[Congressional Record Volume 161, Number 13 (Tuesday, January 27, 2015)]
[Senate]
[Pages S543-S546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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.''.
______
By Mr. INHOFE:
S. 261. A bill to designate the United States courthouse located at
200 NW 4th Street in Oklahoma City, Oklahoma, as the William J.
Holloway, Jr. United States Courthouse; to the Committee on Environment
and Public Works.
Mr. INHOFE. Mr. President, I am introducing a bill to name the
Federal courthouse serving the Western District of Oklahoma after the
late Judge William J. Holloway.
This legislation has the support of the judges on the Western
District, retired Judge Ralph Thompson who served on the bench in the
Western District for from 1975 to 2007, and many in the legal community
in the Western District of Oklahoma.
Judge Holloway was born in Hugo, OK, and his father was the eighth
governor of the State of Oklahoma. He served in the U.S. Army during
the height of World War II, received his law degree from Harvard
University in 1950, and worked in private practice with a 2-year stint
for the Department of Justice. President Lyndon Johnson nominated Judge
Holloway to the 10th Circuit in August 1968, and the Senate confirmed
him on September 13, 1968, where he served as chief judge from 1984 to
1991. Judge Holloway assumed senior status in May 1992 and passed away
April 25, 2014, in Oklahoma City.
Judge Holloway was the longest serving judge on the 10th Circuit, and
during his service, he authored over 900 opinions. He was well regarded
by all who worked with him, appeared before him, and knew him. I have
not found a person knowledgeable of Judge Holloway or his service who
could not unequivocally tell you that Judge Holloway adhered to
precedent when deciding cases. He did not proclaim any type of
philosophy. As new 10th Circuit Judge Robert Bacharach described Judge
Holloway, ``He simply decided cases by asking `What does the statute
say? What does the Constitution say? What are the facts of this case?''
We know that is a high standard, and a standard lost sometimes in our
judiciary.
When he passed away last year, 10th Circuit Judge Jerome Holmes said
of Judge Holloway, ``The nation has lost a thoughtful, dedicated, and
compassionate jurist, and, as a former law clerk of Judge Holloway, I
have lost a mentor, dear friend, and colleague. I know that Judge
Holloway was very honored to serve his nation as a judge on the Tenth
Circuit, and he served with great distinction.''
On behalf of Judge Holloway and his family, I introduce this bill in
his honor.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 261
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. WILLIAM J. HOLLOWAY, JR. UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse located at
200 NW 4th Street in Oklahoma City, Oklahoma, shall be known
and designated as the ``William J. Holloway, Jr. United
States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in subsection (a) shall
be deemed to be a reference to the ``William J. Holloway, Jr.
United States Courthouse''.
____
U.S. District Court,
Western District of Oklahoma,
Oklahoma City, Oklahoma, August 14, 2014.
Hon. James M. Inhofe,
U.S. Senate,
Washington, DC.
Dear Senator Inhofe: We are writing to respectfully request
that the United States Courthouse in Oklahoma City be named
the ``William J. Holloway, Jr. United States Courthouse.''
Judge Holloway died on April 25, 2014, at the age of 90. At
that time, he was the longest serving judge in the history of
the Tenth Circuit Court of Appeals, having served for over 45
years. During his remarkable tenure on the court, Judge
Holloway authored over 900 opinions and participated in the
decision of thousands more.
Judge Holloway was a kind, compassionate man who quietly
and diligently spent his lifetime working for justice. He did
so without fanfare, seeking only to fulfill the great
responsibility given to him. Though Judge Holloway is
deceased, we can think of no more noble name for our
courthouse than the ``William J. Holloway, Jr. United States
Courthouse.'' He embodied every trait that all federal judges
should strive to achieve.
This request is made by every federal judge in Oklahoma
City. Please do not hesitate to contact any of us if you have
any questions about our request.
Yours very truly,
Jerome A. Holmes, U.S. Circuit Judge; Vicki Miles-
LaGrange, Chief U.S. District Judge; Robert E.
Bacharach, U.S. Circuit Judge; Robin J. Cauthron, U.S.
District Judge; Stephen P. Friot, U.S. District Judge;
Timothy D. DeGiusti, U.S. District Judge; David L.
Russell, Senior U.S. District Judge; Gary M. Purcell,
Chief U.S. Magistrate Judge; Suzanne Mitchell, U.S.
Magistrate Judge; Sarah Hall, Chief U.S. Bankruptcy
Judge; Joe Heaton, U.S. District Judge; Lee R. West,
Senior U.S. District Judge; Tim Leonard, Senior U.S.
District Judge; Shon T. Erwin, U.S. Magistrate Judge;
Charles B. Goodwin, U.S. Magistrate Judge; Niles L.
Jackson, U.S. Bankruptcy Judge.
______
By Mr. LEAHY (for himself, Ms. Collins, Ms. Ayotte, and Mr.
Booker):
S. 262. A bill to reauthorize the Runaway and Homeless Youth Act, and
for other purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am proud today to introduce the Leahy-
Collins Runaway and Homeless Youth and Trafficking Prevention Act. It
is deplorable that in the wealthiest country in the world, 1.6 million
teenagers live on the streets because they have no home. We know that
those who do not have a safe place to sleep at night are particularly
vulnerable to being exploited and trafficked. A recent study found that
nearly one in four homeless young people have been victims of
trafficking or sexual exploitation. We often talk about human
trafficking as an international problem, but the sad truth is that it
is a major problem right here at home. It is time we provide the
resources to help protect our children from this very real threat.
The Runaway Youth Act, first signed into law in 1974, has proven
essential to providing the basic services and resources that runaway
and homeless youth need, and our continued support is vital. Thirty-
nine percent of the homeless population is under the age of 18, and the
average age at which a teen becomes homeless is 14.7 years old. Think
about that. The average teen living on the streets is not even old
enough to drive. These young people represent our country's future and
its optimism, and as a father and a grandfather, I believe that we must
do more to address the needs of the 1.6 million homeless youth in our
country.
Teens run away and become homeless for myriad reasons. A U.S.
Department
[[Page S545]]
of Health and Human Services study found that 46 percent of homeless
youth had run away because of physical abuse and 17 percent because of
sexual abuse. Nearly 40 percent of homeless youth identify as LGBT and
report leaving home because of a lack of acceptance. By including a new
provision that prohibits grantees from denying services based on the
sexual orientation or gender identity of the homeless youth, this bill
takes important new steps to make sure that we are meeting the needs of
this growing and particularly vulnerable population. No young person
should be turned away from these essential services.
We have made great strides in recent years in our efforts to combat
human trafficking. Most recently, we reauthorized the comprehensive
Trafficking Victims Protection Act, a bipartisan bill I introduced and
was proud to see enacted as part of the Leahy-Crapo Violence Against
Women Reauthorization Act. And last year, we saw historic levels of
funding for victims of trafficking, an urgently needed increase that I
was proud to support as the most senior member of the Appropriations
Committee. But we must not forget the importance of investing in
prevention efforts as well, and I was disappointed that Congress failed
to pass the bipartisan Runaway and Homeless Youth and Trafficking
Prevention Act. If we are to make a real difference to end modern day
slavery, we must protect those who are most vulnerable and prevent the
exploitation in the first place. We cannot simply focus on ending
demand and arrest our way out of this problem; we must eliminate the
conditions that make these children so vulnerable. That means investing
in stable housing and support services for more kids in need; we are
not doing enough. I hope that we can finally enact this meaningful bill
in 2015.
In addition to the dangers of human trafficking, homeless youth are
at greater risk of suicide, unintended pregnancy, and substance abuse.
They are less likely to finish school, more likely to enter our
juvenile justice system, and are often ill-equipped to find a job. The
services authorized by this bill are designed to intervene early and
encourage the development of successful, productive young adults.
I have heard from dozens of service providers from across the
country, including in my home state of Vermont, that these programs
work. I am proud to say that last year, 95 percent of youth receiving
services from the Vermont Coalition for Runaway and Homeless Youth
Programs were able to exit to a safe living situation upon their
completion of programming. Without the programs funded through the
Runaway and Homeless Youth Act, hundreds of thousands of children would
be left on the street and vulnerable to exploitation. Congress has an
opportunity to respond in a meaningful and historic way.
I thank Senators Collins, Booker, and Ayotte for working with me on
this legislation and for joining me as original cosponsors. We have the
chance to make a real difference by passing the Runway and Homeless
Youth and Trafficking Prevention Act. Every day we wait is another
night too many children are sleeping on the streets.
______
By Mr. REID (for himself and Mr. Wyden):
S. 271. A bill to amend title 10, United States Code, to permit
certain retired members of the uniformed services who have a service-
connected disability to receive both disability compensation from the
Department of Veterans Affairs for their disability and either retired
pay by reason of their years of military service or Combat-Related
Special Compensation, and for other purposes; to the Committee on Armed
Services.
Mr. REID. Mr. President, I rise today on behalf of our Nation's
veterans to once again discuss the unjust and outdated policy of
failing to give our veterans the full military retirement and veterans
disability compensation benefits that they have earned in their service
to the Nation. Full payment of retirement and disability benefits,
together known as ``concurrent receipt,'' is an issue that I have
strongly advocated for more than a decade.
In the past, veterans were prevented from receiving the full pay and
benefits they earned in dedicated service to our country. The law
required that military retirement pay be reduced dollar-for-dollar by
the amount of any disability compensation a veteran received. I am
pleased to say that many Senators have joined me in fighting this
policy, and we have made some progress on behalf of our Nation's
veterans
In 2003, Congress passed legislation that allowed disabled retired
veterans with at least a 50 percent disability rating to become
eligible for full concurrent receipt benefits by 2013. In 2004, the 10-
year phase-in period was eliminated for veterans with 100 percent
service-related disability. With the phase-in period now complete, I am
deeply gratified that all those veterans with over 50 percent
disability ratings are now receiving the full benefits they earned from
their service. These are significant victories that put hundreds of
thousands of veterans on track to receive both their retirement and
disability benefits. However, many more of our veterans remain unjustly
impacted by the denial of concurrent receipt.
For me, this is a simple matter of fairness. There is no reason to
deny a veteran who has served their country honorably the right to the
full value of their retirement pay simply because their service also
resulted in a disability that affects them each and every day for the
rest of their lives. Unfortunately, that is exactly what the current
law does. This legislation will bring that indefensible practice to an
end.
This is not a partisan issue. Our Nation has been at war for over a
decade, through both Republican and Democratic administrations, and our
service members have performed with unmatched valor around the world.
Our utmost duty as lawmakers should be to ensure that the brave men and
women who served in the United States Armed Forces receive the benefits
they have earned.
So once again, I rise on behalf of our Nation's veterans. Today, I
introduce legislation that will eliminate all limitations to concurrent
receipt. We must take action now to support our veterans who have never
faltered in their unwavering service to this grateful Nation. This is
the right thing to do.
I hope my Senate colleagues will join me in supporting 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. 271
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 ``Retired Pay Restoration Act
of 2015''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR CERTAIN
MILITARY RETIREES WITH COMPENSABLE SERVICE-
CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking
paragraph (2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent
or less or has a service-connected disability rated as zero
percent, $0.''.
(b) Clerical Amendments.--
(1) The heading of section 1414 of such title is amended to
read as follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2016, and shall apply to
payments for months beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of
title 10, United States Code, as amended by section 2(a), is
amended--
[[Page S546]]
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b)
of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2016, and shall apply to
payments for months beginning on or after that date.
____________________