U.S. Congress - Text of H.R.3409 as Introduced in House Place to Call Home Act
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To create the conditions, structures, and supports needed to ensure permanency for the Nation's unaccompanied youth, and for other purposes.
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HR 3409 IHCommentsClose CommentsPermalink
To create the conditions, structures, and supports needed to ensure permanency for the Nation's unaccompanied youth, and for other purposes.CommentsClose CommentsPermalink
August 3, 2007
Mr. HINOJOSA (for himself, Ms. CARSON, Mr. PAYNE, Mr. GRIJALVA, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. DELAURO, Mrs. CHRISTENSEN, Ms. BERKLEY, Mr. AL GREEN of Texas, Mr. STARK, Mr. HOLT, Mrs. DAVIS of California, and Mr. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Energy and Commerce, Financial Services, and the Judiciary, 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 concernedCommentsClose CommentsPermalink
To create the conditions, structures, and supports needed to ensure permanency for the Nation's unaccompanied youth, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Place to Call Home Act'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Findings; purpose.CommentsClose CommentsPermalink
TITLE I--PREVENTION OF UNACCOMPANIED SITUATIONS AMONG YOUTH
Subtitle A--Reduction of Family Stressors Contributing to Unaccompanied Situations Among Youth
Sec. 101. Child abuse prevention and treatment programs.CommentsClose CommentsPermalink
Sec. 102. Increase in funding for the promoting safe and stable families program.CommentsClose CommentsPermalink
Sec. 103. Parental and youth substance abuse and mental illness.CommentsClose CommentsPermalink
Sec. 104. Curtailment of involuntary separation of children from their families.CommentsClose CommentsPermalink
Subtitle B--Equal Protection of Youth in Child Welfare System
Sec. 111. Expanded eligibility for foster care and adoption assistance.CommentsClose CommentsPermalink
Sec. 112. Kinship guardianship assistance payments.CommentsClose CommentsPermalink
Sec. 113. Flexibility to establish separate standards for relative foster family homes.CommentsClose CommentsPermalink
Sec. 114. Application of standards to all children.CommentsClose CommentsPermalink
Sec. 115. Eligibility for foster care maintenance payments and adoption assistance payments through age 20.CommentsClose CommentsPermalink
Sec. 116. Youth access to the child welfare system.CommentsClose CommentsPermalink
Subtitle C--Reduction of Youth Institutional Discharge Into Homelessness
Sec. 121. Discharge from child welfare system.CommentsClose CommentsPermalink
Sec. 122. Receipt of certain juvenile justice formula grant funds conditioned on States' policies to ensure appropriate housing for juveniles released into the community and to reduce rates of runaways.CommentsClose CommentsPermalink
Sec. 123. Discharge planning from private and public inpatient health facilities required for purposes of certain Substance Abuse and Mental Health programs and the Medicaid program.CommentsClose CommentsPermalink
TITLE II--YOUTH EMERGENCY AND TRANSITIONAL HOUSING
Subtitle A--Runaway and Homeless Youth Act Programs
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Findings.CommentsClose CommentsPermalink
Sec. 203. Basic center program.CommentsClose CommentsPermalink
Sec. 204. Renovation.CommentsClose CommentsPermalink
Sec. 205. Transitional living grant program.CommentsClose CommentsPermalink
Sec. 206. Coordinating, training, research, and other activities.CommentsClose CommentsPermalink
Sec. 207. Report.CommentsClose CommentsPermalink
Sec. 208. National homeless youth awareness campaign.CommentsClose CommentsPermalink
Sec. 209. Grants for research evaluation, demonstration, and service projects.CommentsClose CommentsPermalink
Sec. 210. Sexual abuse prevention program.CommentsClose CommentsPermalink
Sec. 211. Performance standards.CommentsClose CommentsPermalink
Sec. 212. Appeals.CommentsClose CommentsPermalink
Sec. 213. Definition.CommentsClose CommentsPermalink
Sec. 214. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 215. Loan forgiveness for runaway and homeless youth workers.CommentsClose CommentsPermalink
Subtitle B--HUD McKinney-Vento Programs
Sec. 221. Definition of homeless individual.CommentsClose CommentsPermalink
Sec. 222. Eligibility of activities to provide family support services under emergency shelter grants program .CommentsClose CommentsPermalink
Sec. 223. Eligibility of family strengthening projects to prevent youth homelessness under supportive housing program.CommentsClose CommentsPermalink
Subtitle C--John H. Chafee Foster Care Independence Program
Sec. 231. John H. Chafee Foster Care Independence Program.CommentsClose CommentsPermalink
Subtitle D--Youth Offender Reentry Grants Program
Sec. 241. Establishment of program.CommentsClose CommentsPermalink
Sec. 242. Applications.CommentsClose CommentsPermalink
Sec. 243. Allotments to states.CommentsClose CommentsPermalink
Sec. 244. Use of funds.CommentsClose CommentsPermalink
Sec. 245. Penalties.CommentsClose CommentsPermalink
Sec. 246. Data collection and performance measurement.CommentsClose CommentsPermalink
Sec. 247. Evaluations.CommentsClose CommentsPermalink
Sec. 248. Limitations on authorization of appropriations.CommentsClose CommentsPermalink
Sec. 249. Educational and training vouchers.CommentsClose CommentsPermalink
Subtitle E--Transitional Housing Program for Youth Victims of Commercial Sexual Exploitation
Sec. 251. Transitional housing assistance for youth victims of commercial sexual exploitation.CommentsClose CommentsPermalink
TITLE III--YOUTH ACCESS TO SUPPORTIVE SERVICES
Sec. 301. Work Opportunity Credit.CommentsClose CommentsPermalink
Sec. 302. Unaccompanied youth access to Workforce Investment Activities.CommentsClose CommentsPermalink
Sec. 303. Unaccompanied youth access to public health services.CommentsClose CommentsPermalink
Sec. 304. Enhanced youth access to medical assistance under Medicaid.CommentsClose CommentsPermalink
TITLE IV--YOUTH ACCESS TO ELEMENTARY AND SECONDARY EDUCATION
Sec. 401. Increased access to 21st Century Community Learning Centers.CommentsClose CommentsPermalink
Sec. 402. Education for homeless children and youths.CommentsClose CommentsPermalink
Sec. 403. Grants to increase student attendance.CommentsClose CommentsPermalink
TITLE V--YOUTH ACCESS TO POSTSECONDARY EDUCATION
Sec. 501. Sense of Congress with respect to access to health care by minors at least 13 years of age.CommentsClose CommentsPermalink
Sec. 502. Financial assistance for disconnected students.CommentsClose CommentsPermalink
Sec. 503. Federal early outreach and student services programs for disconnected students.CommentsClose CommentsPermalink
Sec. 504. Projects to increase enrollment and success of disconnected students in postsecondary education.CommentsClose CommentsPermalink
Sec. 505. Continual access to student housing for homeless youth.CommentsClose CommentsPermalink
TITLE VI--YOUTH PERMANENT HOUSING
Sec. 601. Housing choice vouchers for rental assistance for homeless youth.CommentsClose CommentsPermalink
Sec. 602. Family unification vouchers for transitioning foster care youth.CommentsClose CommentsPermalink
Sec. 603. Inclusion of youth in housing plans.CommentsClose CommentsPermalink
Sec. 604. Sense of Congress regarding right of minors to enter into contracts for necessities.CommentsClose CommentsPermalink
Sec. 605. Transitional housing assistance for youth victims of commercial sexual exploitation.CommentsClose CommentsPermalink
Sec. 606. GAO study of housing assistance for low-income youth.CommentsClose CommentsPermalink
TITLE VII--YOUNG FAMILY CONCERNS
Sec. 701. TANF State plan amendment.CommentsClose CommentsPermalink
Sec. 702. Adult-supervised living arrangements.CommentsClose CommentsPermalink
Sec. 703. Suspension of time limit for young adult parent involved in education or training.CommentsClose CommentsPermalink
Sec. 704. Transitional compliance.CommentsClose CommentsPermalink
Sec. 705. Sanction protections for minor parents.CommentsClose CommentsPermalink
Sec. 706. Teen parent study and report.CommentsClose CommentsPermalink
Sec. 707. Amendment to Child Care and Development Block Grant Act of 1990.CommentsClose CommentsPermalink
TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH
Sec. 801. Definitions.CommentsClose CommentsPermalink
Subtitle A--Custody, Release, Family Reunification, and Detention
Sec. 811. Procedures when encountering unaccompanied alien children.CommentsClose CommentsPermalink
Sec. 812. Family reunification for unaccompanied alien children with relatives in the United States.CommentsClose CommentsPermalink
Sec. 813. Appropriate conditions for detention of unaccompanied alien children.CommentsClose CommentsPermalink
Sec. 814. Repatriated unaccompanied alien children.CommentsClose CommentsPermalink
Sec. 815. Establishing the age of an unaccompanied alien child.CommentsClose CommentsPermalink
Sec. 816. Effective date.CommentsClose CommentsPermalink
Subtitle B--Access by Unaccompanied Alien Children to Child Advocates and Counsel
Sec. 821. Child advocates.CommentsClose CommentsPermalink
Sec. 822. Counsel.CommentsClose CommentsPermalink
Sec. 823. Preservation of law enforcement authority.CommentsClose CommentsPermalink
Sec. 824. Effective date; applicability.CommentsClose CommentsPermalink
Subtitle C--Strengthening Policies for Permanent Protection of Alien Children
Sec. 831. Special immigrant juvenile classification.CommentsClose CommentsPermalink
Sec. 832. Training for officials and certain private parties who come into contact with unaccompanied alien children.CommentsClose CommentsPermalink
Sec. 833. Report.CommentsClose CommentsPermalink
Sec. 834. Effective date.CommentsClose CommentsPermalink
Subtitle D--Children Refugee and Asylum Seekers
Sec. 841. Guidelines for Children's Asylum Claims.CommentsClose CommentsPermalink
Sec. 842. Unaccompanied refugee children.CommentsClose CommentsPermalink
Sec. 843. Exceptions for unaccompanied alien children in asylum and refugee-like circumstances.CommentsClose CommentsPermalink
Subtitle E--Authorization of Appropriations
Sec. 851. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle F--Amendments to the Homeland Security Act of 2002
Sec. 861. Additional responsibilities and powers of the Office of Refugee Resettlement with respect to unaccompanied alien children.CommentsClose CommentsPermalink
Sec. 862. Technical corrections.CommentsClose CommentsPermalink
Sec. 863. Effective date.CommentsClose CommentsPermalink
TITLE IX--JUVENILE STATUS OFFENDERS
Sec. 901. Deinstitutionalization of status offenders.CommentsClose CommentsPermalink
SEC. 3. FINDINGS; PURPOSE.
(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink
(1) Preventing and ending unaccompanied situations among the Nation's youth is a family, community, State, and national concern.CommentsClose CommentsPermalink
(2) The population of unaccompanied youth includes individuals who are not more than age 18 and who are not in the physical custody of a parent or legal guardian, and individuals not less than age 18 and not more than age 25 who are experiencing homelessness.CommentsClose CommentsPermalink
(3) The prevalence of unaccompanied situations among youth in the Nation is staggering, with studies suggesting that between 1,600,000 and 2,800,000 unaccompanied young people experience homelessness each year.CommentsClose CommentsPermalink
(4) Running away from home or from custodial institutions is widespread, with 1 out of every 7 children in the United States running away before the age of 18.CommentsClose CommentsPermalink
(5) Youth who end up on the streets or in emergency shelters are those who have been left or evicted from their homes by their families due to severe family conflict, an adult family member's substance abuse or mental illness, violence in the household, the youth's sexual orientation, the youth's pregnant or parenting status, or the youth's delinquent behavior; who have been physically, sexually, or emotionally abused at home; who have been separated from their families for economic reasons, including the whole family's homelessness; who have been discharged by State custodial systems without adequate transition plans; who have lost their parents through death, incarceration, or divorce; and who are young adults with incomes that are too low to secure their basic needs.CommentsClose CommentsPermalink
(6) The future well-being of the Nation is dependent on the value placed on all young people, including youth in unaccompanied situations, and the opportunities provided for youth to acquire the knowledge, skills, and abilities necessary to develop into safe, healthy, and productive adults.CommentsClose CommentsPermalink
(7) Many of the supports and services needed to prevent and end unaccompanied situations among youth are also important for assisting domiciled youth in high risk situations and for strengthening fragile families.CommentsClose CommentsPermalink
(8) It is imperative that the United States Government and the States provide unaccompanied youth and youth in high risk situations with the supports and services they need to prevent and end unaccompanied situations.CommentsClose CommentsPermalink
(9) The Nation's unaccompanied youth deserve permanency, which is understood to include a lasting connection to loving families, caring adults, and supportive peers; a safe place to live; and the possession of skills and resources necessary for a life of physical and mental wellness, continuous asset-building, dignity, and joy.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the Act is to create the conditions, structures, and supports needed to ensure permanency for the Nation's unaccompanied youth.CommentsClose CommentsPermalink
TITLE I--PREVENTION OF UNACCOMPANIED SITUATIONS AMONG YOUTH
Subtitle A--Reduction of Family Stressors Contributing to Unaccompanied Situations Among Youth
SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT PROGRAMS.
(a) Advisory Board on Child Abuse and Neglect- Section 102(c) of the Child Abuse Prevention and Treatment Act (
(1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink
`(8) organizations with expertise in runaway and homeless children and youth;'.CommentsClose CommentsPermalink
(b) Discretionary Grants- Section 105(b) of such Act (
(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
`(5) Programs and projects to preserve, support or reunify families in which a child or youth member is a runaway, homeless, or street youth or at high risk of becoming a runaway, homeless, or street youth.'.CommentsClose CommentsPermalink
(c) General Program Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 112(a)(1) of such Act (
(A) by striking `2004' and inserting `2009'; andCommentsClose CommentsPermalink
(B) by striking `2005 through 2008' and inserting `2010 through 2013'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on September 30, 2008.CommentsClose CommentsPermalink
(d) Community-Based Grants Program Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 210 of such Act (
(A) by striking `2004' and inserting `2009'; andCommentsClose CommentsPermalink
(B) by striking `2005 through 2008' and inserting `2010 through 2013'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on September 30, 2008.CommentsClose CommentsPermalink
SEC. 102. INCREASE IN FUNDING FOR THE PROMOTING SAFE AND STABLE FAMILIES PROGRAM.
Section 436(a) of the Social Security Act (42 U.C.S. 629f(a)) is amended by striking `$345,000,000' and inserting `$505,000,000'.CommentsClose CommentsPermalink
SEC. 103. PARENTAL AND YOUTH SUBSTANCE ABUSE AND MENTAL ILLNESS.
(a) Substance Abuse Prevention and Treatment Performance Partnership Block Grant Program- Section 1935(a) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $2,500,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(b) Priority Substance Abuse Treatment Needs of Regional and National Significance- Section 509(f) of the Public Health Service Act (
(1) by striking `and such sums' and inserting `, such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $350,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(c) Priority Substance Abuse Prevention Needs of Regional and National Significance- Section 516(f) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $350,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(d) Block Grants for Community Mental Health Services- Section 1920(a) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $500,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(e) Priority Mental Health Needs of Regional and National Significance- Section 520A(f)(1) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $350,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(f) Grants for Strengthening Families- Section 519A(j) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `$20,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
SEC. 104. CURTAILMENT OF INVOLUNTARY SEPARATION OF CHILDREN FROM THEIR FAMILIES.
(a) Condition on Receipt of Federal Foster Care or Adoption Assistance Funds That State Not Place a Child in Foster Care Because the Child's Family Is Homeless or Living in Substandard Housing- Section 471(a) of the Social Security Act (
(1) by striking `and' at the end of paragraph (26);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (27) and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(28) provide that the State shall have in effect such laws and procedures as are necessary to ensure that--CommentsClose CommentsPermalink
`(A) a child may not be placed in foster care under the responsibility of the State solely because the family with which the child is living is homeless (as defined in paragraph (2) of section 725 of the McKinney-Vento Homeless Assistance Act (
`(B) the State will work with the family and State housing authorities to secure permanent housing for any family that includes a minor child and is homeless or at risk of becoming homeless.'.CommentsClose CommentsPermalink
(b) State Demonstration Grants for Family Violence Services- Section 303(a)(2) of the Family Violence Prevention and Services Act (
(1) by redesignating subparagraph (G) as subparagraph (H); andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink
`(G) provide documentation that procedures have been developed and implemented regarding admission to shelters whereby child and youth members of a family or household unit are permitted to remain with the whole family or household unit; and'.CommentsClose CommentsPermalink
(c) Shelter Programs-CommentsClose CommentsPermalink
(1) FEMA EMERGENCY FOOD AND SHELTER GRANTS PROGRAM-CommentsClose CommentsPermalink
(A) PURPOSES OF GRANTS- Section 313(b)(1) of the McKinney-Vento Homeless Assistance Act (
(B) PROGRAM GUIDELINES- Subsection (a) of section 316 of the McKinney-Vento Homeless Assistance Act (
(i) in paragraph (5), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) in paragraph (6), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new paragraph :CommentsClose CommentsPermalink
`(7) guidelines prohibiting any private nonprofit organization and local government carrying out a local emergency food and shelter program with amounts provided under this subtitle from excluding, from admission into any family shelter provided in connection with the program, any family or household on the basis that such family or household includes any minor, unless the organization or government provides such assurances, as the National Board shall require, that an appropriate alternative living arrangement for the whole family or household unit has been secured.'.CommentsClose CommentsPermalink
(2) HUD HOMELESS PROGRAMS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (
`SEC. 403. PROHIBITION OF INVOLUNTARY SEPARATION OF YOUTH FROM THEIR FAMILIES.
`In the case of any housing or shelter for families provided using any amounts from a grant under this title, no family or household may be excluded from admission into such housing or shelter on the basis that such family or household includes any minor, unless the State or local government, private nonprofit organization, or other entity administering such housing or shelter provides such assurances, as the Secretary shall by regulation require, that an appropriate alternative living arrangement for the whole family or household unit has been secured.'.CommentsClose CommentsPermalink
(B) EMERGENCY SHELTER GRANTS PROGRAM- Section 415(c)of the McKinney-Vento Homeless Assistance Act (
(i) in subparagraph (6), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) in paragraph (7), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(8) it will, in the case of assistance involving solely activities described in paragraphs (2) and (3) of section 414(a), develop and implement procedures regarding admission to the family emergency shelter whereby child and youth members of a family or household unit are permitted to remain with the whole family or household unit.'.CommentsClose CommentsPermalink
(d) Protecting Household Members Without Records From Federal One-Strike Eviction and Screening Laws-CommentsClose CommentsPermalink
(1) PUBLIC HOUSING LEASE PROVISIONS REQUIRING EVICTION FOR CRIMINAL ACTIVITY- Paragraph (6) of section 6(l) of the United States Housing Act of 1937 (
(2) PUBLIC HOUSING LEASE PROVISIONS REGARDING FUGITIVE FELONS AND PAROLE VIOLATORS- Paragraph (9) of section 6(l) of the United States Housing Act of 1937 (
(A) by redesignating the provision following subparagraph (A) (designated as paragraph (2) and relating to violating a condition of probation or parole) as subparagraph (B) and realigning such provision so that the left margin is aligned with the left margin of subparagraph (A); andCommentsClose CommentsPermalink
(B) in the matter after and below subparagraph (B) (as so redesignated by subparagraph (A) of this paragraph), by adding at the end the following: `Notwithstanding any other provision of this paragraph, an owner or manager shall bifurcate a lease under this subsection or remove a household member from a lease under this subsection, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who is fleeing to avoid prosecution, or custody or confinement after conviction or violating a condition of probation or parole, without evicting, removing, terminating occupancy rights, terminating assistance to, or otherwise penalizing other household members.'.CommentsClose CommentsPermalink
(3) SECTION 8 LEASE TERMS REQUIRING EVICTION FOR CRIMINAL ACTIVITY- Clause (iii) of section 8(d)(1)(B) of the United States Housing Act of 1937 (
(4) SECTION 8 LEASE TERMS REGARDING FUGITIVE FELONS AND PAROLE VIOLATORS- Clause (v) of section 8(d)(1)(B) of the United States Housing Act of 1937 (
(A) by realigning such clause so that the left margin is aligned with the left margin of clause (iv); andCommentsClose CommentsPermalink
(B) by inserting after and below subclause (II) the following:CommentsClose CommentsPermalink
`Notwithstanding any other provision of this clause, an owner or manager shall bifurcate a lease under this subparagraph or remove a household member from a lease under this subparagraph, without regard to whether a household member is a signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who is fleeing to avoid prosecution, custody or confinement after conviction or violating a condition of probation or parole, without evicting, removing, terminating occupancy rights, terminating assistance to, or otherwise penalizing other household members.'.CommentsClose CommentsPermalink
(5) VOUCHER PROGRAM LEASE TERMS REQUIRING EVICTION FOR CRIMINAL ACTIVITY- Subparagraph (D) of section 8(o)(7) of the United States Housing Act of 1937 (
(6) INELIGIBILITY OF ILLEGAL DRUG USERS AND ALCOHOL ABUSERS- Paragraph (1) of section 576(b) of the Quality Housing and Work Responsibility Act of 1998 is amended by striking `for any household with a member' and inserting `of any household member'.CommentsClose CommentsPermalink
(7) AUTHORITY TO DENY ADMISSION TO CRIMINAL OFFENDERS- Paragraph (1) of section 576(c) of the Quality Housing and Work Responsibility Act of 1998 is amended by striking `such applicant' and inserting `the member of the applicant's household who was engaging in such activity'.CommentsClose CommentsPermalink
(8) INELIGIBILITY OF DANGEROUS SEX OFFENDERS- Subsection (a) of section 578 of the Quality Housing and Work Responsibility Act of 1998 (
`(a) In General- Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing of any individual who is subject to a lifetime registration requirement under a State sex offender registration program.'.CommentsClose CommentsPermalink
Subtitle B--Equal Protection of Youth in Child Welfare System
SEC. 111. EXPANDED ELIGIBILITY FOR FOSTER CARE AND ADOPTION ASSISTANCE.
(a) Foster Care-CommentsClose CommentsPermalink
(1) ELIMINATION OF INCOME ELIGIBILITY REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Section 472(a) of the Social Security Act (
(i) in paragraph (1), by striking `--' and all that follows and inserting `the removal and foster care placement met, and continues to meet the requirements of paragraph (2).'; andCommentsClose CommentsPermalink
(ii) by striking paragraphs (3) and (4).CommentsClose CommentsPermalink
(B) CONFORMING AMENDMENT- Section 470 of such Act (
(2) FOSTER CARE MAINTENANCE PAYMENTS MATCH RATE- Section 474 of such Act (
(A) in subsection (a)(1), by inserting `, subject to subsection (g)(1)' before the semicolon; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(g)(1)(A) The Secretary shall reduce the percentage by which expenditures referred to in subsection (a)(1) are reimbursed, by such equal percentage for all States as may be necessary to ensure that--CommentsClose CommentsPermalink
`(i) the ratio, for any calendar quarter, of the total of the amounts payable to States under such subsection to the total of all amounts expended by the States as foster care maintenance payments (whether or not eligible for reimbursement under this part), excluding any expenditure made from other funds provided by the Federal Government or from State funds with respect to which matching funds are provided by the Federal Government; equalsCommentsClose CommentsPermalink
`(ii) the average such ratio for the 12 quarters most recently preceding the effective date of this subsection.CommentsClose CommentsPermalink
`(B) The Secretary shall establish procedures to allow States to submit to the Secretary supplemental claims for reimbursement of expenditures referred to in subsection (a)(1) incurred during the 3-year period beginning with the effective date of this subsection.CommentsClose CommentsPermalink
`(C) The Secretary shall pay a claim submitted pursuant to subparagraph (B) with respect to an expenditure, to the extent that, in the absence of this paragraph, an amount would be payable under this part with respect to the expenditure.CommentsClose CommentsPermalink
`(D) For each State with respect to which a claim has been paid under subparagraph (B) of this paragraph, the Secretary shall--CommentsClose CommentsPermalink
`(i) calculate the overall rate at which the expenditures referred to in subsection (a)(2) have been reimbursed under this part during the 3-year period described in subparagraph (B) of this paragraph; andCommentsClose CommentsPermalink
`(ii) for each subsequent calendar quarter, reimburse the expenditures at the overall rate.'.CommentsClose CommentsPermalink
(3) MAINTENANCE OF EFFORT- Section 471(a) of such Act (
(A) by striking `and' at the end of paragraph (27);CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (28) and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(29) provides that the total of the amounts expended by the State in any fiscal year for foster care maintenance payments, family preservation services (as defined in section 431(a)(1)), family support services (as defined in section 431(a)(2)), time-limited family reunification services (as defined in section 431(a)(7)), and adoption promotion and support services (as defined in section 431(a)(8)) shall be not less than the average annual total of the amounts expended by the State in fiscal years 2001 through 2006 for foster care maintenance payments for children with respect to whom the payments were not required by section 472(a) to be made solely because the children did not meet the requirement of section 472(a)(1)(B) (as then in effect).'.CommentsClose CommentsPermalink
(b) Adoption Assistance-CommentsClose CommentsPermalink
(1) ELIMINATION OF INCOME ELIGIBILITY REQUIREMENT- Section 473(a)(2) of such Act (
`(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child--CommentsClose CommentsPermalink
`(i)(I) at the time adoption proceedings were initiated, had been removed from his or her home--CommentsClose CommentsPermalink
`(aa) pursuant to a voluntary placement agreement with respect to which Federal payments are provided under section 474; orCommentsClose CommentsPermalink
`(bb) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child;CommentsClose CommentsPermalink
`(II) is eligible for supplemental security income benefits under title XVI; orCommentsClose CommentsPermalink
`(III) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as described in section 475(4)(B); andCommentsClose CommentsPermalink
`(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs.CommentsClose CommentsPermalink
`(B) A child who meets the requirements of subparagraph (A)(ii) of this paragraph, who was determined eligible for adoption assistance payments under this part with respect to a prior adoption, and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).'.CommentsClose CommentsPermalink
(2) ADOPTION ASSISTANCE PAYMENTS MATCH RATE- Section 474 of such Act (
(A) in subsection (a)(2), by inserting `, subject to subsection (g)(2)' before the semicolon; andCommentsClose CommentsPermalink
(B) by adding at the end of subsection (g) (as added by subsection (a)(2)(B) of this section) the following:CommentsClose CommentsPermalink
`(2)(A) The Secretary shall reduce the percentage by which the expenditures referred to in subsection (a)(2) are reimbursed, by such equal percentage for all States as may be necessary to ensure that--CommentsClose CommentsPermalink
`(i) the ratio, for any calendar quarter, of the total of the amounts payable to States under such subsection to the total of all amounts expended by the States as adoption assistance payments (whether or not eligible for reimbursement under this part), excluding any expenditure made from other funds provided by the Federal Government or from State funds with respect to which matching funds are provided by the Federal Government; equalsCommentsClose CommentsPermalink
`(ii) the average such ratio for the 12 quarters most recently preceding the effective date of this subsection.CommentsClose CommentsPermalink
`(B) The Secretary shall establish procedures to allow States to submit to the Secretary supplemental claims for reimbursement of expenditures referred to in subsection (a)(2) incurred during the 3-year period beginning with the effective date of this subsection.CommentsClose CommentsPermalink
`(C) The Secretary shall pay a claim submitted pursuant to subparagraph (B) with respect to an expenditure, to the extent that, in the absence of this paragraph, an amount would be payable under this part with respect to the expenditure.CommentsClose CommentsPermalink
`(D) For each State with respect to which a claim has been paid under subparagraph (B) of this paragraph, the Secretary shall--CommentsClose CommentsPermalink
`(i) calculate the overall rate at which the expenditures referred to in subsection (a)(2) have been reimbursed under this part during the 3-year period described in subparagraph (B) of this paragraph; andCommentsClose CommentsPermalink
`(ii) for each subsequent calendar quarter, reimburse the expenditures at the overall rate.'.CommentsClose CommentsPermalink
(c) Administrative Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 474 of such Act (
(A) in subsection (a)(3)(E), by inserting `, subject to subsection (g)(3)' after `expenditures'; andCommentsClose CommentsPermalink
(B) by adding at the end of subsection (g) (as added by subsection (a)(2)(B) of this section) the following:CommentsClose CommentsPermalink
`(3)(A) The Secretary shall reduce the percentage by which the expenditures referred to in subsection (a)(3)(E) are reimbursed, by such equal percentage for all States as may be necessary to ensure that--CommentsClose CommentsPermalink
`(i) the ratio, for any calendar quarter, of the total of the amounts payable to States under subsection (a)(3)(E) to the total of all amounts expended by the States for expenditures referred to in such subsection (whether or not eligible for reimbursement under this part), excluding any expenditure made from other funds provided by the Federal Government or from State funds with respect to which matching funds are provided by the Federal Government; equalsCommentsClose CommentsPermalink
`(ii) the average such ratio for the 12 quarters most recently preceding the effective date of this subsection.CommentsClose CommentsPermalink
`(B) The Secretary shall establish procedures to allow States to submit to the Secretary supplemental claims for reimbursement of expenditures referred to in subsection (a)(3)(E) incurred during the 3-year period beginning with the effective date of this subsection.CommentsClose CommentsPermalink
`(C) The Secretary shall pay a claim submitted pursuant to subparagraph (B) with respect to an expenditure, to the extent that, in the absence of this paragraph, an amount would be payable under this part with respect to the expenditure.CommentsClose CommentsPermalink
`(D) For each State with respect to which a claim has been paid under subparagraph (B) of this paragraph, the Secretary shall--CommentsClose CommentsPermalink
`(i) calculate the overall rate at which the expenditures referred to in subsection (a)(3)(E) have been reimbursed under this part during the 3-year period described in subparagraph (B) of this paragraph; andCommentsClose CommentsPermalink
`(ii) for each subsequent calendar quarter, reimburse the expenditures at the overall rate.'.CommentsClose CommentsPermalink
(2) LIMITATION ON EXPENDITURES NOT RELATED TO PLACEMENT OR CASE MANAGEMENT ACTIVITIES- Section 474 of such Act (
`(h) A State shall not use more than 15 percent of the amounts paid to the State under this part for expenditures relating to determining eligibility, setting rates for foster care homes and institutions, and the proportionate share of related agency overhead.'.CommentsClose CommentsPermalink
(d) Removal of Title IV-E From Funding Cap for the Territories- Section 1108 of such Act (
(e) Conforming Changes for FMAP for the District of Columbia- Section 474(a) of such Act (
SEC. 112. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS.
(a) In General- Section 473 of the Social Security Act (
`(d) Kinship Guardianship Assistance Payments for Children-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each State with a plan approved under this part may, at State option, enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship (as defined in section 475(7)) of the children for whom they have cared as foster parents and for whom they have committed to care for on a permanent basis.CommentsClose CommentsPermalink
`(2) KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- In order to receive payments under section 474(a)(6), a State shall--CommentsClose CommentsPermalink
`(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph;CommentsClose CommentsPermalink
`(ii) provide the prospective relative guardian with a copy of the agreement; andCommentsClose CommentsPermalink
`(iii) certify that any child on whose behalf kinship guardianship assistance payments are made under the agreement shall be provided medical assistance under title XIX in accordance with section 1902(a)(10)(A)(i)(I).CommentsClose CommentsPermalink
`(B) MINIMUM REQUIREMENTS- The agreement shall specify, at a minimum--CommentsClose CommentsPermalink
`(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement;CommentsClose CommentsPermalink
`(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement;CommentsClose CommentsPermalink
`(iii) the procedure by which the relative guardian may apply for additional services as needed, provided the agency and relative guardian agree on the additional services as specified in the case plan; andCommentsClose CommentsPermalink
`(iv) subject to subparagraph (D), that the State will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child.CommentsClose CommentsPermalink
`(C) INTERSTATE APPLICATION- The agreement shall provide--CommentsClose CommentsPermalink
`(i) that the agreement shall remain in effect without regard to the State residency of the kinship guardian; andCommentsClose CommentsPermalink
`(ii) for the protection of the interests of the child in any case where the kinship guardian and the child move to another State while the agreement is in effect.CommentsClose CommentsPermalink
`(D) NO EFFECT ON FEDERAL REIMBURSEMENT- Nothing in subparagraph (B)(iv) shall be construed as affecting the ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph.CommentsClose CommentsPermalink
`(3) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- The kinship guardianship assistance payment shall be based on consideration of the needs of the relative guardian and of the child and shall be at least equal to the amount of the foster care maintenance payment for which the child would have been eligible if the child had remained in foster care, or, at State option, the amount of the adoption assistance payment for which the child would have been eligible if the child had been adopted. The payment may be readjusted periodically based on relevant changes in such needs.CommentsClose CommentsPermalink
`(B) LIMITATION- A kinship guardianship assistance payment may not be made to a relative guardian for any child who has attained 21 years of age.CommentsClose CommentsPermalink
`(4) Child's ELIGIBILITY FOR A KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following:CommentsClose CommentsPermalink
`(i) The child has been--CommentsClose CommentsPermalink
`(I) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child;CommentsClose CommentsPermalink
`(II) under the care of the State agency for the 12-month period ending on the date of the agency determination; andCommentsClose CommentsPermalink
`(III) eligible for foster care maintenance payments under section 472.CommentsClose CommentsPermalink
`(ii) Being returned home or adopted are not appropriate permanency options for the child.CommentsClose CommentsPermalink
`(iii) The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.CommentsClose CommentsPermalink
`(iv) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.CommentsClose CommentsPermalink
`(B) TREATMENT OF SIBLINGS- With respect to a child described in subparagraph (A) whose sibling or siblings are not so described--CommentsClose CommentsPermalink
`(i) the child and any sibling of the child may be placed in the same kinship guardianship arrangement if the State agency and the relative agree on the appropriateness of the arrangement for the siblings; andCommentsClose CommentsPermalink
`(ii) kinship guardianship assistance payments may be paid for the child and each sibling so placed.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) STATE PLAN REQUIREMENT- Section 471(a)(20)(A) of such Act (
(2) MAINTENANCE OF ELIGIBILITY FOR ADOPTION ASSISTANCE- Section 473(a) of such Act (
`(7) The adoptive parents of a child who has been determined by the State, pursuant to subsection (c), to be a child with special needs and on whose behalf kinship guardianship assistance payments have been made under subsection (d) shall be eligible for adoption assistance as if no kinship guardianship assistance agreement or payments had been made. The State shall make payments of nonrecurring adoption expenses under this section to the adoptive parents of such a child. The State may make adoption assistance payments under this section even if the child fails to meet the requirements of subparagraphs (A) and (B) of paragraph (2), if the child would meet the requirements of such subparagraphs if the child were treated as if the child were in the same financial and other circumstances the child was in at the time the kinship guardianship assistance agreement was made.'.CommentsClose CommentsPermalink
(3) PAYMENTS TO STATES- Section 474(a) of such Act (
(A) by striking the period at the end and inserting `; plus'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(6) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed (after applying the reduction required by subsection (g)(2)(A) of this section) of the total amount expended during such quarter as kinship guardianship assistance payments under section 473(d) pursuant to kinship guardianship assistance agreements.'.CommentsClose CommentsPermalink
(4) DEFINITIONS- Section 475(1) of such Act (
`(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under section 473(d), a description of--CommentsClose CommentsPermalink
`(i) the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;CommentsClose CommentsPermalink
`(ii) the reasons why a permanent placement with a fit and willing relative through a kinship guardianship assistance arrangement is in the child's best interests;CommentsClose CommentsPermalink
`(iii) the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment;CommentsClose CommentsPermalink
`(iv) the efforts the agency has made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefor; andCommentsClose CommentsPermalink
`(v) the efforts made by the State agency to secure the consent of the child's parent or parents to the kinship guardianship assistance arrangement, or the reasons why the efforts were not made.'.CommentsClose CommentsPermalink
(c) Notice to Relatives When Children Enter Foster Care-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 471(a)(19) of such Act (
(A) by striking `that the State' and inserting `that--CommentsClose CommentsPermalink
`(A) the State';CommentsClose CommentsPermalink
(B) by adding `and' after the semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(B) within 60 days of the removal of the child from the custody of the parent or parents of the child, the State shall identify and give notice to all adult relatives of the child (including any other adult relatives suggested by the parents or parents), subject to exceptions due to family or domestic violence, that--CommentsClose CommentsPermalink
`(i) specifies that the child has been or is being removed from the custody of the parent or parents; andCommentsClose CommentsPermalink
`(ii) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 113. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE FOSTER FAMILY HOMES.
Section 471(a)(10) of the Social Security Act (
`(A) establish and maintain separate standards for foster family homes in which a foster parent is a relative of the foster child, that, at a minimum, protect the safety of the child and provide for criminal records checks as described in paragraph (20); andCommentsClose CommentsPermalink
`(B) apply the standards referred to in subparagraph (A) of this paragraph to any such relative foster care provider to whom funds are paid pursuant to section 472 or part B in lieu of the standards that would otherwise apply to a foster family home.'.CommentsClose CommentsPermalink
SEC. 114. APPLICATION OF STANDARDS TO ALL CHILDREN.
Section 471(a)(10) of the Social Security Act (
SEC. 115. ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAYMENTS AND ADOPTION ASSISTANCE PAYMENTS THROUGH AGE 20.
(a) Foster Care Maintenance Payments- Section 472 of the Social Security Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
`(1) ELIGIBILITY- Each State with a plan approved under this part shall make foster care maintenance payments on behalf of--CommentsClose CommentsPermalink
`(A) each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2) of this subsection; andCommentsClose CommentsPermalink
`(B) each child who is an individual described in subsection (j)(2) of this section who has entered foster care under the responsibility of the State if the foster care placement met and continues to meet the requirements of paragraph (3) of this subsection.';CommentsClose CommentsPermalink
(B) in the paragraph heading of paragraph (2) by inserting `APPLICABLE TO MINORS' after `REQUIREMENTS'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(3) FOSTER CARE PLACEMENT REQUIREMENTS APPLICABLE TO CHILDREN WHO HAVE ATTAINED THE AGE OF MAJORITY- The foster care placement of a child who is an individual described in subsection (j)(2) meets the requirements of this paragraph if--CommentsClose CommentsPermalink
`(A) the foster care placement is in accordance with a voluntary placement agreement entered into by the individual;CommentsClose CommentsPermalink
`(B) the individual's placement and care meet the requirement of paragraph (2)(B) of this subsection; andCommentsClose CommentsPermalink
`(C)(i) the individual has been placed in a foster family home, child-care institution, or dwelling described in subsection (b)(3)(C); orCommentsClose CommentsPermalink
`(ii) the individual has secured a dwelling described in subsection (b)(3)(D).';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (2) and inserting `, or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(3) in the case of a child who is an individual described in subsection (j)(2) of this section--CommentsClose CommentsPermalink
`(A) in a home described in paragraph (1), in accordance with the payment rules set forth in paragraph (1);CommentsClose CommentsPermalink
`(B) in an institution described in paragraph (2), in accordance with the payment rules set forth in paragraph (2);CommentsClose CommentsPermalink
`(C) in a dwelling operated by an agency that provides social services to children and their families which supplements, supports, or substitutes parental care and supervision for the purpose of safeguarding and promoting the welfare of children, and that meets such standards for licensure or approval as are established by the State for the provision of the services, whether the payments therefor are made to the agency or directly to the individual; orCommentsClose CommentsPermalink
`(D) in housing rented or leased by the individual.';CommentsClose CommentsPermalink
(3) in subsection (e), by inserting `minor' before `child who';CommentsClose CommentsPermalink
(4) in subsection (f)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `a minor' and inserting `a child'; andCommentsClose CommentsPermalink
(ii) by striking `the minor' and inserting `the child (or, if the child has attained 18 years of age, the child himself or herself)'; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking `a minor child' and inserting `a child (or, if the child has attained 18 years of age, the child himself or herself)'; andCommentsClose CommentsPermalink
(ii) by inserting `(if the child is a minor)' after `obligations of the parents or guardians'; andCommentsClose CommentsPermalink
(5) by adding at the end the following:.CommentsClose CommentsPermalink
`(j) In this section, the term `child' means--CommentsClose CommentsPermalink
`(1) a minor child; andCommentsClose CommentsPermalink
`(2) an individual who--CommentsClose CommentsPermalink
`(A) has not attained 21 years of age; andCommentsClose CommentsPermalink
`(B) has been emancipated from foster care under the responsibility of the State by reason of attaining the age of majority.'.CommentsClose CommentsPermalink
(b) Adoption Assistance Payments-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 473(a)(1)(A) of such Act (
(2) CONFORMING AMENDMENT- Section 473(a)(4)(A) of such Act (
(c) Conforming Amendment- Section 474(a)(1) of such Act (
SEC. 116. YOUTH ACCESS TO THE CHILD WELFARE SYSTEM.
Within 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Ways and Means and on Education and Labor of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report on the policies and practices of the States regarding (1) access to child welfare services (including services related to foster care and adoption) by children who have attained 13 years of age, (2) and consideration of runaway and homeless situations as risk assessment factors for determining the appropriateness of placement in the child welfare system. The report shall include an inventory of the policies and practices, an assessment of the effectiveness of the policies and practices, and such recommendations for Federal or State legislative or regulatory action as may be appropriate.CommentsClose CommentsPermalink
Subtitle C--Reduction of Youth Institutional Discharge Into Homelessness
SEC. 121. DISCHARGE FROM CHILD WELFARE SYSTEM.
(a) State Plans Required To Describe State Policies and Procedures Regarding Runaway or Missing Foster Children- Section 471(a) of the Social Security Act (
(1) by striking `and' at the end of paragraph (28);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (29) and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(30) describes the written policies and procedures of the State that are designed to reduce the incidence of children missing or running away from foster care, and to locate and return such children to foster placements.'.CommentsClose CommentsPermalink
(b) Judicial Review of Permanency Plan for Child Leaving Foster Care- Section 475(5)(C) of such Act (
(1) by striking `and (iii)' and inserting `(iii)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following: `and (iv) procedural safeguards shall be applied to assure that the final permanency hearing regarding the transition of the child from foster care to a planned, permanent living arrangement or independent living is held in a family or juvenile court or another court (including a tribal court) of competent jurisdiction;'.CommentsClose CommentsPermalink
(c) Case Plans To Include Description of Housing Arrangements for Children Aging Out of Foster Care- Section 475(1)(D) of such Act (
(d) Review of Steps Taken To Ensure Appropriate Housing for Children Leaving Foster Care- Section 475(5)(C)(iii) of such Act (
(e) Modification of Case Plan Requirements- Section 475(1)(D) of such Act (
`(D) Where appropriate, for a child who has attained 14 years of age (and, at State option, any other child), a written description of the programs and services that will facilitate the transition of the child from foster care to independent living, including a discussion of the appropriateness of the services that have been provided to the child under the plan. The plan for these youth shall also include documentation of the steps the agency is taking to find a permanent placement with a family or other adult connection for the youth, and a permanent living arrangement.'.CommentsClose CommentsPermalink
SEC. 122. RECEIPT OF CERTAIN JUVENILE JUSTICE FORMULA GRANT FUNDS CONDITIONED ON STATES' POLICIES TO ENSURE APPROPRIATE HOUSING FOR JUVENILES RELEASED INTO THE COMMUNITY AND TO REDUCE RATES OF RUNAWAYS.
Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (
(1) in paragraph (27), at the end by striking `and';CommentsClose CommentsPermalink
(2) in paragraph (28), at the end by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(28) provide a description of the State's use of funds under this part and other funds for post-release and aftercare services for juveniles released from confinement in a juvenile justice facility;CommentsClose CommentsPermalink
`(29) provide that there is in effect in the State such policies and procedures as are necessary to ensure that upon release of a juvenile from the juvenile justice system of the State into the community, the juvenile will be placed in a stable environment that consists of appropriate permanent or transitional housing until permanent housing is available; andCommentsClose CommentsPermalink
`(30) provide that the State has in effect (or will develop and implement) standards to--CommentsClose CommentsPermalink
`(A) reduce the rate of occurrence of juveniles running away from placements in secure detention or confinement or nonsecure residential placements;CommentsClose CommentsPermalink
`(B) locate juveniles who have run away from such placements; andCommentsClose CommentsPermalink
`(C) return such juveniles to such respective placements.'.CommentsClose CommentsPermalink
SEC. 123. DISCHARGE PLANNING FROM PRIVATE AND PUBLIC INPATIENT HEALTH FACILITIES REQUIRED FOR PURPOSES OF CERTAIN SUBSTANCE ABUSE AND MENTAL HEALTH PROGRAMS AND THE MEDICAID PROGRAM.
(a) Requirement Applied to SAMHSA Grant Programs Under Title V of the PHSA- Part D of title V of the Public Health Service Act (
`SEC. 544. DISCHARGE PLANNING IN PRIVATE AND PUBLIC HOSPITALS AND INPATIENT FACILITIES.
`Any private or public hospital, nursing home, hospice program, subacute care facility, transitional care facility, residential treatment facility, rehabilitation facility, or other inpatient facility that receives support in any form from any State program, or other program, supported in whole or in part by funds appropriated to any Federal department or agency pursuant to this title, shall have in effect policies and procedures to ensure that each individual who has not attained age 25 and who is furnished services at such hospital, home, program, or facility, respectively, is referred to the most medically appropriate level of care and is furnished with a discharge plan from such hospital, home, program, or facility, respectively, that includes an assurance that such individual is placed in a permanent living arrangement as soon as such discharge is medically appropriate.'.CommentsClose CommentsPermalink
(b) Requirement Applied to Block Grants Regarding Mental Health and Substance Abuse Under Title XIX of the PHSA- Section 1943(a) of the Public Health Service Act (
(1) in paragraph (2), at the end by striking `and';CommentsClose CommentsPermalink
(2) in paragraph (3), at the end by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) ensure that any private or public hospital, nursing home, hospice program, subacute care facility, transitional care facility, residential treatment facility, rehabilitation facility, or other inpatient facility that receives support in any form from any State program, or other program, supported in whole or in part by funds appropriated to any Federal department or agency pursuant to this part, shall have in effect policies and procedures to ensure that each individual who has not attained age 25 and who is furnished services at such hospital, home, program, or facility, respectively, is referred to the most medically appropriate level of care and is furnished with a discharge plan from such hospital, home, program, or facility, respectively, that includes an assurance that such individual is placed in a permanent living arrangement as soon as such discharge is medically appropriate.'.CommentsClose CommentsPermalink
(c) Requirement Applied to State Plan for Medical Assistance Under Medicaid Program- Section 1902(a) of the Social Security Act (
(1) in paragraph (69), at the end by striking `and';CommentsClose CommentsPermalink
(2) in paragraph (70), at the end by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (70) the following new paragraph:CommentsClose CommentsPermalink
`(71) provide that each hospital, nursing facility, hospice program, subacute care facility, transitional care facility, residential treatment facility, rehabilitation facility, or other inpatient facility receiving funds under the plan, shall have in effect policies and procedures to ensure that each child who is an individual who has not attained age 25 and who is furnished services at such hospital, home, program, or facility, respectively, is referred to the most medically appropriate level of care and is furnished with a discharge plan from such hospital, home, program, or facility, respectively, that includes an assurance that such individual is placed in a permanent living arrangement as soon as such discharge is medically appropriate.'.CommentsClose CommentsPermalink
(d) Effective Dates-CommentsClose CommentsPermalink
(1) PUBLIC HEALTH AMENDMENTS- The amendments made by subsections (a) and (b) shall apply to support provided for periods beginning on or after October 1, 2007.CommentsClose CommentsPermalink
(2) MEDICAID AMENDMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in paragraph (2), the amendment made by subsection (c) shall apply to calendar quarters beginning on or after October 1, 2007, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.CommentsClose CommentsPermalink
(B) EXCEPTION IF STATE LEGISLATION REQUIRED- In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (c), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink
TITLE II--YOUTH EMERGENCY AND TRANSITIONAL HOUSING
Subtitle A--Runaway and Homeless Youth Act Programs
SEC. 201. SHORT TITLE.
This subtitle may be cited as the `Runaway and Homeless Youth Act Reauthorization of 2008'.CommentsClose CommentsPermalink
SEC. 202. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) services to such young people should be developed and provided using a positive youth development approach that ensures the young person a sense of--CommentsClose CommentsPermalink
`(A) safety and structure;CommentsClose CommentsPermalink
`(B) belonging and membership;CommentsClose CommentsPermalink
`(C) self-worth and social contribution;CommentsClose CommentsPermalink
`(D) independence and control over one's life; andCommentsClose CommentsPermalink
`(E) closeness in interpersonal relationships.'.CommentsClose CommentsPermalink
SEC. 203. BASIC CENTER PROGRAM.
(a) Services Provided- Section 311(a) of the Runaway and Homeless Youth Act (
(1) by amending paragraph (2)(B)(i) to read as follows:CommentsClose CommentsPermalink
`(i) safe and appropriate shelter provided for not to exceed 15 days, or not to exceed 30 days if the center is located in a State or locality with a child or youth-serving-facility licensure law or regulation that permits a length of stay in excess of 15 days; and', andCommentsClose CommentsPermalink
(2) in subsection (b)(2)--CommentsClose CommentsPermalink
(A) by striking `$100,000' and inserting `$200,000',CommentsClose CommentsPermalink
(B) by striking `$45,000' and inserting `$100,000', andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`Whenever the Secretary determines than any part of the amount allotted under paragraph (1) with respect to a State will not be obligated before the end of the fiscal year, the Secretary shall reallot such part with respect to the remaining States for obligation for such fiscal year.'.CommentsClose CommentsPermalink
(b) Eligibility- Section 312(b) of the Runaway and Homeless Youth Act (
(1) in paragraph (11) by striking `and' at the end,CommentsClose CommentsPermalink
(2) in paragraph (12) by striking the period and inserting `; and', andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(13) shall develop an adequate emergency preparedness and management plan.'.CommentsClose CommentsPermalink
(c) Definition- Section 387(3)(A)(i) of the Runaway and Homeless Youth Act (
SEC. 204. RENOVATION.
Section 321 of the Runaway and Homeless Youth Act (
SEC. 205. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility- Section 322(a) of the Runaway and Homeless Youth Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `indirectly' inserting `by contract (excluding the use of vouchers)', andCommentsClose CommentsPermalink
(B) by striking `services' the 1st place it appears and inserting `provide, directly or indirectly (excluding the use of vouchers), services,'.CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `, except' and inserting `(except', andCommentsClose CommentsPermalink
(B) by striking `period;' and inserting the following:CommentsClose CommentsPermalink
`period) or, if the program is located in a State or locality with a child- or youth-serving facility licensure law or regulation that permits a length of stay in excess of such 540-day period, a continuous period not to exceed 730 days;',CommentsClose CommentsPermalink
(3) in paragraph (14) by striking `and' at the end,CommentsClose CommentsPermalink
(4) n paragraph (15) by striking the period and inserting `; and', andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(16) to develop an adequate emergency preparedness and management plan.'.CommentsClose CommentsPermalink
SEC. 206. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (
`SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH HOMELESSNESS.
`(a) Periodic Estimate- Not later than 2 years after the effective date of this section 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--CommentsClose CommentsPermalink
`(1) by using the best quantitative and qualitative social science research method available, containing an estimate of the incidence and prevalence of runaway and homeless individuals who are not less than 13 years of age and not more than 25 years of age; andCommentsClose CommentsPermalink
`(2) that includes with such estimate an assessment of the characteristics of such individuals.CommentsClose CommentsPermalink
`(b) Content- Each assessment required by subsection (a) shall include--CommentsClose CommentsPermalink
`(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 and not more than 25 years of age to determine past and current--CommentsClose CommentsPermalink
`(A) socioeconomic characteristics of such individuals;CommentsClose CommentsPermalink
`(B) barriers to such individuals obtaining--CommentsClose CommentsPermalink
`(i) safe, quality, and affordable housing;CommentsClose CommentsPermalink
`(ii) comprehensive and affordable health insurance and health services; andCommentsClose CommentsPermalink
`(iii) incomes, public benefits, supportive services, and connections to caring adults;CommentsClose CommentsPermalink
`(C) such other information that the Secretary determines, in consultation with States, units of local government, and national nongovernmental organizations concerned with homelessness, may be useful.CommentsClose CommentsPermalink
`(c) Implementation- If the Secretary enters into any contract 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.'.CommentsClose CommentsPermalink
SEC. 207. REPORT.
(a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report based on the best quantitative research method available and containing an estimate of--CommentsClose CommentsPermalink
(1) the public service costs, including law enforcement, emergent and urgent health services (including crisis mental health and substance abuse services), child welfare services, juvenile and criminal justice services, and public income benefits costs, attributable to such services being provided to runaway and homeless individuals who are not less than 13 years of age and not more than 25 years of age, andCommentsClose CommentsPermalink
(2) the extent to which the public service cost reductions offset the costs of providing family reunification, emergency shelter, transitional housing, permanent housing, and supportive services to such individuals.CommentsClose CommentsPermalink
(b) Implementation- If the Secretary carries out subsection (a) by contract with an non-Federal entity, 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.CommentsClose CommentsPermalink
SEC. 208. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
The Runaway and Homeless Youth Act (
(1) by redesignating part F as part G,CommentsClose CommentsPermalink
(2) by inserting after part E the following:CommentsClose CommentsPermalink
`PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN
`SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN. .
`(a) In General- The Secretary shall, directly or via contract, 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--CommentsClose CommentsPermalink
`(1) preventing runaway and homeless situations among youth in the United States;CommentsClose CommentsPermalink
`(2) increasing awareness of individuals of all ages of the issues facing youth in runaway and homeless situations;CommentsClose CommentsPermalink
`(3) assisting youth in crisis situations learn about resources and services available in their communities to intervene in or resolve the crisis; andCommentsClose CommentsPermalink
`(4) encouraging parents and guardians, educators, health care professionals, social service professionals, law enforcement officials, and other interested adults to assist youth in averting or resolving runaway and homeless situations.CommentsClose CommentsPermalink
`(b) Use of Funds-CommentsClose CommentsPermalink
`(1) IN GENERAL- Amounts made available to carry out this section for the national awareness campaign may only be used for the following:CommentsClose CommentsPermalink
`(A) The purchase of media time and space, including the strategic planning for, and accounting of, such purchases.CommentsClose CommentsPermalink
`(B) Creative and talent costs.CommentsClose CommentsPermalink
`(C) Advertising production costs.CommentsClose CommentsPermalink
`(D) Testing and evaluation of advertising.CommentsClose CommentsPermalink
`(E) Evaluation of the effectiveness of the national media campaign.CommentsClose CommentsPermalink
`(F) The negotiated fees for the winning bidder on requests for proposals issued by the Secretary to enter into contracts to carry out activities authorized by this section.CommentsClose CommentsPermalink
`(G) Partnerships with national organizations concerned with youth homelessness, community-based youth service organizations, including faith-based organizations, and government organizations related to the national awareness campaign.CommentsClose CommentsPermalink
`(H) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation.CommentsClose CommentsPermalink
`(I) Operational and management expenses.CommentsClose CommentsPermalink
`(2) SPECIFIC REQUIREMENTS-CommentsClose CommentsPermalink
`(A) TESTING AND EVALUATION OF ADVERTISING- In using amounts for testing and evaluation of advertising under paragraph (1)(D), the Secretary shall test all advertisements prior to use in the national awareness campaign to ensure that the advertisements are effective and meet industry-accepted standards.CommentsClose CommentsPermalink
`(B) EVALUATION OF EFFECTIVENESS OF AWARENESS CAMPAIGN- In using amounts for the evaluation of the effectiveness of the national awareness campaign under paragraph (1)(E), the Secretary shall--CommentsClose CommentsPermalink
`(i) designate an independent entity to evaluate the effectiveness of the national awareness campaign; andCommentsClose CommentsPermalink
`(ii) ensure that the effectiveness of the national awareness campaign is evaluated in a manner that enables consideration of whether the national awareness has contributed to reducing runaway and homeless situations among youth, linking runaway and homeless youth to resources and services available in their communities, and such other measures of evaluation as the Secretary determinates are appropriate.CommentsClose CommentsPermalink
`(c) Prohibitions- None of the amounts made available under subsection (b) may be obligated or expended for any of the following:CommentsClose CommentsPermalink
`(1) To supplant pro bono public service time donated by national and local broadcasting networks for the national awareness campaign.CommentsClose CommentsPermalink
`(2) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.CommentsClose CommentsPermalink
`(3) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal employees employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations.CommentsClose CommentsPermalink
`(4) To fund advertising that does not contain a primary message intended to reduce or prevent runaway and homeless situations among youth.CommentsClose CommentsPermalink
`(5) To fund advertising containing a primary message intended to promote support for the awareness campaign or private sector contributions to the awareness campaign.CommentsClose CommentsPermalink
`(d) Financial and Performance Accountability- The Secretary shall cause to be performed--CommentsClose CommentsPermalink
`(1) audits and reviews of costs of the national awareness campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 (
`(2) an audit to determine whether the costs of the national awareness campaign are allowable under section 306 of such Act (
`(e) Report- The Secretary shall include in each report submitted under section 381(a) a summary of the national awareness campaign that describes--CommentsClose CommentsPermalink
`(1) the strategy of the national awareness campaign and whether specific objectives of the media campaign were accomplished;CommentsClose CommentsPermalink
`(2) steps taken to ensure that the national awareness campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national awareness campaign;CommentsClose CommentsPermalink
`(3) plans to purchase advertising time and space;CommentsClose CommentsPermalink
`(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; andCommentsClose CommentsPermalink
`(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national awareness campaign.', andCommentsClose CommentsPermalink
(3) in section 388(a)--CommentsClose CommentsPermalink
(A) in paragraph (1) by striking `part E' and inserting `parts E and F', andCommentsClose CommentsPermalink
(B) in paragraph (2) by adding at the end the following:CommentsClose CommentsPermalink
`(5) PART F- There are authorized to be appropriated to carry out part F $20,000,000 for fiscal year 2009 and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013.'.CommentsClose CommentsPermalink
SEC. 209. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE PROJECTS.
Section 343(b) Runaway and Homeless Youth Act (
`(b) Priorities- The Secretary--CommentsClose CommentsPermalink
`(1) shall establish priorities for making grants for purposes of carrying out projects under subsection (a); andCommentsClose CommentsPermalink
`(2) not later than 1 year after the effective date of this subsection and at 2-year intervals thereafter, shall provide an opportunity for public comment concerning the priorities proposed under paragraph (1) and maintain an official record of such public comment.'.CommentsClose CommentsPermalink
SEC. 210. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(a)(1) Runaway and Homeless Youth Act (
SEC. 211. PERFORMANCE STANDARDS.
Part G, as so redesignated, of Runaway and Homeless Youth Act (
`SEC. 290. PERFORMANCE STANDARDS.
`(a) Establishment of Performance Standards- Not later than 2 years after the effective date of this section, the Secretary shall issue rules that specify standards of performance for public and nonprofit private entities that receive grants under sections 311, 321 and 351.CommentsClose CommentsPermalink
`(b) Consultation- The Secretary shall consult with representatives of public and nonprofit entities that receive grants under this title, statewide and regional nonprofit organizations (and 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).CommentsClose CommentsPermalink
`(c) Public Comment- The Secretary shall provide an opportunity for public comment concerning the establishment of the performance standards required by subsection (a) before issuing rules to establish such standards and shall maintain an official record of such public comment.'.CommentsClose CommentsPermalink
SEC. 212. APPEALS.
Part G, as so redesignated and as amended by section 209, of Runaway and Homeless Youth Act (
`SEC. 291. APPEALS.
`(a) Establishment of Appeal Procedure- Not later than 2 years after the effective date of this section, the Secretary shall establish by rule a timely appeal procedure applicable to review the amounts of grants made, and the denial of grants requested, under this title.CommentsClose CommentsPermalink
`(b) Consultation- The Secretary shall consult with representatives of public and nonprofit private entities that receive grants under this title, statewide and regional nonprofit organizations (and combinations of such organizations) that receive grants under this title, and national nonprofit organizations concerned with youth homelessness in establishing the appeal procedure required by subsection (a).CommentsClose CommentsPermalink
`(c) Public Comment- The Secretary shall provide an opportunity for public comment concerning the establishment of the appeal procedure required by subsection (a) before issuing rules to establish such procedure and shall maintain an official record of such public comment.'.CommentsClose CommentsPermalink
SEC. 213. DEFINITION.
Section 387 Runaway and Homeless Youth Act (
(1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, andCommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
`(4) RUNAWAY YOUTH- The term `runaway youth' means an individual who is less than 18 years of age and who absents himself or herself from home or place of legal residence without the permission of parents or legal guardians.'.CommentsClose CommentsPermalink
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) Runaway and Homeless Youth Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `$105,000,000 for fiscal year 2004' and inserting `$200,000,000 for fiscal year 2009', andCommentsClose CommentsPermalink
(B) by striking `2005, 2006, 2007, and 2008' and inserting `2010, 2011, 2012, and 2013' , andCommentsClose CommentsPermalink
(2) in paragraph (4) 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'.CommentsClose CommentsPermalink
SEC. 215. LOAN FORGIVENESS FOR RUNAWAY AND HOMELESS YOUTH WORKERS.
(a) FFEL and Direct Loan Forgiveness- Title IV of the Higher Education Act of 1965 (
`SEC. 428L. LOAN FORGIVENESS FOR RUNAWAY AND HOMELESS YOUTH WORKERS.
`(a) Purpose- The purpose of this section is to encourage qualified individuals to enter and continue employment as workers for runaway and homeless youth.CommentsClose CommentsPermalink
`(b) Loan Forgiveness-CommentsClose CommentsPermalink
`(1) LOAN FORGIVENESS AUTHORIZED- The Secretary is authorized to forgive, in accordance with this section and the agreement described in subsection (e), the student loan debt of an eligible borrower in the amount specified in subsection (d) and for the period specified in such agreement.CommentsClose CommentsPermalink
`(2) METHOD OF LOAN FORGIVENESS- To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program--CommentsClose CommentsPermalink
`(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under part B of this title; andCommentsClose CommentsPermalink
`(B) to cancel a qualified loan amount for a loan made under part D of this title.CommentsClose CommentsPermalink
`(c) Eligible Borrower- The Secretary is authorized to provide loan forgiveness under this section to any individual who--CommentsClose CommentsPermalink
`(1) is employed as a worker for runaway and homeless youth on, at a minimum, a part-time basis of at least 20 hours per week, and who has been employed as such for not less than 5 consecutive years on, at minimum, such a part-time basis; andCommentsClose CommentsPermalink
`(2) is not in default on a loan for which the borrower seeks forgiveness.CommentsClose CommentsPermalink
`(d) Loan Forgiveness Amount- The Secretary may, from funds appropriated under subsection (l), forgive the loan obligation of an eligible borrower in accordance with such terms, limitations, and conditions as may be mutually agreed upon by such borrower and the Secretary in the agreement described in subsection (e), except that the amount paid by the Secretary under this section shall not exceed $17,500 in the aggregate for any borrower.CommentsClose CommentsPermalink
`(e) Loan Forgiveness Agreement-CommentsClose CommentsPermalink
`(1) TERMS OF AGREEMENT- The Secretary shall not provide loan forgiveness to an eligible borrower unless the borrower enters into a written agreement with the Secretary which provides that--CommentsClose CommentsPermalink
`(A) the borrower shall remain employed as a worker for runaway and homeless youth for a period of service specified in the agreement (but not less than 5 years), unless involuntarily separated from that employment;CommentsClose CommentsPermalink
`(B) if the borrower is involuntarily separated from the employment described in subparagraph (A) on account of misconduct, or voluntarily separates from that employment, before the end of the period specified in the agreement, the borrower shall repay the Secretary the amount of any benefits received by such borrower under this section;CommentsClose CommentsPermalink
`(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to such amount shall be recoverable by the Government from the borrower (or such borrower's estate, if applicable) by such method as is provided by law for the recovery of amounts owing to the Government;CommentsClose CommentsPermalink
`(D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; andCommentsClose CommentsPermalink
`(E) the Secretary shall provide loan forgiveness under this section for the period of the agreement, subject to the availability of appropriations.CommentsClose CommentsPermalink
`(2) AGREEMENT RENEWAL- Upon completion by an eligible borrower of the period of service required under the agreement described in paragraph (1), the Secretary may renew such agreement with the eligible borrower for a successive period of service to be specified in the renewed agreement (which may be less than 5 years).CommentsClose CommentsPermalink
`(f) Repayments by Borrowers- Any amount repaid by, or recovered from, a borrower (or a borrower's estate) under subsection (e)(1)(B) shall be credited to the appropriation account from which the loan forgiveness amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which the amount was merged.CommentsClose CommentsPermalink
`(g) Application for Loan Forgiveness- An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
`(h) Priority- The Secretary shall provide loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations.CommentsClose CommentsPermalink
`(i) Regulations- The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
`(j) Construction- Nothing in this section shall be construed to authorize the refunding of any repayment of any loan made by a borrower prior to the date on which the Secretary entered into an agreement with the borrower under subsection (e).CommentsClose CommentsPermalink
`(k) Definition- In this section the term `worker for runaway and homeless youth' means an employee of a public or nonprofit private entity providing services for runaway and homeless youth that is an entity receiving grant awards under section 5711, section 5714-1, or section 5714-41 of the Runaway and Homeless Youth Act (
`(l) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.'.CommentsClose CommentsPermalink
(b) Cancellation of Loans-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 465(a)(2) of the Higher Education Act of 1965 (
(A) by striking `or' at the end of subparagraph (H);CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (I) and inserting `; or'; andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (I) the following new subparagraph:CommentsClose CommentsPermalink
`(J) as a full-time worker for runaway and homeless youth (as defined in section 428L).'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to--CommentsClose CommentsPermalink
(A) eligible loans made before, on, or after the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) service as a worker for runaway and homeless youth (as defined in section 428L of the Higher Education Act of 1965, as amended by subsection (a) of this section) that is provided on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) CONSTRUCTION- Nothing in this subsection shall be construed to authorize the refunding of any repayment of a loan made by a borrower prior to the date on which the borrower became eligible for cancellation under section 465(a) of the Higher Education Act of 1965 (
Subtitle B--HUD McKinney-Vento Programs
SEC. 221. DEFINITION OF HOMELESS INDIVIDUAL.
Section 103 of the McKinney-Vento Homeless Assistance Act (
(1) by striking subsection (a) and inserting the following new subsection:CommentsClose CommentsPermalink
`(a) In General- For purposes of this Act, the terms `homeless', `homeless individual', and `homeless person'--CommentsClose CommentsPermalink
`(1) mean an individual who lacks a fixed, regular, and adequate nighttime residence; andCommentsClose CommentsPermalink
`(2) include--CommentsClose CommentsPermalink
`(A) an individual who--CommentsClose CommentsPermalink
`(i) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;CommentsClose CommentsPermalink
`(ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative adequate accommodations;CommentsClose CommentsPermalink
`(iii) is living in an emergency or transitional shelter;CommentsClose CommentsPermalink
`(iv) is abandoned in a hospital; orCommentsClose CommentsPermalink
`(v) is awaiting foster care placement;CommentsClose CommentsPermalink
`(B) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;CommentsClose CommentsPermalink
`(C) an individual who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting; andCommentsClose CommentsPermalink
`(D) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965 (
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking `or otherwise detained'; andCommentsClose CommentsPermalink
(B) by inserting after the period at the end the following: `Such term includes individuals who have been released from prison on parole.'.CommentsClose CommentsPermalink
SEC. 222. ELIGIBILITY OF ACTIVITIES TO PROVIDE FAMILY SUPPORT SERVICES UNDER EMERGENCY SHELTER GRANTS PROGRAM .
Subsection (a) of section 414 of the McKinney-Vento Homeless Assistance Act (
`(5) Programs and projects to preserve, support, or reunify families in which a child or youth member is a runaway, homeless, or street youth or at risk of becoming a runaway, homeless, or street youth.'.CommentsClose CommentsPermalink
SEC. 223. ELIGIBILITY OF FAMILY STRENGTHENING PROJECTS TO PREVENT YOUTH HOMELESSNESS UNDER SUPPORTIVE HOUSING PROGRAM.
Subsection (c) of section 425 of the McKinney-Vento Homeless Assistance Act (
Subtitle C--John H. Chafee Foster Care Independence Program
SEC. 231. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.
(a) Increase in Annual Authorization Level- Section 477(h)(1) of the Social Security Act (
(b) Expansion of Eligibility for Services- Section 477 of such Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `18' and inserting `14'; andCommentsClose CommentsPermalink
(B) in paragraph (5), by striking `between 18 and 21' and inserting `who have attained 18 years of age, and who have not attained 25 years of age';CommentsClose CommentsPermalink
(2) in each of subsections (b)(3)(A) and (b)(3)(B), by striking `21' and inserting `25';CommentsClose CommentsPermalink
(3) in subsection (i)--CommentsClose CommentsPermalink
(A) in paragraph (2), by striking `youths adopted from foster care after attaining age 16' and inserting `youths in or exiting from foster care after attaining 14 years of age'; andCommentsClose CommentsPermalink
(B) by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively.CommentsClose CommentsPermalink
(c) Authority To Use Program Funds To Provide Independent Living Services and Education and Training Vouchers for Children Who Exit Foster Care to Guardianship or Adoption After Age 14-CommentsClose CommentsPermalink
(1) INDEPENDENT LIVING SERVICES- Section 477(a) of such Act (
(A) by striking `and' at the end of paragraph (5);CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (6) and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(7) to provide the services referred to in this subsection to children who, after attaining 14 years of age, have left foster care for kinship guardianship or adoption.'.CommentsClose CommentsPermalink
(2) EDUCATION AND TRAINING VOUCHERS- Section 477(i)(2) of such Act (
(d) Eligibility of Private Service Providers for Funds- Section 477(b)(2) of such Act (
`(G) Distribute funds provided to the State under this section among a diverse range of qualified providers of services that are private entities, and ensure that the entities have equal opportunity to receive the funds.'.CommentsClose CommentsPermalink
(e) Expansion of Program Evaluations- Section 477(g)(1) of such Act (
(1) in the 1st sentence, by inserting `, and of model programs that focus on improving outcomes for youth aging out of care in the areas of education, employment, personal development, and housing' after `significance';CommentsClose CommentsPermalink
(2) in the 2nd sentence, by striking `and personal development' and inserting `mental and physical health, personal development, and housing, and on the use of room and board services and how the use of the services improve housing outcomes for youth.'; andCommentsClose CommentsPermalink
(3) in the 3rd sentence, by inserting `, where practicable,' before `random assignment'.CommentsClose CommentsPermalink
(f) Improving Awareness of Available Services-CommentsClose CommentsPermalink
(1) DUTIES OF THE SECRETARY- Section 477 of such Act (
`(j) Distribution of Information About Other Related Programs- To improve access to the array of services available to youth transitioning out of foster care and assist States in leveraging available resources, the Secretary shall provide for the efficient distribution to States and local areas of information about Federal programs, other than the program established by this section, that may assist youth in their transition to self-sufficiency and provide guidance on how to access services under the programs.'.CommentsClose CommentsPermalink
(2) DUTIES OF THE STATE- Section 477(b)(3) of such Act (
(A) by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink
`(G) A certification by the chief executive officer that, when or before a child leaves foster care under the responsibility of the State, the State will inform the child of the full range of available financial, housing, counseling, health, public benefit employment, and education services, and other appropriate support and services for which the child is eligible.'.CommentsClose CommentsPermalink
Subtitle D--Youth Offender Reentry Grants Program
SEC. 241. ESTABLISHMENT OF PROGRAM.
The Attorney General shall carry out a program under which the Attorney General may award grants to States to provide for programs designed and conducted for the following purposes:CommentsClose CommentsPermalink
(1) To identify individuals who are incarcerated in correctional facilities and who are likely to be released from such facilities before attaining 25 years of age, and to help such individuals make the transition to self-sufficiency by providing pre-release services such discharge planning and reentry planning, training in daily living skills, training in parenting skills, training in budgeting and financial management skills, substance abuse prevention, mental health counseling, and preventive health activities (including smoking avoidance, nutrition education, sexually transmitted illnesses prevention (including HIV prevention), and pregnancy prevention), and assistance in applying for income assistance and health insurance for which the individual may be eligible.CommentsClose CommentsPermalink
(2) To help such individuals receive at the pre-release and post-release stages the education, training, and services necessary to obtain employment and housing.CommentsClose CommentsPermalink
(3) To help such individuals at the pre-release and post-release stages prepare for and enter postsecondary training and education institutions.CommentsClose CommentsPermalink
(4) To provide personal and emotional support to such individuals at the pre-release and post-release stages through mentors and the promotion of interactions with dedicated adults.CommentsClose CommentsPermalink
(5) To provide post-release financial, housing, counseling, employment, education, health and mental health, assistance in applying for public benefits, and other appropriate support and services to such individuals to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood.CommentsClose CommentsPermalink
(6) To make available to such individuals post-release vouchers for education and training, including postsecondary training and education.CommentsClose CommentsPermalink
(7) To help such individuals at the pre-release and post-release stages repair harm to victims, family members, and communities caused by their offense, including through community service and through victim impact programming.CommentsClose CommentsPermalink
SEC. 242. APPLICATIONS.
(a) In General- A State may apply for funds from its allotment under section 243 for a period of five consecutive fiscal years by submitting to the Attorney General, in writing, a plan that meets the requirements of subsection (b) and the certifications required by subsection (c) with respect to the plan.CommentsClose CommentsPermalink
(b) State Plan- A plan meets the requirements of this subsection if the plan specifies which State agency or agencies will administer, supervise, or oversee the programs carried out under the plan, and describes how the State intends to do the following:CommentsClose CommentsPermalink
(1) Design and deliver programs to achieve the purposes of this title.CommentsClose CommentsPermalink
(2) Ensure utilization of funds for both pre-release and post-release supports and services, though not necessarily in a uniform manner.CommentsClose CommentsPermalink
(3) Ensure that the programs serve individuals described in section 241(1) of various ages and at various stages of achieving independence.CommentsClose CommentsPermalink
(4) Involve the public and private sectors in helping such individuals achieve independence.CommentsClose CommentsPermalink
(5) Distribute funds provided to the State under this section among a diverse range of qualified private nonprofit providers of post-release supports and services, and ensure that the entities have equal opportunity to receive the funds.CommentsClose CommentsPermalink
(6) Cooperate in national evaluations of the effects of the programs in achieving the purposes of this title.CommentsClose CommentsPermalink
(c) Certifications- The certifications required by this paragraph with respect to a plan are the following:CommentsClose CommentsPermalink
(1) A certification by the chief executive officer of the State that the State will provide assistance and services to individuals described in section 241(1).CommentsClose CommentsPermalink
(2) A certification by the chief executive officer of the State that not more than 30 percent of the amounts paid to the State from its allotment under section 243 for a fiscal year will be expended for post-release room or board for such individuals.CommentsClose CommentsPermalink
(3) A certification by the chief executive officer of the State that the State will provide training to help family members, providers of supports and services, and correctional facility personnel understand and address the issues confronting such individuals preparing for independent living.CommentsClose CommentsPermalink
(4) A certification by the chief executive officer of the State that the State has consulted widely with public and private organizations in developing the plan and that the State has given all interested members of the public at least 30 days to submit comments on the plan.CommentsClose CommentsPermalink
(5) A certification by the chief executive officer of the State that the State will make every effort to coordinate the State programs receiving funds provided from an allotment made to the State under section 243 with other Federal and State programs for any of such individuals (especially the John H. Chafee Foster Care Independence Program under
(6) A certification by the chief executive officer of the State that each Indian tribe in the State has been consulted about the programs to be carried out under the plan; that there have been efforts to coordinate the programs with such tribes; and that benefits and services under the programs will be made available to such individuals who are Indian in the State on the same basis as to other such individuals in the State.CommentsClose CommentsPermalink
(7) A certification by the chief executive officer that, when or before an individual described in section 241(1) leaves a correctional facility, the State will inform the individual of the full range of available financial, housing, counseling, health and mental health, employment, education, community services, victim impact programming, and other appropriate support and services for which the individual is eligible.CommentsClose CommentsPermalink
(8) A certification by the chief executive officer of the State that the State will ensure that such individuals participating in the program under this title participate directly in designing their own case plans, discharge plans, reentry plans and program activities that prepare them for independent living and that such individuals accept personal responsibility for living up to their part of the program.CommentsClose CommentsPermalink
(9) A certification by the chief executive officer of the State that the State has established and will enforce standards and procedures to prevent fraud and abuse in the programs carried out under the plan.CommentsClose CommentsPermalink
(10) A certification by the chief executive officer of the State that the State educational and training voucher program under this title is in compliance with the conditions specified in section 249, including a statement describing methods the State will use--CommentsClose CommentsPermalink
(A) to ensure that the total amount of educational assistance to any such individual under this title and under other Federal and federally supported programs does not exceed the limitation specified in section 249(3); andCommentsClose CommentsPermalink
(B) to avoid duplication of benefits under this and any other Federal or federally assisted benefit program.CommentsClose CommentsPermalink
(d) Approval- The Attorney General shall approve an application submitted by a State pursuant to subsection (a) for a period if--CommentsClose CommentsPermalink
(1) the application is submitted on or before June 30 of the calendar year in which such period begins; andCommentsClose CommentsPermalink
(2) the Attorney General finds that the application contains the material required by subsection (a).CommentsClose CommentsPermalink
(e) Authority To Implement Certain Amendments; Notification- A State with an application approved under subsection (d) may implement any amendment to the plan contained in the application if the application, incorporating the amendment, would be approvable under subsection (d). Within 30 days after a State implements any such amendment, the State shall notify the Attorney General of the amendment.CommentsClose CommentsPermalink
(f) Availability- The State shall make available to the public any application submitted by the State pursuant to subsection (a), and a brief summary of the plan contained in the application.CommentsClose CommentsPermalink
SEC. 243. ALLOTMENTS TO STATES.
(a) General Program Allotment- From the amount specified in section 248(1) that remains after applying section 247(b) for a fiscal year, the Attorney General shall allot to each State with an application approved under section 242 for the fiscal year the amount which bears the ratio to such remaining amount equal to the State youth ratio, as adjusted in accordance with subsection (b).CommentsClose CommentsPermalink
(b) Hold Harmless Position-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General shall allot to each State whose allotment for a fiscal year under subsection (a) is less than the greater of $500,000 or the amount payable to the State under this title for fiscal year 2008, an additional amount equal to the difference between such allotment and such greater amount.CommentsClose CommentsPermalink
(2) RATABLE REDUCTION OF CERTAIN ALLOTMENTS- In the case of a State not described in paragraph (1) for a fiscal year, the Attorney General shall reduce the amount allotted to the State for the fiscal year under subsection (a) by the amount that bears the same ratio to the sum of the differences determined under paragraph (1) for the fiscal year as the excess of the amount so allotted over the greater of $500,000 or the amount payable to the State under this title for fiscal year 1998 bears to the sum of such excess amounts determined for all such States.CommentsClose CommentsPermalink
(c) Voucher Program Allotment- From the amount, if any, appropriated pursuant to section 248(2) for a fiscal year, the Attorney General may allot to each State with an application approved under section 242 for the fiscal year an amount equal to the State youth ratio multiplied by the amount so specified.CommentsClose CommentsPermalink
(d) State Youth Ratio- In this section, the term `State youth ratio' means the ratio of the number individuals who have attained at least age 13 and who have not attained age 25 in the State in the most recent fiscal year for which the information is available to the total number of individuals who have attained at least age 13 and who have not attained age 25 in all States for the most recent fiscal year.CommentsClose CommentsPermalink
SEC. 244. USE OF FUNDS.
(a) In General- A State to which an amount is paid from its allotment under section 243 may use the amount in any manner that is reasonably calculated to accomplish the purposes of this title.CommentsClose CommentsPermalink
(b) No Supplantation of Other Funds Available for Same General Purposes- The amounts paid to a State from its allotment under section 243 shall be used to supplement and not supplant any other funds which are available for the same general purposes in the State.CommentsClose CommentsPermalink
(c) Two-Year Availability of Funds- Payments made to a State under this title for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.CommentsClose CommentsPermalink
(d) Reallocation of Unused Funds- If a State does not apply for funds under this title for a fiscal year within such time as may be provided by the Attorney General, the funds to which the State would be entitled for the fiscal year shall be reallocated to 1 or more other States on the basis of their relative need for additional payments under this title, as determined by the Attorney General.CommentsClose CommentsPermalink
SEC. 245. PENALTIES.
(a) Use of Grant in Violation of This Part- The Attorney General shall assess a penalty against a State that fails to operate a program receiving funds from an allotment made to a State under section 243 in a manner that is consistent with, or not disclosed in the State application approved under section 242 in an amount equal to not less than 1 percent and not more than 5 percent of the amount of the allotment.CommentsClose CommentsPermalink
(b) Failure To Comply With Data Reporting Requirement- The Attorney General shall assess a penalty against a State that fails during a fiscal year to comply with an information collection plan implemented under section 246 in an amount equal to not less than 1 percent and not more than 5 percent of the amount allotted to the State for the fiscal year.CommentsClose CommentsPermalink
(c) Penalties Based on Degree of Noncompliance- The Attorney General shall assess penalties under this subsection based on the degree of noncompliance.CommentsClose CommentsPermalink
SEC. 246. DATA COLLECTION AND PERFORMANCE MEASUREMENT.
(a) In General- The Attorney General, in consultation with State and local public officials responsible for administering juvenile justice and criminal justice programs, juvenile justice advocates, youth service providers, and researchers, shall--CommentsClose CommentsPermalink
(1) develop outcome measures (including measures of educational attainment, high school diploma (or its equivalent), employment, homelessness, nonmarital childbirth, recidivism, and high-risk behaviors) that can be used to assess the performance of States in operating youth offender reentry programs;CommentsClose CommentsPermalink
(2) identify data elements needed to track--CommentsClose CommentsPermalink
(A) the number and characteristics of youths receiving services under this title;CommentsClose CommentsPermalink
(B) the type and quantity of services being provided; andCommentsClose CommentsPermalink
(C) State performance on the outcome measures; andCommentsClose CommentsPermalink
(3) develop and implement a plan to collect the needed information beginning with the second fiscal year beginning after December 14, 2008.CommentsClose CommentsPermalink
SEC. 247. EVALUATIONS.
(a) In General- The Attorney General shall conduct evaluations of such State programs funded under this title as the Attorney General deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, mental and physical health, personal development, and housing, and the use of room and board services and how the use of the services improves housing outcomes for the individuals. To the maximum extent practicable, the evaluations shall be based on rigorous scientific standards including, where practicable, random assignment to treatment and control groups. The Attorney General is encouraged to work directly with State and local governments to design methods for conducting the evaluations, directly or by grant or contract.CommentsClose CommentsPermalink
(b) Funding of Evaluations- The Attorney General shall reserve 1.5 percent of the amount under section 248 for a fiscal year to carry out, during the fiscal year, evaluation, technical assistance, performance measurement, and data collection activities related to this title, directly or through grants or contracts with appropriate entities.CommentsClose CommentsPermalink
SEC. 248. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year--CommentsClose CommentsPermalink
(1) $200,000,000 to carry out this title; andCommentsClose CommentsPermalink
(2) $60,000,000 to carry out section 249.CommentsClose CommentsPermalink
SEC. 249. EDUCATIONAL AND TRAINING VOUCHERS.
The following conditions shall apply to a State educational and training voucher program under this title:CommentsClose CommentsPermalink
(1) Vouchers under the program may be available to individuals who are eligible for other services under the State program carried out under this title.CommentsClose CommentsPermalink
(2) Vouchers provided for an individual under this title--CommentsClose CommentsPermalink
(A) may be available for the cost of attendance at an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (
(B) shall not exceed the lesser of $5,000 per year or the total cost of attendance, as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C.1087ll).CommentsClose CommentsPermalink
(3) The amount of a voucher under this title may be disregarded for purposes of determining the recipient's eligibility for, or the amount of, any other Federal or federally supported assistance, except that the total amount of educational assistance to an individual under this title and under other Federal and federally supported programs shall not exceed such total cost of attendance and except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally supported programs.CommentsClose CommentsPermalink
(4) The program is coordinated with other appropriate education and training programs.CommentsClose CommentsPermalink
Subtitle E--Transitional Housing Program for Youth Victims of Commercial Sexual Exploitation
SEC. 251. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION.
The Family Violence Prevention and Services Act (
`SEC. 319A. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION.
`(a) Authority for Program- The Secretary of Health and Human Services shall, to the extent amounts are made available for grants under this section, make grants and provide technical assistance under this section to public and nonprofit private entities to protect, treat, and promote a transition to self-sufficient living for youth subjected to trafficking through establishing and operating safe houses for such youth.CommentsClose CommentsPermalink
`(b) Eligibility for Assistance- Assistance under this section may be provided only for the establishment, strengthening, or funding of a facility or facilities, which may be group homes, host family homes, or supervised apartments, as residences for youth subjected to trafficking that--CommentsClose CommentsPermalink
`(1) provide voluntary and confidential access to such youth;CommentsClose CommentsPermalink
`(2) provide adequate and appropriate protection to such youth from sexual exploiters, including on-site supervision at each facility that is not a host family home;CommentsClose CommentsPermalink
`(3) provide such youth with appropriate services under subsection (d) to facilitate transition of the resident youth to self-sufficient living; andCommentsClose CommentsPermalink
`(4) provide a number of staff sufficient to ensure that all youth at the facility receive adequate supervision and services.CommentsClose CommentsPermalink
`(c) Supportive Services- Support services described in this subsection include the following:CommentsClose CommentsPermalink
`(1) outreach for the purpose of identifying youth subjected to trafficking;CommentsClose CommentsPermalink
`(2) preventative, primary care and specialty health services (including screening and treatment for sexually transmitted illnesses, counseling, mental health services, and substance abuse services);CommentsClose CommentsPermalink
`(3) habilitation and rehabilitation;CommentsClose CommentsPermalink
`(4) case management;CommentsClose CommentsPermalink
`(5) service coordination;CommentsClose CommentsPermalink
`(6) personal financial planning;CommentsClose CommentsPermalink
`(7) life skills education;CommentsClose CommentsPermalink
`(8) parenting education;CommentsClose CommentsPermalink
`(9) transportation;CommentsClose CommentsPermalink
`(10) vocational training;CommentsClose CommentsPermalink
`(11) employment and training;CommentsClose CommentsPermalink
`(12) education;CommentsClose CommentsPermalink
`(13) assistance in obtaining public benefits;CommentsClose CommentsPermalink
`(14) assistance in obtaining income support;CommentsClose CommentsPermalink
`(15) assistance in obtaining health insurance;CommentsClose CommentsPermalink
`(16) representative payee services;CommentsClose CommentsPermalink
`(17) legal assistance;CommentsClose CommentsPermalink
`(18) child care;CommentsClose CommentsPermalink
`(19) housing counseling;CommentsClose CommentsPermalink
`(20) recreational services;CommentsClose CommentsPermalink
`(21) leadership development; andCommentsClose CommentsPermalink
`(22) other services necessary for transition to self-sufficient living.CommentsClose CommentsPermalink
`(d) Term of Assistance- A facility assisted under this section may not provide residence, shelter, support services, or other assistance to any youth subjected to trafficking for a period of more than 730 days, except that a youth subjected to trafficking who, as of the last day of such a 730-day period of assistance, has not attained 21 years of age, may, if otherwise, continue to be provided such assistance until the youth attains 21 years of age.CommentsClose CommentsPermalink
`(e) Reports-CommentsClose CommentsPermalink
`(1) TO SECRETARY-CommentsClose CommentsPermalink
`(A) IN GENERAL- Each entity that receives a grant under this section shall annually prepare and submit to the Secretary a report describing the number of youths assisted, and the types of assistance provided, pursuant to this section.CommentsClose CommentsPermalink
`(B) CONTENTS- Each report shall include information regarding--CommentsClose CommentsPermalink
`(i) the purpose and amount of shelter provided to each youth assisted pursuant to this section;CommentsClose CommentsPermalink
`(ii) the number of months each youth was provided such assistance;CommentsClose CommentsPermalink
`(iii) the number of youth who were eligible for such assistance, but for whom the entity could not provide assistance solely due to a lack of available housing; andCommentsClose CommentsPermalink
`(iv) the type of services provided to each youth assisted pursuant to this section; andCommentsClose CommentsPermalink
`(v) such other information as the Secretary considers necessary or appropriate to carry out the purposes of this section.CommentsClose CommentsPermalink
`(2) TO CONGRESS- The Secretary shall annually prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in reports submitted to the Secretary under paragraph (1).CommentsClose CommentsPermalink
`(f) Evaluation, Monitoring, and Administration- Of the amount appropriated under subsection (h) for each fiscal year, the Secretary may use not more than 1 percent for evaluation, monitoring, and administrative costs under this section.CommentsClose CommentsPermalink
`(g) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
`(1) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of trafficking in persons' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (
`(2) SEX TRAFFICKING- The term `sex trafficking' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (
`(3) YOUTH SUBJECTED TO TRAFFICKING- The term `youth subjected to trafficking' means an individual, regardless of whether or not the individual is a citizen of the United States, who--CommentsClose CommentsPermalink
`(A) is the subject of sex trafficking or severe forms of trafficking in persons that occurs, in whole or in part, within the territorial jurisdiction of the United States; andCommentsClose CommentsPermalink
`(B) has attained at least 13 years of age and is not more than 24 years of age at the time the individual is identified as having been the subject of sex trafficking or severe forms of trafficking in persons.CommentsClose CommentsPermalink
`(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2008 and such sums as may be necessary for each fiscal years 2009 through 2012.CommentsClose CommentsPermalink
`(i) Regulations- The Secretary shall issue any regulations necessary or appropriate to carry out this section.'.CommentsClose CommentsPermalink
TITLE III--YOUTH ACCESS TO SUPPORTIVE SERVICES
SEC. 301. WORK OPPORTUNITY CREDIT.
(a) In General- Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking `or' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting `, or', and adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(J) a qualified homeless youth.'.CommentsClose CommentsPermalink
(b) Qualified Homeless Youth- Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (13) as paragraphs (12) through (14), respectively, and by inserting after paragraph (10) the following new paragraph:CommentsClose CommentsPermalink
`(11) QUALIFIED HOMELESS YOUTH- The term `qualified homeless youth' means any individual who is certified by the designated local agency--CommentsClose CommentsPermalink
`(A) as having attained age 16 but not age 25 on the hiring date; andCommentsClose CommentsPermalink
`(B) as being described in paragraph (2) of section 725 of the McKinney-Vento Homeless Assistance Act (
(c) Effective Date- The amendments made by this subsection shall apply to individuals who begin work for the employer after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 302. UNACCOMPANIED YOUTH ACCESS TO WORKFORCE INVESTMENT ACTIVITIES.
(a) Definition- Section 101 of the Workforce Investment Act of 1998 (
`(52) YOUTH- The term `youth' means an individual age 13 through 24.'.CommentsClose CommentsPermalink
(b) Representatives of Homeless Youth on WIA Youth Councils- Section 117(h)(2)(A) of the Workforce Investment Act of 1998 (
`(iii) representatives of organizations or agencies that provide assistance to runaway or homeless youth;'.CommentsClose CommentsPermalink
(c) Participation of Youth in WIA Activities Without Parental Consent- Section 112(b)(18)(B) of the Workforce Investment Act of 1998 (
SEC. 303. UNACCOMPANIED YOUTH ACCESS TO PUBLIC HEALTH SERVICES.
(a) Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youth-CommentsClose CommentsPermalink
(1) PRIORITIZATION OF SERVICES FOR RUNAWAY, HOMELESS, AND STREET YOUTH- Section 517(b) of the Public Health Service Act (
(A) in paragraph (1), by inserting `runaway, homeless, and street children and youth,' after `adolescent parents,'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by inserting `homelessness,' after `suicide,'.CommentsClose CommentsPermalink
(2) DEFINITION OF RUNAWAY, HOMELESS, AND STREET YOUTH AS HIGH RISK- Section 517(g) of the Public Health Service Act (
(A) in paragraph (9), by striking `or' after the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (10), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following paragraph:CommentsClose CommentsPermalink
`(11) is a runaway, homeless, or street youth.'.CommentsClose CommentsPermalink
(b) Substance Abuse Treatment Services for Children and Adolescents-CommentsClose CommentsPermalink
(1) TECHNICAL AMENDMENT- The second section 514 of the Public Health Service Act (
(2) PRIORITY- Section 514(b) of the Public Health Service Act (
(A) in paragraph (6), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (7), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(8) provide treatment and aftercare services to runaway, homeless, and street youth.'.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF APPROPRIATIONS- Section 514(f) of the Public Health Service Act (
(A) by striking `There are' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- There are';CommentsClose CommentsPermalink
(B) by striking `and' before `such sums';CommentsClose CommentsPermalink
(C) by inserting `, and $60,000,000 for each of fiscal years 2008 through 2012' before the period at the end; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(2) ALLOCATION- Of the amount appropriated to carry out this section for a fiscal year, $20,000,000 shall be for providing grants, contracts, and cooperative agreements under subsection (a) for treatment and aftercare services to runaway, homeless, and street youth.'.CommentsClose CommentsPermalink
(c) Grants for the Benefit of Homeless Individuals- Section 506(e) of the Public Health Service Act (
(1) by striking `and' before `such sums'; andCommentsClose CommentsPermalink
(2) by inserting `, and $100,000,000 for each of fiscal years 2008 through 2012' before the period at the end.CommentsClose CommentsPermalink
(d) Increased Collaboration Between SAMHSA and ACF-CommentsClose CommentsPermalink
(1) CENTER FOR SUBSTANCE ABUSE TREATMENT- Section 507(b) of the Public Health Service Act (
(A) in paragraph (13), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (14), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(15) collaborate with the Assistant Secretary for Children and Families to develop programs to provide substance abuse treatment services to--CommentsClose CommentsPermalink
`(A) children and families who have or had contact with the child welfare system; andCommentsClose CommentsPermalink
`(B) runaway, homeless, and street youth and their families.'.CommentsClose CommentsPermalink
(2) OFFICE FOR SUBSTANCE ABUSE PREVENTION- Section 515(b) of the Public Health Service Act (
(A) in paragraph (10), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (11), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(12) collaborate with the Assistant Secretary for Children and Families to develop programs to prevent alcohol abuse and drug abuse among--CommentsClose CommentsPermalink
`(A) children and families who have or had contact with the child welfare system; andCommentsClose CommentsPermalink
`(B) runaway, homeless, and street youth and their families.'.CommentsClose CommentsPermalink
(3) CENTER FOR MENTAL HEALTH SERVICES- Section 520(b) of the Public Health Service Act (
(A) in paragraph (14), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (15), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(16) collaborate with the Assistant Secretary for Children and Families to develop programs to provide mental health services to--CommentsClose CommentsPermalink
`(A) children and families who have or had contact with the child welfare system; andCommentsClose CommentsPermalink
`(B) runaway, homeless, and street youth and their families.'.CommentsClose CommentsPermalink
SEC. 304. ENHANCED YOUTH ACCESS TO MEDICAL ASSISTANCE UNDER MEDICAID.
(a) Requiring Coverage Under Medicaid of Youth Under Age 25 and Pregnant Women With Incomes That Do Not Exceed 300 Percent of Federal Poverty Level-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1902(a)(10)(A)(i) of the Social Security Act (
(A) in subclause (VI), by striking `or' at the end;CommentsClose CommentsPermalink
(B) in subclause (VII), by striking the semicolon at the end and inserting a comma; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subclause:CommentsClose CommentsPermalink
`(VIII) who are not otherwise described in this clause, who are under 25 years of age or pregnant and whose family income, or individual income in the case of unaccompanied youth (as defined in section 1905(y)), does not exceed 300 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved, or'.CommentsClose CommentsPermalink
(2) UNACCOMPANIED YOUTH DEFINED- Section 1905 of such Act (
`(y) The term `unaccompanied youth' means, with respect to a State, an individual who is under the age of majority, as specified by such State, and who is not in the physical custody of a parent or legal guardian.'.CommentsClose CommentsPermalink
(3) ADJUSTMENT IN FMAP TO ACCOUNT FOR EXPANDED COVERAGE- Section 1905 of the Social Security Act (
(A) in the first sentence of subsection (b)--CommentsClose CommentsPermalink
(i) by striking `and (4)' and inserting `(4)'; andCommentsClose CommentsPermalink
(ii) by inserting before the period at the end the following: `, and (5) the Federal medical assistance percentage for a State, with respect to youth-related medical assistance (as defined in paragraph (5) of subsection (z)) during a calendar quarter beginning after the effective date described in section 304(e) of the Place to Call Home Act applicable to such State, shall be the youth access medical assistance percentage for such State and quarter determined under such subsection'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(z) Computation of Youth Access Medical Assistance Percentage-CommentsClose CommentsPermalink
`(1) IN GENERAL- For purposes of clause (5) of the first sentence of subsection (b), the youth access medical assistance percentage determined under this subsection for a State for a calendar quarter in a fiscal year is equal to the ratio of--CommentsClose CommentsPermalink
`(A)(i) the total expenditures under the State plan under this title for the quarter that are attributable to youth-related medical assistance (as defined in paragraph (5)), lessCommentsClose CommentsPermalink
`(ii) the State share of basic expenditures for youth-related medical assistance described in paragraph (2) for the State and the quarter, toCommentsClose CommentsPermalink
`(B) the total expenditures referred to in subparagraph (A)(i).CommentsClose CommentsPermalink
`(2) STATE SHARE FOR BASIC EXPENDITURES FOR YOUTH-RELATED MEDICAL ASSISTANCE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The State share of basic expenditures for youth-related medical assistance for a State for a quarter in a fiscal year is equal to 1/4 of the product of the following:CommentsClose CommentsPermalink
`(i) BASE AMOUNT- The base FY 2006 amount (specified in subparagraph (B)) for the State.CommentsClose CommentsPermalink
`(ii) CHILD INCREASE FACTOR- One plus the percentage increase in the number of individuals under 25 years of age residing in the State, as estimated by the Secretary, from fiscal year 2006 to the fiscal year involved.CommentsClose CommentsPermalink
`(iii) COST INCREASE FACTOR- One plus the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average), as estimated by the Secretary, from fiscal year 2006 to the fiscal year involved.CommentsClose CommentsPermalink
`(B) BASE FY 2006 AMOUNT- For purposes of this paragraph, the `base FY 2006 amount' for a State is equal to the total amount of expenditures made by the State during calendar quarters in fiscal year 2006 under this title (including under any waiver under section 1115) that are attributable to youth-related medical assistance, including an appropriate portion of administrative expenses, reduced by the amount of Federal financial participation provided with respect to such expenditures.CommentsClose CommentsPermalink
`(3) COUNTER-CYCLICAL REDUCTION- The Secretary shall establish a formula for providing, in addition to the base Federal matching amounts, automatic supplemental assistance to States that experience a sustained economic downturn, based upon State's quarterly unemployment rate exceeding the State's average of such rates during a period of previous calendar quarters (in such number as the Secretary shall specify) and by a percentage to be determined by the Secretary and in an amount calculated on the basis of the relationship between changes in unemployment and anticipated increases in providing services under this title. The supplemental assistance shall be distributed quarterly through a supplement to the State's Federal payment under this title and shall be for such duration as the Secretary determines appropriate.CommentsClose CommentsPermalink
`(4) TREATMENT OF TERRITORIES- In the case of States that are not one of the 50 States or the District of Columbia, the Secretary shall by regulation establish an equitable formula for allocating funds to provide youth-related medical assistance to individuals residing in such States. The additional Federal financial participation under this title, with respect to a fiscal year, that results from such assistance for such fiscal year that is attributable to the amendments made by section 304 of the Place to Call Home Act shall not be counted towards the limitation on expenditures under this title for such a State otherwise determined under subsections (f) and (g) of section 1108.CommentsClose CommentsPermalink
`(5) YOUTH-RELATED MEDICAL ASSISTANCE- For purposes of this subsection, the term `youth-related medical assistance' means medical assistance provided to individuals who are under 25 years of age or during pregnancy (or during the period ending with the end of the month in which the 60-day period, beginning on the date of termination of a pregnancy, ends).'.CommentsClose CommentsPermalink
(4) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 1902(e)(3)(A) (
(B) Section 1902(e)(12) (
(C) Section 1905(a)(i) (
(D) Section 1920A(b)(1) (
(E) Section 1928(h)(1) (
(F) Section 1932(a)(2)(A) (
(b) Independent Foster Care Adolescents Established as Mandatory Category (and Not Optional Category) of Individuals for Medicaid Coverage; Coverage of Such Adolescents Under 25 Years of Age-CommentsClose CommentsPermalink
(1) ESTABLISHMENT AS MANDATORY CATEGORY- Section 1902(a)(10)(A)(i) of the Social Security Act (
`(IX) who are independent foster care adolescents (as defined in section 1905(w)(1)); and'.CommentsClose CommentsPermalink
(2) EXPANDED COVERAGE THROUGH AGE 24- Section 1905(w) of such Act (
(A) in paragraph (1), by inserting `, subject to paragraph (3),' after `means';CommentsClose CommentsPermalink
(B) in paragraph (1)(A), by striking `under 21' and inserting `under 25'; andCommentsClose CommentsPermalink
(C) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking `section 1902(a)(10)(A)(ii)(XVII)' and inserting `section 1902(a)(10)(A)(i)(IX)'; andCommentsClose CommentsPermalink
(ii) by striking `18 years of age' and inserting `25 years of age'.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 1902(a)(10)(A)(ii) of such Act (
(B) Section 1903(f)(4) of such Act (
(c) Cost-Sharing Protections for Children and Pregnant Women-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1916 of the Social Security Act (
(A) in subsection (a), by striking `subsections (g) and (i)' and inserting `subsections (g), (i), and (j)'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(j)(1) The provisions of this subsection shall apply to all children and pregnant women (including women during the period ending with the end of the month that ends 60 days after the date of determination of a pregnancy) eligible for medical assistance under this title and shall supersede any contrary provision of this title.CommentsClose CommentsPermalink
`(2) In the case of an individual described in paragraph (1), there shall be no premium imposed for coverage under this title.CommentsClose CommentsPermalink
`(3) Subject to paragraph (5), in the case of an individual described in paragraph (1) whose family income--CommentsClose CommentsPermalink
`(A) does not exceed 200 percent of the poverty line, there shall be no out-of-pocket cost-sharing imposed under this title; orCommentsClose CommentsPermalink
`(B) exceeds 200 percent, but does not exceed 300 percent, of the poverty line, only nominal out-of-pocket cost-sharing may be imposed under this title.CommentsClose CommentsPermalink
In no case shall an individual described in paragraph (1) be denied services under this title because of failure to pay out-of-pocket cost sharing.CommentsClose CommentsPermalink
`(4) A State may elect to waive or reduce out-of-pocket cost-sharing otherwise authorized under this subsection.CommentsClose CommentsPermalink
`(5)(A) For each individual described in paragraph (1), premiums and out-of-pocket cost-sharing may not exceed the levels that would have been charged for that individual under this title as of October 1, 2005, updated in a manner specified by the Secretary based on changes, after that date, to average earnings among families with incomes that do not exceed 200 percent of the poverty line.CommentsClose CommentsPermalink
`(B) The State plan shall provide effective measures, consistent with standards established by the Secretary, to further limit out-of-pocket cost-sharing (taking into account both premiums and cost-sharing) of all individuals described in paragraph (1) to affordable levels, for both individual health care services and total family costs. Such measures may include coding of each individual's enrollment card. Such measures may not include a requirement that households track incurred costs.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 1916A(a)(1) of such Act (
(d) Requirement To Permit Unaccompanied Youth to Apply for Medical Assistance- Section 1902(a) of such Act (
(1) in paragraph (69), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (70), by striking at the end the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (70) the following new paragraph:CommentsClose CommentsPermalink
`(71) provide that the State has in place policies and procedures to ensure that an unaccompanied youth, as defined in section 1905(y), may apply for medical assistance under the State plan without the consent of a parent or legal guardian.'.CommentsClose CommentsPermalink
(e) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 2007, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.CommentsClose CommentsPermalink
(2) EXCEPTION IF STATE LEGISLATION REQUIRED- In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink
TITLE IV--YOUTH ACCESS TO ELEMENTARY AND SECONDARY EDUCATION
SEC. 401. INCREASED ACCESS TO 21ST CENTURY COMMUNITY LEARNING CENTERS.
Section 4203(a) of the Elementary and Secondary Education Act of 1965 (
(1) in paragraph (10) by inserting after `participating students' the following: `, including homeless children and youths,';CommentsClose CommentsPermalink
(2) in paragraph (13) by striking `and' at the end;CommentsClose CommentsPermalink
(3) in paragraph (14) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(15) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how they will ensure the participation, attendance, and success of eligible homeless children and youths, paying particular attention to the needs of unaccompanied youth.'.CommentsClose CommentsPermalink
SEC. 402. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
The McKinney-Vento Homeless Assistance Act is amended--CommentsClose CommentsPermalink
(1) in section 722(g) (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (F), by amending clause (ii) to read as follows:CommentsClose CommentsPermalink
`(ii) homeless youths, including youths separated from the public schools, are identified and accorded access to appropriate secondary education and support services, including through the implementation of policies and practices to ensure that such youths are able to receive credit for full or partial coursework satisfactorily completed while attending a prior school and are afforded opportunities to recover credits lost during periods of homelessness; and'; andCommentsClose CommentsPermalink
(ii) in subparagraph (J)--CommentsClose CommentsPermalink
(I) in clause (ii), by striking `and' at end; andCommentsClose CommentsPermalink
(II) in clause (iii)--CommentsClose CommentsPermalink
(aa) in the matter preceding subclause (I), by striking the colon at the end and inserting `--';CommentsClose CommentsPermalink
(bb) in subclause (I)--CommentsClose CommentsPermalink
(AA) by striking `If the homeless child' and inserting `if the homeless child'; andCommentsClose CommentsPermalink
(BB) by striking the period at the end and inserting `; and';CommentsClose CommentsPermalink
(cc) in subclause (II)--CommentsClose CommentsPermalink
(AA) by striking `If the homeless child's' and inserting `if the homeless child's'; andCommentsClose CommentsPermalink
(BB) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(dd) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(iv) the State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youths have opportunities to meet the same challenging State student academic achievement standards to which other students are held and are able to participate fully in all classes and school activities, including extracurricular activities, athletic activities for which such children and youths meet skill-level requirements, before- and after-school programs, summer school programs, field trips, and classes, tests, activities with additional fees, services provided under title I of the Elementary and Secondary Education Act of 1965 and similar State and local programs, and other activities made available to nonhomeless students, and that such policies and practices will pay particular attention to removing barriers related to fees, credit accrual policies, guardianship, and transportation issues.';CommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) SCHOOL STABILITY- In determining the educational best interest of the child or youth under subparagraph (A), and to promote the school stability of the child or youth, the local educational agency shall--CommentsClose CommentsPermalink
`(i) presume that continuing in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the wishes of the child's or youth's parent or guardian or the unaccompanied youth;CommentsClose CommentsPermalink
`(ii) consider student-centered factors related to the child's or youth's educational best interest, in coordination with the parent, guardian, or youth, including--CommentsClose CommentsPermalink
`(I) the harmful impact of school mobility on academic achievement and social and emotional well-being;CommentsClose CommentsPermalink
`(II) the age of the child or youth;CommentsClose CommentsPermalink
`(III) the impact any commute may have on the child's or youth's education;CommentsClose CommentsPermalink
`(IV) personal safety issues;CommentsClose CommentsPermalink
`(V) the child's or youth's need for special instruction, including special education and related services;CommentsClose CommentsPermalink
`(VI) the length of anticipated stay in temporary shelter or other temporary location;CommentsClose CommentsPermalink
`(VII) the time remaining in the school year; andCommentsClose CommentsPermalink
`(VIII) the school placement of family members;CommentsClose CommentsPermalink
`(iii) provide the child's or youth's parent or guardian or the unaccompanied youth with a written explanation, in a manner and form understandable to such parent, guardian, or youth, including a statement regarding the right to appeal under subparagraph (E), if the local educational agency determines that it is not in the child's or youth's best interest to attend the school of origin or the school requested by the parent, guardian, or youth;CommentsClose CommentsPermalink
`(iv) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E); andCommentsClose CommentsPermalink
`(v) provide transportation pursuant to subsections (g)(1)(J)(iii) and (g)(4).';CommentsClose CommentsPermalink
(ii) in subparagraph (C)--CommentsClose CommentsPermalink
(I) by amending clause (i) to read as follows:CommentsClose CommentsPermalink
`(i) The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, regardless of whether the child or youth--CommentsClose CommentsPermalink
`(I) is unable to produce records normally required for enrollment, including previous academic records, immunization and other required health records and screenings, proof of residency or guardianship, or other documentation;CommentsClose CommentsPermalink
`(II) has unpaid school fees from prior schools and is unable to pay fees in the school selected; orCommentsClose CommentsPermalink
`(III) has missed application deadlines during any period of homelessness.';CommentsClose CommentsPermalink
(II) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(iv) Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent.'; andCommentsClose CommentsPermalink
(iii) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink
`(D) RECORDS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Any record ordinarily kept by the school, including immunization or medical records or other health records and screenings, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be--CommentsClose CommentsPermalink
`(I) maintained so that such records are available, in a timely fashion, when a child or youth enters a new school or school district;CommentsClose CommentsPermalink
`(II) immediately sent to the enrolling school, regardless of whether the student owes fees or fines or was not withdrawn from the previous school in conformance with local withdrawal procedures; andCommentsClose CommentsPermalink
`(III) handled in a manner consistent with section 444 of the General Education Provisions Act (
`(ii) RELEASE- School records needed for academic placement decisions shall be released immediately by fax or other available electronic means.'; andCommentsClose CommentsPermalink
(C) in paragraph (6)(A)--CommentsClose CommentsPermalink
(i) in clause (vi), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) in clause (vii), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(viii) unaccompanied youths are enrolled in school and have opportunities to meet the same challenging State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subsections (g)(1)(F)(ii) and (g)(1)(J)(iv).';CommentsClose CommentsPermalink
(2) in section 725(6) (
(3) in section 726 (
SEC. 403. GRANTS TO INCREASE STUDENT ATTENDANCE.
(a) In General- Subpart 2 of part A of title IV of the Elementary and Secondary Education Act (
`SEC. 4131. GRANTS TO INCREASE STUDENT ATTENDANCE.
`(a) In General- The Secretary shall award grants from funds made available to carry out this section to eligible entities for the purpose increasing student attendance at school by developing innovative policies, programs, and practices to prevent, provide alternatives to, and resolve truancy, suspension, and expulsion among students.CommentsClose CommentsPermalink
`(b) Eligible Entities- For purposes of this section, the term `eligible entity' means--CommentsClose CommentsPermalink
`(1) a local educational agency;CommentsClose CommentsPermalink
`(2) a State educational agency; orCommentsClose CommentsPermalink
`(3) an Indian tribe.CommentsClose CommentsPermalink
`(c) Use of Funds- Funds received under this section may be used--CommentsClose CommentsPermalink
`(1) to foster collaboration between school systems, law enforcement, courts, juvenile justice, child welfare, and social service systems, and community-based organizations, including faith-based organizations, for the purpose of this section;CommentsClose CommentsPermalink
`(2) to train school system personnel in positive behavioral interventions and supports and graduated discipline policies and practices;CommentsClose CommentsPermalink
`(3) to support innovative policies, programs, and practices determined by the Secretary to be effective at increasing student attendance at school, such as dedicated attendance workers, home visitation, truancy courts, youth courts, and mediation; andCommentsClose CommentsPermalink
`(4) to provide opportunities for student support services personnel to staff in-school suspension and expulsion programs.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2013.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 4003(2) of such Act (
TITLE V--YOUTH ACCESS TO POSTSECONDARY EDUCATION
SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ACCESS TO HEALTH CARE BY MINORS AT LEAST 13 YEARS OF AGE.
It is the sense of the Congress that the legislatures of the States should enact laws--CommentsClose CommentsPermalink
(1) that permit health care providers to furnish services to minors who are at least 13 years of age without the notification or consent of any individual other than such a minor involved; andCommentsClose CommentsPermalink
(2) with respect to any such services so furnished by a health care provider to such a minor, that ensure the confidentiality of such services.CommentsClose CommentsPermalink
SEC. 502. FINANCIAL ASSISTANCE FOR DISCONNECTED STUDENTS.
(a) Special Circumstances- Section 479A(a) of the Higher Education Act of 1965 (
(b) Independent Students- Section 480(d) of the Higher Education Act of 1965 (
`(d) Independent Student-CommentsClose CommentsPermalink
`(1) DEFINITION- The term `independent', when used with respect to a student, means any individual who--CommentsClose CommentsPermalink
`(A) is 24 years of age or older by December 31 of the award year;CommentsClose CommentsPermalink
`(B) is an orphan, in foster care, or a ward of the court, or was in foster care or a ward of the court until the individual reached the age of 18;CommentsClose CommentsPermalink
`(C) is an adjudicated or convicted juvenile, was an adjudicated juvenile until the juvenile reached the upper age of juvenile court jurisdiction, or was a convicted juvenile who completed the sentence for such juvenile conviction prior to reaching the age of majority;CommentsClose CommentsPermalink
`(D) is an emancipated youth, as defined by the student's State of legal residence;CommentsClose CommentsPermalink
`(E) is in legal guardianship, as defined in section 475 of the Social Security Act (
`(F) is a veteran of the Armed Forces of the United States (as defined in subsection (c)(1)) or is currently serving on active duty in the Armed Forces for other than training purposes;CommentsClose CommentsPermalink
`(G) is a graduate or professional student;CommentsClose CommentsPermalink
`(H) is a married individual;CommentsClose CommentsPermalink
`(I) has legal dependents other than a spouse;CommentsClose CommentsPermalink
`(J) has been verified as both a homeless child or youth and an unaccompanied youth, as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act (
`(i) a local educational agency liaison for homeless children and youths, as designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (
`(ii) a director of a homeless shelter, transitional shelter, basic center, transitional living program, or independent living program; orCommentsClose CommentsPermalink
`(iii) a financial aid administrator; orCommentsClose CommentsPermalink
`(K) is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.CommentsClose CommentsPermalink
`(2) SIMPLIFYING THE DEPENDENCY OVERRIDE PROCESS- Nothing in this subsection shall be construed to prohibit a financial aid administrator from making a determination of independence under paragraph (1)(J) based upon a documented determination of independence under such paragraph that was previously made by another financial aid administrator in the same application year.'.CommentsClose CommentsPermalink
(c) Tailoring Electronic Applications for Students With Special Circumstances- Section 483(a) of the Higher Education Act of 1965 (
`(8) APPLICATIONS FOR STUDENTS SEEKING A DOCUMENTED DETERMINATION OF INDEPENDENCE- In the case of a student seeking a documented determination of independence by a financial aid administrator, as described in section 480(d)(1)(J), nothing in this section shall prohibit the Secretary from--CommentsClose CommentsPermalink
`(A) allowing such student to indicate the student's special circumstance on the electronic version of a form developed under paragraph (5);CommentsClose CommentsPermalink
`(B) collecting and processing, on a preliminary basis, data provided by such student using the electronic version of the form; orCommentsClose CommentsPermalink
`(C) distributing such data to States, institutions of higher education, and guaranty agencies for the purposes of processing loan applications and determining need and eligibility for institutional and State financial aid awards for such student on a preliminary basis, pending a documented determination of independence by a financial aid administrator.'.CommentsClose CommentsPermalink
SEC. 503. FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS FOR DISCONNECTED STUDENTS.
(a) Federal TRIO Programs-CommentsClose CommentsPermalink
(1) DEFINITION OF HOMELESS CHILDREN AND YOUTHS- Section 402A(g) of the Higher Education Act of 1965 (
(A) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;CommentsClose CommentsPermalink
(B) in paragraph (5), as so redesignated, by striking `paragraph (3) if' and inserting `paragraph (4) if'; andCommentsClose CommentsPermalink
(C) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) HOMELESS CHILDREN AND YOUTHS- The term `homeless children and youths' has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act (
(2) TALENT SEARCH- Section 402B(b)(10) of the Higher Education Act of 1965 (
`(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for--CommentsClose CommentsPermalink
`(A) students of limited English proficiency;CommentsClose CommentsPermalink
`(B) students who are homeless children and youths;CommentsClose CommentsPermalink
`(C) students who are in foster care or are aging out of the foster care system;CommentsClose CommentsPermalink
`(D) students who are adjudicated or convicted juveniles or who are exiting the juvenile justice or criminal justice systems; andCommentsClose CommentsPermalink
`(E) students who are pregnant or parenting.'.CommentsClose CommentsPermalink
(3) UPWARD BOUND- Section 402C(b)(12) of the Higher Education Act of 1965 (
`(12) programs and activities as described in paragraphs (1) through (11) which are specially designed for--CommentsClose CommentsPermalink
`(A) students of limited English proficiency;CommentsClose CommentsPermalink
`(B) students who are homeless children and youths;CommentsClose CommentsPermalink
`(C) students who are in foster care or are aging out of the foster care system;CommentsClose CommentsPermalink
`(D) students who are adjudicated or convicted juveniles or who are exiting the juvenile justice or criminal justice systems; andCommentsClose CommentsPermalink
`(E) students who are pregnant or parenting.'.CommentsClose CommentsPermalink
(4) STUDENT SUPPORT SERVICES- Section 402D of the Higher Education Act of 1965 (
(A) in subsection (a)(3)--CommentsClose CommentsPermalink
(i) by striking `students and' and inserting `students,'; andCommentsClose CommentsPermalink
(ii) by inserting `, students who are homeless children and youths, students who are in foster care or are aging out of the foster care system, students who are adjudicated or convicted juveniles or who are exiting the juvenile justice or criminal justice systems, and students who are pregnant or parenting' before the period; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (9), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(ii) by amending paragraph (10) to read as follows:CommentsClose CommentsPermalink
`(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for--CommentsClose CommentsPermalink
`(A) students of limited English proficiency;CommentsClose CommentsPermalink
`(B) students who are homeless children and youths;CommentsClose CommentsPermalink
`(C) students who are in foster care or are aging out of the foster care system;CommentsClose CommentsPermalink
`(D) students who are adjudicated or convicted juveniles or who are exiting the juvenile justice or criminal justice systems;CommentsClose CommentsPermalink
`(E) students who are pregnant or parenting; and'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(11) assistance in securing housing for--CommentsClose CommentsPermalink
`(A) students who are, or who were, homeless children and youths;CommentsClose CommentsPermalink
`(B) students who are aging out of the foster care system;CommentsClose CommentsPermalink
`(C) students who are exiting the juvenile justice or criminal justice systems; orCommentsClose CommentsPermalink
`(D) students who are pregnant or parenting.'.CommentsClose CommentsPermalink
(5) EDUCATIONAL OPPORTUNITY CENTERS- Section 402F(b)(10) of the Higher Education Act of 1965 (
`(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for--CommentsClose CommentsPermalink
`(A) students of limited English proficiency;CommentsClose CommentsPermalink
`(B) students who are homeless children and youths;CommentsClose CommentsPermalink
`(C) students who are in foster care or are aging out of the foster care system;CommentsClose CommentsPermalink
`(D) students who are adjudicated or convicted juveniles or who are exiting the juvenile justice or criminal justice systems; andCommentsClose CommentsPermalink
`(E) students who are pregnant or parenting.'.CommentsClose CommentsPermalink
(6) STAFF DEVELOPMENT ACTIVITIES- Section 402G(b)(3) of the Higher Education Act of 1965 (
(b) GEAR-UP Programs-CommentsClose CommentsPermalink
(1) REQUIREMENTS FOR GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS- Section 404B(c)(2) of the Higher Education Act of 1965 (
(2) EARLY INTERVENTION USE OF FUNDS- Section 404D(b)(2)(C) of the Higher Education Act of 1965 (
SEC. 504. PROJECTS TO INCREASE ENROLLMENT AND SUCCESS OF DISCONNECTED STUDENTS IN POSTSECONDARY EDUCATION.
Part A of title IV of the Higher Education Act of 1965 (
`Subpart 9--Projects to Increase Enrollment and Success of Disconnected Students
`SEC. 420K. PURPOSE.
`It is the purpose of this subpart to support projects in order to--CommentsClose CommentsPermalink
`(1) increase the secondary school graduation rates of disconnected students;CommentsClose CommentsPermalink
`(2) increase the academic success of disconnected students in secondary school; andCommentsClose CommentsPermalink
`(3) increase the enrollment and success of disconnected students in higher education.CommentsClose CommentsPermalink
`SEC. 420L. DEFINITIONS.
`In this subpart:CommentsClose CommentsPermalink
`(1) DISCONNECTED STUDENTS- The term `disconnected students' means students who are--CommentsClose CommentsPermalink
`(A) homeless children and youths, as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (
`(B) orphans, in foster care, or wards of the court, or who were in foster care or were wards of the court until the students reached the age of 18;CommentsClose CommentsPermalink
`(C) adjudicated or convicted juveniles, or who were adjudicated juveniles until the juveniles reached the upper age of juvenile court jurisdiction, or who were convicted juveniles who completed the sentence for the juvenile conviction prior to reaching the age of majority; orCommentsClose CommentsPermalink
`(D) pregnant or parenting youth.CommentsClose CommentsPermalink
`(2) SECRETARY- The term `Secretary' means the Secretary of Education.CommentsClose CommentsPermalink
`SEC. 420M. GRANTS AUTHORIZED.
`(a) Competitive Grants Authorized- Subject to the availability of appropriations, the Secretary shall award grants, contracts, and cooperative agreements, on a competitive basis, to partnerships consisting of public and nonprofit organizations. Such partnerships may include--CommentsClose CommentsPermalink
`(1) one or more local educational agencies;CommentsClose CommentsPermalink
`(2) one or more degree-granting institutions of higher education;CommentsClose CommentsPermalink
`(3) a recipient of a grant under subtitle B or C of title IV of the McKinney-Vento Homeless Assistance Act (
`(4) businesses, community-based organizations, faith-based organizations, State agencies, or other public or private agencies or organizations.CommentsClose CommentsPermalink
`(b) Duration- Grants, contracts, and cooperative agreements under this subpart shall be awarded for a period of not more than 3 years.CommentsClose CommentsPermalink
`(c) Applications- Each partnership desiring to receive a grant, contract, or cooperative agreement under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include--CommentsClose CommentsPermalink
`(1) a description of how the partnership plans to carry out the activities required under this subpart;CommentsClose CommentsPermalink
`(2) a description of how the partnership will coordinate and collaborate with transportation, education, housing, social services, health, workforce investment, juvenile justice, and child welfare agencies to carry out the activities required under this subpart; andCommentsClose CommentsPermalink
`(3) an assurance that the partnership will demonstrate that, to the maximum extent practicable, the partnership is--CommentsClose CommentsPermalink
`(A) utilizing other resources (including Federal, State, and local funds, and other community resources) to provide housing to disconnected students who are enrolled in institutions of higher education during periods when housing at the institution of higher education is generally unavailable to other students; andCommentsClose CommentsPermalink
`(B) utilitizing other resources (including Federal, State, and local funds, and other community resources) to provide campus-based child care to disconnected students who are enrolled in institutions of higher education.CommentsClose CommentsPermalink
`(d) Award Considerations- In awarding grants, contracts, or cooperative agreements under this subpart, the Secretary shall consider the following:CommentsClose CommentsPermalink
`(1) The number of disconnected students identified in the area proposed to be served by the partnership.CommentsClose CommentsPermalink
`(2) The extent to which the partnership has demonstrated interagency collaboration among transportation, education, housing, social services, child welfare, health, workforce investment, and juvenile justice agencies.CommentsClose CommentsPermalink
`(e) Authorized Activities- Grants, contracts, and cooperative agreements under this subpart shall be used to carry out one or more of the following activities:CommentsClose CommentsPermalink
`(1) Services designed to assist disconnected students in the completion of secondary school and in increasing academic success, such as--CommentsClose CommentsPermalink
`(A) supplemental educational services;CommentsClose CommentsPermalink
`(B) academic counseling;CommentsClose CommentsPermalink
`(C) skills assessment; andCommentsClose CommentsPermalink
`(D) exposure to cultural events, academic programs, and other activities not usually available to disconnected students.CommentsClose CommentsPermalink
`(2) Services designed to assist disconnected students with matriculation in an institution of higher education, such as--CommentsClose CommentsPermalink
`(A) academic advice and assistance in course selection;CommentsClose CommentsPermalink
`(B) assistance in completing college admission and financial aid applications; andCommentsClose CommentsPermalink
`(C) assistance in preparing for college entrance examinations.CommentsClose CommentsPermalink
`(3) The direct provision of, or arrangement for, supportive services (including supportive services provided by or at the institution of higher education) that assist disconnected students enrolled in an institution of higher education with achieving success in higher education, including--CommentsClose CommentsPermalink
`(A) outreach to connect disconnected students to supportive services;CommentsClose CommentsPermalink
`(B) life skills education;CommentsClose CommentsPermalink
`(C) subsidies for, or assistance with arranging, transportation from the student's living arrangement to the institution of higher education;CommentsClose CommentsPermalink
`(D) case management;CommentsClose CommentsPermalink
`(E) service coordination;CommentsClose CommentsPermalink
`(F) emergency assistance, including food, clothing, and hygiene items;CommentsClose CommentsPermalink
`(G) assistance with--CommentsClose CommentsPermalink
`(i) obtaining income support;CommentsClose CommentsPermalink
`(ii) obtaining health insurance;CommentsClose CommentsPermalink
`(iii) applying for and obtaining veterans benefits and other public benefits;CommentsClose CommentsPermalink
`(iv) obtaining campus-based child care;CommentsClose CommentsPermalink
`(v) obtaining permanent housing; andCommentsClose CommentsPermalink
`(vi) in the case of homeless students, obtaining housing at the institution of higher education when such housing is closed or generally unavailable to other students; andCommentsClose CommentsPermalink
`(H) referrals to--CommentsClose CommentsPermalink
`(i) supplemental educational services;CommentsClose CommentsPermalink
`(ii) employment and training services;CommentsClose CommentsPermalink
`(iii) personal financial planning and housing counseling;CommentsClose CommentsPermalink
`(iv) legal aid;CommentsClose CommentsPermalink
`(v) health services, including primary and preventive health services, family planning, pediatric care, mental health, substance abuse, and specialty care services;CommentsClose CommentsPermalink
`(vi) parenting education;CommentsClose CommentsPermalink
`(vii) child care;CommentsClose CommentsPermalink
`(viii) victim services; andCommentsClose CommentsPermalink
`(ix) homelessness prevention services.CommentsClose CommentsPermalink
`SEC. 420N. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subpart $45,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.'.CommentsClose CommentsPermalink
SEC. 505. CONTINUAL ACCESS TO STUDENT HOUSING FOR HOMELESS YOUTH.
Part A of title IV of the Higher Education Act of 1965 (
`Subpart 10--Continual Access to Student Housing for Homeless Youth
`SEC. 420O. CONTINUAL ACCESS TO STUDENT HOUSING FOR HOMELESS YOUTH.
`(a) Grants Authorized- The Secretary of Education is authorized to award grants to institutions of higher education to provide housing to eligible students during periods when housing at the institution of higher education is closed or generally unavailable to other students.CommentsClose CommentsPermalink
`(b) Regulations- The Secretary of Education is authorized to issue such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink
`(c) Definitions- For the purposes of this section:CommentsClose CommentsPermalink
`(1) ELIGIBLE STUDENT- The term `eligible student' means an individual--CommentsClose CommentsPermalink
`(A) who is enrolled at an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (
`(B) who meets the definition of homeless children and youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act (
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act of 1965 (
`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $45,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.'.CommentsClose CommentsPermalink
TITLE VI--YOUTH PERMANENT HOUSING
SEC. 601. HOUSING CHOICE VOUCHERS FOR RENTAL ASSISTANCE FOR HOMELESS YOUTH.
Subsection (o) of section 8 of the United States Housing Act of 1937 (
`(21) RENTAL VOUCHERS FOR HOMELESS YOUTH-CommentsClose CommentsPermalink
`(A) SET ASIDE- Subject to subparagraph (C), the Secretary shall set aside and transfer to the Secretary of Health and Human Services, from amounts made available for rental assistance under this subsection, the amount specified in subparagraph (B) for use only for providing such assistance for homeless youth. For purposes of this subparagraph, the term `homeless youth' has the meaning given such term in section 387 of the Runaway and Homeless Youth Act (
`(B) AMOUNT- The amount specified in this subparagraph is, for fiscal year 2008 and each fiscal year thereafter, the amount necessary to provide at least 20,000 vouchers for rental assistance under this subsection.CommentsClose CommentsPermalink
`(C) ADMINISTRATION OF VOUCHER PROGRAM- The Secretary of Health and Human Services may use amounts transferred under this paragraph only for funding contracts for rental assistance under this paragraph to be administered by entities that receive grants under part B of the Runaway and Homeless Youth Act (
`(D) FUNDING- The budget authority made available under any other provisions of law for rental assistance under this subsection for fiscal year 2008 and each fiscal year thereafter is authorized to be increased in each such fiscal year by such sums as may be necessary to provide the number of vouchers specified in subparagraph (B) for such fiscal year.'.CommentsClose CommentsPermalink
SEC. 602. FAMILY UNIFICATION VOUCHERS FOR TRANSITIONING FOSTER CARE YOUTH.
Clause (B) of section 8(x)(2) of the United States Housing Act of 1937 (
(1) by striking `for a period not to exceed 18 months,'; andCommentsClose CommentsPermalink
(2) by striking `not more than 21' and inserting `are under 25'.CommentsClose CommentsPermalink
SEC. 603. INCLUSION OF YOUTH IN HOUSING PLANS.
(a) Public Housing Agency Plans- Paragraph (1) of section 5A(d) of the United States Housing Act of 1937 (
(b) Comprehensive Housing Affordability Strategies-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 105 of the Cranston-Gonzalez National Affordable Housing Act (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1), by inserting `youth who are at least 13 years of age but younger than 25 years of age,' after `acquired immunodeficiency syndrome,'; andCommentsClose CommentsPermalink
(ii) in paragraph (20), by striking `service' and inserting `youth service and other service'; andCommentsClose CommentsPermalink
(B) in subsection (e)(1), by inserting `youth who are at least 13 years of age but younger than 25 years of age,' after `homeless persons,'.CommentsClose CommentsPermalink
(2) CONSOLIDATED PLANS- The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to youth and youth service agencies in all such plans.CommentsClose CommentsPermalink
SEC. 604. SENSE OF CONGRESS REGARDING RIGHT OF MINORS TO ENTER INTO CONTRACTS FOR NECESSITIES.
It is the sense of the Congress that each State should enact a law sufficient to permit minors to contract for necessities, including real property, employment, educational loans, admission to school, medical and mental health care and treatment, bank accounts, utilities, and admission to shelter, housing, and supportive services programs, without co-signature by an adult or by a representative of a State or local agency, or a private or private nonprofit organization.CommentsClose CommentsPermalink
SEC. 605. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION.
The Family Violence Prevention and Services Act (
`SEC. 319A. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION.
`(a) Authority for Program- The Secretary of Health and Human Services shall, to the extent amounts are made available for grants under this section, make grants and provide technical assistance under this section to public and nonprofit private entities to protect, treat, and promote a transition to self-sufficient living for youth subjected to trafficking through establishing and operating safe houses for such youth.CommentsClose CommentsPermalink
`(b) Eligibility for Assistance- Assistance under this section may be provided only for the establishment, strengthening, or funding of a facility or facilities, which may be group homes, host family homes, or supervised apartments, as residences for youth subjected to trafficking that--CommentsClose CommentsPermalink
`(1) provide voluntary and confidential access to such youth;CommentsClose CommentsPermalink
`(2) provide adequate and appropriate protection to such youth from sexual exploiters, including on-site supervision at each facility that is not a host family home;CommentsClose CommentsPermalink
`(3) provide such youth with appropriate services under subsection (d) to facilitate transition of the resident youth to self-sufficient living; andCommentsClose CommentsPermalink
`(4) provide a number of staff sufficient to ensure that all youth at the facility receive adequate supervision and services.CommentsClose CommentsPermalink
`(c) Supportive Services- Support services described in this subsection include the following:CommentsClose CommentsPermalink
`(1) outreach for the purpose of identifying youth subjected to trafficking;CommentsClose CommentsPermalink
`(2) preventative, primary care and specialty health services (including screening and treatment for sexually transmitted illnesses, counseling, mental health services, and substance abuse services);CommentsClose CommentsPermalink
`(3) habilitation and rehabilitation;CommentsClose CommentsPermalink
`(4) case management;CommentsClose CommentsPermalink
`(5) service coordination;CommentsClose CommentsPermalink
`(6) personal financial planning;CommentsClose CommentsPermalink
`(7) life skills education;CommentsClose CommentsPermalink
`(8) parenting education;CommentsClose CommentsPermalink
`(9) transportation;CommentsClose CommentsPermalink
`(10) vocational training;CommentsClose CommentsPermalink
`(11) employment and training;CommentsClose CommentsPermalink
`(12) education;CommentsClose CommentsPermalink
`(13) assistance in obtaining public benefits;CommentsClose CommentsPermalink
`(14) assistance in obtaining income support;CommentsClose CommentsPermalink
`(15) assistance in obtaining health insurance;CommentsClose CommentsPermalink
`(16) representative payee services;CommentsClose CommentsPermalink
`(17) legal assistance;CommentsClose CommentsPermalink
`(18) child care;CommentsClose CommentsPermalink
`(19) housing counseling;CommentsClose CommentsPermalink
`(20) recreational services;CommentsClose CommentsPermalink
`(21) leadership development; andCommentsClose CommentsPermalink
`(22) other services necessary for transition to self-sufficient living.CommentsClose CommentsPermalink
`(d) Term of Assistance- A facility assisted under this section may not provide residence, shelter, support services, or other assistance to any youth subjected to trafficking for a period of more than 730 days, except that a youth subjected to trafficking who, as of the last day of such a 730-day period of assistance, has not attained 21 years of age, may, if otherwise, continue to be provided such assistance until the youth attains 21 years of age.CommentsClose CommentsPermalink
`(e) Reports-CommentsClose CommentsPermalink
`(1) TO SECRETARY-CommentsClose CommentsPermalink
`(A) IN GENERAL- Each entity that receives a grant under this section shall annually prepare and submit to the Secretary a report describing the number of youths assisted, and the types of assistance provided, pursuant to this section.CommentsClose CommentsPermalink
`(B) CONTENTS- Each report shall include information regarding--CommentsClose CommentsPermalink
`(i) the purpose and amount of shelter provided to each youth assisted pursuant to this section;CommentsClose CommentsPermalink
`(ii) the number of months each youth was provided such assistance;CommentsClose CommentsPermalink
`(iii) the number of youth who were eligible for such assistance, but for whom the entity could not provide assistance solely due to a lack of available housing; andCommentsClose CommentsPermalink
`(iv) the type of services provided to each youth assisted pursuant to this section; andCommentsClose CommentsPermalink
`(v) such other information as the Secretary considers necessary or appropriate to carry out the purposes of this section.CommentsClose CommentsPermalink
`(2) TO CONGRESS- The Secretary shall annually prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in reports submitted to the Secretary under paragraph (1).CommentsClose CommentsPermalink
`(f) Evaluation, Monitoring, and Administration- Of the amount appropriated under subsection (h) for each fiscal year, the Secretary may use not more than 1 percent for evaluation, monitoring, and administrative costs under this section.CommentsClose CommentsPermalink
`(g) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
`(1) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of trafficking in persons' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (
`(2) SEX TRAFFICKING- The term `sex trafficking' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (
`(3) YOUTH SUBJECTED TO TRAFFICKING- The term `youth subjected to trafficking' means an individual, regardless of whether or not the individual is a citizen of the United States, who--CommentsClose CommentsPermalink
`(A) is the subject of sex trafficking or severe forms of trafficking in persons that occurs, in whole or in part, within the territorial jurisdiction of the United States; andCommentsClose CommentsPermalink
`(B) has attained at least 13 years of age and is not more than 24 years of age at the time the individual is identified as having been the subject of sex trafficking or severe forms of trafficking in persons.CommentsClose CommentsPermalink
`(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2008 and such sums as may be necessary for each fiscal years 2009 through 2012.CommentsClose CommentsPermalink
`(i) Regulations- The Secretary shall issue any regulations necessary or appropriate to carry out this section.'.CommentsClose CommentsPermalink
SEC. 606. GAO STUDY OF HOUSING ASSISTANCE FOR LOW-INCOME YOUTH.
(a) Requirement- The Comptroller General of the United States shall carry out a study of housing status and needs of low-income youth and housing assistance provided for low-income youth, to determine or obtain the information required pursuant to subsection (b)(1) to be included in the report under such subsection (b).CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(1) SUBMISSION- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report on the results of, and determinations made by the Comptroller General pursuant to, the study conducted pursuant to subsection (a) to the Committees on Financial Services, Education and Labor, and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, the Judiciary, and Appropriations of the Senate.CommentsClose CommentsPermalink
(2) CONTENTS- The report under this subsection shall include the following information:CommentsClose CommentsPermalink
(A) An estimate of the number of low-income, very low-income, and extremely low-income households headed by a youth not more than age 24, and a description of the demographic and socioeconomic characteristics of such households.CommentsClose CommentsPermalink
(B) An estimate of the number of low-income, very low-income, and extremely low-income youth-headed households experiencing a high cost burden in, overcrowding in, or poor quality of housing, or experiencing homelessness.CommentsClose CommentsPermalink
(C) An assessment of the housing assistance needs of low-income, very low-income, and extremely low-income youth-headed households, including any existing barriers to safe, quality, and affordable housing, and of the levels of homelessness among such households.CommentsClose CommentsPermalink
(D) A description of the extent to which housing assistance programs of the Federal Government provide assistance to low-income, very low-income, and extremely-low income youth-headed households.CommentsClose CommentsPermalink
(E) A statement of the number of dwelling units designated for or occupied by low-income, very low-income, and extremely low-income youth in federally subsidized or insured housing.CommentsClose CommentsPermalink
(F) A summary description of any special considerations made for youth under public housing plans submitted pursuant to section 5A of the United States Housing Act of 1397 (
(G) A description of the extent to which public housing agencies have established preferences for youth for occupancy in public housing and for rental assistance provided with housing choice vouchers under section 8(o) of the United States Housing Act of 1937 (
(H) Identification of the activities relating to youth of the Department of Housing and Urban Development.CommentsClose CommentsPermalink
(c) Acquisition of Supporting Information- In carrying out the study under this section, the Comptroller General shall seek to obtain information and views from the following persons:CommentsClose CommentsPermalink
(1) The Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
(2) The Secretary of Health and Human Services.CommentsClose CommentsPermalink
(3) Low-income, very low-income, and extremely low-income youth.CommentsClose CommentsPermalink
(4) Representatives of State and local housing assistance, child welfare, and juvenile justice agencies.CommentsClose CommentsPermalink
(5) Representatives of nonprofit low-income housing providers and homeless service providers, including homeless youth service providers.CommentsClose CommentsPermalink
(6) National advocacy organizations concerned with youth, homelessness, and low-income housing.CommentsClose CommentsPermalink
TITLE VII--YOUNG FAMILY CONCERNS
SEC. 701. TANF STATE PLAN AMENDMENT.
Section 402(a)(1)(A) of the Social Security Act (
`(vii) Identify the education and training, living arrangement, and other services needs of individuals described in section 408(a)(5)(B)(ii) who are potentially eligible to receive assistance under the State program funded under this part and establish policies, procedures, and strategies to address the needs.'.CommentsClose CommentsPermalink
SEC. 702. ADULT-SUPERVISED LIVING ARRANGEMENTS.
Section 408(a)(5)(B) of the Social Security Act (
(1) by striking clause (i) and inserting the following:CommentsClose CommentsPermalink
`(i) PROVISION OF ADULT-SUPERVISED LIVING ARRANGEMENT- In the case of an individual who is described in clause (ii), the State agency referred to in section 402(a)(4) shall provide or ensure the provision of a second chance home, maternity group home, transitional living youth project, or other appropriate adult-supervised supportive living arrangement, taking into consideration the needs, concerns, and wishes of the individual, unless the State agency determines that the individual's current living arrangement is appropriate, and therefore, shall require that the individual and the minor child referred to in subparagraph (A)(ii)(II) reside in such living arrangement as a condition of the continued receipt of assistance under the State program funded under this part attributable to funds provided by the Federal Government (or in an alternative appropriate arrangement, should circumstances change and the current arrangement cease to be appropriate).';CommentsClose CommentsPermalink
(2) in clause (ii)--CommentsClose CommentsPermalink
(A) by redesignating subclauses (III) and (IV) as subclauses (V) and (VI), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subclause (II) the following:CommentsClose CommentsPermalink
`(III) the individual is a homeless youth;CommentsClose CommentsPermalink
`(IV) the individual is a street youth;';CommentsClose CommentsPermalink
(3) by redesignating clause (iii) as clause (vi) and inserting after clause (ii) the following:CommentsClose CommentsPermalink
`(iii) DISCLOSURE OF ADULT-SUPERVISED LIVING ARRANGEMENT OPTIONS TO INDIVIDUAL- The State agency shall ensure that individuals described in subparagraph (A)(ii) who are applicants or recipients of assistance are fully informed of all adult-supervised living arrangement options that satisfy the requirement of this subsection, and provide the individual the opportunity to request a specific adult-supervised living arrangement.CommentsClose CommentsPermalink
`(iv) DETERMINATION OF ADULT-SUPERVISED LIVING ARRANGEMENT- In determining the appropriateness of the individual's current living arrangement in clause (i) and considering the individual's request for a specific adult-supervised living arrangement in clause (iii), the State agency shall provide a written explanation of the determination, including a statement regarding the right to appeal the determination under clause (v), to the individual, if the determination is other than the adult-supervised living arrangement requested by the individual.CommentsClose CommentsPermalink
`(v) RIGHT TO APPEAL ADULT-SUPERVISED LIVING ARRANGEMENT- If the State agency's determination of appropriate adult-supervised living arrangement in clause (i) is other than the adult-supervised living arrangement requested by the individual in clause (iii), the individual shall have a right to appeal the State agency's decision through appeal and dispute resolution mechanisms available in the State.'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(vi) DEFINITIONS- In this subparagraph:CommentsClose CommentsPermalink
`(I) TRANSITIONAL LIVING YOUTH PROJECT- The term `transitional living youth project' has the same meaning as provided in section 387(6) of the Juvenile Justice and Delinquency Prevention Act of 1974.CommentsClose CommentsPermalink
`(II) HOMELESS YOUTH- The term `homeless youth' has the same meaning as provided in section 387(3) of the Juvenile Justice and Delinquency Prevention Act of 1974.CommentsClose CommentsPermalink
`(III) STREET YOUTH- The term `street youth' has the same meaning as provided in section 387(5) of the Juvenile Justice and Delinquency Prevention Act of 1974.'.CommentsClose CommentsPermalink
SEC. 703. SUSPENSION OF TIME LIMIT FOR YOUNG ADULT PARENT INVOLVED IN EDUCATION OR TRAINING.
Section 408(a)(7)(B) of the Social Security Act (
(1) in the subparagraph heading, by striking `MINOR CHILD EXCEPTION' and inserting `AGE EXCEPTIONS'; andCommentsClose CommentsPermalink
(2) by striking clauses (i) and (ii) and inserting the following:CommentsClose CommentsPermalink
`(i) a minor child, and not the head of a household or married to the head of a household; orCommentsClose CommentsPermalink
`(ii) was pregnant or a parent, and--CommentsClose CommentsPermalink
`(I) had not attained 20 years of age, and was meeting all program requirements relating to education, training and living arrangements; orCommentsClose CommentsPermalink
`(II) had attained 20 but not 21 years of age, and was scheduled to complete all program requirements relating to education or training.'.CommentsClose CommentsPermalink
SEC. 704. TRANSITIONAL COMPLIANCE.
Section 408(a) of the Social Security Act (
(1) in paragraph (4), by striking `if' and all that follows and inserting `if--CommentsClose CommentsPermalink
`(A) the individual does not participate in--CommentsClose CommentsPermalink
`(i) educational activities directed toward the attainment of a high school diploma or its equivalent; orCommentsClose CommentsPermalink
`(ii) an alternative educational or training program that has been approved by the State; andCommentsClose CommentsPermalink
`(B) 91 days have elapsed since the State has notified the individual that the individual is in violation of this paragraph.'; andCommentsClose CommentsPermalink
(2) in paragraph (5), by inserting `, and 91 days have elapsed since the State has notified the individual that the individual is in violation of this paragraph' before the period.CommentsClose CommentsPermalink
SEC. 705. SANCTION PROTECTIONS FOR MINOR PARENTS.
Section 408(a) of the Social Security Act (
`(12) A State to which a grant is made under section 403 of this Act shall not impose a sanction on a recipient of assistance under the State program funded under this part who is an individual described in section 408(a)(5)(B)(ii) of this Act and whose household includes a minor who has received assistance under the State program funded under this part attributable to funds provided by the Federal Government or under the food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977, unless the State has established procedures that help recipients of assistance under the State program funded under this part understand, avoid, or end sanctions, and has applied the procedures to the recipient.'.CommentsClose CommentsPermalink
SEC. 706. TEEN PARENT STUDY AND REPORT.
Section 413 of the Social Security Act (
`(k) Teen Parent Study and Report-CommentsClose CommentsPermalink
`(1) STUDY OF TANF RECIPIENTS- The Secretary shall conduct a study of recipients of assistance under State programs funded under this part who are parents and have not attained 20 years of age to determine the following:CommentsClose CommentsPermalink
`(A) Whether State data on the number of such recipients is accurately reflected in Federal data, including an examination of the extent to which such recipients who are members of a family are not reflected in the data, and an examination of the extent to which Federal estimation methods do not reflect the number of such recipients in a State.CommentsClose CommentsPermalink
`(B) What assessment procedures are utilized with such recipients, and whether there appear to be best practices that consider such issues as whether the recipient has an educational barrier such as a learning disability or mental health problem.CommentsClose CommentsPermalink
`(C) Whether localities appear to have adequate and appropriate services that meet the needs of such recipients in areas such as infant care, education, training, and mental health, for services such as appropriate housing, mental health, and alternative education, whether staff assist teen parents in researching and locating such services including an appropriate living arrangement, and the extent to which such recipients who have not completed high school or the equivalent are encouraged to engage in education or work.CommentsClose CommentsPermalink
`(D) How State rules providing that, in determining the eligibility of such recipients for such assistance, the income of the recipient is deemed to include the income of any parents with whom such recipient are living appear to have affected the extent to which such recipients who are members of a family with income less than 200 percent of the poverty line (as defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section, applicable to a family of the size involved) are able to participate in State programs funded under this part.CommentsClose CommentsPermalink
`(E) Demographic information such as--CommentsClose CommentsPermalink
`(i) the age of such recipients;CommentsClose CommentsPermalink
`(ii) the amount of time such recipients received such assistance in a given year;CommentsClose CommentsPermalink
`(iii) the number of children that such recipients have;CommentsClose CommentsPermalink
`(iv) school attainment by such recipients, by age;CommentsClose CommentsPermalink
`(v) the employment status of such recipients, such as whether a recipient has ever worked or has worked while in school; andCommentsClose CommentsPermalink
`(vi) the child care arrangements of such recipients.CommentsClose CommentsPermalink
`(2) STUDY OF LOW-INCOME TEEN PARENTS WHO ARE NOT TANF RECIPIENTS- The Secretary shall conduct a study of a representative sample of low-income (as determined by the Secretary) teen parents who are not recipients of assistance under a State program funded under this part, to determine the following:CommentsClose CommentsPermalink
`(A) Whether the teen parent sought to apply for such assistance.CommentsClose CommentsPermalink
`(B) Whether a teen parent who indicated to a State a desire to apply for such assistance received an application for such assistance.CommentsClose CommentsPermalink
`(C) Whether a teen parent who applied for such assistance was subsequently contacted by the State agency responsible for operating a State program funded under this part.CommentsClose CommentsPermalink
`(3) REPORT TO THE CONGRESS-CommentsClose CommentsPermalink
`(A) IN GENERAL- Within 3 years after the date of the enactment of this subsection, the Secretary shall submit to the Congress a report that contains the findings of the studies required by this subsection and recommendations regarding such issues as how to improve data reporting, State plans, State `best practice' information sharing, and assessments.CommentsClose CommentsPermalink
`(B) ADVISORY GROUP- The Secretary shall establish an advisory group consisting of representatives from not more than 6 organizations that work with parents who have not attained 20 years of age, to provide advice to the Secretary on questions relating to such parents that should be investigated and to provide comments to accompany the recommendations in the report required by subparagraph (A).'.CommentsClose CommentsPermalink
SEC. 707. AMENDMENT TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.
Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (
`(I) MEETING THE NEEDS OF HOMELESS FAMILIES- Demonstrate the manner in which the State will meet the specific needs of families who are experiencing homelessness, including minor parents experiencing homelessness, including by establishing--CommentsClose CommentsPermalink
`(i) a preference for homeless families for child care services for which financial assistance is provided under this subchapter;CommentsClose CommentsPermalink
`(ii) procedures to identify homeless families eligible for child care services for which financial assistance is provided under this subchapter;CommentsClose CommentsPermalink
`(iii) prompt access of such homeless families to child care services for which financial assistance is provided under this subchapter;CommentsClose CommentsPermalink
`(iv) strategies to address problems with respect to homeless families access to child care services for which financial assistance is provided under this subchapter, including problems resulting from enrollment delays that are caused by--CommentsClose CommentsPermalink
`(I) immunization and medical records requirements;CommentsClose CommentsPermalink
`(II) residency requirements;CommentsClose CommentsPermalink
`(III) lack of birth certificates, school records, or other documentation; orCommentsClose CommentsPermalink
`(IV) guardianship issues; andCommentsClose CommentsPermalink
`(v) policies to remove barriers to the enrollment and retention of homeless families in child care services for which financial assistance is provided under this subchapter.'.CommentsClose CommentsPermalink
TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH
SEC. 801. DEFINITIONS.
(a) In General- In this title:CommentsClose CommentsPermalink
(1) COMPETENT- The term `competent', in reference to counsel, means an attorney, or a representative authorized to represent unaccompanied alien children in immigration proceedings or matters, who--CommentsClose CommentsPermalink
(A) complies with the duties set forth in this title;CommentsClose CommentsPermalink
(B)(i) is properly qualified to handle matters involving unaccompanied alien children; orCommentsClose CommentsPermalink
(ii) is working under the auspices of a qualified nonprofit organization that is experienced in handling such matters; andCommentsClose CommentsPermalink
(C) if an attorney--CommentsClose CommentsPermalink
(i) is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia; andCommentsClose CommentsPermalink
(ii) is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law.CommentsClose CommentsPermalink
(2) DEPARTMENT- The term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink
(3) DIRECTOR- The term `Director' means the Director of the Office.CommentsClose CommentsPermalink
(4) OFFICE- The term `Office' means the Office of Refugee Resettlement established by section 411 of the Immigration and Nationality Act (
(5) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink
(6) UNACCOMPANIED ALIEN CHILD- The term `unaccompanied alien child' has the meaning given the term in section 462(g)(2) of the Homeland Security Act of 2002 (
(7) VOLUNTARY AGENCY- The term `voluntary agency' means a private, nonprofit voluntary agency with expertise in meeting the cultural, developmental, or psychological needs of unaccompanied alien children, as certified by the Director.CommentsClose CommentsPermalink
(b) Amendments to the Immigration and Nationality Act- Section 101(a) of the Immigration and Nationality Act (
`(51) The term `unaccompanied alien child' means a child who--CommentsClose CommentsPermalink
`(A) has no lawful immigration status in the United States;CommentsClose CommentsPermalink
`(B) has not attained the age of 18; andCommentsClose CommentsPermalink
`(C) with respect to whom--CommentsClose CommentsPermalink
`(i) there is no parent or legal guardian in the United States; orCommentsClose CommentsPermalink
`(ii) no parent or legal guardian in the United States is available to provide care and physical custody.CommentsClose CommentsPermalink
`(52) The term `unaccompanied refugee children' means persons described in paragraph (42) who--CommentsClose CommentsPermalink
`(A) have not attained the age of 18; andCommentsClose CommentsPermalink
`(B) with respect to whom there are no parents or legal guardians available to provide care and physical custody.'.CommentsClose CommentsPermalink
(c) Rule of Construction- A department or agency of a State, or an individual or entity appointed by a State court or juvenile court located in the United States, acting in loco parentis, shall not be considered a legal guardian for purposes of section 462 of the Homeland Security Act of 2002 (
Subtitle A--Custody, Release, Family Reunification, and Detention
SEC. 811. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN CHILDREN.
(a) Unaccompanied Children Found Along the United States Border or at United States Ports of Entry-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), if an immigration officer finds an unaccompanied alien child who is described in paragraph (2) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act (
(A) permit such child to withdraw the child's application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act (
(B) return such child to the child's country of nationality or country of last habitual residence.CommentsClose CommentsPermalink
(2) SPECIAL RULE FOR CONTIGUOUS COUNTRIES-CommentsClose CommentsPermalink
(A) IN GENERAL- Any child who is a national or habitual resident of a country that is contiguous with the United States and that has an agreement in writing with the United States providing for the safe return and orderly repatriation of unaccompanied alien children who are nationals or habitual residents of such country shall be treated in accordance with paragraph (1), if a determination is made on a case-by-case basis that--CommentsClose CommentsPermalink
(i) such child is a national or habitual resident of a country described in this subparagraph;CommentsClose CommentsPermalink
(ii) such child does not have a fear of returning to the child's country of nationality or country of last habitual residence owing to a fear of persecution;CommentsClose CommentsPermalink
(iii) the return of such child to the child's country of nationality or country of last habitual residence would not endanger the life or safety of such child; andCommentsClose CommentsPermalink
(iv) the child is able to make an independent decision to withdraw the child's application for admission due to age or other lack of capacity.CommentsClose CommentsPermalink
(B) RIGHT OF CONSULTATION- Any child described in subparagraph (A) shall have the right, and shall be informed of that right in the child's native language--CommentsClose CommentsPermalink
(i) to consult with a consular officer from the child's country of nationality or country of last habitual residence prior to repatriation; andCommentsClose CommentsPermalink
(ii) to consult, telephonically, with the Office.CommentsClose CommentsPermalink
(3) RULE FOR APPREHENSIONS AT THE BORDER- The custody of unaccompanied alien children not described in paragraph (2) who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b).CommentsClose CommentsPermalink
(b) Care and Custody of Unaccompanied Alien Children Found in the Interior of the United States-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF JURISDICTION-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as otherwise provided under subparagraphs (B) and (C) and subsection (a), the care and custody of all unaccompanied alien children, including responsibility for their detention, where appropriate, shall be under the jurisdiction of the Office.CommentsClose CommentsPermalink
(B) EXCEPTION FOR CHILDREN WHO HAVE COMMITTED CRIMES- Notwithstanding subparagraph (A), the Department shall retain or assume the custody and care of any unaccompanied alien child who--CommentsClose CommentsPermalink
(i) has been charged with any felony, excluding offenses proscribed by the Immigration and Nationality Act (
(ii) has been convicted of any such felony.CommentsClose CommentsPermalink
(C) EXCEPTION FOR CHILDREN WHO THREATEN NATIONAL SECURITY- Notwithstanding subparagraph (A), the Department shall retain or assume the custody and care of an unaccompanied alien child if the Secretary has substantial evidence, based on an individualized determination, that such child could personally endanger the national security of the United States.CommentsClose CommentsPermalink
(D) TRAFFICKING VICTIMS- For purposes of section 462 of the Homeland Security Act of 2002 (
(2) NOTIFICATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall promptly notify the Office upon--CommentsClose CommentsPermalink
(i) the apprehension of an unaccompanied alien child;CommentsClose CommentsPermalink
(ii) the discovery that an alien in the custody of the Department is an unaccompanied alien child;CommentsClose CommentsPermalink
(iii) any claim by an alien in the custody of the Department that such alien is under the age of 18; orCommentsClose CommentsPermalink
(iv) any suspicion that an alien in the custody of the Department who has claimed to be over the age of 18 is actually under the age of 18.CommentsClose CommentsPermalink
(B) SPECIAL RULE- In the case of an alien described in clause (iii) or (iv) of subparagraph (A), the Director shall make an age determination in accordance with section 815 and take whatever other steps are necessary to determine whether such alien is eligible for treatment under section 462 of the Homeland Security Act of 2002 (
(3) TRANSFER OF UNACCOMPANIED ALIEN CHILDREN-CommentsClose CommentsPermalink
(A) TRANSFER TO THE OFFICE- The care and custody of an unaccompanied alien child shall be transferred to the Office--CommentsClose CommentsPermalink
(i) in the case of a child not described in subparagraph (B) or (C) of paragraph (1), not later than 72 hours after a determination is made that such child is an unaccompanied alien child;CommentsClose CommentsPermalink
(ii) in the case of a child whose custody and care has been retained or assumed by the Department pursuant to subparagraph (B) or (C) of paragraph (1), following a determination that the child no longer meets the description set forth in such subparagraphs; orCommentsClose CommentsPermalink
(iii) in the case of a child who was previously released to an individual or entity described in section 812(a)(1), upon a determination by the Director that such individual or entity is no longer able to care for the child.CommentsClose CommentsPermalink
(B) TRANSFER TO THE DEPARTMENT- Upon determining that a child in the custody of the Office is described in subparagraph (B) or (C) of paragraph (1), the Director shall transfer the care and custody of such child to the Department.CommentsClose CommentsPermalink
(C) PROMPTNESS OF TRANSFER- In the event of a need to transfer a child under this paragraph, the sending office shall make prompt arrangements to transfer such child and the receiving office shall make prompt arrangements to receive such child.CommentsClose CommentsPermalink
(c) Age Determinations- In any case in which the age of an alien is in question and the resolution of questions about the age of such alien would affect the alien's eligibility for treatment under section 462 of the Homeland Security Act of 2002 (
(d) Access to Alien- The Secretary of Homeland Security shall permit the Office to have reasonable access to aliens in the custody of the Secretary to ensure a prompt determination of the age of such alien, if necessary under subsection (b)(2)(B).CommentsClose CommentsPermalink
SEC. 812. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH RELATIVES IN THE UNITED STATES.
(a) Placement Authority-CommentsClose CommentsPermalink
(1) ORDER OF PREFERENCE- Subject to the discretion of the Director under paragraph (4), section 813(a)(2), and section 462(b)(2) of the Homeland Security Act of 2002 (
(A) A parent who seeks to establish custody, as described in paragraph (3)(A).CommentsClose CommentsPermalink
(B) A legal guardian who seeks to establish custody, as described in paragraph (3)(A).CommentsClose CommentsPermalink
(C) An adult relative.CommentsClose CommentsPermalink
(D) An individual or entity designated by the parent or legal guardian that is capable and willing to care for the well-being of the child.CommentsClose CommentsPermalink
(E) A State-licensed juvenile shelter, group home, or foster care program willing to accept custody of the child.CommentsClose CommentsPermalink
(F) A qualified adult or entity seeking custody of the child when it appears that there is no other likely alternative to long-term detention and family reunification does not appear to be a reasonable alternative. For purposes of this subparagraph, the Office shall decide who is a qualified adult or entity and promulgate regulations in accordance with such decision.CommentsClose CommentsPermalink
(2) SUITABILITY ASSESSMENT-CommentsClose CommentsPermalink
(A) GENERAL REQUIREMENTS- Notwithstanding paragraph (1), and subject to the requirements of subparagraph (B), no unaccompanied alien child shall be placed with a person or entity described in any of subparagraphs (A) through (F) of paragraph (1) unless the Director certifies, in writing, that the proposed custodian is capable of providing for the child's physical and mental well-being, based on--CommentsClose CommentsPermalink
(i) with respect to an individual custodian--CommentsClose CommentsPermalink
(I) verification of such individual's identity and employment;CommentsClose CommentsPermalink
(II) a finding that such individual has not engaged in any activity that would indicate a potential risk to the child, including the activities described in paragraph (4)(A);CommentsClose CommentsPermalink
(III) a finding that such individual has no open investigation by a state or local child protective services authority due to suspected child abuse or neglect;CommentsClose CommentsPermalink
(IV) verification that such individual has a plan for the provision of care for the child; andCommentsClose CommentsPermalink
(V) verification of familial relationship of such individual, if any relationship is claimed; andCommentsClose CommentsPermalink
(ii) verification of nature and extent of previous relationship;CommentsClose CommentsPermalink
(iii) with respect to a custodial entity, verification of such entity's appropriate licensure by the State, county, or other applicable unit of government; andCommentsClose CommentsPermalink
(iv) such other information as the Director determines appropriate.CommentsClose CommentsPermalink
(B) HOME STUDY-CommentsClose CommentsPermalink
(i) IN GENERAL- A home study shall be conducted prior to release with respect to each proposed custodian described in any of subparagraphs (A) through (F) of paragraph (1) unless waived by the Director.CommentsClose CommentsPermalink
(ii) SPECIAL NEEDS CHILDREN- In the case of a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (
(C) CONTRACT AUTHORITY- The Director may, by grant or contract, arrange for some or all of the activities under this section to be carried out by--CommentsClose CommentsPermalink
(i) an agency of the State of the child's proposed residence;CommentsClose CommentsPermalink
(ii) an agency authorized by such State to conduct such activities; orCommentsClose CommentsPermalink
(iii) an appropriate voluntary or nonprofit agency.CommentsClose CommentsPermalink
(D) DATABASE ACCESS- In conducting suitability assessments, the Director shall be given access to all relevant information in the appropriate Federal, State, and local law enforcement and immigration databases.CommentsClose CommentsPermalink
(3) RIGHT OF PARENT OR LEGAL GUARDIAN TO CUSTODY OF UNACCOMPANIED ALIEN CHILD-CommentsClose CommentsPermalink
(A) PLACEMENT WITH PARENT OR LEGAL GUARDIAN- If an unaccompanied alien child is placed with any person or entity other than a parent or legal guardian, and subsequent to that placement a parent or legal guardian seeks to establish custody, the Director shall--CommentsClose CommentsPermalink
(i) assess the suitability of placing the child with the parent or legal guardian; andCommentsClose CommentsPermalink
(ii) make a written determination on the child's placement within 30 days.CommentsClose CommentsPermalink
(B) RULE OF CONSTRUCTION- Nothing in this title shall be construed to--CommentsClose CommentsPermalink
(i) supersede obligations under any treaty or other international agreement to which the United States is a party, including The Hague Convention on the Civil Aspects of International Child Abduction, the Vienna Declaration and Program of Action, and the Declaration of the Rights of the Child; orCommentsClose CommentsPermalink
(ii) limit any right or remedy under such international agreement.CommentsClose CommentsPermalink
(4) PROTECTION FROM SMUGGLERS AND TRAFFICKERS-CommentsClose CommentsPermalink
(A) POLICIES AND PROGRAMS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Director shall establish policies and programs to ensure that unaccompanied alien children are protected from smugglers, traffickers, or other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity.CommentsClose CommentsPermalink
(ii) WITNESS PROTECTION PROGRAMS INCLUDED- Programs established pursuant to clause (i) may include witness protection programs.CommentsClose CommentsPermalink
(B) CRIMINAL INVESTIGATIONS AND PROSECUTIONS- Any officer or employee of the Office or the Department of Homeland Security, and any grantee or contractor of the Office, who suspects any individual of involvement in any activity described in subparagraph (A) shall report such individual to Federal or State prosecutors for criminal investigation and prosecution.CommentsClose CommentsPermalink
(C) DISCIPLINARY ACTION- Any officer or employee of the Office or the Department of Homeland Security, and any grantee or contractor of the Office, who suspects an attorney of involvement in any activity described in subparagraph (A) shall report the individual to the State bar association of which the attorney is a member, or to other appropriate disciplinary authorities, for appropriate disciplinary action, which may include private or public admonition or censure, suspension, or disbarment of the attorney from the practice of law.CommentsClose CommentsPermalink
(5) GRANTS AND CONTRACTS- The Director may award grants to, and enter into contracts with, voluntary agencies to carry out this section or section 462 of the Homeland Security Act of 2002 (
(6) REIMBURSEMENT OF STATE EXPENSES- The Director may reimburse States for any expenses they incur in providing assistance to unaccompanied alien children who are served pursuant to this title or section 462 of the Homeland Security Act of 2002 (
(b) Confidentiality- All information obtained by the Office relating to the immigration status of a person described in subparagraphs (A), (B), and (C) of subsection (a)(1) shall remain confidential and may be used only for the purposes of determining such person's qualifications under subsection (a)(1).CommentsClose CommentsPermalink
(c) Required Disclosure- The Secretary of Health and Human Services or the Secretary of Homeland Security shall provide the information furnished under this section, and any other information derived from such furnished information, to--CommentsClose CommentsPermalink
(1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (
(2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).CommentsClose CommentsPermalink
(d) Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.CommentsClose CommentsPermalink
SEC. 813. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN CHILDREN.
(a) Standards for Placement-CommentsClose CommentsPermalink
(1) PROHIBITION OF DETENTION IN CERTAIN FACILITIES- Except as provided in paragraph (2), an unaccompanied alien child shall not be placed in an adult detention facility or a facility housing delinquent children.CommentsClose CommentsPermalink
(2) DETENTION IN APPROPRIATE FACILITIES- An unaccompanied alien child who has exhibited a violent or criminal behavior that endangers others may be detained in conditions appropriate to such behavior in a facility appropriate for delinquent children.CommentsClose CommentsPermalink
(3) STATE LICENSURE- A child shall not be placed with an entity described in section 812(a)(1)(E), unless the entity is licensed by an appropriate State agency to provide residential, group, child welfare, or foster care services for dependent children.CommentsClose CommentsPermalink
(4) CONDITIONS OF DETENTION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Director and the Secretary of Homeland Security shall promulgate regulations incorporating standards for conditions of detention of an unaccompanied alien child that provide for--CommentsClose CommentsPermalink
(i) educational services appropriate to the child;CommentsClose CommentsPermalink
(ii) medical care;CommentsClose CommentsPermalink
(iii) mental health care, including treatment of trauma, physical and sexual violence, or abuse;CommentsClose CommentsPermalink
(iv) access to telephones;CommentsClose CommentsPermalink
(v) access to legal services;CommentsClose CommentsPermalink
(vi) access to interpreters;CommentsClose CommentsPermalink
(vii) supervision by professionals trained in the care of children, taking into account the special cultural, linguistic, and experiential needs of children in immigration proceedings;CommentsClose CommentsPermalink
(viii) recreational programs and activities;CommentsClose CommentsPermalink
(ix) spiritual and religious needs; andCommentsClose CommentsPermalink
(x) dietary needs.CommentsClose CommentsPermalink
(B) NOTIFICATION OF CHILDREN- Regulations promulgated under subparagraph (A) shall provide that all children are notified of such standards orally and in writing in the child's native language.CommentsClose CommentsPermalink
(b) Prohibition of Certain Practices-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director and the Secretary shall develop procedures for treatment of unaccompanied alien children prohibiting the unreasonable use of--CommentsClose CommentsPermalink
(A) shackling, handcuffing, or other restraints on children;CommentsClose CommentsPermalink
(B) solitary confinement;CommentsClose CommentsPermalink
(C) contact with adult detainees; orCommentsClose CommentsPermalink
(D) pat or strip searches.CommentsClose CommentsPermalink
(2) PROCEDURES- The procedures under paragraph (1) shall require that a reasonable use of a practice described in paragraph (1) shall be justified in writing, reviewed by an immigration judge, and subject to administrative and judicial review.CommentsClose CommentsPermalink
(c) Rule of Construction- Nothing in this section shall be construed to supersede procedures favoring release of children to appropriate adults or entities or placement in the least secure setting possible, as defined in the Stipulated Settlement Agreement under Flores v. Reno.CommentsClose CommentsPermalink
SEC. 814. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.
(a) Country Conditions-CommentsClose CommentsPermalink
(1) SENSE OF CONGRESS- It is the sense of Congress that, to the extent consistent with the treaties and other international agreements to which the United States is a party, and to the extent practicable, the United States Government should undertake efforts to ensure that it does not repatriate children in its custody into settings that would threaten the life and safety of such children.CommentsClose CommentsPermalink
(2) ASSESSMENT OF CONDITIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- The annual Country Reports on Human Rights Practices published by the Department of State shall contain an assessment of the degree to which each country protects children from smugglers and traffickers.CommentsClose CommentsPermalink
(B) FACTORS FOR ASSESSMENT- The Department shall consult the Country Reports on Human Rights Practices and the Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child to a particular country.CommentsClose CommentsPermalink
(C) HOMELESSNESS ASSESSMENT- The annual Country Report on Human Rights Practices published by the Department of State shall contain an assessment of the extent of parental abandonment and homelessness among children of the country.CommentsClose CommentsPermalink
(b) Report on Repatriation of Unaccompanied Alien Children-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to repatriate unaccompanied alien children.CommentsClose CommentsPermalink
(2) CONTENTS- The report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) the number of unaccompanied alien children ordered removed and the number of such children actually removed from the United States;CommentsClose CommentsPermalink
(B) a description of the type of immigration relief sought and denied to such children;CommentsClose CommentsPermalink
(C) a statement of the nationalities, ages, and gender of such children;CommentsClose CommentsPermalink
(D) a description of the procedures used to effect the removal of such children from the United States;CommentsClose CommentsPermalink
(E) a description of steps taken to ensure that such children were safely and humanely repatriated to their country of origin;CommentsClose CommentsPermalink
(F) any information gathered in assessments of country and local conditions pursuant to subsection (a)(2);CommentsClose CommentsPermalink
(G) the number of unaccompanied alien children requesting permission for a State to have jurisdiction in a juvenile court for the purpose obtaining a finding of abuse, neglect, or abandonment, and the number of such requests approved and denied; andCommentsClose CommentsPermalink
(H) the number of unaccompanied alien children eligible for, applying for, granted, or denied a visa under section 101(a)(15)(T) of the Immigration and Nationality Act (
SEC. 815. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.
(a) Procedures-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director shall develop procedures, in consultation with the Secretary, to make a prompt determination of the age of an alien, to be used--CommentsClose CommentsPermalink
(A) by the Department, with respect to aliens in the custody of the Department; andCommentsClose CommentsPermalink
(B) by the Office, with respect to aliens in the custody of the Office.CommentsClose CommentsPermalink
(2) EVIDENCE- The procedures developed under paragraph (1) shall--CommentsClose CommentsPermalink
(A) permit the presentation of multiple forms of evidence, including testimony of the alien, to determine the age of the unaccompanied alien for purposes of placement, custody, parole, and detention; andCommentsClose CommentsPermalink
(B) allow the appeal of a determination to an immigration judge.CommentsClose CommentsPermalink
(b) Prohibition on Sole Means of Determining Age- Radiographs or the attestation of an alien shall not be used as the sole means of determining age for the purposes of determining an alien's eligibility for treatment under this title or section 462 of the Homeland Security Act of 2002 (
(c) Rule of Construction- Nothing in this section shall be construed to place the burden of proof in determining the age of an alien on the Government.CommentsClose CommentsPermalink
SEC. 816. EFFECTIVE DATE.
This subtitle shall take effect on the date which is 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle B--Access by Unaccompanied Alien Children to Child Advocates and Counsel
SEC. 821. CHILD ADVOCATES.
(a) Establishment of Child Advocate Program-CommentsClose CommentsPermalink
(1) APPOINTMENT-CommentsClose CommentsPermalink
(A) AUTHORIZATION FOR APPOINTMENT- The Director may appoint a child advocate, who meets the qualifications described in paragraph (2), for an unaccompanied alien child.CommentsClose CommentsPermalink
(B) MANDATORY APPOINTMENT- The Director shall appoint a child advocate, who meets the qualifications described in paragraph (2), for each unaccompanied alien child requesting permission for a State to have jurisdiction in a juvenile court for the purpose of obtaining a finding of abuse, neglect, or abandonment.CommentsClose CommentsPermalink
(C) CONTRACT WITH AGENCY- The Director is encouraged, wherever practicable, to contract with a voluntary agency for the selection of an individual to be appointed as a child advocate under this paragraph.CommentsClose CommentsPermalink
(2) QUALIFICATIONS OF CHILD ADVOCATE-CommentsClose CommentsPermalink
(A) IN GENERAL- No person shall serve as a child advocate unless such person--CommentsClose CommentsPermalink
(i) is a child welfare professional or other individual who has received training in child welfare matters; andCommentsClose CommentsPermalink
(ii) possesses special training on the nature of problems encountered by unaccompanied alien children.CommentsClose CommentsPermalink
(B) PROHIBITION- A child advocate shall not be an employee of the Department, the Office, or the Executive Office for Immigration Review.CommentsClose CommentsPermalink
(3) DUTIES- The child advocate shall--CommentsClose CommentsPermalink
(A) conduct interviews with the child in a manner that is appropriate, taking into account the child's age;CommentsClose CommentsPermalink
(B) investigate the facts and circumstances relevant to the child's presence in the United States, including facts and circumstances--CommentsClose CommentsPermalink
(i) arising in the country of the child's nationality or last habitual residence; andCommentsClose CommentsPermalink
(ii) arising subsequent to the child's departure from such country;CommentsClose CommentsPermalink
(C) work with counsel to identify the child's eligibility for relief from removal or voluntary departure by sharing with counsel information collected under subparagraph (B);CommentsClose CommentsPermalink
(D) develop recommendations on issues relative to the child's custody, detention, release, and repatriation;CommentsClose CommentsPermalink
(E) take reasonable steps to ensure that--CommentsClose CommentsPermalink
(i) the best interests of the child are promoted while the child participates in, or is subject to, proceedings or matters under the Immigration and Nationality Act (
(ii) the child understands the nature of the legal proceedings or matters and determinations made by the court, and that all information is conveyed to the child in an age-appropriate manner; andCommentsClose CommentsPermalink
(F) report factual findings relating to--CommentsClose CommentsPermalink
(i) information collected under subparagraph (B);CommentsClose CommentsPermalink
(ii) the care and placement of the child during the pendency of the proceedings or matters; andCommentsClose CommentsPermalink
(iii) any other information collected under subparagraph (D).CommentsClose CommentsPermalink
(4) TERMINATION OF APPOINTMENT- The child advocate shall carry out the duties described in paragraph (3) until the earliest of the date on which--CommentsClose CommentsPermalink
(A) those duties are completed;CommentsClose CommentsPermalink
(B) the child departs the United States;CommentsClose CommentsPermalink
(C) the child is granted permanent resident status in the United States;CommentsClose CommentsPermalink
(D) the child attains the age of 18; orCommentsClose CommentsPermalink
(E) the child is placed in the custody of a parent or legal guardian.CommentsClose CommentsPermalink
(5) POWERS- The child advocate--CommentsClose CommentsPermalink
(A) shall have reasonable access to the child, including access while such child is being held in detention or in the care of a foster family;CommentsClose CommentsPermalink
(B) shall be permitted to review all records and information relating to such proceedings that are not deemed privileged or classified;CommentsClose CommentsPermalink
(C) may seek independent evaluations of the child;CommentsClose CommentsPermalink
(D) shall be notified in advance of all hearings or interviews involving the child that are held in connection with proceedings or matters under the Immigration and Nationality Act (
(E) shall be permitted to consult with the child during any hearing or interview involving such child; andCommentsClose CommentsPermalink
(F) shall be provided at least 24 hours advance notice of a transfer of that child to a different placement, absent compelling and unusual circumstances warranting the transfer of such child before such notification.CommentsClose CommentsPermalink
(b) Training-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director shall provide professional training for all persons serving as guardians ad litem under this section.CommentsClose CommentsPermalink
(2) TRAINING TOPICS- The training provided under paragraph (1) shall include training in--CommentsClose CommentsPermalink
(A) the circumstances and conditions that unaccompanied alien children face; andCommentsClose CommentsPermalink
(B) various immigration benefits for which such alien child might be eligible.CommentsClose CommentsPermalink
(c) Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Director shall establish and begin to carry out a pilot program to test the implementation of subsection (a).CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of the pilot program established under paragraph (1) is to--CommentsClose CommentsPermalink
(A) study and assess the benefits of providing guardians ad litem to assist unaccompanied alien children involved in immigration proceedings or matters;CommentsClose CommentsPermalink
(B) assess the most efficient and cost-effective means of implementing the child advocate provisions in this section; andCommentsClose CommentsPermalink
(C) assess the feasibility of implementing such provisions on a nationwide basis for all unaccompanied alien children in the care of the Office.CommentsClose CommentsPermalink
(3) SCOPE OF PROGRAM-CommentsClose CommentsPermalink
(A) SELECTION OF SITE- The Director shall select 3 sites in which to operate the pilot program established under paragraph (1).CommentsClose CommentsPermalink
(B) NUMBER OF CHILDREN- To the greatest extent possible, each site selected under subparagraph (A) should have at least 25 children held in immigration custody at any given time.CommentsClose CommentsPermalink
(4) REPORT TO CONGRESS- Not later than 1 year after the date on which the first pilot program site is established under paragraph (1), the Director shall submit a report on the achievement of the purposes described in paragraph (2) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink
SEC. 822. COUNSEL.
(a) Access to Counsel-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director should ensure that all unaccompanied alien children in the custody of the Office or the Department, who are not described in section 811(a)(2), have competent counsel to represent them in immigration proceedings or matters.CommentsClose CommentsPermalink
(2) PRO BONO REPRESENTATION- To the maximum extent practicable, the Director should--CommentsClose CommentsPermalink
(A) make every effort to utilize the services of competent pro bono counsel who agree to provide representation to such children without charge; andCommentsClose CommentsPermalink
(B) ensure that placements made under subparagraphs (D), (E), and (F) of section 812(a)(1) are in cities where there is a demonstrated capacity for competent pro bono representation.CommentsClose CommentsPermalink
(3) DEVELOPMENT OF NECESSARY INFRASTRUCTURES AND SYSTEMS- For purposes of this subsection, the Director shall develop the necessary mechanisms to identify entities available to provide such legal assistance and representation and to recruit such entities.CommentsClose CommentsPermalink
(4) CONTRACTING AND GRANT MAKING AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The Director shall enter into contracts with, or award grants to, nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out the responsibilities of this title, including providing legal orientation, screening cases for referral, recruiting, training, and overseeing pro bono attorneys.CommentsClose CommentsPermalink
(B) SUBCONTRACTING- Nonprofit agencies may enter into subcontracts with, or award grants to, private voluntary agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this subsection.CommentsClose CommentsPermalink
(C) CONSIDERATIONS REGARDING GRANTS AND CONTRACTS- In awarding grants and entering into contracts with agencies under this paragraph, the Director shall take into consideration the capacity of the agencies in question to properly administer the services covered by such grants or contracts without an undue conflict of interest.CommentsClose CommentsPermalink
(5) MODEL GUIDELINES ON LEGAL REPRESENTATION OF CHILDREN-CommentsClose CommentsPermalink
(A) DEVELOPMENT OF GUIDELINES- The Executive Office for Immigration Review, in consultation with voluntary agencies and national experts, shall develop model guidelines for the legal representation of alien children in immigration proceedings. Such guidelines shall be based on the children's asylum guidelines, the American Bar Association Model Rules of Professional Conduct, and other relevant domestic or international sources.CommentsClose CommentsPermalink
(B) PURPOSE OF GUIDELINES- The guidelines developed under subparagraph (A) shall be designed to help protect each child from any individual suspected of involvement in any criminal, harmful, or exploitative activity associated with the smuggling or trafficking of children, while ensuring the fairness of the removal proceeding in which the child is involved.CommentsClose CommentsPermalink
(C) IMPLEMENTATION- The Executive Office for Immigration Review shall adopt the guidelines developed under subparagraph (A) and submit the guidelines for adoption by national, State, and local bar associations.CommentsClose CommentsPermalink
(b) Duties- Counsel under this section shall--CommentsClose CommentsPermalink
(1) represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the Department;CommentsClose CommentsPermalink
(2) appear in person for all individual merits hearings before the Executive Office for Immigration Review and interviews involving the Department; andCommentsClose CommentsPermalink
(3) owe the same duties of undivided loyalty, confidentiality, and competent representation to the child as is due an adult client.CommentsClose CommentsPermalink
(c) Access to Child-CommentsClose CommentsPermalink
(1) IN GENERAL- Counsel shall have reasonable access to the unaccompanied alien child, including access while the child is being held in detention, in the care of a foster family, or in any other setting that has been determined by the Office.CommentsClose CommentsPermalink
(2) RESTRICTION ON TRANSFERS- Absent compelling and unusual circumstances, no child who is represented by counsel shall be transferred from the child's placement to another placement unless advance notice of at least 24 hours is made to counsel of such transfer.CommentsClose CommentsPermalink
(d) Notice to Counsel During Immigration Proceedings-CommentsClose CommentsPermalink
(1) IN GENERAL- Except when otherwise required in an emergency situation involving the physical safety of the child, counsel shall be given prompt and adequate notice of all immigration matters affecting or involving an unaccompanied alien child, including adjudications, proceedings, and processing, before such actions are taken.CommentsClose CommentsPermalink
(2) OPPORTUNITY TO CONSULT WITH COUNSEL- An unaccompanied alien child in the custody of the Office may not give consent to any immigration action, including consenting to voluntary departure, without first consulting with counsel.CommentsClose CommentsPermalink
(e) Access to Recommendations of Child Advocate- Counsel shall be given an opportunity to review the recommendation by the child advocate affecting or involving a client who is an unaccompanied alien child.CommentsClose CommentsPermalink
(f) Counsel for Unaccompanied Alien Children- The United States shall pay for counsel to any unaccompanied alien child without the means to pay for counsel himself or herself.CommentsClose CommentsPermalink
SEC. 823. PRESERVATION OF LAW ENFORCEMENT AUTHORITY.
(a) In General- The child advocate or counsel appointed under this subtitle shall not interfere with Federal investigators or prosecutors in a Federal criminal investigation or prosecution in which the child is a victim or witness.CommentsClose CommentsPermalink
(b) Definition- In subsection (a), the term `interfere with' shall include--CommentsClose CommentsPermalink
(1) restricting access to a victim or witness;CommentsClose CommentsPermalink
(2) encouraging noncooperation with Federal investigators or prosecutors; andCommentsClose CommentsPermalink
(3) being present during interviews of the child by Federal investigators or prosecutors without the permission of the investigators or prosecutors.CommentsClose CommentsPermalink
SEC. 824. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date- This subtitle shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Applicability- The provisions of this subtitle shall apply to all unaccompanied alien children in Federal custody on, before, or after the effective date of this title.CommentsClose CommentsPermalink
Subtitle C--Strengthening Policies for Permanent Protection of Alien Children
SEC. 831. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.
(a) J Classification- Section 101(a)(27)(J) of the Immigration and Nationality Act (
`(J) an immigrant, who is 18 years of age or younger on the date of application for the classification and who is present in the United States--CommentsClose CommentsPermalink
`(i) who by a court order supported by written findings of fact, which shall be binding on the Secretary of Homeland Security for purposes of adjudications under this subparagraph, was declared dependent on a juvenile court located in the United States or has been legally committed to, or placed under the custody of, a department or agency of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and who has been deemed eligible by that court for long-term foster care due to abuse, neglect, abandonment, or a similar basis found under State law;CommentsClose CommentsPermalink
`(ii) for whom it has been determined by written findings of fact in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; andCommentsClose CommentsPermalink
`(iii) with respect to a child in Federal custody, for whom the Office of Refugee Resettlement of the Department of Health and Human Services has certified to the Director of U.S. Citizenship and Immigration Services that the classification of an alien as a special immigrant under this subparagraph has not been made solely to provide an immigration benefit to that alien,CommentsClose CommentsPermalink
`except that no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act;'.CommentsClose CommentsPermalink
(b) Adjustment of Status- Section 245(h)(2)(A) of the Immigration and Nationality Act (
`(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) shall not apply; and'.CommentsClose CommentsPermalink
(c) Eligibility for Assistance- A child who has been granted relief under section 811(a)(27)(J) of the Immigration and Nationality Act (
(d) Transition Rule- Notwithstanding any other provision of law, any child described in section 101(a)(27)(J) of the Immigration and Nationality Act (
SEC. 832. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN CHILDREN.
(a) Training of State and Local Officials and Certain Private Parties-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services, acting jointly with the Secretary, shall provide appropriate training materials, and if requested, direct training, to State and county officials, child welfare specialists, teachers, public counsel, and juvenile judges who come into contact with unaccompanied alien children.CommentsClose CommentsPermalink
(2) CURRICULUM- The training shall provide education on the processes pertaining to unaccompanied alien children with pending immigration status and on the forms of relief potentially available. The Director shall be responsible for establishing a core curriculum that can be incorporated into education, training, or orientation modules or formats that are currently used by these professionals.CommentsClose CommentsPermalink
(3) VIDEO CONFERENCING- If direct training is requested under this subsection, such training may be conducted through video conferencing.CommentsClose CommentsPermalink
(b) Training of Department Personnel- The Secretary, acting jointly with the Secretary of Health and Human Services, shall provide specialized training to all personnel of the Department who come into contact with unaccompanied alien children. Training for Border Patrol agents and immigration inspectors shall include specific training on identifying children at the United States borders or at United States ports of entry who have been victimized by smugglers or traffickers, and children for whom asylum or special immigrant relief may be appropriate, including children described in section 811(a)(2).CommentsClose CommentsPermalink
SEC. 833. REPORT.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report for the previous fiscal year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains--CommentsClose CommentsPermalink
(1) data related to the implementation of section 462 of the Homeland Security Act (
(2) data regarding the care and placement of children in accordance with this title;CommentsClose CommentsPermalink
(3) data regarding the provision of child advocate and counsel services under this title; andCommentsClose CommentsPermalink
(4) any other information that the Director or the Secretary of Health and Human Services determines to be appropriate.CommentsClose CommentsPermalink
SEC. 834. EFFECTIVE DATE.
The amendment made by section 831 shall apply to all aliens who were in the United States before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle D--Children Refugee and Asylum Seekers
SEC. 841. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.
(a) Sense of Congress- Congress--CommentsClose CommentsPermalink
(1) commends the former Immigration and Naturalization Service for its issuance of its `Guidelines for Children's Asylum Claims', dated December 1998, and encourages and supports the implementation of such guidelines by the Department in an effort to facilitate the handling of children's affirmative asylum claims;CommentsClose CommentsPermalink
(2) commends the Executive Office for Immigration Review of the Department of Justice for its issuance of its `Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children', dated September 2004, and encourages and supports the continued implementation of such guidelines by the Executive Office for Immigration Review in its handling of children's asylum claims before immigration judges; andCommentsClose CommentsPermalink
(3) understands that the guidelines described in paragraph (2) do not specifically address the issue of asylum claims, but go to the broader issue of unaccompanied alien children in general.CommentsClose CommentsPermalink
(b) Training-CommentsClose CommentsPermalink
(1) IMMIGRATION OFFICERS- The Secretary shall provide periodic comprehensive training under the `Guidelines for Children's Asylum Claims' to asylum officers and immigration officers who have contact with children in order to familiarize and sensitize such officers to the needs of children asylum seekers.CommentsClose CommentsPermalink
(2) IMMIGRATION JUDGES- The Executive Office for Immigration Review shall--CommentsClose CommentsPermalink
(A) provide periodic comprehensive training under the `Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children' and the `Guidelines for Children's Asylum Claims' to immigration judges and members of the Board of Immigration Appeals; andCommentsClose CommentsPermalink
(B) redistribute to all Immigration Courts the `Guidelines for Children's Asylum Claims' as part of its training of immigration judges.CommentsClose CommentsPermalink
(3) USE OF VOLUNTARY AGENCIES- Voluntary agencies shall be allowed to assist in the training described in this subsection.CommentsClose CommentsPermalink
SEC. 842. UNACCOMPANIED REFUGEE CHILDREN.
(a) Identifying Unaccompanied Refugee Children- Section 207(e) of the Immigration and Nationality Act (
(1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) An analysis of the worldwide situation faced by unaccompanied refugee children, by region, which shall include an assessment of--CommentsClose CommentsPermalink
`(A) the number of unaccompanied refugee children, by region;CommentsClose CommentsPermalink
`(B) the capacity of the Department of State to identify such refugees;CommentsClose CommentsPermalink
`(C) the capacity of the international community to care for and protect such refugees;CommentsClose CommentsPermalink
`(D) the capacity of the voluntary agency community to resettle such refugees in the United States;CommentsClose CommentsPermalink
`(E) the degree to which the United States plans to resettle such refugees in the United States in the coming fiscal year; andCommentsClose CommentsPermalink
`(F) the fate that will befall such unaccompanied refugee children for whom resettlement in the United States is not possible.'.CommentsClose CommentsPermalink
(b) Training on the Needs of Unaccompanied Refugee Children- Section 207(f)(2) of the Immigration and Nationality Act (
(1) striking `and' after `countries,'; andCommentsClose CommentsPermalink
(2) inserting before the period at the end the following: `, and instruction on the needs of unaccompanied refugee children'.CommentsClose CommentsPermalink
SEC. 843. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.
(a) Placement in Removal Proceedings- Any unaccompanied alien child apprehended by the Department, except for an unaccompanied alien child subject to exceptions under paragraph (1)(A) or (2) of section 811(a), shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (
(b) Exception From Time Limit for Filing Asylum Application- Section 208(a)(2) of the Immigration and Nationality Act (
`(E) APPLICABILITY- Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child as defined in section 101(a)(51).'.CommentsClose CommentsPermalink
Subtitle E--Authorization of Appropriations
SEC. 851. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to the Department of Homeland Security, the Department of Justice, and the Department of Health and Human Services, such sums as may be necessary to carry out--CommentsClose CommentsPermalink
(1) the provisions of section 462 of the Homeland Security Act of 2002 (
(2) the provisions of this title.CommentsClose CommentsPermalink
(b) Availability of Funds- Amounts appropriated pursuant to subsection (a) shall remain available until expended.CommentsClose CommentsPermalink
Subtitle F--Amendments to the Homeland Security Act of 2002
SEC. 861. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO UNACCOMPANIED ALIEN CHILDREN.
(a) Additional Responsibilities of the Director- Section 462(b)(1) of the Homeland Security Act of 2002 (
(1) in subparagraph (K), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (L), by striking the period at the end and inserting `, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(M) ensuring minimum standards of care for all unaccompanied alien children--CommentsClose CommentsPermalink
`(i) for whom detention is necessary; andCommentsClose CommentsPermalink
`(ii) who reside in settings that are alternative to detention.'.CommentsClose CommentsPermalink
(b) Additional Powers of the Director- Section 462(b) of the Homeland Security Act of 2002 (
`(4) AUTHORITY- In carrying out the duties under paragraph (3), the Director is authorized to--CommentsClose CommentsPermalink
`(A) contract with service providers to perform the services described in sections 813, 811, and 812 of the A Place to Call Home Act; andCommentsClose CommentsPermalink
`(B) compel compliance with the terms and conditions set forth in section 813 of the A Place to Call Home Act, including the power to--CommentsClose CommentsPermalink
`(i) declare providers to be in breach and seek damages for noncompliance;CommentsClose CommentsPermalink
`(ii) terminate the contracts of providers that are not in compliance with such conditions; andCommentsClose CommentsPermalink
`(iii) reassign any unaccompanied alien child to a similar facility that is in compliance with such section.'.CommentsClose CommentsPermalink
SEC. 862. TECHNICAL CORRECTIONS.
Section 462(b) of the Homeland Security Act of 2002 (
(1) in paragraph (3), by striking `paragraph (1)(G)' and inserting `paragraph (1)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(5) STATUTORY CONSTRUCTION- Nothing in paragraph (2)(B) may be construed to require that a bond be posted for unaccompanied alien children who are released to a qualified sponsor.'.CommentsClose CommentsPermalink
SEC. 863. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect as if included in the Homeland Security Act of 2002 (
TITLE IX--JUVENILE STATUS OFFENDERS
SEC. 901. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (
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