[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5339 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5339

   To reauthorize the Runaway and Homeless Youth Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2018

Mr. Yarmuth (for himself, Mr. Denham, and Mr. Reichert) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
   To reauthorize the Runaway and Homeless Youth Act, 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 ``Runaway and Homeless Youth and 
Trafficking Prevention Act of 2018''.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the amendment or repeal shall be considered to be made 
to a provision of the Runaway and Homeless Youth Act (34 U.S.C. 11201 
et seq.).

SEC. 3. FINDINGS.

    Section 302 (34 U.S.C. 11201) is amended--
            (1) in paragraph (2), by inserting ``age, gender, and 
        culturally and'' before ``linguistically appropriate'';
            (2) in paragraph (4), by striking ``outside the welfare 
        system and the law enforcement system'' and inserting ``, in 
        collaboration with public assistance systems, the law 
        enforcement system, and the child welfare system'';
            (3) in paragraph (5)--
                    (A) by inserting ``a safe place to live and'' after 
                ``youth need''; and
                    (B) by striking ``and'' at the end;
            (4) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (5) by adding at the end the following:
            ``(7) runaway and homeless youth are at a high risk of 
        becoming victims of sexual exploitation and trafficking in 
        persons.''.

SEC. 4. BASIC CENTER GRANT PROGRAM.

    (a) Grants for Centers and Services.--Section 311(a) (34 U.S.C. 
11211(a)) is amended--
            (1) in paragraph (1), by striking ``services'' and all that 
        follows through the period and inserting ``safe shelter and 
        services, including trauma-informed services, for runaway and 
        homeless youth and, if appropriate, services for the families 
        of such youth, including (if appropriate) individuals 
        identified by such youth as family.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``mental 
                health,'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``21 days; 
                        and'' and inserting ``30 days;'';
                            (ii) in clause (ii)--
                                    (I) by inserting ``age, gender, and 
                                culturally and linguistically 
                                appropriate, to the extent 
                                practicable,'' before ``individual'';
                                    (II) by inserting ``, as 
                                appropriate,'' after ``group''; and
                                    (III) by striking ``as 
                                appropriate'' and inserting ``including 
                                (if appropriate) counseling for 
                                individuals identified by such youth as 
                                family''; and
                            (iii) by adding at the end the following:
                            ``(iii) suicide prevention services; and''; 
                        and
                    (C) in subparagraph (C)--
                            (i) in clause (ii), by inserting ``age, 
                        gender, and culturally and linguistically 
                        appropriate, to the extent practicable,'' 
                        before ``home-based services'';
                            (ii) in clause (iii), by striking ``and'' 
                        at the end;
                            (iii) in clause (iv), by striking 
                        ``diseases.'' and inserting ``infections;''; 
                        and
                            (iv) by adding at the end the following:
                            ``(v) trauma-informed and gender-responsive 
                        services for runaway or homeless youth, 
                        including such youth who are victims of 
                        trafficking in persons or sexual exploitation; 
                        and
                            ``(vi) an assessment of family engagement 
                        in support and reunification (if reunification 
                        is appropriate), interventions, and services 
                        for parents or legal guardians of such youth, 
                        or (if appropriate) individuals identified by 
                        such youth as family.''.
    (b) Eligibility; Plan Requirements.--Section 312 (34 U.S.C. 11212) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by inserting ``, or (if 
                appropriate) individuals identified by such youth as 
                family,'' after ``parents or legal guardians'';
                    (B) in paragraph (6), by striking ``cultural 
                minority and persons with limited ability to speak 
                English'' and inserting ``cultural minority, persons 
                with limited ability to speak English, and runaway or 
                homeless youth who are victims of trafficking in 
                persons or sexual exploitation'';
                    (C) by striking paragraph (7) and inserting the 
                following:
            ``(7) shall keep adequate statistical records profiling the 
        youth and family members of such youth whom the applicant 
        serves, including demographic information on and the number 
        of--
                    ``(A) such youth who are not referred to out-of-
                home shelter services;
                    ``(B) such youth who are members of vulnerable or 
                underserved populations;
                    ``(C) such youth who are victims of trafficking in 
                persons or sexual exploitation, disaggregated by--
                            ``(i) such youth who have been coerced or 
                        forced into a commercial sex act, as defined in 
                        section 103 of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102);
                            ``(ii) such youth who have been coerced or 
                        forced into other forms of labor; and
                            ``(iii) such youth who have engaged in a 
                        commercial sex act, as so defined, for any 
                        reason other than by coercion or force;
                    ``(D) such youth who are pregnant or parenting;
                    ``(E) such youth who have been involved in the 
                child welfare system; and
                    ``(F) such youth who have been involved in the 
                juvenile justice system;'';
                    (D) by redesignating paragraphs (8) through (13) as 
                paragraphs (9) through (14);
                    (E) by inserting after paragraph (7) the following:
            ``(8) shall ensure that--
                    ``(A) the records described in paragraph (7), on an 
                individual runaway or homeless youth, shall not be 
                disclosed without the consent of the individual youth 
                and of the parent or legal guardian of such youth or 
                (if appropriate) an individual identified by such youth 
                as family, to anyone other than another agency 
                compiling statistical records or a government agency 
                involved in the disposition of criminal charges against 
                an individual runaway or homeless youth; and
                    ``(B) reports or other documents based on the 
                statistics described in paragraph (7) shall not 
                disclose the identity of any individual runaway or 
                homeless youth;'';
                    (F) in paragraph (9), as so redesignated, by 
                striking ``statistical summaries'' and inserting 
                ``statistics'';
                    (G) in paragraph (13)(C), as so redesignated--
                            (i) by striking clause (i) and inserting:
                            ``(i) the number and characteristics of 
                        runaway and homeless youth, and youth at risk 
                        of family separation, who participate in the 
                        project, including such information on--
                                    ``(I) such youth (including both 
                                types of such participating youth) who 
                                are victims of trafficking in persons 
                                or sexual exploitation, disaggregated 
                                by--
                                            ``(aa) such youth who have 
                                        been coerced or forced into a 
                                        commercial sex act, as defined 
                                        in section 103 of the 
                                        Trafficking Victims Protection 
                                        Act of 2000 (22 U.S.C. 7102);
                                            ``(bb) such youth who have 
                                        been coerced or forced into 
                                        other forms of labor; and
                                            ``(cc) such youth who have 
                                        engaged in a commercial sex 
                                        act, as so defined, for any 
                                        reason other than by coercion 
                                        or force;
                                    ``(II) such youth who are pregnant 
                                or parenting;
                                    ``(III) such youth who have been 
                                involved in the child welfare system; 
                                and
                                    ``(IV) such youth who have been 
                                involved in the juvenile justice 
                                system; and''; and
                            (ii) in clause (ii), by striking ``and'' at 
                        the end;
                    (H) in paragraph (14), as so redesignated, by 
                striking the period and inserting ``for natural 
                disasters, inclement weather, and mental health 
                emergencies;''; and
                    (I) by adding at the end the following:
            ``(15) shall provide age, gender, and culturally and 
        linguistically appropriate, to the extent practicable, services 
        to runaway and homeless youth; and
            ``(16) shall assist youth in completing the Free 
        Application for Federal Student Aid described in section 483 of 
        the Higher Education Act of 1965 (20 U.S.C. 1090).''; and
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``age, gender, and 
                        culturally and linguistically appropriate, to 
                        the extent practicable,'' after ``provide'';
                            (ii) by striking ``families (including 
                        unrelated individuals in the family households) 
                        of such youth'' and inserting ``families of 
                        such youth (including unrelated individuals in 
                        the family households of such youth and, if 
                        appropriate, individuals identified by such 
                        youth as family)''; and
                            (iii) by inserting ``suicide prevention,'' 
                        after ``physical health care,''; and
                    (B) in paragraph (4), by inserting ``, including 
                training on trauma-informed and youth-centered care'' 
                after ``home-based services''.
    (c) Approval of Applications.--Section 313(b) (34 U.S.C. 11213(b)) 
is amended--
            (1) by striking ``priority to'' and all that follows 
        through ``who'' and inserting ``priority to eligible applicants 
        who'';
            (2) by striking ``; and'' and inserting a period; and
            (3) by striking paragraph (2).

SEC. 5. TRANSITIONAL LIVING GRANT PROGRAM.

    Section 322(a) (34 U.S.C. 11222(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``age, gender, and culturally and 
                linguistically appropriate, to the extent 
                practicable,'' before ``information and counseling 
                services''; and
                    (B) by striking ``job attainment skills, and mental 
                and physical health care'' and inserting ``job 
                attainment skills, mental and physical health care, and 
                suicide prevention services'';
            (2) by redesignating paragraphs (3) through (8) and (9) 
        through (16) as paragraphs (5) through (10) and (12) through 
        (19), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) to provide counseling to homeless youth and to 
        encourage, if appropriate, the involvement in such counseling 
        of their parents or legal guardians, or (if appropriate) 
        individuals identified by such youth as family;
            ``(4) to provide aftercare services, if possible, to 
        homeless youth who have received shelter and services from a 
        transitional living youth project, including (to the extent 
        practicable) such youth who, after receiving such shelter and 
        services, relocate to a State other than the State in which 
        such project is located;'';
            (4) in paragraph (9), as so redesignated--
                    (A) by inserting ``age, gender, and culturally and 
                linguistically appropriate, to the extent 
                practicable,'' after ``referral of homeless youth to'';
                    (B) by striking ``and health care programs'' and 
                inserting ``mental health service and health care 
                programs, including programs providing wrap-around 
                services to victims of trafficking in persons or sexual 
                exploitation,''; and
                    (C) by striking ``such services for youths;'' and 
                inserting ``such programs described in this 
                paragraph;'';
            (5) by inserting after paragraph (10), as so redesignated, 
        the following:
            ``(11) to develop a plan to provide age, gender, and 
        culturally and linguistically appropriate services to the 
        extent practicable that address the needs of homeless and 
        street youth;'';
            (6) in paragraph (12), as so redesignated, by striking 
        ``the applicant and statistical'' and all that follows through 
        ``who participate in such project,'' and inserting ``the 
        applicant, statistical summaries describing the number, the 
        characteristics, and the demographic information of the 
        homeless youth who participate in such project, including the 
        prevalence of trafficking in persons and sexual exploitation of 
        such youth,''; and
            (7) in paragraph (19), as so redesignated, by inserting 
        ``regarding responses to natural disasters, inclement weather, 
        and mental health emergencies'' after ``management plan''.

SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.

    (a) Coordination.--Section 341 (34 U.S.C. 11241) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``safety, well-being,'' after ``health,''; and
            (2) in paragraph (2), by striking ``other Federal 
        entities'' and inserting ``the Department of Housing and Urban 
        Development, the Department of Education, the Department of 
        Labor, and the Department of Justice''.
    (b) Grants for Technical Assistance and Training.--Section 342 (34 
U.S.C. 11242) is amended by inserting ``, including onsite and web-
based techniques, such as on-demand and online learning,'' before ``to 
public and private entities''.
    (c) Grants for Research, Evaluation, Demonstration, and Service 
Projects.--Section 343 (34 U.S.C. 11243) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5)--
                            (i) in subparagraph (A), by inserting 
                        ``violence, trauma, and'' before ``sexual abuse 
                        and assault'';
                            (ii) in subparagraph (B), by striking 
                        ``sexual abuse and assault; and'' and inserting 
                        ``sexual abuse or assault, trafficking in 
                        persons, or sexual exploitation; or'';
                            (iii) in subparagraph (C)--
                                    (I) by striking ``who have been 
                                sexually victimized, including such 
                                youth who are victims of'' and 
                                inserting ``who are victims of sexual 
                                abuse or assault,''; and
                                    (II) by inserting ``, or sexual 
                                exploitation'' before the semicolon; 
                                and
                            (iv) by adding at the end the following:
                    ``(D) best practices for identifying and providing 
                age, gender, and culturally and linguistically 
                appropriate services to the extent practicable to--
                            ``(i) vulnerable and underserved youth 
                        populations; and
                            ``(ii) youth who are victims of trafficking 
                        in persons or sexual exploitation; and
                    ``(E) verifying youth as runaway or homeless to 
                complete the Free Application for Federal Student Aid 
                described in section 483 of the Higher Education Act of 
                1965 (20 U.S.C. 1090);'';
                    (B) in paragraph (9), by striking ``and'' at the 
                end;
                    (C) in paragraph (10), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(11) examining the intersection between the runaway and 
        homeless youth populations and trafficking in persons, 
        including noting whether such youth who are victims of 
        trafficking in persons were previously involved in the child 
        welfare or juvenile justice systems.''; and
            (2) in subsection (c)(2)(B), by inserting ``, including 
        such youth who are victims of trafficking in persons or sexual 
        exploitation'' after ``runaway or homeless youth''.
    (d) Periodic Estimate of Incidence and Prevalence of Youth 
Homelessness.--Section 345 (34 U.S.C. 11245) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``13'' and inserting 
                        ``12''; and
                            (ii) by striking ``and'' at the end;
                    (B) in paragraph (2), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) that includes demographic information about and 
        characteristics of runaway or homeless youth, including such 
        youth who are victims of trafficking in persons or sexual 
        exploitation; and
            ``(4) that does not disclose the identity of any runaway or 
        homeless youth.''; and
            (2) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``13'' and inserting ``12'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (D) by inserting after subparagraph (A) the 
                following:
                    ``(B) incidences, if any, of--
                            ``(i) such individuals who are victims of 
                        trafficking in persons; or
                            ``(ii) such individuals who are victims of 
                        sexual exploitation; and''; and
                    (E) in subparagraph (C), as so redesignated--
                            (i) in clause (ii), by striking ``; and'' 
                        and inserting ``, including mental health 
                        services;''; and
                            (ii) by adding at the end the following:
                            ``(iv) access to education and job 
                        training; and''.

SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.

    Section 351 (34 U.S.C. 11261) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``public and'' before 
                ``nonprofit''; and
                    (B) by striking ``prostitution,'' and inserting 
                ``violence,''; and
            (2) by adding at the end the following:
    ``(c) Eligibility Requirements.--To be eligible to receive a grant 
under subsection (a), an applicant shall certify to the Secretary that 
such applicant has systems in place to ensure that such applicant can 
provide age, gender, and culturally and linguistically appropriate, to 
the extent practicable, services to all youth described in subsection 
(a).''.

SEC. 8. GENERAL PROVISIONS.

    (a) Reports.--Section 382(a) (34 U.S.C. 11273(a)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) collecting data on trafficking in persons and 
                sexual exploitation of runaway and homeless youth;''; 
                and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) the number and characteristics of homeless 
                youth served by such projects, including--
                            ``(i) such youth who are victims of 
                        trafficking in persons or sexual exploitation;
                            ``(ii) such youth who are pregnant or 
                        parenting;
                            ``(iii) such youth who have been involved 
                        in the child welfare system; and
                            ``(iv) such youth who have been involved in 
                        the juvenile justice system;''; and
                    (B) in subparagraph (F), by striking ``intrafamily 
                problems'' and inserting ``problems within the family, 
                including (if appropriate) individuals identified by 
                such youth as family,''.
    (b) Nondiscrimination.--Part F is amended by inserting after 
section 386A (34 U.S.C. 11278) the following:

``SEC. 386B. NONDISCRIMINATION.

    ``(a) In General.--No person in the United States shall, on the 
basis of actual or perceived race, color, religion, national origin, 
sex, gender identity (as defined in section 249(c)(4) of title 18, 
United States Code), sexual orientation, or disability, be excluded 
from participation in, denied the benefits of, or subjected to 
discrimination under any program or activity receiving Federal 
financial assistance under title III of the Juvenile Justice and 
Delinquency Prevention Act of 1974.
    ``(b) Exception.--
            ``(1) Essential sex-segregated or sex-specific 
        programming.--If programming that is segregated by or specific 
        to sex is necessary to the essential operation of a program, 
        nothing in this section shall be construed to prevent the 
        entity carrying out any such program or activity from 
        consideration of an individual's sex.
            ``(2) Exceptions.--In such a circumstance, the entity may 
        meet the requirements of this section--
                    ``(A) by providing comparable services to 
                individuals who cannot be provided with the sex-
                segregated or sex-specific programming; or
                    ``(B) by providing sex-specific programming in 
                accordance with an approved application describing such 
                programming, for the grant, contract, or other 
                agreement involved.
    ``(c) Disqualification.--The authority provided for the Secretary 
to enforce this section shall be the same as the authority provided for 
the Secretary to enforce subsection (a) or (b) of section 654 of the 
Head Start Act (42 U.S.C. 9849). The procedures provided for review of 
an action to enforce this section shall be the same as the procedures 
provided for review of an action to enforce subsection (b) of that 
section.
    ``(d) Construction.--Nothing in this section shall be construed, 
interpreted, or applied to supplant, displace, preempt, or otherwise 
limit the responsibilities and liabilities under other Federal or State 
laws with respect to discrimination on a basis described in subsection 
(a).''.
    (c) Definitions.--Section 387 (34 U.S.C. 11279) is amended--
            (1) by redesignating paragraphs (1) through (6), and 
        paragraphs (7) and (8), as paragraphs (2) through (7), and 
        paragraphs (9) and (10), respectively;
            (2) by inserting before paragraph (2), the following:
            ``(1) Culturally and linguistically appropriate.--The term 
        `culturally and linguistically appropriate', with respect to 
        services, has the meaning given the term `culturally and 
        linguistically appropriate services' in the `National Standards 
        for Culturally and Linguistically Appropriate Services in 
        Health and Health Care', issued in April 2013, by the Office of 
        Minority Health of the Department of Health and Human 
        Services.'';
            (3) in paragraph (4)(A)(ii) (as so redesignated), by 
        striking ``and either'' and all that follows and inserting 
        ``but less than 25 years of age;'';
            (4) in paragraph (6)(B)(v) (as so redesignated)--
                    (A) by redesignating subclauses (II) through (IV) 
                as subclauses (III) through (V), respectively;
                    (B) by inserting after subclause (I), the 
                following:
                                    ``(II) trafficking in persons;'';
                    (C) in subclause (IV) (as so redesignated)--
                            (i) by striking ``diseases'' and inserting 
                        ``infections''; and
                            (ii) by striking ``and'' at the end;
                    (D) in subclause (V) (as so redesignated), by 
                striking the period and inserting ``; and''; and
                    (E) by adding at the end the following:
                                    ``(VI) suicide.'';
            (5) in paragraph (7)(B) (as so redesignated), by striking 
        ``prostitution,'' and inserting ``trafficking in persons,'';
            (6) by inserting after paragraph (7) (as so redesignated), 
        the following:
            ``(8) Trafficking in persons.--The term `trafficking in 
        persons' has the meaning given the term `severe forms of 
        trafficking in persons' in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102).'';
            (7) in paragraph (9) (as so redesignated)--
                    (A) by inserting ``to homeless youth'' after 
                ``provides''; and
                    (B) by inserting ``, to establish a stable family 
                or community supports,'' after ``self-sufficient 
                living''; and
            (8) in paragraph (10)(B) (as so redesignated)--
                    (A) in clause (ii)--
                            (i) by inserting ``or able'' after 
                        ``willing''; and
                            (ii) by striking ``or'' at the end;
                    (B) in clause (iii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iv) who is involved in the child welfare 
                        or juvenile justice system, but who is not 
                        receiving government-funded housing.''.
    (d) Authorization of Appropriations.--Section 388(a) (34 U.S.C. 
11280(a)) is amended--
            (1) in paragraph (1), by striking ``for fiscal year 2009,'' 
        and all that follows through the period and inserting ``for 
        each of fiscal years 2019 through 2023.'';
            (2) in paragraph (3)(B), by striking ``such sums as may be 
        necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.'' 
        and inserting ``$2,000,000 for each of fiscal years 2019 
        through 2023.''; and
            (3) in paragraph (4), by striking ``for fiscal year 2009'' 
        and all that follows through the period and inserting ``for 
        each of fiscal years 2019 through 2023.''.
                                 <all>