[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.''.
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