[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3795-S3798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Specter):
  S. 2982. A bill to amend the Runaway and Homeless Youth Act to 
authorize appropriations, and for other purposes; to the Committee on 
the Judiciary.
  Mr. LEAHY. Mr. President, today, I am pleased to introduce the 
bipartisan Runaway and Homeless Youth Protection Act of 2008 along with 
Senator Specter, the ranking Republican on the Judiciary Committee. 
This legislation would reauthorize and improve the Runaway and Homeless 
Youth Act, RHYA. The programs authorized during the past 30 years by 
the RHYA have consistently proven critical to protecting and giving 
hope to our Nation's runaway and homeless youth.
  The prevalence of homelessness among young people in America is 
shockingly high. The problem is not limited to large cities. Its impact 
is felt strongly in smaller communities and rural areas as well. It 
affects our young people directly and reverberates throughout our 
families and communities. That this problem continues in the richest 
country in the world means that we need to redouble our commitment and 
our efforts to safeguard our Nation's youth. We need to support the 
dedicated people in communities across the country who work to address 
these problems every day.
  On April 29, the Senate Judiciary Committee held a hearing to focus 
the Senate's attention on these problems and to identify and develop 
solutions to protect runaway and homeless youth. It was the first 
Senate hearing on these matters in more than a decade. We heard from a 
distinguished panel of witnesses, some of whom spoke firsthand about 
the significant challenges that young people face when they have 
nowhere to go.
  Our witnesses demonstrated that young people can overcome harrowing 
obstacles and create new opportunities when given the chance. One 
witness went from living as a homeless youth in his teens to earning 
two Oscar nominations as a distinguished actor. Another witness is 
working with homeless youth at the same Vermont organization that 
enabled him to stop living on the streets and is on his way to great 
things. Our witness panel gave useful and insightful suggestions on how 
to improve the Runaway and Homeless Youth Act to make it more 
effective. We have included many of these recommendations in our bill.
  The Justice Department estimated that 1.7 million young people either 
ran away from home or were thrown out of their homes in 1999. Another 
study suggested a number closer to 2.8 million in 2002. Whether the 
true number is one million or five million, young people become 
homeless for a number of reasons, ranging from abandonment to running 
away from an abusive home to having no place to go after being released 
from state care. An estimated 40 to 60 percent of homeless children are 
expected to experience physical abuse, and 17 to 35 percent experience 
sexual abuse while on the

[[Page S3796]]

street, according to a report by the Department of Health and Human 
Services. Homeless youth are also at greater risk of mental health 
problems. While many receive vital services in their communities, 
others remain a hidden population, on the streets of our big cities and 
in rural areas like Vermont.
  The Runaway and Homeless Youth Act is the way in which the Federal 
Government helps communities across the country protect some of our 
most vulnerable children. It was first passed the year I was elected to 
the Senate. We have reauthorized it several times since then, and 
working with Senator Specter and Senators on both sides of the aisle, I 
hope that we will do so again this year. While some have tried to end 
these programs, a bipartisan coalition has worked to preserve and 
continue the good that is accomplished through them. I remember Senator 
Specter's efforts early in his Senate career to preserve these programs 
when he chaired the Judiciary Committee's Subcommittee on Juvenile 
Justice. The Runaway and Homeless Youth Act and the programs it funds 
provide a safety net that helps give young people a chance to build 
lives for themselves, and helps reunite youngsters with their families. 
Given the increasingly difficult economic conditions being experienced 
by so many families around the country, it is time to recommit 
ourselves to these principles and programs.
  Under the Runaway and Homeless Youth Act, every State receives a 
Basic Center grant to provide housing and crisis services for runaway 
and homeless youth and their families. Community-based groups around 
the country can also apply for funding through the Transitional Living 
Program and the Sexual Abuse Prevention/Street Outreach grant program. 
The transitional living program grants are used to provide longer-term 
housing to homeless youth between the ages of 16 and 21, and to help 
them become self-sufficient. The outreach grants are used to target 
youth susceptible to engaging in high-risk behaviors while living on 
the street.
  Our bill makes improvements to the Runaway and Homeless Youth Act 
reauthorizations of past years. It doubles funding for States by 
instituting a minimum of $200,000, which will allow states to better 
meet the diverse needs of their communities. This bill also requires 
the Department of Health and Human Services to develop performance 
standards for grantees. Providing program guidelines would level the 
playing field for bidders, ensure consistency among providers, and 
increase the effectiveness of the services under the Runaway and 
Homeless Youth Act. In addition, our legislation develops an incidence 
study to better estimate the number of runaway and homeless youth and 
to identify trends. The incidence study would provide more accurate 
estimates of the runaway and homeless youth population and would help 
lawmakers make better policy decisions and allow communities to provide 
better outreach.
  In my home State of Vermont, the Vermont Coalition for Runaway and 
Homeless Youth, the New England Network for Child, Youth, and Family 
Services, and Spectrum Youth and Family Services in Burlington all 
receive grants under these programs and have provided excellent 
services. In one recent year, the street outreach programs in Vermont 
served nearly 10,000 young people.
  The overwhelming need for services is not limited to any one state or 
community. Many transitional living programs are forced to turn away 
young people seeking shelter. We heard testimony of an exemplary 
program within blocks of our nation's Capitol that has a waiting list 
as long as a year. This is unacceptable. The needs in our communities 
are real, and reauthorizing the law will allow these programs to expand 
their enormously important work.
  These topics are difficult but deserve our attention. Finding 
solutions to this growing problem is an effort we can all support. I 
thank Senator Specter for joining with me and urge all Senators to 
support prompt passage of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2982

       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 
     Protection Act''.

     SEC. 2. FINDINGS.

       Section 302 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5701) is amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), 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 a 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. 3. BASIC CENTER PROGRAM.

       (a) Services Provided.--Section 311 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5711) is amended--
       (1) in subsection (a)(2)(B), by striking clause (i) and 
     inserting the following:
       ``(i) safe and appropriate shelter provided for not to 
     exceed 21 days; and''; and
       (2) in subsection (b)(2)--
       (A) by striking ``$100,000'' and inserting ``$200,000'';
       (B) by striking ``$45,000'' and inserting ``$70,000''; and
       (C) by adding at the end the following: ``Whenever the 
     Secretary determines that any part of the amount allotted 
     under paragraph (1) to a State for a fiscal year will not be 
     obligated before the end of the fiscal year, the Secretary 
     shall reallot such part to the remaining States for 
     obligation for the 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.''.

     SEC. 4. 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'' and inserting ``by 
     contract''; and
       (B) by striking ``services'' the first place it appears and 
     inserting ``provide, directly or indirectly, services,'';
       (2) in paragraph (2), by striking ``a continuous period not 
     to exceed 540 days, except that'' and all that follows and 
     inserting the following: ``a continuous period not to exceed 
     635 days, except that a youth in a program under this part 
     who has not reached 18 years of age on the last day of the 
     635-day period may, if otherwise qualified for the program, 
     remain in the program until the earlier of the youth's 18th 
     birthday or the 180th day after the end of the 635-day 
     period;'';
       (3) in paragraph (14), by striking ``and'' at the end;
       (4) in 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. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND 
                   SERVICE PROJECTS.

       Section 343 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5714-23) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``give special consideration to'' and inserting 
     ``prioritize'';
       (B) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) positive youth development service delivery methods, 
     providing links to community services, promoting mental and 
     physical health development, enabling youth to obtain and 
     maintain housing after program completion, and developing 
     self-sufficiency competencies;''
       (2) in subsection (c)--
       (A) by inserting ``for eligibility and selection'' after 
     ``priority'';
       (B) by striking ``shall give'' and inserting the following: 
     ``shall--''
       ``(A) give'';
       (C) by striking the period and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(B) ensure that the applicants selected--
       ``(i) are geographically representative of regions of the 
     United States; and
       ``(ii) carry out projects that serve diverse populations of 
     homeless youth.''.

     SEC. 6. 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:

[[Page S3797]]

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

       ``(a) Periodic Estimate.--Not later than 2 years after the 
     date of enactment of the Runaway and Homeless Youth 
     Protection Act, 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 that--
       ``(1) contains an estimate, obtained by using the best 
     quantitative and qualitative social science research methods 
     available, of the incidence and prevalence of runaway and 
     homeless individuals who are not less than 13 years of age 
     but less than 26 years of age; and
       ``(2) 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 
     but less than 26 years of age to determine past and current--
       ``(A) socioeconomic characteristics of such individuals; 
     and
       ``(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; and
       ``(2) such other information as 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 
     agreement 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. 7. SEXUAL ABUSE PREVENTION PROGRAM.

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

     SEC. 8. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

       The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) 
     is amended--
       (1) by redesignating part F as part G; and
       (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 through 
     grants or contracts, 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) increasing awareness of individuals of all ages, 
     socioeconomic backgrounds, and geographic locations, of the 
     issues facing runaway and homeless youth (including youth 
     considering running away); and
       ``(2) encouraging parents and guardians, educators, health 
     care professionals, social service professionals, law 
     enforcement officials, stakeholders, and other community 
     members to assist youth described in paragraph (1) in 
     averting or resolving runaway and homeless situations.
       ``(b) Use of Funds.--Amounts made available to carry out 
     this section for the national awareness campaign may only be 
     used for the following:
       ``(1) Dissemination of educational information and 
     materials through various media, including television, radio, 
     the Internet and related technologies, and emerging 
     technologies.
       ``(2) Evaluation of the effectiveness of the activities 
     described in paragraphs (1) and (5).
       ``(3) Development of partnerships with national 
     organizations concerned with youth homelessness, community-
     based youth service organizations, including faith-based 
     organizations, and government organizations to carry out the 
     national awareness campaign.
       ``(4) Conducting outreach activities to stakeholders and 
     potential stakeholders in the national awareness campaign.
       ``(5) In accordance with applicable laws (including 
     regulations), development and placement in telecommunications 
     media (including the Internet and related technologies, and 
     emerging technologies) of public service announcements that 
     educate the public on--
       ``(A) the issues facing runaway and homeless youth 
     (including youth considering running away); and
       ``(B) the opportunities that adults have to assist youth 
     described in subparagraph (A).
       ``(c) Prohibitions.--None of the amounts made available to 
     carry out this section may be obligated or expended for any 
     of the following:
       ``(1) To fund public service time that supplants pro bono 
     public service time donated by national or local broadcasting 
     networks, advertising agencies, or production companies for 
     the national awareness campaign, or to fund activities that 
     supplant pro bono work for the national awareness campaign.
       ``(2) To carry out partisan political purposes, or express 
     advocacy in support of or opposition to any clearly 
     identified candidate, clearly identified ballot initiative, 
     or clearly identified legislative or regulatory proposal.
       ``(3) To fund advertising that features any elected 
     official, person seeking elected office, cabinet level 
     official, or other Federal employee employed pursuant to 
     section 213.3301 or 213.3302 of title 5, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling).
       ``(4) To fund advertising that does not contain a primary 
     message intended to educate the public on the issues and 
     opportunities described in subsection (b)(5).
       ``(5) To fund advertising that solicits contributions from 
     both public and private sources to support the national 
     awareness campaign.
       ``(d) Financial and Performance Accountability.--The 
     Secretary shall cause to be performed--
       ``(1) audits and examinations of records, relating to the 
     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) audits 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 382(a) a summary of information about 
     the national awareness campaign that describes--
       ``(1) the strategy of the national awareness campaign and 
     whether specific objectives of the campaign were 
     accomplished;
       ``(2) steps taken to ensure that the national awareness 
     campaign operated in an effective and efficient manner 
     consistent with the overall strategy and focus of the 
     national awareness campaign; and
       ``(3) all grants or contracts entered into with a 
     corporation, partnership, or individual working on the 
     national awareness campaign.''.

     SEC. 9. CONFORMING AMENDMENTS.

       (a) Reports.--Section 382(a) of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5715(a)) is amended by striking ``, and 
     E'' and inserting ``, E, and F''.
       (b) Consolidated Review.--Section 385 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5731a) is amended by striking 
     ``, and E'' and inserting ``, E, and F''.
       (c) Evaluation and Information.--Section 386(a) of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5732(a)) is amended 
     by striking ``, or E'' and inserting ``, E, or F''.

     SEC. 10. PERFORMANCE STANDARDS.

       Part G of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714a et seq.), as redesignated by section 8, is amended by 
     inserting after section 386 the following:

     ``SEC. 386A. PERFORMANCE STANDARDS.

       ``(a) Establishment of Performance Standards.--Not later 
     than 1 year after the date of enactment of the Runaway and 
     Homeless Youth Protection Act, the Secretary shall issue 
     rules that specify performance standards 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 private entities that 
     receive grants under this title, including statewide and 
     regional nonprofit organizations (including 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) Implementation of Performance Standards.--The 
     Secretary shall integrate the performance standards into the 
     processes of the Department of Health and Human Services for 
     grantmaking, monitoring, and evaluation for programs under 
     parts A, B, and E.''.

     SEC. 11. APPEALS.

       Part G of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714a et seq.) as amended by section 10, is further amended 
     by inserting after section 386A the following:

     ``SEC. 386B. APPEALS.

       ``(a) Establishment of Appeal Procedure.--Not later than 6 
     months after the date of enactment of the Runaway and 
     Homeless Youth Protection Act, the Secretary shall establish 
     by rule an appeal procedure to enable applicants to obtain 
     timely reviews of the amounts of grants made, and the denials 
     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, including statewide and 
     regional nonprofit organizations (including combinations of 
     such organizations) that receive grants under this title, and 
     national nonprofit organizations concerned with youth 
     homelessness, in developing the appeal procedure required by 
     subsection (a).''.

     SEC. 12. DEFINITIONS.

       (a) Homeless Youth.--Section 387(3) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5732a(3)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``The'' and all that follows through ``means'' and inserting 
     ``The term `homeless', used with respect to a youth, means''; 
     and
       (2) in subparagraph (A)(ii), by striking ``not less than 16 
     years of age'' and inserting ``not less than 16 years of age 
     and not more than 21 years of age, except that nothing in 
     this clause shall prevent a participant who enters the 
     program carried out under part B prior to reaching 22 years 
     of age from being

[[Page S3798]]

     eligible for the 635-day length of stay authorized by section 
     322(a)(2); and''.
       (b) Runaway Youth.--Section 387 of the 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', used with respect 
     to a youth, means an individual who is less than 18 years of 
     age and who absents himself or herself from home or a place 
     of legal residence without the permission of a parent or 
     legal guardian.''.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       Section 388(a) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5751(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized'';
       (B) by striking ``part E) $105,000,000 for fiscal year 
     2004'' and inserting ``parts E and F) $150,000,000 for fiscal 
     year 2009''; and
       (C) by striking ``2005, 2006, 2007, and 2008'' and 
     inserting ``2010, 2011, 2012, and 2013''; and
       (2) in paragraph (4)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized''; and
       (B) 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''; and
       (3) by adding at the end the following:
       ``(5) Part f.--There is authorized to be appropriated to 
     carry out part F $3,000,000 for fiscal year 2009 and such 
     sums as may be necessary for fiscal years 2010, 2011, 2012, 
     and 2013.''.
                                 ______