[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5221 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5221

 To amend the McKinney-Vento Homeless Assistance Act to meet the needs 
 of homeless children, youth, and families, and honor the assessments 
                  and priorities of local communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2023

  Ms. Sherrill (for herself, Mr. Posey, Mr. Bacon, Mrs. Ramirez, Mr. 
   Veasey, Mr. Fitzpatrick, Ms. Dean of Pennsylvania, Mr. Kim of New 
   Jersey, Ms. Bonamici, Ms. Scanlon, and Mr. Carson) introduced the 
   following bill; which was referred to the Committee on Financial 
    Services, and in addition to the Committee on Education and the 
 Workforce, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the McKinney-Vento Homeless Assistance Act to meet the needs 
 of homeless children, youth, and families, and honor the assessments 
                  and priorities of local communities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeless Children and Youth Act of 
2023''.

SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

    (a) In General.--The McKinney-Vento Homeless Assistance Act is 
amended--
            (1) in section 103 (42 U.S.C. 11302)--
                    (A) in subsection (a)--
                            (i) in paragraph (5)(A)--
                                    (I) by striking ``are sharing'' and 
                                all that follows through ``charitable 
                                organizations,'';
                                    (II) by striking ``14 days'' each 
                                place such term appears and inserting 
                                ``30 days'';
                                    (III) in clause (i), by inserting 
                                ``or'' after the semicolon;
                                    (IV) by striking clause (ii); and
                                    (V) by redesignating clause (iii) 
                                as clause (ii); and
                            (ii) by amending paragraph (6) to read as 
                        follows:
            ``(6) a child or youth defined as homeless under any other 
        Federal program who, without further action by the Department 
        of Housing and Urban Development, has been verified as homeless 
        under any other Federal program by the director, designee of 
        the director, or other person responsible for the 
        implementation of a program established under this Act or any 
        other Federal statute.''; and
                    (B) by adding at the end the following:
    ``(f) Other Definitions.--In this section--
            ``(1) the term `child or youth defined as homeless under 
        any other Federal program' has the meaning given the term in 
        section 401; and
            ``(2) the term `other Federal statute' has the meaning 
        given the term in section 401.
    ``(g) Rule of Construction.--If the Secretary of Housing and Urban 
Development promulgates rules, issues guidance, or sets forth 
conditions in any application, notice of funding availability, or other 
publication or advisory regarding the provisions of this Act, the 
Secretary shall ensure that--
            ``(1) any individual defined as `homeless' under section 
        103 is eligible for any program or program component under this 
        Act; and
            ``(2) all individuals defined as `homeless' under 
        subsection (a) proposed to be served by an applicant, and all 
        proposed program components or housing or service models, are 
        given the same priority, points, or weight.'';
            (2) in section 401 (42 U.S.C. 11360)--
                    (A) in paragraph (1)(C)--
                            (i) by striking clauses (ii) and (iv);
                            (ii) by redesignating clauses (iii), (v), 
                        (vi), and (vii) as clauses (ii), (iii), (iv), 
                        and (v), respectively; and
                            (iii) by striking the flush text following 
                        clause (v), as so redesignated;
                    (B) in paragraph (2)(A)--
                            (i) in clause (i), by striking ``and 
                        lives'' and all that follows through 
                        ``shelter'' and inserting ``under any provision 
                        of section 103'';
                            (ii) in clause (ii), by striking ``and 
                        living or residing in a place not meant for 
                        human habitation, a safe haven, or in an 
                        emergency shelter continuously'' and inserting 
                        ``under any provision of section 103''; and
                            (iii) in clause (iii)--
                                    (I) by striking ``(or a minor head 
                                of household if no adult is present in 
                                the household)'' and inserting ``or a 
                                minor head of household (if no adult is 
                                present in the household),''; and
                                    (II) by inserting before the period 
                                at the end the following: ``, or has a 
                                child with a disability, as such term 
                                is defined in section 602 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1401), or an infant or 
                                toddler with a disability, as such term 
                                is defined in section 632 of such Act 
                                (20 U.S.C. 1432)'';
                    (C) by striking paragraph (7);
                    (D) by redesignating paragraphs (2) through (6) as 
                paragraphs (3) through (7), respectively;
                    (E) by inserting after paragraph (1) the following:
            ``(2) Child or youth defined as homeless under any other 
        federal program.--The term `child or youth defined as homeless 
        under any other Federal program' means--
                    ``(A) a homeless child or youth, as defined in 
                section 725, including any parent or guardian with whom 
                the child or youth is living; and
                    ``(B) a youth who--
                            ``(i) is not more than 24 years of age;
                            ``(ii) cannot live safely with a parent, 
                        legal guardian, or relative; and
                            ``(iii) has no other safe alternative 
                        living arrangement.'';
                    (F) in paragraph (10)(A), by inserting ``any 
                provision of'' before ``section 103'';
                    (G) by redesignating paragraphs (16) through (35) 
                as paragraphs (17) through (36), respectively;
                    (H) by inserting after paragraph (15) the 
                following:
            ``(16) Other federal statute.--The term `other Federal 
        statute' includes--
                    ``(A) the Runaway and Homeless Youth Act (42 U.S.C. 
                5701 et seq.);
                    ``(B) the Head Start Act (42 U.S.C. 9831 et seq.);
                    ``(C) the Child Care and Development Block Grant of 
                1990 (42 U.S.C. 9858 et seq.);
                    ``(D) subtitle N of the Violence Against Women Act 
                of 1994 (42 U.S.C. 14043e et seq.);
                    ``(E) section 330(h) of the Public Health Service 
                Act (42 U.S.C. 254b(h));
                    ``(F) section 17 of the Child Nutrition Act of 1966 
                (42 U.S.C. 1786);
                    ``(G) the Higher Education Act of 1965 (20 U.S.C. 
                1001 et seq.); and
                    ``(H) the United States Housing Act of 1937 (42 
                U.S.C. 1437 et seq.).'';
                    (I) in paragraph (34), as so redesignated, by 
                inserting ``children under 5 years of age, youth and 
                young adults between 14 and 24 years of age,'' after 
                ``status, or age),'';
                    (J) in paragraph (35), as so redesignated, by 
                inserting ``trafficking,'' after ``victims of''; and
                    (K) in paragraph (36), as so redesignated--
                            (i) by inserting ``victims of 
                        trafficking,'' after ``assist'';
                            (ii) by striking ``stalking victims'' and 
                        inserting ``stalking''; and
                            (iii) by inserting ``trafficking,'' after 
                        ``concerning'';
            (3) in section 402(f) (42 U.S.C. 11360a(f))--
                    (A) in paragraph (1)(B), by inserting ``considering 
                the prevalence and needs of homeless individuals, as 
                defined under any provision of section 103'' after 
                ``involved''; and
                    (B) in paragraph (3)(D)--
                            (i) in clause (v), by striking ``and'' at 
                        the end;
                            (ii) by redesignating clause (vi) as clause 
                        (vii); and
                            (iii) by inserting after clause (v) the 
                        following:
                            ``(vi) the submission of HMIS data to the 
                        Secretary on at least an annual basis; and'';
            (4) by inserting after section 408 (42 U.S.C. 11364) the 
        following:

``SEC. 409. AVAILABILITY OF HMIS DATA.

    ``(a) In General.--The community-wide homeless management 
information system (in this section referred to as `HMIS') data 
provided to the Secretary under section 402(f)(3)(D)(vi) shall be made 
publically available on the internet website of the Department of 
Housing and Urban Development.
    ``(b) Required Data.--The data publically available under 
subsection (a) shall be updated on at least an annual basis and shall 
include--
            ``(1) a cumulative count of the number of homeless 
        individuals and families, as defined under any provision of 
        section 103;
            ``(2) a cumulative assessment of the patterns of assistance 
        provided under subtitles B and C for each geographic area 
        involved;
            ``(3) a count of the number of homeless individuals and 
        families, as defined under any provision of section 103, that 
        are documented through the HMIS by each collaborative 
        applicant; and
            ``(4) a count of the number of homeless women, as defined 
        under any provision of section 103 and both unaccompanied and 
        accompanied, including a breakout of the count by--
                    ``(A) age range;
                    ``(B) disability; and
                    ``(C) length of time experiencing homelessness.'';
            (5) in section 422 (42 U.S.C. 11382)--
                    (A) in subsection (c)(1)(B), by striking 
                ``establish'' and inserting ``demonstrate local, needs-
                based''; and
                    (B) by striking subsection (j) and inserting the 
                following:
    ``(j) Rule of Construction.--In awarding grants under subsection 
(a) and releasing a notification of funding availability under 
subsection (b), the Secretary shall--
            ``(1) without further action by the Department, ensure that 
        any individual defined as `homeless' under any provision of 
        section 103 is eligible for any program or program component 
        under this Act;
            ``(2) ensure that homeless populations proposed to be 
        served by the applicant, and proposed program components or 
        housing or service models, are not awarded different priority, 
        points, or weight; and
            ``(3) ensure that scoring is based primarily on the extent 
        to which the applicant demonstrates that the project and 
        program components--
                    ``(A) would meet the priorities identified in the 
                plan submitted under section 427(b)(1)(B); and
                    ``(B) are cost-effective in meeting the overall 
                goals and objectives identified in that plan.'';
            (6) in section 424(d) (42 U.S.C. 11384(d)), by striking 
        paragraph (5);
            (7) in section 425(c) (42 U.S.C. 11385(c)), by striking 
        ``and (G) providing'' and inserting ``(G) providing 
        transportation to employment, early care and education 
        programs, career and technical education programs, and health 
        and mental health care services, and (H) providing'';
            (8) in section 426(b) (42 U.S.C. 11386(b))--
                    (A) in paragraph (4), by amending subparagraph (D) 
                to read as follows:
                    ``(D) in the case of programs providing housing or 
                services to families or youth, they will designate a 
                staff person to be responsible for ensuring that 
                children and youth being served in the program are--
                            ``(i) enrolled in school and connected to 
                        appropriate services in the community, 
                        including Head Start, part C of the Individuals 
                        with Disabilities Act, programs authorized 
                        under the Child Care and Development Block 
                        Grant Act of 1990, career and technical 
                        education, and services provided by local 
                        educational agency liaisons designated under 
                        subtitle B of title VII of this Act; and
                            ``(ii) in the case of an unaccompanied 
                        youth, as defined in section 725, informed of 
                        their status as an independent student under 
                        section 480 of the Higher Education Act of 1965 
                        (20 U.S.C. 1087vv) and receive verification of 
                        such status for purposes of the Free 
                        Application for Federal Student Aid described 
                        in section 483 of such Act (20 U.S.C. 1090); 
                        and'';
                    (B) in paragraph (6), by inserting ``the actual 
                compliance with the certifications required under 
                paragraph (4) and'' after ``Secretary''; and
                    (C) in paragraph (7)--
                            (i) by inserting ``and youth'' after 
                        ``needs of children'';
                            (ii) by inserting ``or unaccompanied 
                        youth'' after ``when families'';
                            (iii) by inserting ``and unaccompanied 
                        youth'' after ``with children''; and
                            (iv) by striking ``such children's'' and 
                        inserting ``such children and youth's'';
            (9) in section 427(b) (42 U.S.C. 11386a(b))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (vi), by adding 
                                ``and'' at the end;
                                    (II) in clause (vii), by striking 
                                ``and'' at the end; and
                                    (III) by striking clause (viii);
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (iii) to 
                                read as follows:
                            ``(iii) how the recipient will collaborate 
                        with local educational agencies, early care and 
                        education programs, and institutions of higher 
                        education to assist in the identification of 
                        and services to youth and families who become 
                        or remain homeless, including the steps the 
                        recipient will take to inform youth and 
                        families of their eligibility for services 
                        under part B of subtitle VII of this Act, the 
                        Head Start Act (42 U.S.C. 9831 et seq.), the 
                        Child Care and Development Block Grant Act of 
                        1990 (42 U.S.C. 9858 et seq.), and the Higher 
                        Education Act of 1965 (20 U.S.C. 1001 et 
                        seq.);''; and
                                    (II) by striking clause (v) and 
                                inserting the following:
                            ``(v) how the recipient will ensure the 
                        full implementation of the certifications and 
                        agreements described in paragraphs (4)(D) and 
                        (7) of section 426(b);'';
                            (iii) in subparagraph (C)(i), by inserting 
                        ``and appropriate'' after ``rapid''; and
                            (iv) by striking subparagraphs (F) and (G) 
                        and inserting the following:
                    ``(F) for communities that establish and operate a 
                centralized or coordinated assessment system, the 
                extent to which that system--
                            ``(i) ensures that individuals who are most 
                        in need of assistance receive it in a timely 
                        manner;
                            ``(ii) in assessing need under clause (i), 
                        uses separate, specific, age-appropriate 
                        criteria for assessing the safety and needs of 
                        children under 5 years of age, school-age 
                        children, unaccompanied youth and young adults 
                        between 14 and 24 years of age, and families 
                        that are unrelated to the criteria through 
                        which an individual qualifies as `homeless' 
                        under section 103;
                            ``(iii) is accessible to unaccompanied 
                        youth and homeless families;
                            ``(iv) diverts individuals to safe, stable, 
                        age-appropriate accommodations; and
                            ``(v) includes affordable housing 
                        developers, youth service providers, early 
                        childhood programs, local educational agencies, 
                        and mental health organizations; and
                    ``(G) such other factors as the Secretary 
                determines to be appropriate to carry out this subtitle 
                in an effective and efficient manner, except that such 
                factors may not have the effect of prioritizing or 
                weighting, unless justified by local data or 
                information contained in a plan submitted under 
                subparagraph (B)--
                            ``(i) any service with respect to a 
                        specific subpopulation of homeless individuals 
                        over another; or
                            ``(ii) any program component or housing or 
                        service model over another.''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Homelessness counts.--The Secretary shall require 
        that communities that conduct an annual count of homeless 
        people shall count all homeless individuals identified and 
        reported by any program funded under any provision of this Act 
        or any other Federal statute (as such term is defined in 
        section 401 (42 U.S.C. 11360)).'';
            (10) in section 428 (42 U.S.C. 11386b)--
                    (A) in subsection (a)(1)--
                            (i) by striking ``disabilities and'' and 
                        inserting ``disabilities,''; and
                            (ii) by inserting ``, and homeless families 
                        where a child has a disability'' before the 
                        period at the end;
                    (B) in subsection (d)--
                            (i) in paragraph (1), by inserting 
                        ``promoting'' before ``independent''; and
                            (ii) by striking paragraphs (2) and (3) and 
                        inserting the following:
            ``(2) Prohibition.--The Secretary shall not provide bonuses 
        or other incentives under paragraph (1) that have the effect of 
        prioritizing or weighting, unless justified by local data or 
        information contained in a plan submitted under section 
        427(b)(1)(B)--
                    ``(A) any service with respect to a specific 
                subpopulation of homeless individuals over another; or
                    ``(B) any program component or housing or service 
                model over another.
            ``(3) Rule of construction.--For purposes of this 
        subsection, activities that have been proven to be effective at 
        reducing homelessness generally or reducing homelessness for a 
        specific subpopulation include any activity determined by the 
        Secretary, after providing notice and an opportunity for public 
        comment, to have been proven effective at--
                    ``(A) reducing homelessness generally;
                    ``(B) reducing homelessness for a specific 
                subpopulation;
                    ``(C) reducing homelessness in a community for 
                populations overrepresented in any counts conducted in 
                that community under section 427(b)(3); or
                    ``(D) achieving homeless prevention, reducing 
                recidivism, and promoting self-sufficiency and 
                independent living.
            ``(4) Encouraging local success and innovation.--In 
        providing bonuses or incentives under paragraph (1), the 
        Secretary shall seek to encourage the implementation of proven 
        strategies and innovation in reducing homelessness among the 
        local priority populations identified in the plan submitted by 
        an applicant under section 427(b)(1)(B). The Secretary shall 
        not implement bonuses or incentives that promote a national 
        priority established by the Secretary.''; and
                    (C) by striking subsection (e); and
            (11) by amending section 434 (42 U.S.C. 11388) to read as 
        follows:

``SEC. 434. REPORTS TO CONGRESS.

    ``(a) In General.--The Secretary shall submit to Congress an annual 
report, which shall--
            ``(1) summarize the activities carried out under this 
        subtitle and set forth the findings, conclusions, and 
        recommendations of the Secretary as a result of the activities;
            ``(2) include, for the year preceding the date on which the 
        report is submitted--
                    ``(A) data required to be made publically available 
                in the report under section 409;
                    ``(B) data on programs funded under any other 
                Federal statute; and
            ``(3) provide information on--
                    ``(A) the extent to which the data collected under 
                section 427(b)(3) may be duplicative; and
                    ``(B) the policies and practices employed to 
                account for such duplication, where applicable, to 
                ensure an accurate point-in-time count.
    ``(b) Timing.--A report under subsection (a) shall be submitted not 
later than 4 months after the end of each fiscal year.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 note) is amended by inserting after the item relating to section 
408 the following:

``Sec. 409. Availability of HMIS data.''.
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