[Congressional Record Volume 161, Number 13 (Tuesday, January 27, 2015)]
[Senate]
[Pages S543-S544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Portman):
  S. 256. A bill to amend the definition of ``homeless person'' under 
the McKinney-Vento Homeless Assistance Act to include certain homeless 
children and youth, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce bipartisan 
legislation with my colleague Senator Portman that would expand the 
definition of ``homeless'' used by the U.S. Department of Housing and 
Urban Development, HUD, to ensure all homeless children and families 
are considered eligible for existing Federal homeless assistance 
programs. This change in the definition would be in alignment with what 
is already currently used by the U.S. Department of Education.
  According to the U.S. Department of Education, approximately 1.2 
million children were homeless during the 2012-2013 school year, which 
accounts fora 6 percent increase from the 1,166,436 homeless students 
enrolled in the 2011-2012 school year.
  In California, 259,656 children experienced homelessness last year. 
This increase is nearly four times the 65,000 homeless children that 
were reported in California in 2003.
  Unfortunately, the numbers reported by the HUD ``Point-in-Time 
Count'' fail to accurately reflect the upward trend in homeless 
families.
  According to the 2013 HUD ``Point-in-Time Count,'' there were only 
222,197 people counted as homeless in households that included 
children, a fraction of the number reported by the Department of 
Education.
  This issue is important because only those children and their 
families counted by HUD are eligible for vital homeless assistance 
programs. The rest of these children and families are simply out of 
luck and are turned away by providers that do not want to be 
reprimanded for not following HUD regulations.
  The Homeless Children and Youth Act of 2015 would expand the homeless 
definition to allow HUD funded homeless assistance programs to serve 
extremely vulnerable children and families, specifically those staying 
in self-paid motels or in doubled up situations because they have 
nowhere else to go.
  These families are especially susceptible to physical and sexual 
abuse, trafficking, and neglect because they are often not served by a 
case manager, and thus remain hidden from potential social service 
providers.
  As a result of the current narrow HUD definition, communities that 
receive federal funding through the discretionary grant process are 
unable to prioritize or direct resources to help these children and 
families.
  This bill would provide communities with the flexibility to use 
federal funds to meet local priorities.
  I would also like to note that this legislation comes at no 
additional cost to taxpayers and does not impose any new mandates on 
service providers.
  Finally, this legislation improves data collection transparency by 
requiring HUD to report data on homeless individuals and families 
currently recorded under the existing Homeless Management Information 
System survey.
  I am pleased that Senator Rob Portman (R-OH) has joined me as an 
original cosponsor on this bill.
  Homelessness continues to plague our Nation. If we fail to address 
the needs of these children and families today, they will remain 
invisible and stuck in a cycle of poverty and chronic homelessness.
  It is our responsibility to ensure that we do not erect more barriers 
for these children and families to access services when they are 
experiencing extreme hardship. I believe this bill is a commonsense 
solution that will ensure that homeless families and children can 
receive the help they need.
  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. 256

       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 2015''.

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

       The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 
     et seq.) is amended--
       (1) in section 103--
       (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 that 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) unaccompanied youth and homeless families with 
     children and youth defined as homeless under other Federal 
     statutes who--
       ``(A) are certified as homeless by the director or designee 
     of a director of a program funded under any other Federal 
     statute; or
       ``(B) have been certified by a director or designee of a 
     director of a program funded under this Act or a director or 
     designee of a director of a public housing agency as lacking 
     a fixed, regular, and adequate nighttime residence, which 
     shall include--
       ``(i) temporarily sharing the housing of another person due 
     to loss of housing, economic hardship, or other similar 
     reason; or
       ``(ii) living in a room in a motel or hotel.''; and
       (B) by adding at the end the following:
       ``(f) Other Definitions.--In this section--
       ``(1) the term `other Federal statute' has the meaning 
     given that term in section 401; and
       ``(2) the term `public housing agency' means an agency 
     described in section 3(b)(6) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437a(b)(6)).'';
       (2) in section 401--
       (A) in paragraph (1)(C)--
       (i) by striking clause (iv); and
       (ii) by redesignating clauses (v), (vi), and (vii) as 
     clauses (iv), (v), and (vi);
       (B) in paragraph (7)--
       (i) by striking ``Federal statute other than this 
     subtitle'' and inserting ``other Federal statute''; and
       (ii) by inserting ``of'' before ``this Act'';
       (C) by redesignating paragraphs (14) through (33) as 
     paragraphs (15) through (34), respectively; and
       (D) by inserting after paragraph (13) the following:
       ``(14) 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) subtitle N of the Violence Against Women Act of 1994 
     (42 U.S.C. 14043e et seq.);
       ``(D) section 330(h) of the Public Health Service Act (42 
     U.S.C. 254b(h));
       ``(E) section 17 of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786);
       ``(F) the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.); and
       ``(G) subtitle B of title VII of this Act.'';
       (3) by inserting after section 408 the following:

     ``SEC. 409. AVAILABILITY OF HMIS REPORT.

       ``(a) In General.--The information provided to the 
     Secretary under section 402(f)(3) shall be made publically 
     available on the Internet website of the Department of 
     Housing and Urban Development in aggregate, non-personally 
     identifying reports.
       ``(b) Required Data.--Each report made 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 individuals and 
     families experiencing homelessness;
       ``(2) a cumulative assessment of the patterns of assistance 
     provided under subtitles B and C for the each geographic area 
     involved; and
       ``(3) a count of the number of individuals and families 
     experiencing homelessness that are documented through the 
     HMIS by each collaborative applicant.'';
       (4) in section 422--
       (A) in subsection (a)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(2) Restriction.--In awarding grants under paragraph (1), 
     the Secretary may not consider or prioritize the specific 
     homeless

[[Page S544]]

     populations intended to be served by the applicant if the 
     applicant demonstrates that the project--
       ``(A) would meet the priorities identified in the plan 
     submitted under section 427(b)(1)(B); and
       ``(B) is cost-effective in meeting the overall goals and 
     objectives identified in that plan.''; and
       (B) by striking subsection (j);
       (5) in section 424(d), by striking paragraph (5);
       (6) in section 427(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) in clause (iii), by adding ``and'' at the end;
       (II) in clause (iv)(VI), by striking ``and'' at the end; 
     and
       (III) by striking clause (v);

       (iii) in subparagraph (E), by adding ``and'' at the end;
       (iv) by striking subparagraph (F); and
       (v) by redesignating subparagraph (G) as subparagraph (F); 
     and
       (B) by striking paragraph (3); and
       (7) by amending section 433 to read as follows:

     ``SEC. 433. 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; and
       ``(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; and
       ``(B) data on programs funded under any other Federal 
     statute, as such term is defined in section 401.
       ``(b) Timing.--A report under subsection (a) shall be 
     submitted not later than 4 months after the end of each 
     fiscal year.''.
                                 ______