described in paragraph (2) of 
                section 725 of the McKinney-Vento Homeless Assistance 
                Act (42 U.S.C. 11434a), as in effect on the date of the 
                enactment of this paragraph, on the hiring date.''.
    (c) Effective Date.--The amendments made by this subsection shall 
apply to individuals who begin work for the employer after the date of 
the enactment of this Act.

SEC. 302. UNACCOMPANIED YOUTH ACCESS TO WORKFORCE INVESTMENT 
              ACTIVITIES.

    (a) Definition.--Section 101 of the Workforce Investment Act of 
1998 (20 U.S.C. 2801) is amended by redesignating paragraphs (52) and 
(53) as paragraphs (53) and (54), respectively, and inserting after 
paragraph (51) the following new paragraph:
            ``(52) Youth.--The term `youth' means an individual age 13 
        through 24.''.
    (b) Representatives of Homeless Youth on WIA Youth Councils.--
Section 117(h)(2)(A) of the Workforce Investment Act of 1998 (20 U.S.C. 
2832(h)(2)(A)) is amended by redesignating clause (iii) through (vi) as 
clause (iv) through (vii), respectively, and inserting after clause 
(ii) the following new clause:
                            ``(iii) representatives of organizations or 
                        agencies that provide assistance to runaway or 
                        homeless youth;''.
    (c) Participation of Youth in WIA Activities Without Parental 
Consent.--Section 112(b)(18)(B) of the Workforce Investment Act of 1998 
(20 U.S.C. 2822(b)(18)(B)) is amended by striking the semicolon at the 
end and inserting ``, and including criteria that provides for the 
participation of minor-age youth in youth activities without a 
requirement of parental consent;''.

SEC. 303. UNACCOMPANIED YOUTH ACCESS TO PUBLIC HEALTH SERVICES.

    (a) Prevention, Treatment, and Rehabilitation Model Projects for 
High Risk Youth.--
            (1) Prioritization of services for runaway, homeless, and 
        street youth.--Section 517(b) of the Public Health Service Act 
        (42 U.S.C. 290bb-23(b)) is amended--
                    (A) in paragraph (1), by inserting ``runaway, 
                homeless, and street children and youth,'' after 
                ``adolescent parents,''; and
                    (B) in paragraph (2), by inserting 
                ``homelessness,'' after ``suicide,''.
            (2) Definition of runaway, homeless, and street youth as 
        high risk.--Section 517(g) of the Public Health Service Act (42 
        U.S.C. 290bb-23(g)) is amended--
                    (A) in paragraph (9), by striking ``or'' after the 
                semicolon;
                    (B) in paragraph (10), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following paragraph:
            ``(11) is a runaway, homeless, or street youth.''.
    (b) Substance Abuse Treatment Services for Children and 
Adolescents.--
            (1) Technical amendment.--The second section 514 of the 
        Public Health Service Act (42 U.S.C. 290bb-9; relating to 
        methamphetamine and amphetamine treatment initiative) is 
        redesignated as section 514B.
            (2) Priority.--Section 514(b) of the Public Health Service 
        Act (42 U.S.C. 290bb-7(b)) is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) provide treatment and aftercare services to runaway, 
        homeless, and street youth.''.
            (3) Authorization of appropriations.--Section 514(f) of the 
        Public Health Service Act (42 U.S.C. 290bb-7(f)) is amended--
                    (A) by striking ``There are'' and inserting the 
                following:
            ``(1) In general.--There are'';
                    (B) by striking ``and'' before ``such sums'';
                    (C) by inserting ``, and $60,000,000 for each of 
                fiscal years 2008 through 2012'' before the period at 
                the end; and
                    (D) by adding at the end the following:
            ``(2) Allocation.--Of the amount appropriated to carry out 
        this section for a fiscal year, $20,000,000 shall be for 
        providing grants, contracts, and cooperative agreements under 
        subsection (a) for treatment and aftercare services to runaway, 
        homeless, and street youth.''.
    (c) Grants for the Benefit of Homeless Individuals.--Section 506(e) 
of the Public Health Service Act (42 U.S.C. 290aa-5(e)) is amended--
            (1) by striking ``and'' before ``such sums''; and
            (2) by inserting ``, and $100,000,000 for each of fiscal 
        years 2008 through 2012'' before the period at the end.
    (d) Increased Collaboration Between SAMHSA and ACF.--
            (1) Center for substance abuse treatment.--Section 507(b) 
        of the Public Health Service Act (42 U.S.C. 290bb(b)) is 
        amended--
                    (A) in paragraph (13), by striking ``and'' at the 
                end;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(15) collaborate with the Assistant Secretary for 
        Children and Families to develop programs to provide substance 
        abuse treatment services to--
                    ``(A) children and families who have or had contact 
                with the child welfare system; and
                    ``(B) runaway, homeless, and street youth and their 
                families.''.
            (2) Office for substance abuse prevention.--Section 515(b) 
        of the Public Health Service Act (42 U.S.C. 290bb-21(b)) is 
        amended--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(12) collaborate with the Assistant Secretary for 
        Children and Families to develop programs to prevent alcohol 
        abuse and drug abuse among--
                    ``(A) children and families who have or had contact 
                with the child welfare system; and
                    ``(B) runaway, homeless, and street youth and their 
                families.''.
            (3) Center for mental health services.--Section 520(b) of 
        the Public Health Service Act (42 U.S.C. 290bb-31(b)) is 
        amended--
                    (A) in paragraph (14), by striking ``and'' at the 
                end;
                    (B) in paragraph (15), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(16) collaborate with the Assistant Secretary for 
        Children and Families to develop programs to provide mental 
        health services to--
                    ``(A) children and families who have or had contact 
                with the child welfare system; and
                    ``(B) runaway, homeless, and street youth and their 
                families.''.

SEC. 304. ENHANCED YOUTH ACCESS TO MEDICAL ASSISTANCE UNDER MEDICAID.

    (a) Requiring Coverage Under Medicaid of Youth Under Age 25 and 
Pregnant Women With Incomes That Do Not Exceed 300 Percent of Federal 
Poverty Level.--
            (1) In general.--Section 1902(a)(10)(A)(i) of the Social 
        Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
                    (A) in subclause (VI), by striking ``or'' at the 
                end;
                    (B) in subclause (VII), by striking the semicolon 
                at the end and inserting a comma; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(VIII) who are not otherwise 
                                described in this clause, who are under 
                                25 years of age or pregnant and whose 
                                family income, or individual income in 
                                the case of unaccompanied youth (as 
                                defined in section 1905(y)), does not 
                                exceed 300 percent of the income 
                                official poverty line (as defined by 
                                the Office of Management and Budget, 
                                and revised annually in accordance with 
                                section 673(2) of the Omnibus Budget 
                                Reconciliation Act of 1981) applicable 
                                to a family of the size involved, or''.
            (2) Unaccompanied youth defined.--Section 1905 of such Act 
        (42 U.S.C. 1396d) is amended by adding at the end the following 
        new subsection:
    ``(y) The term `unaccompanied youth' means, with respect to a 
State, an individual who is under the age of majority, as specified by 
such State, and who is not in the physical custody of a parent or legal 
guardian.''.
            (3) Adjustment in fmap to account for expanded coverage.--
        Section 1905 of the Social Security Act (42 U.S.C. 1396d), as 
        amended by paragraph (2), is further amended--
                    (A) in the first sentence of subsection (b)--
                            (i) by striking ``and (4)'' and inserting 
                        ``(4)''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (5) the Federal 
                        medical assistance percentage for a State, with 
                        respect to youth-related medical assistance (as 
                        defined in paragraph (5) of subsection (z)) 
                        during a calendar quarter beginning after the 
                        effective date described in section 304(e) of 
                        the Place to Call Home Act applicable to such 
                        State, shall be the youth access medical 
                        assistance percentage for such State and 
                        quarter determined under such subsection''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(z) Computation of Youth Access Medical Assistance Percentage.--
            ``(1) In general.--For purposes of clause (5) of the first 
        sentence of subsection (b), the youth access medical assistance 
        percentage determined under this subsection for a State for a 
        calendar quarter in a fiscal year is equal to the ratio of--
                    ``(A)(i) the total expenditures under the State 
                plan under this title for the quarter that are 
                attributable to youth-related medical assistance (as 
                defined in paragraph (5)), less
                    ``(ii) the State share of basic expenditures for 
                youth-related medical assistance described in paragraph 
                (2) for the State and the quarter, to
                    ``(B) the total expenditures referred to in 
                subparagraph (A)(i).
            ``(2) State share for basic expenditures for youth-related 
        medical assistance.--
                    ``(A) In general.--The State share of basic 
                expenditures for youth-related medical assistance for a 
                State for a quarter in a fiscal year is equal to 1/4 of 
                the product of the following:
                            ``(i) Base amount.--The base FY 2006 amount 
                        (specified in subparagraph (B)) for the State.
                            ``(ii) Child increase factor.--One plus the 
                        percentage increase in the number of 
                        individuals under 25 years of age residing in 
                        the State, as estimated by the Secretary, from 
                        fiscal year 2006 to the fiscal year involved.
                            ``(iii) Cost increase factor.--One plus the 
                        percentage increase in the medical care 
                        component of the consumer price index for all 
                        urban consumers (U.S. city average), as 
                        estimated by the Secretary, from fiscal year 
                        2006 to the fiscal year involved.
                    ``(B) Base fy 2006 amount.--For purposes of this 
                paragraph, the `base FY 2006 amount' for a State is 
                equal to the total amount of expenditures made by the 
                State during calendar quarters in fiscal year 2006 
                under this title (including under any waiver under 
                section 1115) that are attributable to youth-related 
                medical assistance, including an appropriate portion of 
                administrative expenses, reduced by the amount of 
                Federal financial participation provided with respect 
                to such expenditures.
            ``(3) Counter-cyclical reduction.--The Secretary shall 
        establish a formula for providing, in addition to the base 
        Federal matching amounts, automatic supplemental assistance to 
        States that experience a sustained economic downturn, based 
        upon State's quarterly unemployment rate exceeding the State's 
        average of such rates during a period of previous calendar 
        quarters (in such number as the Secretary shall specify) and by 
        a percentage to be determined by the Secretary and in an amount 
        calculated on the basis of the relationship between changes in 
        unemployment and anticipated increases in providing services 
        under this title. The supplemental assistance shall be 
        distributed quarterly through a supplement to the State's 
        Federal payment under this title and shall be for such duration 
        as the Secretary determines appropriate.
            ``(4) Treatment of territories.--In the case of States that 
        are not one of the 50 States or the District of Columbia, the 
        Secretary shall by regulation establish an equitable formula 
        for allocating funds to provide youth-related medical 
        assistance to individuals residing in such States. The 
        additional Federal financial participation under this title, 
        with respect to a fiscal year, that results from such 
        assistance for such fiscal year that is attributable to the 
        amendments made by section 304 of the Place to Call Home Act 
        shall not be counted towards the limitation on expenditures 
        under this title for such a State otherwise determined under 
        subsections (f) and (g) of section 1108.
            ``(5) Youth-related medical assistance.--For purposes of 
        this subsection, the term `youth-related medical assistance' 
        means medical assistance provided to individuals who are under 
        25 years of age or during pregnancy (or during the period 
        ending with the end of the month in which the 60-day period, 
        beginning on the date of termination of a pregnancy, ends).''.
            (4) Conforming amendments.--
                    (A) Section 1902(e)(3)(A) (42 U.S.C. 
                1396a(e)(3)(A)) is amended by striking ``18 years of 
                age'' and inserting ``24 years of age''.
                    (B) Section 1902(e)(12) (42 U.S.C. 1396a(e)(12)) is 
                amended by striking ``19 years of age'' and inserting 
                ``25 years of age''.
                    (C) Section 1905(a)(i) (42 U.S.C. 1396d(a)(i)) is 
                amended by striking ``age of 21'' and inserting ``age 
                of 25''.
                    (D) Section 1920A(b)(1) (42 U.S.C. 1396r-1a(b)(1)) 
                is amended by striking ``19 years of age'' and 
                inserting ``25 years of age''.
                    (E) Section 1928(h)(1) (42 U.S.C. 1396s(h)(1)) is 
                amended by striking ``18 years of age'' and inserting 
                ``24 years of age''.
                    (F) Section 1932(a)(2)(A) (42 U.S.C. 1396u-
                2(a)(2)(A)) is amended by striking ``19 years of age'' 
                and inserting ``25 years of age''.
    (b) Independent Foster Care Adolescents Established as Mandatory 
Category (and Not Optional Category) of Individuals for Medicaid 
Coverage; Coverage of Such Adolescents Under 25 Years of Age.--
            (1) Establishment as mandatory category.--Section 
        1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
        1396a(a)(10)(A)(i)), as amended by subsection (a)(1), is 
        further amended by adding at the end the following new 
        subclause:
                                    ``(IX) who are independent foster 
                                care adolescents (as defined in section 
                                1905(w)(1)); and''.
            (2) Expanded coverage through age 24.--Section 1905(w) of 
        such Act (42 U.S.C. 1396d(w)) is amended--
                    (A) in paragraph (1), by inserting ``, subject to 
                paragraph (3),'' after ``means'';
                    (B) in paragraph (1)(A), by striking ``under 21'' 
                and inserting ``under 25''; and
                    (C) in paragraph (3)--
                            (i) by striking ``section 
                        1902(a)(10)(A)(ii)(XVII)'' and inserting 
                        ``section 1902(a)(10)(A)(i)(IX)''; and
                            (ii) by striking ``18 years of age'' and 
                        inserting ``25 years of age''.
            (3) Conforming amendments.--
                    (A) Section 1902(a)(10)(A)(ii) of such Act (42 
                U.S.C. 1396b(a)(10)(A)(ii)) is amended by striking 
                subclause (XVII).
                    (B) Section 1903(f)(4) of such Act (42 U.S.C. 
                1396b(f)(4)) is amended by striking 
                ``1902(a)(10)(A)(ii)(XVII),'' and inserting 
                ``1902(a)(10)(A)(i)(IX),''.
    (c) Cost-Sharing Protections for Children and Pregnant Women.--
            (1) In general.--Section 1916 of the Social Security Act 
        (42 U.S.C. 1396o) is amended--
                    (A) in subsection (a), by striking ``subsections 
                (g) and (i)'' and inserting ``subsections (g), (i), and 
                (j)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(j)(1) The provisions of this subsection shall apply to all 
children and pregnant women (including women during the period ending 
with the end of the month that ends 60 days after the date of 
determination of a pregnancy) eligible for medical assistance under 
this title and shall supersede any contrary provision of this title.
    ``(2) In the case of an individual described in paragraph (1), 
there shall be no premium imposed for coverage under this title.
    ``(3) Subject to paragraph (5), in the case of an individual 
described in paragraph (1) whose family income--
            ``(A) does not exceed 200 percent of the poverty line, 
        there shall be no out-of-pocket cost-sharing imposed under this 
        title; or
            ``(B) exceeds 200 percent, but does not exceed 300 percent, 
        of the poverty line, only nominal out-of-pocket cost-sharing 
        may be imposed under this title.
In no case shall an individual described in paragraph (1) be denied 
services under this title because of failure to pay out-of-pocket cost 
sharing.
    ``(4) A State may elect to waive or reduce out-of-pocket cost-
sharing otherwise authorized under this subsection.
    ``(5)(A) For each individual described in paragraph (1), premiums 
and out-of-pocket cost-sharing may not exceed the levels that would 
have been charged for that individual under this title as of October 1, 
2005, updated in a manner specified by the Secretary based on changes, 
after that date, to average earnings among families with incomes that 
do not exceed 200 percent of the poverty line.
    ``(B) The State plan shall provide effective measures, consistent 
with standards established by the Secretary, to further limit out-of-
pocket cost-sharing (taking into account both premiums and cost-
sharing) of all individuals described in paragraph (1) to affordable 
levels, for both individual health care services and total family 
costs. Such measures may include coding of each individual's enrollment 
card. Such measures may not include a requirement that households track 
incurred costs.''.
            (2) Conforming amendment.--Section 1916A(a)(1) of such Act 
        (42 U.S.C. 1396o-1(a)(1)) is amended by striking ``section 
        1916(g)'' and inserting ``subsections (g) and (j) of section 
        1916''.
    (d) Requirement To Permit Unaccompanied Youth to Apply for Medical 
Assistance.--Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is 
amended--
            (1) in paragraph (69), by striking ``and'' at the end;
            (2) in paragraph (70), by striking at the end the period 
        and inserting ``; and''; and
            (3) by inserting after paragraph (70) the following new 
        paragraph:
            ``(71) provide that the State has in place policies and 
        procedures to ensure that an unaccompanied youth, as defined in 
        section 1905(y), may apply for medical assistance under the 
        State plan without the consent of a parent or legal 
        guardian.''.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to calendar 
        quarters beginning on or after October 1, 2007, without regard 
        to whether or not final regulations to carry out such 
        amendments have been promulgated by such date.
            (2) Exception if state legislation required.--In the case 
        of a State plan for medical assistance under title XIX of the 
        Social Security Act which the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirements imposed by the amendments made by 
        this section, the State plan shall not be regarded as failing 
        to comply with the requirements of such title solely on the 
        basis of its failure to meet these additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.

      TITLE IV--YOUTH ACCESS TO ELEMENTARY AND SECONDARY EDUCATION

SEC. 401. INCREASED ACCESS TO 21ST CENTURY COMMUNITY LEARNING CENTERS.

    Section 4203(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7173(a)) is amended--
            (1) in paragraph (10) by inserting after ``participating 
        students'' the following: ``, including homeless children and 
        youths,'';
            (2) in paragraph (13) by striking ``and'' at the end;
            (3) in paragraph (14) by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(15) contains an assurance that the State educational 
        agency will require eligible entities to describe in their 
        applications under section 4204(b) how they will ensure the 
        participation, attendance, and success of eligible homeless 
        children and youths, paying particular attention to the needs 
        of unaccompanied youth.''.

SEC. 402. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

    The McKinney-Vento Homeless Assistance Act is amended--
            (1) in section 722(g) (42 U.S.C. 11432(g))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (F), by amending clause 
                        (ii) to read as follows:
                            ``(ii) homeless youths, including youths 
                        separated from the public schools, are 
                        identified and accorded access to appropriate 
                        secondary education and support services, 
                        including through the implementation of 
                        policies and practices to ensure that such 
                        youths are able to receive credit for full or 
                        partial coursework satisfactorily completed 
                        while attending a prior school and are afforded 
                        opportunities to recover credits lost during 
                        periods of homelessness; and''; and
                            (ii) in subparagraph (J)--
                                    (I) in clause (ii), by striking 
                                ``and'' at end; and
                                    (II) in clause (iii)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking the colon at the end 
                                        and inserting ``--'';
                                            (bb) in subclause (I)--

                                                    (AA) by striking 
                                                ``If the homeless 
                                                child'' and inserting 
                                                ``if the homeless 
                                                child''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting ``; 
                                                and'';

                                            (cc) in subclause (II)--

                                                    (AA) by striking 
                                                ``If the homeless 
                                                child's'' and inserting 
                                                ``if the homeless 
                                                child's''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting ``; 
                                                and''; and

                                            (dd) by adding at the end 
                                        the following new clause:
                            ``(iv) the State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        homeless children and youths have opportunities 
                        to meet the same challenging State student 
                        academic achievement standards to which other 
                        students are held and are able to participate 
                        fully in all classes and school activities, 
                        including extracurricular activities, athletic 
                        activities for which such children and youths 
                        meet skill-level requirements, before- and 
                        after-school programs, summer school programs, 
                        field trips, and classes, tests, activities 
                        with additional fees, services provided under 
                        title I of the Elementary and Secondary 
                        Education Act of 1965 and similar State and 
                        local programs, and other activities made 
                        available to nonhomeless students, and that 
                        such policies and practices will pay particular 
                        attention to removing barriers related to fees, 
                        credit accrual policies, guardianship, and 
                        transportation issues.'';
                    (B) in paragraph (3)--
                            (i) by amending subparagraph (B) to read as 
                        follows:
                    ``(B) School stability.--In determining the 
                educational best interest of the child or youth under 
                subparagraph (A), and to promote the school stability 
                of the child or youth, the local educational agency 
                shall--
                            ``(i) presume that continuing in the school 
                        of origin is in the child's or youth's best 
                        interest, except when doing so is contrary to 
                        the wishes of the child's or youth's parent or 
                        guardian or the unaccompanied youth;
                            ``(ii) consider student-centered factors 
                        related to the child's or youth's educational 
                        best interest, in coordination with the parent, 
                        guardian, or youth, including--
                                    ``(I) the harmful impact of school 
                                mobility on academic achievement and 
                                social and emotional well-being;
                                    ``(II) the age of the child or 
                                youth;
                                    ``(III) the impact any commute may 
                                have on the child's or youth's 
                                education;
                                    ``(IV) personal safety issues;
                                    ``(V) the child's or youth's need 
                                for special instruction, including 
                                special education and related services;
                                    ``(VI) the length of anticipated 
                                stay in temporary shelter or other 
                                temporary location;
                                    ``(VII) the time remaining in the 
                                school year; and
                                    ``(VIII) the school placement of 
                                family members;
                            ``(iii) provide the child's or youth's 
                        parent or guardian or the unaccompanied youth 
                        with a written explanation, in a manner and 
                        form understandable to such parent, guardian, 
                        or youth, including a statement regarding the 
                        right to appeal under subparagraph (E), if the 
                        local educational agency determines that it is 
                        not in the child's or youth's best interest to 
                        attend the school of origin or the school 
                        requested by the parent, guardian, or youth;
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the homeless liaison 
                        designated under paragraph (1)(J)(ii) assists 
                        in placement or enrollment decisions under this 
                        subparagraph, considers the views of such 
                        unaccompanied youth, and provides notice to 
                        such youth of the right to appeal under 
                        subparagraph (E); and
                            ``(v) provide transportation pursuant to 
                        subsections (g)(1)(J)(iii) and (g)(4).'';
                            (ii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) The school selected in accordance 
                        with this paragraph shall immediately enroll 
                        the homeless child or youth, regardless of 
                        whether the child or youth--
                                    ``(I) is unable to produce records 
                                normally required for enrollment, 
                                including previous academic records, 
                                immunization and other required health 
                                records and screenings, proof of 
                                residency or guardianship, or other 
                                documentation;
                                    ``(II) has unpaid school fees from 
                                prior schools and is unable to pay fees 
                                in the school selected; or
                                    ``(III) has missed application 
                                deadlines during any period of 
                                homelessness.'';
                                    (II) by adding at the end the 
                                following new clause:
                            ``(iv) Whenever the school selected enrolls 
                        an unaccompanied youth in accordance with this 
                        paragraph, no liability shall be imposed upon 
                        the school by reason of enrolling the youth 
                        without parent or guardian consent.''; and
                            (iii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) Records.--
                            ``(i) In general.--Any record ordinarily 
                        kept by the school, including immunization or 
                        medical records or other health records and 
                        screenings, academic records, birth 
                        certificates, guardianship records, and 
                        evaluations for special services or programs, 
                        regarding each homeless child or youth shall 
                        be--
                                    ``(I) maintained so that such 
                                records are available, in a timely 
                                fashion, when a child or youth enters a 
                                new school or school district;
                                    ``(II) immediately sent to the 
                                enrolling school, regardless of whether 
                                the student owes fees or fines or was 
                                not withdrawn from the previous school 
                                in conformance with local withdrawal 
                                procedures; and
                                    ``(III) handled in a manner 
                                consistent with section 444 of the 
                                General Education Provisions Act (20 
                                U.S.C. 1232g).
                            ``(ii) Release.--School records needed for 
                        academic placement decisions shall be released 
                        immediately by fax or other available 
                        electronic means.''; and
                    (C) in paragraph (6)(A)--
                            (i) in clause (vi), by striking ``and'' at 
                        the end;
                            (ii) in clause (vii), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(viii) unaccompanied youths are enrolled 
                        in school and have opportunities to meet the 
                        same challenging State student academic 
                        achievement standards to which other students 
                        are held, including through implementation of 
                        the policies and practices required by 
                        subsections (g)(1)(F)(ii) and (g)(1)(J)(iv).'';
            (2) in section 725(6) (42 U.S.C. 11434a(6)), by inserting 
        ``legal'' before ``guardian''; and
            (3) in section 726 (42 U.S.C. 11435), by inserting before 
        the period at the end the following: ``, and $140,000,000 for 
        fiscal year 2008 and such sums as may be necessary for each of 
        fiscal years 2009 through 2015''.

SEC. 403. GRANTS TO INCREASE STUDENT ATTENDANCE.

    (a) In General.--Subpart 2 of part A of title IV of the Elementary 
and Secondary Education Act (20 U.S.C. 7131 et seq.) is amended by 
adding at the end the following:

``SEC. 4131. GRANTS TO INCREASE STUDENT ATTENDANCE.

    ``(a) In General.--The Secretary shall award grants from funds made 
available to carry out this section to eligible entities for the 
purpose increasing student attendance at school by developing 
innovative policies, programs, and practices to prevent, provide 
alternatives to, and resolve truancy, suspension, and expulsion among 
students.
    ``(b) Eligible Entities.--For purposes of this section, the term 
`eligible entity' means--
            ``(1) a local educational agency;
            ``(2) a State educational agency; or
            ``(3) an Indian tribe.
    ``(c) Use of Funds.--Funds received under this section may be 
used--
            ``(1) to foster collaboration between school systems, law 
        enforcement, courts, juvenile justice, child welfare, and 
        social service systems, and community-based organizations, 
        including faith-based organizations, for the purpose of this 
        section;
            ``(2) to train school system personnel in positive 
        behavioral interventions and supports and graduated discipline 
        policies and practices;
            ``(3) to support innovative policies, programs, and 
        practices determined by the Secretary to be effective at 
        increasing student attendance at school, such as dedicated 
        attendance workers, home visitation, truancy courts, youth 
        courts, and mediation; and
            ``(4) to provide opportunities for student support services 
        personnel to staff in-school suspension and expulsion programs.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2008 through 2013.''.
    (b) Conforming Amendment.--Section 4003(2) of such Act (20 U.S.C. 
7103) is amended by inserting ``(excluding section 4131)'' before the 
period at the end.

            TITLE V--YOUTH ACCESS TO POSTSECONDARY EDUCATION

SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ACCESS TO HEALTH CARE BY 
              MINORS AT LEAST 13 YEARS OF AGE.

    It is the sense of the Congress that the legislatures of the States 
should enact laws--
            (1) that permit health care providers to furnish services 
        to minors who are at least 13 years of age without the 
        notification or consent of any individual other than such a 
        minor involved; and
            (2) with respect to any such services so furnished by a 
        health care provider to such a minor, that ensure the 
        confidentiality of such services.

SEC. 502. FINANCIAL ASSISTANCE FOR DISCONNECTED STUDENTS.

    (a) Special Circumstances.--Section 479A(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1087tt(a)) is amended, in the third sentence, by 
inserting ``a change in housing status that results in homelessness,'' 
before ``or other changes''.
    (b) Independent Students.--Section 480(d) of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv(d)) is amended to read as follows:
    ``(d) Independent Student.--
            ``(1) Definition.--The term `independent', when used with 
        respect to a student, means any individual who--
                    ``(A) is 24 years of age or older by December 31 of 
                the award year;
                    ``(B) is an orphan, in foster care, or a ward of 
                the court, or was in foster care or a ward of the court 
                until the individual reached the age of 18;
                    ``(C) is an adjudicated or convicted juvenile, was 
                an adjudicated juvenile until the juvenile reached the 
                upper age of juvenile court jurisdiction, or was a 
                convicted juvenile who completed the sentence for such 
                juvenile conviction prior to reaching the age of 
                majority;
                    ``(D) is an emancipated youth, as defined by the 
                student's State of legal residence;
                    ``(E) is in legal guardianship, as defined in 
                section 475 of the Social Security Act (42 U.S.C. 675);
                    ``(F) is a veteran of the Armed Forces of the 
                United States (as defined in subsection (c)(1)) or is 
                currently serving on active duty in the Armed Forces 
                for other than training purposes;
                    ``(G) is a graduate or professional student;
                    ``(H) is a married individual;
                    ``(I) has legal dependents other than a spouse;
                    ``(J) has been verified as both a homeless child or 
                youth and an unaccompanied youth, as such terms are 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a), during the school 
                year in which the application for financial assistance 
                is submitted, or during the individual's final year of 
                secondary school, by--
                            ``(i) a local educational agency liaison 
                        for homeless children and youths, as designated 
                        under section 722(g)(1)(J)(ii) of the McKinney-
                        Vento Homeless Assistance Act (42 U.S.C. 
                        11432(g)(1)(J)(ii));
                            ``(ii) a director of a homeless shelter, 
                        transitional shelter, basic center, 
                        transitional living program, or independent 
                        living program; or
                            ``(iii) a financial aid administrator; or
                    ``(K) is a student for whom a financial aid 
                administrator makes a documented determination of 
                independence by reason of other unusual circumstances.
            ``(2) Simplifying the dependency override process.--Nothing 
        in this subsection shall be construed to prohibit a financial 
        aid administrator from making a determination of independence 
        under paragraph (1)(J) based upon a documented determination of 
        independence under such paragraph that was previously made by 
        another financial aid administrator in the same application 
        year.''.
    (c) Tailoring Electronic Applications for Students With Special 
Circumstances.--Section 483(a) of the Higher Education Act of 1965 (20 
U.S.C. 1090(a)) is amended by adding at the end the following:
            ``(8) Applications for students seeking a documented 
        determination of independence.--In the case of a student 
        seeking a documented determination of independence by a 
        financial aid administrator, as described in section 
        480(d)(1)(J), nothing in this section shall prohibit the 
        Secretary from--
                    ``(A) allowing such student to indicate the 
                student's special circumstance on the electronic 
                version of a form developed under paragraph (5);
                    ``(B) collecting and processing, on a preliminary 
                basis, data provided by such student using the 
                electronic version of the form; or
                    ``(C) distributing such data to States, 
                institutions of higher education, and guaranty agencies 
                for the purposes of processing loan applications and 
                determining need and eligibility for institutional and 
                State financial aid awards for such student on a 
                preliminary basis, pending a documented determination 
                of independence by a financial aid administrator.''.

SEC. 503. FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS FOR 
              DISCONNECTED STUDENTS.

    (a) Federal TRIO Programs.--
            (1) Definition of homeless children and youths.--Section 
        402A(g) of the Higher Education Act of 1965 (20 U.S.C. 1070a-
        11(g)) is amended--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (B) in paragraph (5), as so redesignated, by 
                striking ``paragraph (3) if'' and inserting ``paragraph 
                (4) if''; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Homeless children and youths.--The term `homeless 
        children and youths' has the meaning given the term in section 
        725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a).''.
            (2) Talent search.--Section 402B(b)(10) of the Higher 
        Education Act of 1965 (20 U.S.C. 1070a-12(b)(10)) is amended to 
        read as follows:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths;
                    ``(C) students who are in foster care or are aging 
                out of the foster care system;
                    ``(D) students who are adjudicated or convicted 
                juveniles or who are exiting the juvenile justice or 
                criminal justice systems; and
                    ``(E) students who are pregnant or parenting.''.
            (3) Upward bound.--Section 402C(b)(12) of the Higher 
        Education Act of 1965 (20 U.S.C. 1070a-13(b)(12)) is amended to 
        read as follows:
            ``(12) programs and activities as described in paragraphs 
        (1) through (11) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths;
                    ``(C) students who are in foster care or are aging 
                out of the foster care system;
                    ``(D) students who are adjudicated or convicted 
                juveniles or who are exiting the juvenile justice or 
                criminal justice systems; and
                    ``(E) students who are pregnant or parenting.''.
            (4) Student support services.--Section 402D of the Higher 
        Education Act of 1965 (20 U.S.C. 1070a-14) is amended--
                    (A) in subsection (a)(3)--
                            (i) by striking ``students and'' and 
                        inserting ``students,''; and
                            (ii) by inserting ``, students who are 
                        homeless children and youths, students who are 
                        in foster care or are aging out of the foster 
                        care system, students who are adjudicated or 
                        convicted juveniles or who are exiting the 
                        juvenile justice or criminal justice systems, 
                        and students who are pregnant or parenting'' 
                        before the period; and
                    (B) in subsection (b)--
                            (i) in paragraph (9), by striking ``and'' 
                        after the semicolon;
                            (ii) by amending paragraph (10) to read as 
                        follows:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths;
                    ``(C) students who are in foster care or are aging 
                out of the foster care system;
                    ``(D) students who are adjudicated or convicted 
                juveniles or who are exiting the juvenile justice or 
                criminal justice systems;
                    ``(E) students who are pregnant or parenting; 
                and''; and
                            (iii) by adding at the end the following:
            ``(11) assistance in securing housing for--
                    ``(A) students who are, or who were, homeless 
                children and youths;
                    ``(B) students who are aging out of the foster care 
                system;
                    ``(C) students who are exiting the juvenile justice 
                or criminal justice systems; or
                    ``(D) students who are pregnant or parenting.''.
            (5) Educational opportunity centers.--Section 402F(b)(10) 
        of the Higher Education Act of 1965 (20 U.S.C. 1070a-16(b)(10)) 
        is amended to read as follows:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths;
                    ``(C) students who are in foster care or are aging 
                out of the foster care system;
                    ``(D) students who are adjudicated or convicted 
                juveniles or who are exiting the juvenile justice or 
                criminal justice systems; and
                    ``(E) students who are pregnant or parenting.''.
            (6) Staff development activities.--Section 402G(b)(3) of 
        the Higher Education Act of 1965 (20 U.S.C. 1070a-17(b)(3)) is 
        amended by striking ``chapter.'' and inserting ``chapter, 
        including strategies for recruiting and serving students who 
        are homeless children and youths, students who are in foster 
        care or are aging out of the foster care system, students who 
        are adjudicated or convicted juveniles or who are exiting the 
        juvenile justice or criminal justice systems, and students who 
        are pregnant or parenting.''.
    (b) GEAR-UP Programs.--
            (1) Requirements for gaining early awareness and readiness 
        for undergraduate programs.--Section 404B(c)(2) of the Higher 
        Education Act of 1965 (20 U.S.C. 1070a-22(c)(2)) is amended by 
        striking ``programs.'' and inserting ``programs, including 
        programs under subtitle B of title VII of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11431 et seq.).''.
            (2) Early intervention use of funds.--Section 404D(b)(2)(C) 
        of the Higher Education Act of 1965 (20 U.S.C. 1070a-
        24(b)(2)(C)) is amended by inserting ``, for students who are 
        homeless children and youths, as defined in section 725 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), for 
        students who are in foster care or are aging out of the foster 
        care system, for students who are adjudicated or convicted 
        juveniles or who are exiting the juvenile justice or criminal 
        justice systems, or for students who are pregnant or 
        parenting'' before the period.

SEC. 504. PROJECTS TO INCREASE ENROLLMENT AND SUCCESS OF DISCONNECTED 
              STUDENTS IN POSTSECONDARY EDUCATION.

    Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq.) is amended by adding at the end the following new 
subpart:

      ``Subpart 9--Projects to Increase Enrollment and Success of 
                         Disconnected Students

``SEC. 420K. PURPOSE.

    ``It is the purpose of this subpart to support projects in order 
to--
            ``(1) increase the secondary school graduation rates of 
        disconnected students;
            ``(2) increase the academic success of disconnected 
        students in secondary school; and
            ``(3) increase the enrollment and success of disconnected 
        students in higher education.

``SEC. 420L. DEFINITIONS.

    ``In this subpart:
            ``(1) Disconnected students.--The term `disconnected 
        students' means students who are--
                    ``(A) homeless children and youths, as such term is 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a);
                    ``(B) orphans, in foster care, or wards of the 
                court, or who were in foster care or were wards of the 
                court until the students reached the age of 18;
                    ``(C) adjudicated or convicted juveniles, or who 
                were adjudicated juveniles until the juveniles reached 
                the upper age of juvenile court jurisdiction, or who 
                were convicted juveniles who completed the sentence for 
                the juvenile conviction prior to reaching the age of 
                majority; or
                    ``(D) pregnant or parenting youth.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Education.

``SEC. 420M. GRANTS AUTHORIZED.

    ``(a) Competitive Grants Authorized.--Subject to the availability 
of appropriations, the Secretary shall award grants, contracts, and 
cooperative agreements, on a competitive basis, to partnerships 
consisting of public and nonprofit organizations. Such partnerships may 
include--
            ``(1) one or more local educational agencies;
            ``(2) one or more degree-granting institutions of higher 
        education;
            ``(3) a recipient of a grant under subtitle B or C of title 
        IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11371 et seq., 11381 et seq.), or a recipient of a grant award 
        under sections 311, 321, or 351 of the Runaway and Homeless 
        Youth Act (42 U.S.C. 5711, 5714-1, 5714-41); and
            ``(4) businesses, community-based organizations, faith-
        based organizations, State agencies, or other public or private 
        agencies or organizations.
    ``(b) Duration.--Grants, contracts, and cooperative agreements 
under this subpart shall be awarded for a period of not more than 3 
years.
    ``(c) Applications.--Each partnership desiring to receive a grant, 
contract, or cooperative agreement under this subpart shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. Each 
application shall include--
            ``(1) a description of how the partnership plans to carry 
        out the activities required under this subpart;
            ``(2) a description of how the partnership will coordinate 
        and collaborate with transportation, education, housing, social 
        services, health, workforce investment, juvenile justice, and 
        child welfare agencies to carry out the activities required 
        under this subpart; and
            ``(3) an assurance that the partnership will demonstrate 
        that, to the maximum extent practicable, the partnership is--
                    ``(A) utilizing other resources (including Federal, 
                State, and local funds, and other community resources) 
                to provide housing to disconnected students who are 
                enrolled in institutions of higher education during 
                periods when housing at the institution of higher 
                education is generally unavailable to other students; 
                and
                    ``(B) utilitizing other resources (including 
                Federal, State, and local funds, and other community 
                resources) to provide campus-based child care to 
                disconnected students who are enrolled in institutions 
                of higher education.
    ``(d) Award Considerations.--In awarding grants, contracts, or 
cooperative agreements under this subpart, the Secretary shall consider 
the following:
            ``(1) The number of disconnected students identified in the 
        area proposed to be served by the partnership.
            ``(2) The extent to which the partnership has demonstrated 
        interagency collaboration among transportation, education, 
        housing, social services, child welfare, health, workforce 
        investment, and juvenile justice agencies.
    ``(e) Authorized Activities.--Grants, contracts, and cooperative 
agreements under this subpart shall be used to carry out one or more of 
the following activities:
            ``(1) Services designed to assist disconnected students in 
        the completion of secondary school and in increasing academic 
        success, such as--
                    ``(A) supplemental educational services;
                    ``(B) academic counseling;
                    ``(C) skills assessment; and
                    ``(D) exposure to cultural events, academic 
                programs, and other activities not usually available to 
                disconnected students.
            ``(2) Services designed to assist disconnected students 
        with matriculation in an institution of higher education, such 
        as--
                    ``(A) academic advice and assistance in course 
                selection;
                    ``(B) assistance in completing college admission 
                and financial aid applications; and
                    ``(C) assistance in preparing for college entrance 
                examinations.
            ``(3) The direct provision of, or arrangement for, 
        supportive services (including supportive services provided by 
        or at the institution of higher education) that assist 
        disconnected students enrolled in an institution of higher 
        education with achieving success in higher education, 
        including--
                    ``(A) outreach to connect disconnected students to 
                supportive services;
                    ``(B) life skills education;
                    ``(C) subsidies for, or assistance with arranging, 
                transportation from the student's living arrangement to 
                the institution of higher education;
                    ``(D) case management;
                    ``(E) service coordination;
                    ``(F) emergency assistance, including food, 
                clothing, and hygiene items;
                    ``(G) assistance with--
                            ``(i) obtaining income support;
                            ``(ii) obtaining health insurance;
                            ``(iii) applying for and obtaining veterans 
                        benefits and other public benefits;
                            ``(iv) obtaining campus-based child care;
                            ``(v) obtaining permanent housing; and
                            ``(vi) in the case of homeless students, 
                        obtaining housing at the institution of higher 
                        education when such housing is closed or 
                        generally unavailable to other students; and
                    ``(H) referrals to--
                            ``(i) supplemental educational services;
                            ``(ii) employment and training services;
                            ``(iii) personal financial planning and 
                        housing counseling;
                            ``(iv) legal aid;
                            ``(v) health services, including primary 
                        and preventive health services, family 
                        planning, pediatric care, mental health, 
                        substance abuse, and specialty care services;
                            ``(vi) parenting education;
                            ``(vii) child care;
                            ``(viii) victim services; and
                            ``(ix) homelessness prevention services.

``SEC. 420N. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$45,000,000 for fiscal year 2008 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.''.

SEC. 505. CONTINUAL ACCESS TO STUDENT HOUSING FOR HOMELESS YOUTH.

    Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq.) is further amended by adding after subpart 9 (as added 
by section 504 of this Act) the following new subpart:

  ``Subpart 10--Continual Access to Student Housing for Homeless Youth

``SEC. 420O. CONTINUAL ACCESS TO STUDENT HOUSING FOR HOMELESS YOUTH.

    ``(a) Grants Authorized.--The Secretary of Education is authorized 
to award grants to institutions of higher education to provide housing 
to eligible students during periods when housing at the institution of 
higher education is closed or generally unavailable to other students.
    ``(b) Regulations.--The Secretary of Education is authorized to 
issue such regulations as may be necessary to carry out the provisions 
of this section.
    ``(c) Definitions.--For the purposes of this section:
            ``(1) Eligible student.--The term `eligible student' means 
        an individual--
                    ``(A) who is enrolled at an institution of higher 
                education, as defined in section 102 of the Higher 
                Education Act of 1965 (20 U.S.C. 1002); and
                    ``(B) who meets the definition of homeless children 
                and youth, as defined in section 725 of the McKinney-
                Vento Homeless Assistance Act (42 U.S.C. 11434a), or 
                for any period during the 12-month period before the 
                student enrolled as such institution, met such 
                definition.
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $45,000,000 for fiscal year 2008 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years.''.

                   TITLE VI--YOUTH PERMANENT HOUSING

SEC. 601. HOUSING CHOICE VOUCHERS FOR RENTAL ASSISTANCE FOR HOMELESS 
              YOUTH.

    Subsection (o) of section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following 
new paragraph:
            ``(21) Rental vouchers for homeless youth.--
                    ``(A) Set aside.--Subject to subparagraph (C), the 
                Secretary shall set aside and transfer to the Secretary 
                of Health and Human Services, from amounts made 
                available for rental assistance under this subsection, 
                the amount specified in subparagraph (B) for use only 
                for providing such assistance for homeless youth. For 
                purposes of this subparagraph, the term `homeless 
                youth' has the meaning given such term in section 387 
                of the Runaway and Homeless Youth Act (42 U.S.C. 
                5732a).
                    ``(B) Amount.--The amount specified in this 
                subparagraph is, for fiscal year 2008 and each fiscal 
                year thereafter, the amount necessary to provide at 
                least 20,000 vouchers for rental assistance under this 
                subsection.
                    ``(C) Administration of voucher program.--The 
                Secretary of Health and Human Services may use amounts 
                transferred under this paragraph only for funding 
                contracts for rental assistance under this paragraph to 
                be administered by entities that receive grants under 
                part B of the Runaway and Homeless Youth Act (42 U.S.C. 
                5714-1 et seq.) and agree to administer rental 
                assistance under this paragraph. Subject only to the 
                availability of amounts for rental assistance under 
                this paragraph, the Secretary of Health and Human 
                Services shall provide, under each such contract for 
                rental assistance entered into with such an entity, 
                funding for the entity to provide at least two vouchers 
                for rental assistance for each unit of transitional 
                housing being made available by the entity at such 
                time.
                    ``(D) Funding.--The budget authority made available 
                under any other provisions of law for rental assistance 
                under this subsection for fiscal year 2008 and each 
                fiscal year thereafter is authorized to be increased in 
                each such fiscal year by such sums as may be necessary 
                to provide the number of vouchers specified in 
                subparagraph (B) for such fiscal year.''.

SEC. 602. FAMILY UNIFICATION VOUCHERS FOR TRANSITIONING FOSTER CARE 
              YOUTH.

    Clause (B) of section 8(x)(2) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(x)(2)) is amended--
            (1) by striking ``for a period not to exceed 18 months,''; 
        and
            (2) by striking ``not more than 21'' and inserting ``are 
        under 25''.

SEC. 603. INCLUSION OF YOUTH IN HOUSING PLANS.

    (a) Public Housing Agency Plans.--Paragraph (1) of section 5A(d) of 
the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is 
amended by striking ``and disabled families)'' and inserting ``, 
disabled families, and youth not less than 13 years of age and not more 
than age 24''.
    (b) Comprehensive Housing Affordability Strategies.--
            (1) In general.--Section 105 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 12705) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by inserting ``youth 
                        who are at least 13 years of age but younger 
                        than 25 years of age,'' after ``acquired 
                        immunodeficiency syndrome,''; and
                            (ii) in paragraph (20), by striking 
                        ``service'' and inserting ``youth service and 
                        other service''; and
                    (B) in subsection (e)(1), by inserting ``youth who 
                are at least 13 years of age but younger than 25 years 
                of age,'' after ``homeless persons,''.
            (2) Consolidated plans.--The Secretary of Housing and Urban 
        Development shall revise the regulations relating to submission 
        of consolidated plans in accordance with the amendments made by 
        paragraph (1) of this subsection to require inclusion of 
        appropriate information relating to youth and youth service 
        agencies in all such plans.

SEC. 604. SENSE OF CONGRESS REGARDING RIGHT OF MINORS TO ENTER INTO 
              CONTRACTS FOR NECESSITIES.

    It is the sense of the Congress that each State should enact a law 
sufficient to permit minors to contract for necessities, including real 
property, employment, educational loans, admission to school, medical 
and mental health care and treatment, bank accounts, utilities, and 
admission to shelter, housing, and supportive services programs, 
without co-signature by an adult or by a representative of a State or 
local agency, or a private or private nonprofit organization.

SEC. 605. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF 
              COMMERCIAL SEXUAL EXPLOITATION.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.) is amended by inserting after section 319 the following new 
section:

``SEC. 319A. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF 
              COMMERCIAL SEXUAL EXPLOITATION.

    ``(a) Authority for Program.--The Secretary of Health and Human 
Services shall, to the extent amounts are made available for grants 
under this section, make grants and provide technical assistance under 
this section to public and nonprofit private entities to protect, 
treat, and promote a transition to self-sufficient living for youth 
subjected to trafficking through establishing and operating safe houses 
for such youth.
    ``(b) Eligibility for Assistance.--Assistance under this section 
may be provided only for the establishment, strengthening, or funding 
of a facility or facilities, which may be group homes, host family 
homes, or supervised apartments, as residences for youth subjected to 
trafficking that--
            ``(1) provide voluntary and confidential access to such 
        youth;
            ``(2) provide adequate and appropriate protection to such 
        youth from sexual exploiters, including on-site supervision at 
        each facility that is not a host family home;
            ``(3) provide such youth with appropriate services under 
        subsection (d) to facilitate transition of the resident youth 
        to self-sufficient living; and
            ``(4) provide a number of staff sufficient to ensure that 
        all youth at the facility receive adequate supervision and 
        services.
    ``(c) Supportive Services.--Support services described in this 
subsection include the following:
            ``(1) outreach for the purpose of identifying youth 
        subjected to trafficking;
            ``(2) preventative, primary care and specialty health 
        services (including screening and treatment for sexually 
        transmitted illnesses, counseling, mental health services, and 
        substance abuse services);
            ``(3) habilitation and rehabilitation;
            ``(4) case management;
            ``(5) service coordination;
            ``(6) personal financial planning;
            ``(7) life skills education;
            ``(8) parenting education;
            ``(9) transportation;
            ``(10) vocational training;
            ``(11) employment and training;
            ``(12) education;
            ``(13) assistance in obtaining public benefits;
            ``(14) assistance in obtaining income support;
            ``(15) assistance in obtaining health insurance;
            ``(16) representative payee services;
            ``(17) legal assistance;
            ``(18) child care;
            ``(19) housing counseling;
            ``(20) recreational services;
            ``(21) leadership development; and
            ``(22) other services necessary for transition to self-
        sufficient living.
    ``(d) Term of Assistance.--A facility assisted under this section 
may not provide residence, shelter, support services, or other 
assistance to any youth subjected to trafficking for a period of more 
than 730 days, except that a youth subjected to trafficking who, as of 
the last day of such a 730-day period of assistance, has not attained 
21 years of age, may, if otherwise, continue to be provided such 
assistance until the youth attains 21 years of age.
    ``(e) Reports.--
            ``(1) To secretary.--
                    ``(A) In general.--Each entity that receives a 
                grant under this section shall annually prepare and 
                submit to the Secretary a report describing the number 
                of youths assisted, and the types of assistance 
                provided, pursuant to this section.
                    ``(B) Contents.--Each report shall include 
                information regarding--
                            ``(i) the purpose and amount of shelter 
                        provided to each youth assisted pursuant to 
                        this section;
                            ``(ii) the number of months each youth was 
                        provided such assistance;
                            ``(iii) the number of youth who were 
                        eligible for such assistance, but for whom the 
                        entity could not provide assistance solely due 
                        to a lack of available housing; and
                            ``(iv) the type of services provided to 
                        each youth assisted pursuant to this section; 
                        and
                            ``(v) such other information as the 
                        Secretary considers necessary or appropriate to 
                        carry out the purposes of this section.
            ``(2) To congress.--The Secretary shall annually prepare 
        and submit to the Committee on Education and Labor of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate a report that contains a compilation of the information 
        contained in reports submitted to the Secretary under paragraph 
        (1).
    ``(f) Evaluation, Monitoring, and Administration.--Of the amount 
appropriated under subsection (h) for each fiscal year, the Secretary 
may use not more than 1 percent for evaluation, monitoring, and 
administrative costs under this section.
    ``(g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Severe forms of trafficking in persons.--The term 
        `severe forms of trafficking in persons' has the meaning given 
        such term in section 103 of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102).
            ``(2) Sex trafficking.--The term `sex trafficking' has the 
        meaning given the term in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102).
            ``(3) Youth subjected to trafficking.--The term `youth 
        subjected to trafficking' means an individual, regardless of 
        whether or not the individual is a citizen of the United 
        States, who--
                    ``(A) is the subject of sex trafficking or severe 
                forms of trafficking in persons that occurs, in whole 
                or in part, within the territorial jurisdiction of the 
                United States; and
                    ``(B) has attained at least 13 years of age and is 
                not more than 24 years of age at the time the 
                individual is identified as having been the subject of 
                sex trafficking or severe forms of trafficking in 
                persons.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2008 
and such sums as may be necessary for each fiscal years 2009 through 
2012.
    ``(i) Regulations.--The Secretary shall issue any regulations 
necessary or appropriate to carry out this section.''.

SEC. 606. GAO STUDY OF HOUSING ASSISTANCE FOR LOW-INCOME YOUTH.

    (a) Requirement.--The Comptroller General of the United States 
shall carry out a study of housing status and needs of low-income youth 
and housing assistance provided for low-income youth, to determine or 
obtain the information required pursuant to subsection (b)(1) to be 
included in the report under such subsection (b).
    (b) Report.--
            (1) Submission.--Not later than the expiration of the 12-
        month period beginning on the date of the enactment of this 
        Act, the Comptroller General shall submit a report on the 
        results of, and determinations made by the Comptroller General 
        pursuant to, the study conducted pursuant to subsection (a) to 
        the Committees on Financial Services, Education and Labor, and 
        Appropriations of the House of Representatives and the 
        Committees on Banking, Housing, and Urban Affairs, the 
        Judiciary, and Appropriations of the Senate.
            (2) Contents.--The report under this subsection shall 
        include the following information:
                    (A) An estimate of the number of low-income, very 
                low-income, and extremely low-income households headed 
                by a youth not more than age 24, and a description of 
                the demographic and socioeconomic characteristics of 
                such households.
                    (B) An estimate of the number of low-income, very 
                low-income, and extremely low-income youth-headed 
                households experiencing a high cost burden in, 
                overcrowding in, or poor quality of housing, or 
                experiencing homelessness.
                    (C) An assessment of the housing assistance needs 
                of low-income, very low-income, and extremely low-
                income youth-headed households, including any existing 
                barriers to safe, quality, and affordable housing, and 
                of the levels of homelessness among such households.
                    (D) A description of the extent to which housing 
                assistance programs of the Federal Government provide 
                assistance to low-income, very low-income, and 
                extremely-low income youth-headed households.
                    (E) A statement of the number of dwelling units 
                designated for or occupied by low-income, very low-
                income, and extremely low-income youth in federally 
                subsidized or insured housing.
                    (F) A summary description of any special 
                considerations made for youth under public housing 
                plans submitted pursuant to section 5A of the United 
                States Housing Act of 1397 (42 U.S.C. 1437c-1) and 
                under comprehensive housing affordability strategies 
                submitted pursuant to section 105 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                12705).
                    (G) A description of the extent to which public 
                housing agencies have established preferences for youth 
                for occupancy in public housing and for rental 
                assistance provided with housing choice vouchers under 
                section 8(o) of the United States Housing Act of 1937 
                (42 U.S.C. 1437f(o)).
                    (H) Identification of the activities relating to 
                youth of the Department of Housing and Urban 
                Development.
    (c) Acquisition of Supporting Information.--In carrying out the 
study under this section, the Comptroller General shall seek to obtain 
information and views from the following persons:
            (1) The Secretary of Housing and Urban Development.
            (2) The Secretary of Health and Human Services.
            (3) Low-income, very low-income, and extremely low-income 
        youth.
            (4) Representatives of State and local housing assistance, 
        child welfare, and juvenile justice agencies.
            (5) Representatives of nonprofit low-income housing 
        providers and homeless service providers, including homeless 
        youth service providers.
            (6) National advocacy organizations concerned with youth, 
        homelessness, and low-income housing.

                    TITLE VII--YOUNG FAMILY CONCERNS

SEC. 701. TANF STATE PLAN AMENDMENT.

    Section 402(a)(1)(A) of the Social Security Act (42 U.S.C. 
602(a)(1)(A)) is amended by adding at the end the following:
                            ``(vii) Identify the education and 
                        training, living arrangement, and other 
                        services needs of individuals described in 
                        section 408(a)(5)(B)(ii) who are potentially 
                        eligible to receive assistance under the State 
                        program funded under this part and establish 
                        policies, procedures, and strategies to address 
                        the needs.''.

SEC. 702. ADULT-SUPERVISED LIVING ARRANGEMENTS.

    Section 408(a)(5)(B) of the Social Security Act (42 U.S.C. 
608(a)(5)(B)) is amended--
            (1) by striking clause (i) and inserting the following:
                            ``(i) Provision of adult-supervised living 
                        arrangement.--In the case of an individual who 
                        is described in clause (ii), the State agency 
                        referred to in section 402(a)(4) shall provide 
                        or ensure the provision of a second chance 
                        home, maternity group home, transitional living 
                        youth project, or other appropriate adult-
                        supervised supportive living arrangement, 
                        taking into consideration the needs, concerns, 
                        and wishes of the individual, unless the State 
                        agency determines that the individual's current 
                        living arrangement is appropriate, and 
                        therefore, shall require that the individual 
                        and the minor child referred to in subparagraph 
                        (A)(ii)(II) reside in such living arrangement 
                        as a condition of the continued receipt of 
                        assistance under the State program funded under 
                        this part attributable to funds provided by the 
                        Federal Government (or in an alternative 
                        appropriate arrangement, should circumstances 
                        change and the current arrangement cease to be 
                        appropriate).'';
            (2) in clause (ii)--
                    (A) by redesignating subclauses (III) and (IV) as 
                subclauses (V) and (VI), respectively; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) the individual is a 
                                homeless youth;
                                    ``(IV) the individual is a street 
                                youth;'';
            (3) by redesignating clause (iii) as clause (vi) and 
        inserting after clause (ii) the following:
                            ``(iii) Disclosure of adult-supervised 
                        living arrangement options to individual.--The 
                        State agency shall ensure that individuals 
                        described in subparagraph (A)(ii) who are 
                        applicants or recipients of assistance are 
                        fully informed of all adult-supervised living 
                        arrangement options that satisfy the 
                        requirement of this subsection, and provide the 
                        individual the opportunity to request a 
                        specific adult-supervised living arrangement.
                            ``(iv) Determination of adult-supervised 
                        living arrangement.--In determining the 
                        appropriateness of the individual's current 
                        living arrangement in clause (i) and 
                        considering the individual's request for a 
                        specific adult-supervised living arrangement in 
                        clause (iii), the State agency shall provide a 
                        written explanation of the determination, 
                        including a statement regarding the right to 
                        appeal the determination under clause (v), to 
                        the individual, if the determination is other 
                        than the adult-supervised living arrangement 
                        requested by the individual.
                            ``(v) Right to appeal adult-supervised 
                        living arrangement.--If the State agency's 
                        determination of appropriate adult-supervised 
                        living arrangement in clause (i) is other than 
                        the adult-supervised living arrangement 
                        requested by the individual in clause (iii), 
                        the individual shall have a right to appeal the 
                        State agency's decision through appeal and 
                        dispute resolution mechanisms available in the 
                        State.''; and
            (4) by adding at the end the following:
                            ``(vi) Definitions.--In this subparagraph:
                                    ``(I) Transitional living youth 
                                project.--The term `transitional living 
                                youth project' has the same meaning as 
                                provided in section 387(6) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974.
                                    ``(II) Homeless youth.--The term 
                                `homeless youth' has the same meaning 
                                as provided in section 387(3) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974.
                                    ``(III) Street youth.--The term 
                                `street youth' has the same meaning as 
                                provided in section 387(5) of the 
                                Juvenile Justice and Delinquency 
                                Prevention Act of 1974.''.

SEC. 703. SUSPENSION OF TIME LIMIT FOR YOUNG ADULT PARENT INVOLVED IN 
              EDUCATION OR TRAINING.

    Section 408(a)(7)(B) of the Social Security Act (42 U.S.C. 
608(a)(7)(B)) is amended--
            (1) in the subparagraph heading, by striking ``Minor child 
        exception'' and inserting ``Age exceptions''; and
            (2) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) a minor child, and not the head of a 
                        household or married to the head of a 
                        household; or
                            ``(ii) was pregnant or a parent, and--
                                    ``(I) had not attained 20 years of 
                                age, and was meeting all program 
                                requirements relating to education, 
                                training and living arrangements; or
                                    ``(II) had attained 20 but not 21 
                                years of age, and was scheduled to 
                                complete all program requirements 
                                relating to education or training.''.

SEC. 704. TRANSITIONAL COMPLIANCE.

    Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is 
amended--
            (1) in paragraph (4), by striking ``if'' and all that 
        follows and inserting ``if--
                    ``(A) the individual does not participate in--
                            ``(i) educational activities directed 
                        toward the attainment of a high school diploma 
                        or its equivalent; or
                            ``(ii) an alternative educational or 
                        training program that has been approved by the 
                        State; and
                    ``(B) 91 days have elapsed since the State has 
                notified the individual that the individual is in 
                violation of this paragraph.''; and
            (2) in paragraph (5), by inserting ``, and 91 days have 
        elapsed since the State has notified the individual that the 
        individual is in violation of this paragraph'' before the 
        period.

SEC. 705. SANCTION PROTECTIONS FOR MINOR PARENTS.

    Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is 
amended by adding at the end the following:
            ``(12) A State to which a grant is made under section 403 
        of this Act shall not impose a sanction on a recipient of 
        assistance under the State program funded under this part who 
        is an individual described in section 408(a)(5)(B)(ii) of this 
        Act and whose household includes a minor who has received 
        assistance under the State program funded under this part 
        attributable to funds provided by the Federal Government or 
        under the food stamp program, as defined in section 3(h) of the 
        Food Stamp Act of 1977, unless the State has established 
        procedures that help recipients of assistance under the State 
        program funded under this part understand, avoid, or end 
        sanctions, and has applied the procedures to the recipient.''.

SEC. 706. TEEN PARENT STUDY AND REPORT.

    Section 413 of the Social Security Act (42 U.S.C. 613) is amended 
by adding at the end the following:
    ``(k) Teen Parent Study and Report.--
            ``(1) Study of tanf recipients.--The Secretary shall 
        conduct a study of recipients of assistance under State 
        programs funded under this part who are parents and have not 
        attained 20 years of age to determine the following:
                    ``(A) Whether State data on the number of such 
                recipients is accurately reflected in Federal data, 
                including an examination of the extent to which such 
                recipients who are members of a family are not 
                reflected in the data, and an examination of the extent 
                to which Federal estimation methods do not reflect the 
                number of such recipients in a State.
                    ``(B) What assessment procedures are utilized with 
                such recipients, and whether there appear to be best 
                practices that consider such issues as whether the 
                recipient has an educational barrier such as a learning 
                disability or mental health problem.
                    ``(C) Whether localities appear to have adequate 
                and appropriate services that meet the needs of such 
                recipients in areas such as infant care, education, 
                training, and mental health, for services such as 
                appropriate housing, mental health, and alternative 
                education, whether staff assist teen parents in 
                researching and locating such services including an 
                appropriate living arrangement, and the extent to which 
                such recipients who have not completed high school or 
                the equivalent are encouraged to engage in education or 
                work.
                    ``(D) How State rules providing that, in 
                determining the eligibility of such recipients for such 
                assistance, the income of the recipient is deemed to 
                include the income of any parents with whom such 
                recipient are living appear to have affected the extent 
                to which such recipients who are members of a family 
                with income less than 200 percent of the poverty line 
                (as defined in section 673(2) of the Omnibus Budget 
                Reconciliation Act of 1981, including any revision 
                required by such section, applicable to a family of the 
                size involved) are able to participate in State 
                programs funded under this part.
                    ``(E) Demographic information such as--
                            ``(i) the age of such recipients;
                            ``(ii) the amount of time such recipients 
                        received such assistance in a given year;
                            ``(iii) the number of children that such 
                        recipients have;
                            ``(iv) school attainment by such 
                        recipients, by age;
                            ``(v) the employment status of such 
                        recipients, such as whether a recipient has 
                        ever worked or has worked while in school; and
                            ``(vi) the child care arrangements of such 
                        recipients.
            ``(2) Study of low-income teen parents who are not tanf 
        recipients.--The Secretary shall conduct a study of a 
        representative sample of low-income (as determined by the 
        Secretary) teen parents who are not recipients of assistance 
        under a State program funded under this part, to determine the 
        following:
                    ``(A) Whether the teen parent sought to apply for 
                such assistance.
                    ``(B) Whether a teen parent who indicated to a 
                State a desire to apply for such assistance received an 
                application for such assistance.
                    ``(C) Whether a teen parent who applied for such 
                assistance was subsequently contacted by the State 
                agency responsible for operating a State program funded 
                under this part.
            ``(3) Report to the congress.--
                    ``(A) In general.--Within 3 years after the date of 
                the enactment of this subsection, the Secretary shall 
                submit to the Congress a report that contains the 
                findings of the studies required by this subsection and 
                recommendations regarding such issues as how to improve 
                data reporting, State plans, State `best practice' 
                information sharing, and assessments.
                    ``(B) Advisory group.--The Secretary shall 
                establish an advisory group consisting of 
                representatives from not more than 6 organizations that 
                work with parents who have not attained 20 years of 
                age, to provide advice to the Secretary on questions 
                relating to such parents that should be investigated 
                and to provide comments to accompany the 
                recommendations in the report required by subparagraph 
                (A).''.

SEC. 707. AMENDMENT TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
              1990.

    Section 658E(c)(2) of the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c(2)) is amended by adding at the end the 
following:
                    ``(I) Meeting the needs of homeless families.--
                Demonstrate the manner in which the State will meet the 
                specific needs of families who are experiencing 
                homelessness, including minor parents experiencing 
                homelessness, including by establishing--
                            ``(i) a preference for homeless families 
                        for child care services for which financial 
                        assistance is provided under this subchapter;
                            ``(ii) procedures to identify homeless 
                        families eligible for child care services for 
                        which financial assistance is provided under 
                        this subchapter;
                            ``(iii) prompt access of such homeless 
                        families to child care services for which 
                        financial assistance is provided under this 
                        subchapter;
                            ``(iv) strategies to address problems with 
                        respect to homeless families access to child 
                        care services for which financial assistance is 
                        provided under this subchapter, including 
                        problems resulting from enrollment delays that 
                        are caused by--
                                    ``(I) immunization and medical 
                                records requirements;
                                    ``(II) residency requirements;
                                    ``(III) lack of birth certificates, 
                                school records, or other documentation; 
                                or
                                    ``(IV) guardianship issues; and
                            ``(v) policies to remove barriers to the 
                        enrollment and retention of homeless families 
                        in child care services for which financial 
                        assistance is provided under this 
                        subchapter.''.

               TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH

SEC. 801. DEFINITIONS.

    (a) In General.--In this title:
            (1) Competent.--The term ``competent'', in reference to 
        counsel, means an attorney, or a representative authorized to 
        represent unaccompanied alien children in immigration 
        proceedings or matters, who--
                    (A) complies with the duties set forth in this 
                title;
                    (B)(i) is properly qualified to handle matters 
                involving unaccompanied alien children; or
                    (ii) is working under the auspices of a qualified 
                nonprofit organization that is experienced in handling 
                such matters; and
                    (C) if an attorney--
                            (i) is a member in good standing of the bar 
                        of the highest court of any State, possession, 
                        territory, Commonwealth, or the District of 
                        Columbia; and
                            (ii) is not under any order of any court 
                        suspending, enjoining, restraining, disbarring, 
                        or otherwise restricting the attorney in the 
                        practice of law.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Director.--The term ``Director'' means the Director of 
        the Office.
            (4) Office.--The term ``Office'' means the Office of 
        Refugee Resettlement established by section 411 of the 
        Immigration and Nationality Act (8 U.S.C. 1521).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in section 
        462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(g)(2)).
            (7) Voluntary agency.--The term ``voluntary agency'' means 
        a private, nonprofit voluntary agency with expertise in meeting 
        the cultural, developmental, or psychological needs of 
        unaccompanied alien children, as certified by the Director.
    (b) Amendments to the Immigration and Nationality Act.--Section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following:
    ``(51) The term `unaccompanied alien child' means a child who--
            ``(A) has no lawful immigration status in the United 
        States;
            ``(B) has not attained the age of 18; and
            ``(C) with respect to whom--
                    ``(i) there is no parent or legal guardian in the 
                United States; or
                    ``(ii) no parent or legal guardian in the United 
                States is available to provide care and physical 
                custody.
    ``(52) The term `unaccompanied refugee children' means persons 
described in paragraph (42) who--
            ``(A) have not attained the age of 18; and
            ``(B) with respect to whom there are no parents or legal 
        guardians available to provide care and physical custody.''.
    (c) Rule of Construction.--A department or agency of a State, or an 
individual or entity appointed by a State court or juvenile court 
located in the United States, acting in loco parentis, shall not be 
considered a legal guardian for purposes of section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279) or this title.

   Subtitle A--Custody, Release, Family Reunification, and Detention

SEC. 811. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN CHILDREN.

    (a) Unaccompanied Children Found Along the United States Border or 
at United States Ports of Entry.--
            (1) In general.--Subject to paragraph (2), if an 
        immigration officer finds an unaccompanied alien child who is 
        described in paragraph (2) at a land border or port of entry of 
        the United States and determines that such child is 
        inadmissible under the Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.), the officer shall--
                    (A) permit such child to withdraw the child's 
                application for admission pursuant to section 235(a)(4) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1225(a)(4)); and
                    (B) return such child to the child's country of 
                nationality or country of last habitual residence.
            (2) Special rule for contiguous countries.--
                    (A) In general.--Any child who is a national or 
                habitual resident of a country that is contiguous with 
                the United States and that has an agreement in writing 
                with the United States providing for the safe return 
                and orderly repatriation of unaccompanied alien 
                children who are nationals or habitual residents of 
                such country shall be treated in accordance with 
                paragraph (1), if a determination is made on a case-by-
                case basis that--
                            (i) such child is a national or habitual 
                        resident of a country described in this 
                        subparagraph;
                            (ii) such child does not have a fear of 
                        returning to the child's country of nationality 
                        or country of last habitual residence owing to 
                        a fear of persecution;
                            (iii) the return of such child to the 
                        child's country of nationality or country of 
                        last habitual residence would not endanger the 
                        life or safety of such child; and
                            (iv) the child is able to make an 
                        independent decision to withdraw the child's 
                        application for admission due to age or other 
                        lack of capacity.
                    (B) Right of consultation.--Any child described in 
                subparagraph (A) shall have the right, and shall be 
                informed of that right in the child's native language--
                            (i) to consult with a consular officer from 
                        the child's country of nationality or country 
                        of last habitual residence prior to 
                        repatriation; and
                            (ii) to consult, telephonically, with the 
                        Office.
            (3) Rule for apprehensions at the border.--The custody of 
        unaccompanied alien children not described in paragraph (2) who 
        are apprehended at the border of the United States or at a 
        United States port of entry shall be treated in accordance with 
        subsection (b).
    (b) Care and Custody of Unaccompanied Alien Children Found in the 
Interior of the United States.--
            (1) Establishment of jurisdiction.--
                    (A) In general.--Except as otherwise provided under 
                subparagraphs (B) and (C) and subsection (a), the care 
                and custody of all unaccompanied alien children, 
                including responsibility for their detention, where 
                appropriate, shall be under the jurisdiction of the 
                Office.
                    (B) Exception for children who have committed 
                crimes.--Notwithstanding subparagraph (A), the 
                Department shall retain or assume the custody and care 
                of any unaccompanied alien child who--
                            (i) has been charged with any felony, 
                        excluding offenses proscribed by the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.), while such charges are pending; or
                            (ii) has been convicted of any such felony.
                    (C) Exception for children who threaten national 
                security.--Notwithstanding subparagraph (A), the 
                Department shall retain or assume the custody and care 
                of an unaccompanied alien child if the Secretary has 
                substantial evidence, based on an individualized 
                determination, that such child could personally 
                endanger the national security of the United States.
                    (D) Trafficking victims.--For purposes of section 
                462 of the Homeland Security Act of 2002 (6 U.S.C. 279) 
                and this title, an unaccompanied alien child who is 
                eligible for services authorized under the Victims of 
                Trafficking and Violence Protection Act of 2000 (Public 
                Law 106-386), shall be considered to be in the custody 
                of the Office.
            (2) Notification.--
                    (A) In general.--The Secretary shall promptly 
                notify the Office upon--
                            (i) the apprehension of an unaccompanied 
                        alien child;
                            (ii) the discovery that an alien in the 
                        custody of the Department is an unaccompanied 
                        alien child;
                            (iii) any claim by an alien in the custody 
                        of the Department that such alien is under the 
                        age of 18; or
                            (iv) any suspicion that an alien in the 
                        custody of the Department who has claimed to be 
                        over the age of 18 is actually under the age of 
                        18.
                    (B) Special rule.--In the case of an alien 
                described in clause (iii) or (iv) of subparagraph (A), 
                the Director shall make an age determination in 
                accordance with section 815 and take whatever other 
                steps are necessary to determine whether such alien is 
                eligible for treatment under section 462 of the 
                Homeland Security Act of 2002 (6 U.S.C. 279) or this 
                title.
            (3) Transfer of unaccompanied alien children.--
                    (A) Transfer to the office.--The care and custody 
                of an unaccompanied alien child shall be transferred to 
                the Office--
                            (i) in the case of a child not described in 
                        subparagraph (B) or (C) of paragraph (1), not 
                        later than 72 hours after a determination is 
                        made that such child is an unaccompanied alien 
                        child;
                            (ii) in the case of a child whose custody 
                        and care has been retained or assumed by the 
                        Department pursuant to subparagraph (B) or (C) 
                        of paragraph (1), following a determination 
                        that the child no longer meets the description 
                        set forth in such subparagraphs; or
                            (iii) in the case of a child who was 
                        previously released to an individual or entity 
                        described in section 812(a)(1), upon a 
                        determination by the Director that such 
                        individual or entity is no longer able to care 
                        for the child.
                    (B) Transfer to the department.--Upon determining 
                that a child in the custody of the Office is described 
                in subparagraph (B) or (C) of paragraph (1), the 
                Director shall transfer the care and custody of such 
                child to the Department.
                    (C) Promptness of transfer.--In the event of a need 
                to transfer a child under this paragraph, the sending 
                office shall make prompt arrangements to transfer such 
                child and the receiving office shall make prompt 
                arrangements to receive such child.
    (c) Age Determinations.--In any case in which the age of an alien 
is in question and the resolution of questions about the age of such 
alien would affect the alien's eligibility for treatment under section 
462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or this title, 
a determination of whether or not such alien meets such age 
requirements shall be made in accordance with section 815, unless 
otherwise specified in subsection (b)(2)(B).
    (d) Access to Alien.--The Secretary of Homeland Security shall 
permit the Office to have reasonable access to aliens in the custody of 
the Secretary to ensure a prompt determination of the age of such 
alien, if necessary under subsection (b)(2)(B).

SEC. 812. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH 
              RELATIVES IN THE UNITED STATES.

    (a) Placement Authority.--
            (1) Order of preference.--Subject to the discretion of the 
        Director under paragraph (4), section 813(a)(2), and section 
        462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(b)(2)), an unaccompanied alien child in the custody of the 
        Office shall be promptly placed with 1 of the following 
        individuals or entities in the following order of preference:
                    (A) A parent who seeks to establish custody, as 
                described in paragraph (3)(A).
                    (B) A legal guardian who seeks to establish 
                custody, as described in paragraph (3)(A).
                    (C) An adult relative.
                    (D) An individual or entity designated by the 
                parent or legal guardian that is capable and willing to 
                care for the well-being of the child.
                    (E) A State-licensed juvenile shelter, group home, 
                or foster care program willing to accept custody of the 
                child.
                    (F) A qualified adult or entity seeking custody of 
                the child when it appears that there is no other likely 
                alternative to long-term detention and family 
                reunification does not appear to be a reasonable 
                alternative. For purposes of this subparagraph, the 
                Office shall decide who is a qualified adult or entity 
                and promulgate regulations in accordance with such 
                decision.
            (2) Suitability assessment.--
                    (A) General requirements.--Notwithstanding 
                paragraph (1), and subject to the requirements of 
                subparagraph (B), no unaccompanied alien child shall be 
                placed with a person or entity described in any of 
                subparagraphs (A) through (F) of paragraph (1) unless 
                the Director certifies, in writing, that the proposed 
                custodian is capable of providing for the child's 
                physical and mental well-being, based on--
                            (i) with respect to an individual 
                        custodian--
                                    (I) verification of such 
                                individual's identity and employment;
                                    (II) a finding that such individual 
                                has not engaged in any activity that 
                                would indicate a potential risk to the 
                                child, including the activities 
                                described in paragraph (4)(A);
                                    (III) a finding that such 
                                individual has no open investigation by 
                                a state or local child protective 
                                services authority due to suspected 
                                child abuse or neglect;
                                    (IV) verification that such 
                                individual has a plan for the provision 
                                of care for the child; and
                                    (V) verification of familial 
                                relationship of such individual, if any 
                                relationship is claimed; and
                            (ii) verification of nature and extent of 
                        previous relationship;
                            (iii) with respect to a custodial entity, 
                        verification of such entity's appropriate 
                        licensure by the State, county, or other 
                        applicable unit of government; and
                            (iv) such other information as the Director 
                        determines appropriate.
                    (B) Home study.--
                            (i) In general.--A home study shall be 
                        conducted prior to release with respect to each 
                        proposed custodian described in any of 
                        subparagraphs (A) through (F) of paragraph (1) 
                        unless waived by the Director.
                            (ii) Special needs children.--In the case 
                        of a special needs child with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102(2)), 
                        a home study shall be conducted to determine if 
                        the child's needs can be properly met by the 
                        custodian.
                    (C) Contract authority.--The Director may, by grant 
                or contract, arrange for some or all of the activities 
                under this section to be carried out by--
                            (i) an agency of the State of the child's 
                        proposed residence;
                            (ii) an agency authorized by such State to 
                        conduct such activities; or
                            (iii) an appropriate voluntary or nonprofit 
                        agency.
                    (D) Database access.--In conducting suitability 
                assessments, the Director shall be given access to all 
                relevant information in the appropriate Federal, State, 
                and local law enforcement and immigration databases.
            (3) Right of parent or legal guardian to custody of 
        unaccompanied alien child.--
                    (A) Placement with parent or legal guardian.--If an 
                unaccompanied alien child is placed with any person or 
                entity other than a parent or legal guardian, and 
                subsequent to that placement a parent or legal guardian 
                seeks to establish custody, the Director shall--
                            (i) assess the suitability of placing the 
                        child with the parent or legal guardian; and
                            (ii) make a written determination on the 
                        child's placement within 30 days.
                    (B) Rule of construction.--Nothing in this title 
                shall be construed to--
                            (i) supersede obligations under any treaty 
                        or other international agreement to which the 
                        United States is a party, including The Hague 
                        Convention on the Civil Aspects of 
                        International Child Abduction, the Vienna 
                        Declaration and Program of Action, and the 
                        Declaration of the Rights of the Child; or
                            (ii) limit any right or remedy under such 
                        international agreement.
            (4) Protection from smugglers and traffickers.--
                    (A) Policies and programs.--
                            (i) In general.--The Director shall 
                        establish policies and programs to ensure that 
                        unaccompanied alien children are protected from 
                        smugglers, traffickers, or other persons 
                        seeking to victimize or otherwise engage such 
                        children in criminal, harmful, or exploitative 
                        activity.
                            (ii) Witness protection programs 
                        included.--Programs established pursuant to 
                        clause (i) may include witness protection 
                        programs.
                    (B) Criminal investigations and prosecutions.--Any 
                officer or employee of the Office or the Department of 
                Homeland Security, and any grantee or contractor of the 
                Office, who suspects any individual of involvement in 
                any activity described in subparagraph (A) shall report 
                such individual to Federal or State prosecutors for 
                criminal investigation and prosecution.
                    (C) Disciplinary action.--Any officer or employee 
                of the Office or the Department of Homeland Security, 
                and any grantee or contractor of the Office, who 
                suspects an attorney of involvement in any activity 
                described in subparagraph (A) shall report the 
                individual to the State bar association of which the 
                attorney is a member, or to other appropriate 
                disciplinary authorities, for appropriate disciplinary 
                action, which may include private or public admonition 
                or censure, suspension, or disbarment of the attorney 
                from the practice of law.
            (5) Grants and contracts.--The Director may award grants 
        to, and enter into contracts with, voluntary agencies to carry 
        out this section or section 462 of the Homeland Security Act of 
        2002 (6 U.S.C. 279).
            (6) Reimbursement of state expenses.--The Director may 
        reimburse States for any expenses they incur in providing 
        assistance to unaccompanied alien children who are served 
        pursuant to this title or section 462 of the Homeland Security 
        Act of 2002 (6 U.S.C. 279).
    (b) Confidentiality.--All information obtained by the Office 
relating to the immigration status of a person described in 
subparagraphs (A), (B), and (C) of subsection (a)(1) shall remain 
confidential and may be used only for the purposes of determining such 
person's qualifications under subsection (a)(1).
    (c) Required Disclosure.--The Secretary of Health and Human 
Services or the Secretary of Homeland Security shall provide the 
information furnished under this section, and any other information 
derived from such furnished information, to--
            (1) a duly recognized law enforcement entity in connection 
        with an investigation or prosecution of an offense described in 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), when such information is 
        requested in writing by such entity; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (d) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 813. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Standards for Placement.--
            (1) Prohibition of detention in certain facilities.--Except 
        as provided in paragraph (2), an unaccompanied alien child 
        shall not be placed in an adult detention facility or a 
        facility housing delinquent children.
            (2) Detention in appropriate facilities.--An unaccompanied 
        alien child who has exhibited a violent or criminal behavior 
        that endangers others may be detained in conditions appropriate 
        to such behavior in a facility appropriate for delinquent 
        children.
            (3) State licensure.--A child shall not be placed with an 
        entity described in section 812(a)(1)(E), unless the entity is 
        licensed by an appropriate State agency to provide residential, 
        group, child welfare, or foster care services for dependent 
        children.
            (4) Conditions of detention.--
                    (A) In general.--The Director and the Secretary of 
                Homeland Security shall promulgate regulations 
                incorporating standards for conditions of detention of 
                an unaccompanied alien child that provide for--
                            (i) educational services appropriate to the 
                        child;
                            (ii) medical care;
                            (iii) mental health care, including 
                        treatment of trauma, physical and sexual 
                        violence, or abuse;
                            (iv) access to telephones;
                            (v) access to legal services;
                            (vi) access to interpreters;
                            (vii) supervision by professionals trained 
                        in the care of children, taking into account 
                        the special cultural, linguistic, and 
                        experiential needs of children in immigration 
                        proceedings;
                            (viii) recreational programs and 
                        activities;
                            (ix) spiritual and religious needs; and
                            (x) dietary needs.
                    (B) Notification of children.--Regulations 
                promulgated under subparagraph (A) shall provide that 
                all children are notified of such standards orally and 
                in writing in the child's native language.
    (b) Prohibition of Certain Practices.--
            (1) In general.--The Director and the Secretary shall 
        develop procedures for treatment of unaccompanied alien 
        children prohibiting the unreasonable use of--
                    (A) shackling, handcuffing, or other restraints on 
                children;
                    (B) solitary confinement;
                    (C) contact with adult detainees; or
                    (D) pat or strip searches.
            (2) Procedures.--The procedures under paragraph (1) shall 
        require that a reasonable use of a practice described in 
        paragraph (1) shall be justified in writing, reviewed by an 
        immigration judge, and subject to administrative and judicial 
        review.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to supersede procedures favoring release of children to 
appropriate adults or entities or placement in the least secure setting 
possible, as defined in the Stipulated Settlement Agreement under 
Flores v. Reno.

SEC. 814. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

    (a) Country Conditions.--
            (1) Sense of congress.--It is the sense of Congress that, 
        to the extent consistent with the treaties and other 
        international agreements to which the United States is a party, 
        and to the extent practicable, the United States Government 
        should undertake efforts to ensure that it does not repatriate 
        children in its custody into settings that would threaten the 
        life and safety of such children.
            (2) Assessment of conditions.--
                    (A) In general.--The annual Country Reports on 
                Human Rights Practices published by the Department of 
                State shall contain an assessment of the degree to 
                which each country protects children from smugglers and 
                traffickers.
                    (B) Factors for assessment.--The Department shall 
                consult the Country Reports on Human Rights Practices 
                and the Trafficking in Persons Report in assessing 
                whether to repatriate an unaccompanied alien child to a 
                particular country.
                    (C) Homelessness assessment.--The annual Country 
                Report on Human Rights Practices published by the 
                Department of State shall contain an assessment of the 
                extent of parental abandonment and homelessness among 
                children of the country.
    (b) Report on Repatriation of Unaccompanied Alien Children.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit a report to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives on efforts to repatriate unaccompanied alien 
        children.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the number of unaccompanied alien children 
                ordered removed and the number of such children 
                actually removed from the United States;
                    (B) a description of the type of immigration relief 
                sought and denied to such children;
                    (C) a statement of the nationalities, ages, and 
                gender of such children;
                    (D) a description of the procedures used to effect 
                the removal of such children from the United States;
                    (E) a description of steps taken to ensure that 
                such children were safely and humanely repatriated to 
                their country of origin;
                    (F) any information gathered in assessments of 
                country and local conditions pursuant to subsection 
                (a)(2);
                    (G) the number of unaccompanied alien children 
                requesting permission for a State to have jurisdiction 
                in a juvenile court for the purpose obtaining a finding 
                of abuse, neglect, or abandonment, and the number of 
                such requests approved and denied; and
                    (H) the number of unaccompanied alien children 
                eligible for, applying for, granted, or denied a visa 
                under section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)).

SEC. 815. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.

    (a) Procedures.--
            (1) In general.--The Director shall develop procedures, in 
        consultation with the Secretary, to make a prompt determination 
        of the age of an alien, to be used--
                    (A) by the Department, with respect to aliens in 
                the custody of the Department; and
                    (B) by the Office, with respect to aliens in the 
                custody of the Office.
            (2) Evidence.--The procedures developed under paragraph (1) 
        shall--
                    (A) permit the presentation of multiple forms of 
                evidence, including testimony of the alien, to 
                determine the age of the unaccompanied alien for 
                purposes of placement, custody, parole, and detention; 
                and
                    (B) allow the appeal of a determination to an 
                immigration judge.
    (b) Prohibition on Sole Means of Determining Age.--Radiographs or 
the attestation of an alien shall not be used as the sole means of 
determining age for the purposes of determining an alien's eligibility 
for treatment under this title or section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to place the burden of proof in determining the age of an 
alien on the Government.

SEC. 816. EFFECTIVE DATE.

    This subtitle shall take effect on the date which is 90 days after 
the date of enactment of this Act.

 Subtitle B--Access by Unaccompanied Alien Children to Child Advocates 
                              and Counsel

SEC. 821. CHILD ADVOCATES.

    (a) Establishment of Child Advocate Program.--
            (1) Appointment.--
                    (A) Authorization for appointment.--The Director 
                may appoint a child advocate, who meets the 
                qualifications described in paragraph (2), for an 
                unaccompanied alien child.
                    (B) Mandatory appointment.--The Director shall 
                appoint a child advocate, who meets the qualifications 
                described in paragraph (2), for each unaccompanied 
                alien child requesting permission for a State to have 
                jurisdiction in a juvenile court for the purpose of 
                obtaining a finding of abuse, neglect, or abandonment.
                    (C) Contract with agency.--The Director is 
                encouraged, wherever practicable, to contract with a 
                voluntary agency for the selection of an individual to 
                be appointed as a child advocate under this paragraph.
            (2) Qualifications of child advocate.--
                    (A) In general.--No person shall serve as a child 
                advocate unless such person--
                            (i) is a child welfare professional or 
                        other individual who has received training in 
                        child welfare matters; and
                            (ii) possesses special training on the 
                        nature of problems encountered by unaccompanied 
                        alien children.
                    (B) Prohibition.--A child advocate shall not be an 
                employee of the Department, the Office, or the 
                Executive Office for Immigration Review.
            (3) Duties.--The child advocate shall--
                    (A) conduct interviews with the child in a manner 
                that is appropriate, taking into account the child's 
                age;
                    (B) investigate the facts and circumstances 
                relevant to the child's presence in the United States, 
                including facts and circumstances--
                            (i) arising in the country of the child's 
                        nationality or last habitual residence; and
                            (ii) arising subsequent to the child's 
                        departure from such country;
                    (C) work with counsel to identify the child's 
                eligibility for relief from removal or voluntary 
                departure by sharing with counsel information collected 
                under subparagraph (B);
                    (D) develop recommendations on issues relative to 
                the child's custody, detention, release, and 
                repatriation;
                    (E) take reasonable steps to ensure that--
                            (i) the best interests of the child are 
                        promoted while the child participates in, or is 
                        subject to, proceedings or matters under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.);
                            (ii) the child understands the nature of 
                        the legal proceedings or matters and 
                        determinations made by the court, and that all 
                        information is conveyed to the child in an age-
                        appropriate manner; and
                    (F) report factual findings relating to--
                            (i) information collected under 
                        subparagraph (B);
                            (ii) the care and placement of the child 
                        during the pendency of the proceedings or 
                        matters; and
                            (iii) any other information collected under 
                        subparagraph (D).
            (4) Termination of appointment.--The child advocate shall 
        carry out the duties described in paragraph (3) until the 
        earliest of the date on which--
                    (A) those duties are completed;
                    (B) the child departs the United States;
                    (C) the child is granted permanent resident status 
                in the United States;
                    (D) the child attains the age of 18; or
                    (E) the child is placed in the custody of a parent 
                or legal guardian.
            (5) Powers.--The child advocate--
                    (A) shall have reasonable access to the child, 
                including access while such child is being held in 
                detention or in the care of a foster family;
                    (B) shall be permitted to review all records and 
                information relating to such proceedings that are not 
                deemed privileged or classified;
                    (C) may seek independent evaluations of the child;
                    (D) shall be notified in advance of all hearings or 
                interviews involving the child that are held in 
                connection with proceedings or matters under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), and shall be given a reasonable opportunity to 
                be present at such hearings or interviews;
                    (E) shall be permitted to consult with the child 
                during any hearing or interview involving such child; 
                and
                    (F) shall be provided at least 24 hours advance 
                notice of a transfer of that child to a different 
                placement, absent compelling and unusual circumstances 
                warranting the transfer of such child before such 
                notification.
    (b) Training.--
            (1) In general.--The Director shall provide professional 
        training for all persons serving as guardians ad litem under 
        this section.
            (2) Training topics.--The training provided under paragraph 
        (1) shall include training in--
                    (A) the circumstances and conditions that 
                unaccompanied alien children face; and
                    (B) various immigration benefits for which such 
                alien child might be eligible.
    (c) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall establish and begin 
        to carry out a pilot program to test the implementation of 
        subsection (a).
            (2) Purpose.--The purpose of the pilot program established 
        under paragraph (1) is to--
                    (A) study and assess the benefits of providing 
                guardians ad litem to assist unaccompanied alien 
                children involved in immigration proceedings or 
                matters;
                    (B) assess the most efficient and cost-effective 
                means of implementing the child advocate provisions in 
                this section; and
                    (C) assess the feasibility of implementing such 
                provisions on a nationwide basis for all unaccompanied 
                alien children in the care of the Office.
            (3) Scope of program.--
                    (A) Selection of site.--The Director shall select 3 
                sites in which to operate the pilot program established 
                under paragraph (1).
                    (B) Number of children.--To the greatest extent 
                possible, each site selected under subparagraph (A) 
                should have at least 25 children held in immigration 
                custody at any given time.
            (4) Report to congress.--Not later than 1 year after the 
        date on which the first pilot program site is established under 
        paragraph (1), the Director shall submit a report on the 
        achievement of the purposes described in paragraph (2) to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives.

SEC. 822. COUNSEL.

    (a) Access to Counsel.--
            (1) In general.--The Director should ensure that all 
        unaccompanied alien children in the custody of the Office or 
        the Department, who are not described in section 811(a)(2), 
        have competent counsel to represent them in immigration 
        proceedings or matters.
            (2) Pro bono representation.--To the maximum extent 
        practicable, the Director should--
                    (A) make every effort to utilize the services of 
                competent pro bono counsel who agree to provide 
                representation to such children without charge; and
                    (B) ensure that placements made under subparagraphs 
                (D), (E), and (F) of section 812(a)(1) are in cities 
                where there is a demonstrated capacity for competent 
                pro bono representation.
            (3) Development of necessary infrastructures and systems.--
        For purposes of this subsection, the Director shall develop the 
        necessary mechanisms to identify entities available to provide 
        such legal assistance and representation and to recruit such 
        entities.
            (4) Contracting and grant making authority.--
                    (A) In general.--The Director shall enter into 
                contracts with, or award grants to, nonprofit agencies 
                with relevant expertise in the delivery of immigration-
                related legal services to children in order to carry 
                out the responsibilities of this title, including 
                providing legal orientation, screening cases for 
                referral, recruiting, training, and overseeing pro bono 
                attorneys.
                    (B) Subcontracting.--Nonprofit agencies may enter 
                into subcontracts with, or award grants to, private 
                voluntary agencies with relevant expertise in the 
                delivery of immigration-related legal services to 
                children in order to carry out this subsection.
                    (C) Considerations regarding grants and 
                contracts.--In awarding grants and entering into 
                contracts with agencies under this paragraph, the 
                Director shall take into consideration the capacity of 
                the agencies in question to properly administer the 
                services covered by such grants or contracts without an 
                undue conflict of interest.
            (5) Model guidelines on legal representation of children.--
                    (A) Development of guidelines.--The Executive 
                Office for Immigration Review, in consultation with 
                voluntary agencies and national experts, shall develop 
                model guidelines for the legal representation of alien 
                children in immigration proceedings. Such guidelines 
                shall be based on the children's asylum guidelines, the 
                American Bar Association Model Rules of Professional 
                Conduct, and other relevant domestic or international 
                sources.
                    (B) Purpose of guidelines.--The guidelines 
                developed under subparagraph (A) shall be designed to 
                help protect each child from any individual suspected 
                of involvement in any criminal, harmful, or 
                exploitative activity associated with the smuggling or 
                trafficking of children, while ensuring the fairness of 
                the removal proceeding in which the child is involved.
                    (C) Implementation.--The Executive Office for 
                Immigration Review shall adopt the guidelines developed 
                under subparagraph (A) and submit the guidelines for 
                adoption by national, State, and local bar 
                associations.
    (b) Duties.--Counsel under this section shall--
            (1) represent the unaccompanied alien child in all 
        proceedings and matters relating to the immigration status of 
        the child or other actions involving the Department;
            (2) appear in person for all individual merits hearings 
        before the Executive Office for Immigration Review and 
        interviews involving the Department; and
            (3) owe the same duties of undivided loyalty, 
        confidentiality, and competent representation to the child as 
        is due an adult client.
    (c) Access to Child.--
            (1) In general.--Counsel shall have reasonable access to 
        the unaccompanied alien child, including access while the child 
        is being held in detention, in the care of a foster family, or 
        in any other setting that has been determined by the Office.
            (2) Restriction on transfers.--Absent compelling and 
        unusual circumstances, no child who is represented by counsel 
        shall be transferred from the child's placement to another 
        placement unless advance notice of at least 24 hours is made to 
        counsel of such transfer.
    (d) Notice to Counsel During Immigration Proceedings.--
            (1) In general.--Except when otherwise required in an 
        emergency situation involving the physical safety of the child, 
        counsel shall be given prompt and adequate notice of all 
        immigration matters affecting or involving an unaccompanied 
        alien child, including adjudications, proceedings, and 
        processing, before such actions are taken.
            (2) Opportunity to consult with counsel.--An unaccompanied 
        alien child in the custody of the Office may not give consent 
        to any immigration action, including consenting to voluntary 
        departure, without first consulting with counsel.
    (e) Access to Recommendations of Child Advocate.--Counsel shall be 
given an opportunity to review the recommendation by the child advocate 
affecting or involving a client who is an unaccompanied alien child.
    (f) Counsel for Unaccompanied Alien Children.--The United States 
shall pay for counsel to any unaccompanied alien child without the 
means to pay for counsel himself or herself.

SEC. 823. PRESERVATION OF LAW ENFORCEMENT AUTHORITY.

    (a) In General.--The child advocate or counsel appointed under this 
subtitle shall not interfere with Federal investigators or prosecutors 
in a Federal criminal investigation or prosecution in which the child 
is a victim or witness.
    (b) Definition.--In subsection (a), the term ``interfere with'' 
shall include--
            (1) restricting access to a victim or witness;
            (2) encouraging noncooperation with Federal investigators 
        or prosecutors; and
            (3) being present during interviews of the child by Federal 
        investigators or prosecutors without the permission of the 
        investigators or prosecutors.

SEC. 824. EFFECTIVE DATE; APPLICABILITY.

    (a) Effective Date.--This subtitle shall take effect 180 days after 
the date of enactment of this Act.
    (b) Applicability.--The provisions of this subtitle shall apply to 
all unaccompanied alien children in Federal custody on, before, or 
after the effective date of this title.

 Subtitle C--Strengthening Policies for Permanent Protection of Alien 
                                Children

SEC. 831. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

    (a) J Classification.--Section 101(a)(27)(J) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as 
follows:
            ``(J) an immigrant, who is 18 years of age or younger on 
        the date of application for the classification and who is 
        present in the United States--
                    ``(i) who by a court order supported by written 
                findings of fact, which shall be binding on the 
                Secretary of Homeland Security for purposes of 
                adjudications under this subparagraph, was declared 
                dependent on a juvenile court located in the United 
                States or has been legally committed to, or placed 
                under the custody of, a department or agency of a 
                State, or an individual or entity appointed by a State 
                or juvenile court located in the United States, and who 
                has been deemed eligible by that court for long-term 
                foster care due to abuse, neglect, abandonment, or a 
                similar basis found under State law;
                    ``(ii) for whom it has been determined by written 
                findings of fact in administrative or judicial 
                proceedings that it would not be in the alien's best 
                interest to be returned to the alien's or parent's 
                previous country of nationality or country of last 
                habitual residence; and
                    ``(iii) with respect to a child in Federal custody, 
                for whom the Office of Refugee Resettlement of the 
                Department of Health and Human Services has certified 
                to the Director of U.S. Citizenship and Immigration 
                Services that the classification of an alien as a 
                special immigrant under this subparagraph has not been 
                made solely to provide an immigration benefit to that 
                alien,
            ``except that no natural parent or prior adoptive parent of 
        any alien provided special immigrant status under this 
        subparagraph shall thereafter, by virtue of such parentage, be 
        accorded any right, privilege, or status under this Act;''.
    (b) Adjustment of Status.--Section 245(h)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 
follows:
                    ``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), 
                and 9(C)(i)(I) of section 212(a) shall not apply; 
                and''.
    (c) Eligibility for Assistance.--A child who has been granted 
relief under section 811(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)), may be eligible for funds made available 
under section 412(d) of that Act (8 U.S.C. 1522(d)) until such time as 
the child attains the age designated in section 412(d)(2)(B) of that 
Act (8 U.S.C. 1522(d)(2)(B)), or until the child is placed in a 
permanent adoptive home, whichever occurs first.
    (d) Transition Rule.--Notwithstanding any other provision of law, 
any child described in section 101(a)(27)(J) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(J)) who filed an application for 
special immigrant juvenile classification before the date of enactment 
of this Act and who was 19, 20, or 21 years of age on the date such 
application was filed shall not be denied such classification after the 
date of enactment of this Act because of such alien's age.

SEC. 832. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES WHO COME 
              INTO CONTACT WITH UNACCOMPANIED ALIEN CHILDREN.

    (a) Training of State and Local Officials and Certain Private 
Parties.--
            (1) In general.--The Secretary of Health and Human 
        Services, acting jointly with the Secretary, shall provide 
        appropriate training materials, and if requested, direct 
        training, to State and county officials, child welfare 
        specialists, teachers, public counsel, and juvenile judges who 
        come into contact with unaccompanied alien children.
            (2) Curriculum.--The training shall provide education on 
        the processes pertaining to unaccompanied alien children with 
        pending immigration status and on the forms of relief 
        potentially available. The Director shall be responsible for 
        establishing a core curriculum that can be incorporated into 
        education, training, or orientation modules or formats that are 
        currently used by these professionals.
            (3) Video conferencing.--If direct training is requested 
        under this subsection, such training may be conducted through 
        video conferencing.
    (b) Training of Department Personnel.--The Secretary, acting 
jointly with the Secretary of Health and Human Services, shall provide 
specialized training to all personnel of the Department who come into 
contact with unaccompanied alien children. Training for Border Patrol 
agents and immigration inspectors shall include specific training on 
identifying children at the United States borders or at United States 
ports of entry who have been victimized by smugglers or traffickers, 
and children for whom asylum or special immigrant relief may be 
appropriate, including children described in section 811(a)(2).

SEC. 833. REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary of Health and Human Services shall 
submit a report for the previous fiscal year to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives that contains--
            (1) data related to the implementation of section 462 of 
        the Homeland Security Act (6 U.S.C. 279);
            (2) data regarding the care and placement of children in 
        accordance with this title;
            (3) data regarding the provision of child advocate and 
        counsel services under this title; and
            (4) any other information that the Director or the 
        Secretary of Health and Human Services determines to be 
        appropriate.

SEC. 834. EFFECTIVE DATE.

    The amendment made by section 831 shall apply to all aliens who 
were in the United States before, on, or after the date of enactment of 
this Act.

            Subtitle D--Children Refugee and Asylum Seekers

SEC. 841. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

    (a) Sense of Congress.--Congress--
            (1) commends the former Immigration and Naturalization 
        Service for its issuance of its ``Guidelines for Children's 
        Asylum Claims'', dated December 1998, and encourages and 
        supports the implementation of such guidelines by the 
        Department in an effort to facilitate the handling of 
        children's affirmative asylum claims;
            (2) commends the Executive Office for Immigration Review of 
        the Department of Justice for its issuance of its ``Guidelines 
        for Immigration Court Cases Involving Unaccompanied Alien 
        Children'', dated September 2004, and encourages and supports 
        the continued implementation of such guidelines by the 
        Executive Office for Immigration Review in its handling of 
        children's asylum claims before immigration judges; and
            (3) understands that the guidelines described in paragraph 
        (2) do not specifically address the issue of asylum claims, but 
        go to the broader issue of unaccompanied alien children in 
        general.
    (b) Training.--
            (1) Immigration officers.--The Secretary shall provide 
        periodic comprehensive training under the ``Guidelines for 
        Children's Asylum Claims'' to asylum officers and immigration 
        officers who have contact with children in order to familiarize 
        and sensitize such officers to the needs of children asylum 
        seekers.
            (2) Immigration judges.--The Executive Office for 
        Immigration Review shall--
                    (A) provide periodic comprehensive training under 
                the ``Guidelines for Immigration Court Cases Involving 
                Unaccompanied Alien Children'' and the ``Guidelines for 
                Children's Asylum Claims'' to immigration judges and 
                members of the Board of Immigration Appeals; and
                    (B) redistribute to all Immigration Courts the 
                ``Guidelines for Children's Asylum Claims'' as part of 
                its training of immigration judges.
            (3) Use of voluntary agencies.--Voluntary agencies shall be 
        allowed to assist in the training described in this subsection.

SEC. 842. UNACCOMPANIED REFUGEE CHILDREN.

    (a) Identifying Unaccompanied Refugee Children.--Section 207(e) of 
the Immigration and Nationality Act (8 U.S.C. 1157(e)) is amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) An analysis of the worldwide situation faced by 
        unaccompanied refugee children, by region, which shall include 
        an assessment of--
                    ``(A) the number of unaccompanied refugee children, 
                by region;
                    ``(B) the capacity of the Department of State to 
                identify such refugees;
                    ``(C) the capacity of the international community 
                to care for and protect such refugees;
                    ``(D) the capacity of the voluntary agency 
                community to resettle such refugees in the United 
                States;
                    ``(E) the degree to which the United States plans 
                to resettle such refugees in the United States in the 
                coming fiscal year; and
                    ``(F) the fate that will befall such unaccompanied 
                refugee children for whom resettlement in the United 
                States is not possible.''.
    (b) Training on the Needs of Unaccompanied Refugee Children.--
Section 207(f)(2) of the Immigration and Nationality Act (8 U.S.C. 
1157(f)(2)) is amended by--
            (1) striking ``and'' after ``countries,''; and
            (2) inserting before the period at the end the following: 
        ``, and instruction on the needs of unaccompanied refugee 
        children''.

SEC. 843. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN ASYLUM AND 
              REFUGEE-LIKE CIRCUMSTANCES.

    (a) Placement in Removal Proceedings.--Any unaccompanied alien 
child apprehended by the Department, except for an unaccompanied alien 
child subject to exceptions under paragraph (1)(A) or (2) of section 
811(a), shall be placed in removal proceedings under section 240 of the 
Immigration and Nationality Act (8 U.S.C. 1229a).
    (b) Exception From Time Limit for Filing Asylum Application.--
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended by adding at the end the following:
                    ``(E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child as 
                defined in section 101(a)(51).''.

              Subtitle E--Authorization of Appropriations

SEC. 851. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department of Homeland Security, the Department of Justice, and the 
Department of Health and Human Services, such sums as may be necessary 
to carry out--
            (1) the provisions of section 462 of the Homeland Security 
        Act of 2002 (6 U.S.C. 279); and
            (2) the provisions of this title.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.

      Subtitle F--Amendments to the Homeland Security Act of 2002

SEC. 861. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE OFFICE OF 
              REFUGEE RESETTLEMENT WITH RESPECT TO UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Additional Responsibilities of the Director.--Section 462(b)(1) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)) is amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) in subparagraph (L), by striking the period at the end 
        and inserting ``, including regular follow-up visits to such 
        facilities, placements, and other entities, to assess the 
        continued suitability of such placements; and''; and
            (3) by adding at the end the following:
                    ``(M) ensuring minimum standards of care for all 
                unaccompanied alien children--
                            ``(i) for whom detention is necessary; and
                            ``(ii) who reside in settings that are 
                        alternative to detention.''.
    (b) Additional Powers of the Director.--Section 462(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(b)) is amended by adding at 
the end the following:
            ``(4) Authority.--In carrying out the duties under 
        paragraph (3), the Director is authorized to--
                    ``(A) contract with service providers to perform 
                the services described in sections 813, 811, and 812 of 
                the A Place to Call Home Act; and
                    ``(B) compel compliance with the terms and 
                conditions set forth in section 813 of the A Place to 
                Call Home Act, including the power to--
                            ``(i) declare providers to be in breach and 
                        seek damages for noncompliance;
                            ``(ii) terminate the contracts of providers 
                        that are not in compliance with such 
                        conditions; and
                            ``(iii) reassign any unaccompanied alien 
                        child to a similar facility that is in 
                        compliance with such section.''.

SEC. 862. TECHNICAL CORRECTIONS.

    Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)), as amended by section 861, is amended--
            (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
        inserting ``paragraph (1)''; and
            (2) by adding at the end the following:
            ``(5) Statutory construction.--Nothing in paragraph (2)(B) 
        may be construed to require that a bond be posted for 
        unaccompanied alien children who are released to a qualified 
        sponsor.''.

SEC. 863. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect as if 
included in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

                  TITLE IX--JUVENILE STATUS OFFENDERS

SEC. 901. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.

    Section 223(a)(11) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended by striking 
``excluding--'' through ``State;'' and inserting ``excluding juveniles 
who are charged with or who have committed a violation of section 
922(x)(2) of title 18, United States Code, or of a similar State 
law;''.
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