[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3409
To create the conditions, structures, and supports needed to ensure
permanency for the Nation's unaccompanied youth, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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 concerned
_______________________________________________________________________
A BILL
To create the conditions, structures, and supports needed to ensure
permanency for the Nation's unaccompanied youth, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Place to Call Home Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; purpose.
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.
Sec. 102. Increase in funding for the promoting safe and stable
families program.
Sec. 103. Parental and youth substance abuse and mental illness.
Sec. 104. Curtailment of involuntary separation of children from their
families.
Subtitle B--Equal Protection of Youth in Child Welfare System
Sec. 111. Expanded eligibility for foster care and adoption assistance.
Sec. 112. Kinship guardianship assistance payments.
Sec. 113. Flexibility to establish separate standards for relative
foster family homes.
Sec. 114. Application of standards to all children.
Sec. 115. Eligibility for foster care maintenance payments and adoption
assistance payments through age 20.
Sec. 116. Youth access to the child welfare system.
Subtitle C--Reduction of Youth Institutional Discharge Into
Homelessness
Sec. 121. Discharge from child welfare system.
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.
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.
TITLE II--YOUTH EMERGENCY AND TRANSITIONAL HOUSING
Subtitle A--Runaway and Homeless Youth Act Programs
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Basic center program.
Sec. 204. Renovation.
Sec. 205. Transitional living grant program.
Sec. 206. Coordinating, training, research, and other activities.
Sec. 207. Report.
Sec. 208. National homeless youth awareness campaign.
Sec. 209. Grants for research evaluation, demonstration, and service
projects.
Sec. 210. Sexual abuse prevention program.
Sec. 211. Performance standards.
Sec. 212. Appeals.
Sec. 213. Definition.
Sec. 214. Authorization of appropriations.
Sec. 215. Loan forgiveness for runaway and homeless youth workers.
Subtitle B--HUD McKinney-Vento Programs
Sec. 221. Definition of homeless individual.
Sec. 222. Eligibility of activities to provide family support services
under emergency shelter grants program .
Sec. 223. Eligibility of family strengthening projects to prevent youth
homelessness under supportive housing
program.
Subtitle C--John H. Chafee Foster Care Independence Program
Sec. 231. John H. Chafee Foster Care Independence Program.
Subtitle D--Youth Offender Reentry Grants Program
Sec. 241. Establishment of program.
Sec. 242. Applications.
Sec. 243. Allotments to states.
Sec. 244. Use of funds.
Sec. 245. Penalties.
Sec. 246. Data collection and performance measurement.
Sec. 247. Evaluations.
Sec. 248. Limitations on authorization of appropriations.
Sec. 249. Educational and training vouchers.
Subtitle E--Transitional Housing Program for Youth Victims of
Commercial Sexual Exploitation
Sec. 251. Transitional housing assistance for youth victims of
commercial sexual exploitation.
TITLE III--YOUTH ACCESS TO SUPPORTIVE SERVICES
Sec. 301. Work Opportunity Credit.
Sec. 302. Unaccompanied youth access to Workforce Investment
Activities.
Sec. 303. Unaccompanied youth access to public health services.
Sec. 304. Enhanced youth access to medical assistance under Medicaid.
TITLE IV--YOUTH ACCESS TO ELEMENTARY AND SECONDARY EDUCATION
Sec. 401. Increased access to 21st Century Community Learning Centers.
Sec. 402. Education for homeless children and youths.
Sec. 403. Grants to increase student attendance.
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.
Sec. 502. Financial assistance for disconnected students.
Sec. 503. Federal early outreach and student services programs for
disconnected students.
Sec. 504. Projects to increase enrollment and success of disconnected
students in postsecondary education.
Sec. 505. Continual access to student housing for homeless youth.
TITLE VI--YOUTH PERMANENT HOUSING
Sec. 601. Housing choice vouchers for rental assistance for homeless
youth.
Sec. 602. Family unification vouchers for transitioning foster care
youth.
Sec. 603. Inclusion of youth in housing plans.
Sec. 604. Sense of Congress regarding right of minors to enter into
contracts for necessities.
Sec. 605. Transitional housing assistance for youth victims of
commercial sexual exploitation.
Sec. 606. GAO study of housing assistance for low-income youth.
TITLE VII--YOUNG FAMILY CONCERNS
Sec. 701. TANF State plan amendment.
Sec. 702. Adult-supervised living arrangements.
Sec. 703. Suspension of time limit for young adult parent involved in
education or training.
Sec. 704. Transitional compliance.
Sec. 705. Sanction protections for minor parents.
Sec. 706. Teen parent study and report.
Sec. 707. Amendment to Child Care and Development Block Grant Act of
1990.
TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH
Sec. 801. Definitions.
Subtitle A--Custody, Release, Family Reunification, and Detention
Sec. 811. Procedures when encountering unaccompanied alien children.
Sec. 812. Family reunification for unaccompanied alien children with
relatives in the United States.
Sec. 813. Appropriate conditions for detention of unaccompanied alien
children.
Sec. 814. Repatriated unaccompanied alien children.
Sec. 815. Establishing the age of an unaccompanied alien child.
Sec. 816. Effective date.
Subtitle B--Access by Unaccompanied Alien Children to Child Advocates
and Counsel
Sec. 821. Child advocates.
Sec. 822. Counsel.
Sec. 823. Preservation of law enforcement authority.
Sec. 824. Effective date; applicability.
Subtitle C--Strengthening Policies for Permanent Protection of Alien
Children
Sec. 831. Special immigrant juvenile classification.
Sec. 832. Training for officials and certain private parties who come
into contact with unaccompanied alien
children.
Sec. 833. Report.
Sec. 834. Effective date.
Subtitle D--Children Refugee and Asylum Seekers
Sec. 841. Guidelines for Children's Asylum Claims.
Sec. 842. Unaccompanied refugee children.
Sec. 843. Exceptions for unaccompanied alien children in asylum and
refugee-like circumstances.
Subtitle E--Authorization of Appropriations
Sec. 851. Authorization of appropriations.
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.
Sec. 862. Technical corrections.
Sec. 863. Effective date.
TITLE IX--JUVENILE STATUS OFFENDERS
Sec. 901. Deinstitutionalization of status offenders.
SEC. 3. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Preventing and ending unaccompanied situations among
the Nation's youth is a family, community, State, and national
concern.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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 (42 U.S.C. 5101(c)) is
amended--
(1) by redesignating paragraphs (8) through (13) as
paragraphs (9) through (14), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) organizations with expertise in runaway and homeless
children and youth;''.
(b) Discretionary Grants.--Section 105(b) of such Act (42 U.S.C.
5106(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(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.''.
(c) General Program Authorization of Appropriations.--
(1) In general.--Section 112(a)(1) of such Act (42 U.S.C.
5106h(a)(1)) is amended--
(A) by striking ``2004'' and inserting ``2009'';
and
(B) by striking ``2005 through 2008'' and inserting
``2010 through 2013''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2008.
(d) Community-Based Grants Program Authorization of
Appropriations.--
(1) In general.--Section 210 of such Act (42 U.S.C. 5116i)
is amended--
(A) by striking ``2004'' and inserting ``2009'';
and
(B) by striking ``2005 through 2008'' and inserting
``2010 through 2013''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2008.
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''.
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 (42 U.S.C. 300x-35(a)) is amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``, and $2,500,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(b) Priority Substance Abuse Treatment Needs of Regional and
National Significance.--Section 509(f) of the Public Health Service Act
(42 U.S.C. 290bb-2(f)) is amended--
(1) by striking ``and such sums'' and inserting ``, such
sums''; and
(2) by inserting ``, and $350,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(c) Priority Substance Abuse Prevention Needs of Regional and
National Significance.--Section 516(f) of the Public Health Service Act
(42 U.S.C. 290bb-22(f)) is amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``, and $350,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(d) Block Grants for Community Mental Health Services.--Section
1920(a) of the Public Health Service Act (42 U.S.C. 300x-9(a)) is
amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``, and $500,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(e) Priority Mental Health Needs of Regional and National
Significance.--Section 520A(f)(1) of the Public Health Service Act (42
U.S.C. 290bb-32(f)(1)) is amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``, and $350,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(f) Grants for Strengthening Families.--Section 519A(j) of the
Public Health Service Act (42 U.S.C. 290bb-25a(j)) is amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``$20,000,000 for each of fiscal years
2008 through 2012'' before the period at the end.
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 (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding at the end the following:
``(28) provide that the State shall have in effect such
laws and procedures as are necessary to ensure that--
``(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 (42 U.S.C.
11434a)) or living in substandard housing (as defined
in section 204(b)(11) of the National Housing Act) or a
dwelling unit that is experiencing severe physical
problems (as defined in subparagraph (F) of such
section); and
``(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.''.
(b) State Demonstration Grants for Family Violence Services.--
Section 303(a)(2) of the Family Violence Prevention and Services Act
(42 U.S.C. 10402(a)(2)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the following:
``(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''.
(c) Shelter Programs.--
(1) FEMA emergency food and shelter grants program.--
(A) Purposes of grants.--Section 313(b)(1) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11343(b)(1)) is amended by inserting before the
semicolon the following: ``that establish and implement
policies regarding admission to the program whereby
child and youth members of a family or household unit
are permitted to remain with the whole family or
household unit''.
(B) Program guidelines.--Subsection (a) of section
316 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11346(a)) is amended--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) in paragraph (6), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph :
``(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.''.
(2) HUD homeless programs.--
(A) In general.--Subtitle A of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361
et seq.) is amended by adding at the end the following
new section:
``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.''.
(B) Emergency shelter grants program.--Section
415(c)of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11375(c)) is amended--
(i) in subparagraph (6), by striking
``and'' at the end;
(ii) in paragraph (7), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(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.''.
(d) Protecting Household Members Without Records From Federal One-
Strike Eviction and Screening Laws.--
(1) Public housing lease provisions requiring eviction for
criminal activity.--Paragraph (6) of section 6(l) of the United
States Housing Act of 1937 (42 U.S.C. 1437d(l)(6)) is amended
by inserting before the first semicolon the following: ``,
eviction, or removal of the tenant, member, or guest or other
person under the tenant's control, who is engaged in the
criminal activity or drug-related criminal activity''.
(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 (42 U.S.C. 1437d(l)(9))
is amended--
(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); and
(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.''.
(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 (42 U.S.C. 1437f(d)(1)(B)(iii)) is
amended by inserting after ``termination of tenancy,'' the
following: ``eviction, or removal of the tenant, member, or
guest or other person under the tenant's control, who is
engaged in the criminal activity or drug-related criminal
activity,''.
(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 (42 U.S.C. 1437f(d)(1)(B)(v))
is amended--
(A) by realigning such clause so that the left
margin is aligned with the left margin of clause (iv);
and
(B) by inserting after and below subclause (II) the
following:
``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.''.
(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 (42 U.S.C. 1437f(o)(7)(D)) is
amended by inserting before the first semicolon the following:
``, eviction, or removal of the tenant, member, or guest or
other person under the tenant's control, who is engaged in the
criminal activity or drug-related criminal activity.''
(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''.
(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''.
(8) Ineligibility of dangerous sex offenders.--Subsection
(a) of section 578 of the Quality Housing and Work
Responsibility Act of 1998 (42 U.S.C. 13663(a)) is amended to
read as follows:
``(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.''.
Subtitle B--Equal Protection of Youth in Child Welfare System
SEC. 111. EXPANDED ELIGIBILITY FOR FOSTER CARE AND ADOPTION ASSISTANCE.
(a) Foster Care.--
(1) Elimination of income eligibility requirement.--
(A) In general.--Section 472(a) of the Social
Security Act (42 U.S.C. 672(a)) is amended--
(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).''; and
(ii) by striking paragraphs (3) and (4).
(B) Conforming amendment.--Section 470 of such Act
(42 U.S.C. 670) is amended by striking ``who otherwise
would have been eligible for assistance under the
State's plan approved under part A (as such plan was in
effect on June 1, 1995)''.
(2) Foster care maintenance payments match rate.--Section
474 of such Act (42 U.S.C. 674) is amended--
(A) in subsection (a)(1), by inserting ``, subject
to subsection (g)(1)'' before the semicolon; and
(B) by adding at the end the following:
``(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--
``(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; equals
``(ii) the average such ratio for the 12 quarters
most recently preceding the effective date of this
subsection.
``(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.
``(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.
``(D) For each State with respect to which a claim has been paid
under subparagraph (B) of this paragraph, the Secretary shall--
``(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; and
``(ii) for each subsequent calendar quarter, reimburse the
expenditures at the overall rate.''.
(3) Maintenance of effort.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 104(a) of this Act, is
amended--
(A) by striking ``and'' at the end of paragraph
(27);
(B) by striking the period at the end of paragraph
(28) and inserting ``; and''; and
(C) by adding at the end the following:
``(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).''.
(b) Adoption Assistance.--
(1) Elimination of income eligibility requirement.--Section
473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended to read
as follows:
``(2)(A) For purposes of paragraph (1)(B)(ii), a child
meets the requirements of this paragraph if the child--
``(i)(I) at the time adoption proceedings were
initiated, had been removed from his or her home--
``(aa) pursuant to a voluntary placement
agreement with respect to which Federal
payments are provided under section 474; or
``(bb) as a result of a judicial
determination to the effect that continuation
therein would be contrary to the welfare of the
child;
``(II) is eligible for supplemental security income
benefits under title XVI; or
``(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); and
``(ii) has been determined by the State, pursuant
to subsection (c), to be a child with special needs.
``(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).''.
(2) Adoption assistance payments match rate.--Section 474
of such Act (42 U.S.C. 674) is amended--
(A) in subsection (a)(2), by inserting ``, subject
to subsection (g)(2)'' before the semicolon; and
(B) by adding at the end of subsection (g) (as
added by subsection (a)(2)(B) of this section) the
following:
``(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--
``(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; equals
``(ii) the average such ratio for the 12 quarters most
recently preceding the effective date of this subsection.
``(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.
``(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.
``(D) For each State with respect to which a claim has been paid
under subparagraph (B) of this paragraph, the Secretary shall--
``(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; and
``(ii) for each subsequent calendar quarter, reimburse the
expenditures at the overall rate.''.
(c) Administrative Costs.--
(1) In general.--Section 474 of such Act (42 U.S.C. 674) is
amended--
(A) in subsection (a)(3)(E), by inserting ``,
subject to subsection (g)(3)'' after ``expenditures'';
and
(B) by adding at the end of subsection (g) (as
added by subsection (a)(2)(B) of this section) the
following:
``(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--
``(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; equals
``(ii) the average such ratio for the 12 quarters most
recently preceding the effective date of this subsection.
``(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.
``(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.
``(D) For each State with respect to which a claim has been paid
under subparagraph (B) of this paragraph, the Secretary shall--
``(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; and
``(ii) for each subsequent calendar quarter, reimburse the
expenditures at the overall rate.''.
(2) Limitation on expenditures not related to placement or
case management activities.--Section 474 of such Act (42 U.S.C.
674), as amended by the preceding provisions of this section,
is amended by adding at the end the following:
``(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.''.
(d) Removal of Title IV-E From Funding Cap for the Territories.--
Section 1108 of such Act (42 U.S.C. 1308) is amended in each of
subsections (a) and (b)(1), by striking ``parts A and E'' and inserting
``part A''.
(e) Conforming Changes for FMAP for the District of Columbia.--
Section 474(a) of such Act (42 U.S.C. 674(a)) is amended in each of
paragraphs (1) and (2) by striking ``(as defined in section 1905(b) of
this Act)'' inserting ``(which shall be as defined in section 1905(b),
in the case of a State other than the District of Columbia, or 70
percent, in the case of the District of Columbia)''.
SEC. 112. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS.
(a) In General.--Section 473 of the Social Security Act (42 U.S.C.
670-679b) is amended by adding at the end the following:
``(d) Kinship Guardianship Assistance Payments for Children.--
``(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.
``(2) Kinship guardianship assistance agreement.--
``(A) In general.--In order to receive payments
under section 474(a)(6), a State shall--
``(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;
``(ii) provide the prospective relative
guardian with a copy of the agreement; and
``(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).
``(B) Minimum requirements.--The agreement shall
specify, at a minimum--
``(i) the amount of, and manner in which,
each kinship guardianship assistance payment
will be provided under the agreement;
``(ii) the additional services and
assistance that the child and relative guardian
will be eligible for under the agreement;
``(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; and
``(iv) subject to subparagraph (D), that
the State will pay the total cost of
nonrecurring expenses associated with obtaining
legal guardianship of the child.
``(C) Interstate application.--The agreement shall
provide--
``(i) that the agreement shall remain in
effect without regard to the State residency of
the kinship guardian; and
``(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.
``(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.
``(3) Kinship guardianship assistance payment.--
``(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.
``(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.
``(4) Child's eligibility for a kinship guardianship
assistance payment.--
``(A) In general.--A child is eligible for a
kinship guardianship assistance payment under this
subsection if the State agency determines the
following:
``(i) The child has been--
``(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;
``(II) under the care of the State
agency for the 12-month period ending
on the date of the agency
determination; and
``(III) eligible for foster care
maintenance payments under section 472.
``(ii) Being returned home or adopted are
not appropriate permanency options for the
child.
``(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.
``(iv) With respect to a child who has
attained 14 years of age, the child has been
consulted regarding the kinship guardianship
arrangement.
``(B) Treatment of siblings.--With respect to a
child described in subparagraph (A) whose sibling or
siblings are not so described--
``(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; and
``(ii) kinship guardianship assistance
payments may be paid for the child and each
sibling so placed.''.
(b) Conforming Amendments.--
(1) State plan requirement.--Section 471(a)(20)(A) of such
Act (42 U.S.C. 671(a)(20)(A)) is amended by striking ``before
the foster or adoptive parent may be finally approved for
placement of a child regardless of whether foster care
maintenance payments or adoption assistance payments'' and
inserting ``or relative guardian before the foster or adoptive
parent or relative guardian may be finally approved for
placement of a child regardless of whether foster care
maintenance payments, adoption assistance payments, or kinship
guardianship assistance payments''.
(2) Maintenance of eligibility for adoption assistance.--
Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by
adding at the end the following:
``(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.''.
(3) Payments to states.--Section 474(a) of such Act (42
U.S.C. 674(a)) is amended--
(A) by striking the period at the end and inserting
``; plus''; and
(B) by adding at the end the following:
``(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.''.
(4) Definitions.--Section 475(1) of such Act (42 U.S.C.
675(1)) is amended by adding at the end the following:
``(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--
``(i) the steps that the agency has taken
to determine that it is not appropriate for the
child to be returned home or adopted;
``(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;
``(iii) the ways in which the child meets
the eligibility requirements for a kinship
guardianship assistance payment;
``(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; and
``(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.''.
(c) Notice to Relatives When Children Enter Foster Care.--
(1) In general.--Section 471(a)(19) of such Act (42 U.S.C.
671(a)(19)) is amended--
(A) by striking ``that the State'' and inserting
``that--
``(A) the State'';
(B) by adding ``and'' after the semicolon; and
(C) by adding at the end the following:
``(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--
``(i) specifies that the child has been or
is being removed from the custody of the parent
or parents; and
``(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;''.
(2) Effective date.--The amendments made by this section
shall take effect on October 1, 2007.
SEC. 113. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE
FOSTER FAMILY HOMES.
Section 471(a)(10) of the Social Security Act (42 U.S.C.
671(a)(10)) is amended by inserting before the semicolon the following:
``, and, at the option of the State, that the authority or authorities
may--
``(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); and
``(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.''.
SEC. 114. APPLICATION OF STANDARDS TO ALL CHILDREN.
Section 471(a)(10) of the Social Security Act (42 U.S.C.
671(a)(10)) is amended by striking ``receiving funds under this part or
part B of this title'' and inserting ``caring for a child who is in the
custody of the State''.
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 (42 U.S.C. 672), as amended by subsections (a)(1)(A)(i)
and (e)(1) of section 111 of this Act, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Eligibility.--Each State with a plan approved under
this part shall make foster care maintenance payments on behalf
of--
``(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; and
``(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.'';
(B) in the paragraph heading of paragraph (2) by
inserting ``applicable to minors'' after
``requirements''; and
(C) by adding at the end the following:
``(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--
``(A) the foster care placement is in accordance
with a voluntary placement agreement entered into by
the individual;
``(B) the individual's placement and care meet the
requirement of paragraph (2)(B) of this subsection; and
``(C)(i) the individual has been placed in a foster
family home, child-care institution, or dwelling
described in subsection (b)(3)(C); or
``(ii) the individual has secured a dwelling
described in subsection (b)(3)(D).'';
(2) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``, or''; and
(C) by adding at the end the following:
``(3) in the case of a child who is an individual described
in subsection (j)(2) of this section--
``(A) in a home described in paragraph (1), in
accordance with the payment rules set forth in
paragraph (1);
``(B) in an institution described in paragraph (2),
in accordance with the payment rules set forth in
paragraph (2);
``(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; or
``(D) in housing rented or leased by the
individual.'';
(3) in subsection (e), by inserting ``minor'' before
``child who'';
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``a minor'' and inserting
``a child''; and
(ii) by striking ``the minor'' and
inserting ``the child (or, if the child has
attained 18 years of age, the child himself or
herself)''; and
(B) in paragraph (2)--
(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)''; and
(ii) by inserting ``(if the child is a
minor)'' after ``obligations of the parents or
guardians''; and
(5) by adding at the end the following:.
``(j) In this section, the term `child' means--
``(1) a minor child; and
``(2) an individual who--
``(A) has not attained 21 years of age; and
``(B) has been emancipated from foster care under
the responsibility of the State by reason of attaining
the age of majority.''.
(b) Adoption Assistance Payments.--
(1) In general.--Section 473(a)(1)(A) of such Act (42
U.S.C. 673(a)(1)(A)) is amended by inserting ``who have not
attained 21 years of age'' before the period.
(2) Conforming amendment.--Section 473(a)(4)(A) of such Act
(42 U.S.C. 673(a)(4)(A)) is amended by striking ``the age of
eighteen'' and all that follows through ``twenty-one'' and
inserting ``21 years of age''.
(c) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C.
674(a)(1)) is amended by striking ``under section 472 for children in
foster family homes or child-care institutions'' and inserting ``in
accordance with section 472''.
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.
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 (42 U.S.C. 671(a)), as amended by sections 104(a)
and 111(a)(3) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding at the end the following:
``(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.''.
(b) Judicial Review of Permanency Plan for Child Leaving Foster
Care.--Section 475(5)(C) of such Act (42 U.S.C. 675(5)(C)) is amended--
(1) by striking ``and (iii)'' and inserting ``(iii)''; and
(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;''.
(c) Case Plans To Include Description of Housing Arrangements for
Children Aging Out of Foster Care.--Section 475(1)(D) of such Act (42
U.S.C. 675(1)(D)) is amended by inserting ``, and of the steps taken to
ensure that such child will have a permanent living arrangement if they
are emancipated from foster care and (in the case of a child age 17 or
over or with a permanency goal of emancipation) documentation of the
permanent living arrangements upon emancipation'' before the period.
(d) Review of Steps Taken To Ensure Appropriate Housing for
Children Leaving Foster Care.--Section 475(5)(C)(iii) of such Act (42
U.S.C. 675(5)(C)(iii)) is amended by inserting ``, and reviews all
documentation of the efforts to secure a permanent living arrangement
for the child upon emancipation from foster care'' before the
semicolon.
(e) Modification of Case Plan Requirements.--Section 475(1)(D) of
such Act (42 U.S.C. 675(1)(D)) is amended to read as follows:
``(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.''.
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 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (27), at the end by striking ``and'';
(2) in paragraph (28), at the end by striking the period
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(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;
``(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; and
``(30) provide that the State has in effect (or will
develop and implement) standards to--
``(A) reduce the rate of occurrence of juveniles
running away from placements in secure detention or
confinement or nonsecure residential placements;
``(B) locate juveniles who have run away from such
placements; and
``(C) return such juveniles to such respective
placements.''.
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 (42
U.S.C. 290dd et seq.) is amended by adding at the end the following
section:
``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.''.
(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 (42 U.S.C. 300x-53(a)) is amended--
(1) in paragraph (2), at the end by striking ``and'';
(2) in paragraph (3), at the end by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(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.''.
(c) Requirement Applied to State Plan for Medical Assistance Under
Medicaid Program.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (69), at the end by striking ``and'';
(2) in paragraph (70), at the end by striking the period
and inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(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.''.
(d) Effective Dates.--
(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.
(2) Medicaid amendment.--
(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.
(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.
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''.
SEC. 202. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701)
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and
(2) by inserting after paragraph (2) the following:
``(3) services to such young people should be developed and
provided using a positive youth development approach that
ensures the young person a sense of--
``(A) safety and structure;
``(B) belonging and membership;
``(C) self-worth and social contribution;
``(D) independence and control over one's life; and
``(E) closeness in interpersonal relationships.''.
SEC. 203. BASIC CENTER PROGRAM.
(a) Services Provided.--Section 311(a) of the Runaway and Homeless
Youth Act (42 U.S.C. 5711(a)) is amended--
(1) by amending paragraph (2)(B)(i) to read as follows:
``(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'', and
(2) in subsection (b)(2)--
(A) by striking ``$100,000'' and inserting
``$200,000'',
(B) by striking ``$45,000'' and inserting
``$100,000'', and
(C) by adding at the end the following:
``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.''.
(b) Eligibility.--Section 312(b) of the Runaway and Homeless Youth
Act (42 U.S.C. 5712(b)) is amended--
(1) in paragraph (11) by striking ``and'' at the end,
(2) in paragraph (12) by striking the period and inserting
``; and'', and
(3) by adding at the end the following:
``(13) shall develop an adequate emergency preparedness and
management plan.''.
(c) Definition.--Section 387(3)(A)(i) of the Runaway and Homeless
Youth Act (42 U.S.C. 5782a(3)(A)(i)) is amended by striking ``not more
than 18'' and inserting ``less than 18 unless the center is located in
a State or locality with a child- or youth-serving facility licensure
law or regulation that permits a higher age''.
SEC. 204. RENOVATION.
Section 321 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-
1) is amended by inserting ``(including renovation)'' after
``operate''.
SEC. 205. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility.--Section 322(a) of the Runaway and Homeless Youth
Act (42 U.S.C. 5714-2(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``indirectly'' inserting ``by
contract (excluding the use of vouchers)'', and
(B) by striking ``services'' the 1st place it
appears and inserting ``provide, directly or indirectly
(excluding the use of vouchers), services,''.
(2) in paragraph (2)--
(A) by striking ``, except'' and inserting
``(except'', and
(B) by striking ``period;'' and inserting the
following:
``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;'',
(3) in paragraph (14) by striking ``and'' at the end,
(4) n paragraph (15) by striking the period and inserting
``; and'', and
(5) by adding at the end the following:
``(16) to develop an adequate emergency preparedness and
management plan.''.
SEC. 206. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5714-21 et
seq.) is amended by adding at the end the following:
``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--
``(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; and
``(2) that includes with such estimate an assessment of the
characteristics of such individuals.
``(b) Content.--Each assessment required by subsection (a) shall
include--
``(1) the results of conducting a survey of, and direct
interviews with, a representative sample of runaway and
homeless individuals who are not less than 13 years of age and
not more than 25 years of age to determine past and current--
``(A) socioeconomic characteristics of such
individuals;
``(B) barriers to such individuals obtaining--
``(i) safe, quality, and affordable
housing;
``(ii) comprehensive and affordable health
insurance and health services; and
``(iii) incomes, public benefits,
supportive services, and connections to caring
adults;
``(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.
``(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.''.
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--
(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, and
(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.
(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.
SEC. 208. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
The Runaway and Homeless Youth Act (42 U.S.C. 5601 et seq.) is
amended--
(1) by redesignating part F as part G,
(2) by inserting after part E the following:
``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN
``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN. .
``(a) In General.--The Secretary shall, directly or 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--
``(1) preventing runaway and homeless situations among
youth in the United States;
``(2) increasing awareness of individuals of all ages of
the issues facing youth in runaway and homeless situations;
``(3) assisting youth in crisis situations learn about
resources and services available in their communities to
intervene in or resolve the crisis; and
``(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.
``(b) Use of Funds.--
``(1) In general.--Amounts made available to carry out this
section for the national awareness campaign may only be used
for the following:
``(A) The purchase of media time and space,
including the strategic planning for, and accounting
of, such purchases.
``(B) Creative and talent costs.
``(C) Advertising production costs.
``(D) Testing and evaluation of advertising.
``(E) Evaluation of the effectiveness of the
national media campaign.
``(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.
``(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.
``(H) Entertainment industry outreach, interactive
outreach, media projects and activities, public
information, news media outreach, and corporate
sponsorship and participation.
``(I) Operational and management expenses.
``(2) Specific requirements.--
``(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.
``(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--
``(i) designate an independent entity to
evaluate the effectiveness of the national
awareness campaign; and
``(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.
``(c) Prohibitions.--None of the amounts made available under
subsection (b) may be obligated or expended for any of the following:
``(1) To supplant pro bono public service time donated by
national and local broadcasting networks for the national
awareness campaign.
``(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.
``(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.
``(4) To fund advertising that does not contain a primary
message intended to reduce or prevent runaway and homeless
situations among youth.
``(5) To fund advertising containing a primary message
intended to promote support for the awareness campaign or
private sector contributions to the awareness campaign.
``(d) Financial and Performance Accountability.--The Secretary
shall cause to be performed--
``(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 (41 U.S.C. 254d); and
``(2) an audit to determine whether the costs of the
national awareness campaign are allowable under section 306 of
such Act (41 U.S.C. 256).
``(e) Report.--The Secretary shall include in each report submitted
under section 381(a) a summary of the national awareness campaign that
describes--
``(1) the strategy of the national awareness campaign and
whether specific objectives of the media campaign were
accomplished;
``(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;
``(3) plans to purchase advertising time and space;
``(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; and
``(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the national
awareness campaign.'', and
(3) in section 388(a)--
(A) in paragraph (1) by striking ``part E'' and
inserting ``parts E and F'', and
(B) in paragraph (2) by adding at the end the
following:
``(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.''.
SEC. 209. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE
PROJECTS.
Section 343(b) Runaway and Homeless Youth Act (42 U.S.C. 5714-
23(b)) is amended to read as follows:
``(b) Priorities.--The Secretary--
``(1) shall establish priorities for making grants for
purposes of carrying out projects under subsection (a); and
``(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.''.
SEC. 210. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(a)(1) Runaway and Homeless Youth Act (42 U.S.C. 5714-
41(a)(1)) is amended by inserting ``public and'' after ``priority to''.
SEC. 211. PERFORMANCE STANDARDS.
Part G, as so redesignated, of Runaway and Homeless Youth Act (42
U.S.C. 5714a et seq.) is amended by adding at the end the following:
``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.
``(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).
``(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.''.
SEC. 212. APPEALS.
Part G, as so redesignated and as amended by section 209, of
Runaway and Homeless Youth Act (42 U.S.C. 5714a et seq.) is amended by
adding at the end the following:
``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.
``(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).
``(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.''.
SEC. 213. DEFINITION.
Section 387 Runaway and Homeless Youth Act (42 U.S.C. 5732a) is
amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively, and
(2) by inserting after paragraph (3) the following:
``(4) Runaway youth.--The term `runaway 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.''.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) Runaway and Homeless Youth Act (42 U.S.C. 5751(a))
is amended--
(1) in paragraph (1)--
(A) by striking ``$105,000,000 for fiscal year
2004'' and inserting ``$200,000,000 for fiscal year
2009'', and
(B) by striking ``2005, 2006, 2007, and 2008'' and
inserting ``2010, 2011, 2012, and 2013'' , and
(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''.
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 (20 U.S.C. 1070 et seq.) is amended by inserting
after section 428K the following new section:
``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.
``(b) Loan Forgiveness.--
``(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.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(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; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(c) Eligible Borrower.--The Secretary is authorized to provide
loan forgiveness under this section to any individual who--
``(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; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(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.
``(e) Loan Forgiveness Agreement.--
``(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--
``(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;
``(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;
``(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;
``(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; and
``(E) the Secretary shall provide loan forgiveness
under this section for the period of the agreement,
subject to the availability of appropriations.
``(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).
``(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.
``(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.
``(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.
``(i) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(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).
``(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 (42 U.S.C. 5701
et seq.), or that the Secretary of Health and Human Services determines
to meet the requirements for receiving such grant awards.
``(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.''.
(b) Cancellation of Loans.--
(1) Amendment.--Section 465(a)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087ee(a)(2)) is amended--
(A) by striking ``or'' at the end of subparagraph
(H);
(B) by striking the period at the end of
subparagraph (I) and inserting ``; or''; and
(C) by inserting after subparagraph (I) the
following new subparagraph:
``(J) as a full-time worker for runaway and
homeless youth (as defined in section 428L).''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to--
(A) eligible loans made before, on, or after the
date of enactment of this Act; and
(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.
(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 (20 U.S.C. 1087ee(a)).
Subtitle B--HUD McKinney-Vento Programs
SEC. 221. DEFINITION OF HOMELESS INDIVIDUAL.
Section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--For purposes of this Act, the terms `homeless',
`homeless individual', and `homeless person'--
``(1) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(2) include--
``(A) an individual who--
``(i) is sharing the housing of other
persons due to loss of housing, economic
hardship, or a similar reason;
``(ii) is living in a motel, hotel, trailer
park, or camping ground due to the lack of
alternative adequate accommodations;
``(iii) is living in an emergency or
transitional shelter;
``(iv) is abandoned in a hospital; or
``(v) is awaiting foster care placement;
``(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;
``(C) an individual who is living in a car, park,
public space, abandoned building, substandard housing,
bus or train station, or similar setting; and
``(D) migratory children (as such term is defined
in section 1309 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6399) who qualify as
homeless for the purposes of this Act because the
children are living in circumstances described in any
of subparagraphs (A) through (C) of this paragraph.'';
and
(2) in subsection (c)--
(A) by striking ``or otherwise detained''; and
(B) by inserting after the period at the end the
following: ``Such term includes individuals who have
been released from prison on parole.''.
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 (42 U.S.C. 11374(a)) is amended by inserting after
paragraph (4) the following new paragraph:
``(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.''.
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 (42 U.S.C. 11385(c)) is amended by striking ``and (G)''
and inserting the following: ``(G) establishing and operating 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, and (H)''.
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 (42 U.S.C. 677(h)(1)) is amended by striking
``$140,000,000'' and inserting ``$200,000,000''.
(b) Expansion of Eligibility for Services.--Section 477 of such Act
(42 U.S.C. 677) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``18'' and
inserting ``14''; and
(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'';
(2) in each of subsections (b)(3)(A) and (b)(3)(B), by
striking ``21'' and inserting ``25'';
(3) in subsection (i)--
(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''; and
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (6) as paragraphs (3) through
(5), respectively.
(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.--
(1) Independent living services.--Section 477(a) of such
Act (42 U.S.C. 677(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following:
``(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.''.
(2) Education and training vouchers.--Section 477(i)(2) of
such Act (42 U.S.C. 677(i)(2)) is amended by striking ``from
foster care after attaining age 16'' and inserting ``or
entering kinship guardianship from foster care after attaining
14 years of age''.
(d) Eligibility of Private Service Providers for Funds.--Section
477(b)(2) of such Act (42 U.S.C. 677(b)(2)) is amended by adding at the
end the following:
``(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.''.
(e) Expansion of Program Evaluations.--Section 477(g)(1) of such
Act (42 U.S.C. 677(g)(1)) is amended--
(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'';
(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.''; and
(3) in the 3rd sentence, by inserting ``, where
practicable,'' before ``random assignment''.
(f) Improving Awareness of Available Services.--
(1) Duties of the secretary.--Section 477 of such Act (42
U.S.C. 677) is amended by adding at the end the following:
``(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.''.
(2) Duties of the state.--Section 477(b)(3) of such Act (42
U.S.C. 677(b)(3)) is amended--
(A) by redesignating subparagraphs (H) through (J)
as subparagraphs (I) through (K), respectively; and
(B) by inserting after subparagraph (F) the
following:
``(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.''.
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:
(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.
(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.
(3) To help such individuals at the pre-release and post-
release stages prepare for and enter postsecondary training and
education institutions.
(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.
(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.
(6) To make available to such individuals post-release
vouchers for education and training, including postsecondary
training and education.
(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.
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.
(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:
(1) Design and deliver programs to achieve the purposes of
this title.
(2) Ensure utilization of funds for both pre-release and
post-release supports and services, though not necessarily in a
uniform manner.
(3) Ensure that the programs serve individuals described in
section 241(1) of various ages and at various stages of
achieving independence.
(4) Involve the public and private sectors in helping such
individuals achieve independence.
(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.
(6) Cooperate in national evaluations of the effects of the
programs in achieving the purposes of this title.
(c) Certifications.--The certifications required by this paragraph
with respect to a plan are the following:
(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).
(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.
(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.
(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.
(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 42 U.S.C. 677 and
transitional living youth projects funded under part B of title
III of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5714-1 et seq.)), local housing programs,
programs for disabled individuals, and youth activities of
local workforce one-stop centers.
(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.
(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.
(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.
(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.
(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--
(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); and
(B) to avoid duplication of benefits under this and
any other Federal or federally assisted benefit
program.
(d) Approval.--The Attorney General shall approve an application
submitted by a State pursuant to subsection (a) for a period if--
(1) the application is submitted on or before June 30 of
the calendar year in which such period begins; and
(2) the Attorney General finds that the application
contains the material required by subsection (a).
(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.
(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.
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).
(b) Hold Harmless Position.--
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
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.
(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.
(c) Penalties Based on Degree of Noncompliance.--The Attorney
General shall assess penalties under this subsection based on the
degree of noncompliance.
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--
(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;
(2) identify data elements needed to track--
(A) the number and characteristics of youths
receiving services under this title;
(B) the type and quantity of services being
provided; and
(C) State performance on the outcome measures; and
(3) develop and implement a plan to collect the needed
information beginning with the second fiscal year beginning
after December 14, 2008.
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.
(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.
SEC. 248. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year--
(1) $200,000,000 to carry out this title; and
(2) $60,000,000 to carry out section 249.
SEC. 249. EDUCATIONAL AND TRAINING VOUCHERS.
The following conditions shall apply to a State educational and
training voucher program under this title:
(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.
(2) Vouchers provided for an individual under this title--
(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 (20
U.S.C. 1002); and
(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).
(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.
(4) The program is coordinated with other appropriate
education and training programs.
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 (42 U.S.C. 10401 et
seq.) is amended by inserting after section 319 the following new
section:
``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.
``(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--
``(1) provide voluntary and confidential access to such
youth;
``(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;
``(3) provide such youth with appropriate services under
subsection (d) to facilitate transition of the resident youth
to self-sufficient living; and
``(4) provide a number of staff sufficient to ensure that
all youth at the facility receive adequate supervision and
services.
``(c) Supportive Services.--Support services described in this
subsection include the following:
``(1) outreach for the purpose of identifying youth
subjected to trafficking;
``(2) preventative, primary care and specialty health
services (including screening and treatment for sexually
transmitted illnesses, counseling, mental health services, and
substance abuse services);
``(3) habilitation and rehabilitation;
``(4) case management;
``(5) service coordination;
``(6) personal financial planning;
``(7) life skills education;
``(8) parenting education;
``(9) transportation;
``(10) vocational training;
``(11) employment and training;
``(12) education;
``(13) assistance in obtaining public benefits;
``(14) assistance in obtaining income support;
``(15) assistance in obtaining health insurance;
``(16) representative payee services;
``(17) legal assistance;
``(18) child care;
``(19) housing counseling;
``(20) recreational services;
``(21) leadership development; and
``(22) other services necessary for transition to self-
sufficient living.
``(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.
``(e) Reports.--
``(1) To secretary.--
``(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.
``(B) Contents.--Each report shall include
information regarding--
``(i) the purpose and amount of shelter
provided to each youth assisted pursuant to
this section;
``(ii) the number of months each youth was
provided such assistance;
``(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; and
``(iv) the type of services provided to
each youth assisted pursuant to this section;
and
``(v) such other information as the
Secretary considers necessary or appropriate to
carry out the purposes of this section.
``(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).
``(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.
``(g) Definitions.--For purposes of this section, the following
definitions shall apply:
``(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 (22 U.S.C. 7102).
``(2) Sex trafficking.--The term `sex trafficking' has the
meaning given the term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(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--
``(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; and
``(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.
``(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.
``(i) Regulations.--The Secretary shall issue any regulations
necessary or appropriate to carry out this section.''.
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:
``(J) a qualified homeless youth.''.
(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:
``(11) Qualified homeless youth.--The term `qualified
homeless youth' means any individual who is certified by the
designated local agency--
``(A) as having attained age 16 but not age 25 on
the hiring date; and
``(B) as being described in paragraph (2) of
section 725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a), as in effect on the date of the
enactment of this paragraph, on the hiring date.''.
(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.
SEC. 302. UNACCOMPANIED YOUTH ACCESS TO WORKFORCE INVESTMENT
ACTIVITIES.
(a) Definition.--Section 101 of the Workforce Investment Act of
1998 (20 U.S.C. 2801) is amended by redesignating paragraphs (52) and
(53) as paragraphs (53) and (54), respectively, and inserting after
paragraph (51) the following new paragraph:
``(52) Youth.--The term `youth' means an individual age 13
through 24.''.
(b) Representatives of Homeless Youth on WIA Youth Councils.--
Section 117(h)(2)(A) of the Workforce Investment Act of 1998 (20 U.S.C.
2832(h)(2)(A)) is amended by redesignating clause (iii) through (vi) as
clause (iv) through (vii), respectively, and inserting after clause
(ii) the following new clause:
``(iii) representatives of organizations or
agencies that provide assistance to runaway or
homeless youth;''.
(c) Participation of Youth in WIA Activities Without Parental
Consent.--Section 112(b)(18)(B) of the Workforce Investment Act of 1998
(20 U.S.C. 2822(b)(18)(B)) is amended by striking the semicolon at the
end and inserting ``, and including criteria that provides for the
participation of minor-age youth in youth activities without a
requirement of parental consent;''.
SEC. 303. UNACCOMPANIED YOUTH ACCESS TO PUBLIC HEALTH SERVICES.
(a) Prevention, Treatment, and Rehabilitation Model Projects for
High Risk Youth.--
(1) Prioritization of services for runaway, homeless, and
street youth.--Section 517(b) of the Public Health Service Act
(42 U.S.C. 290bb-23(b)) is amended--
(A) in paragraph (1), by inserting ``runaway,
homeless, and street children and youth,'' after
``adolescent parents,''; and
(B) in paragraph (2), by inserting
``homelessness,'' after ``suicide,''.
(2) Definition of runaway, homeless, and street youth as
high risk.--Section 517(g) of the Public Health Service Act (42
U.S.C. 290bb-23(g)) is amended--
(A) in paragraph (9), by striking ``or'' after the
semicolon;
(B) in paragraph (10), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following paragraph:
``(11) is a runaway, homeless, or street youth.''.
(b) Substance Abuse Treatment Services for Children and
Adolescents.--
(1) Technical amendment.--The second section 514 of the
Public Health Service Act (42 U.S.C. 290bb-9; relating to
methamphetamine and amphetamine treatment initiative) is
redesignated as section 514B.
(2) Priority.--Section 514(b) of the Public Health Service
Act (42 U.S.C. 290bb-7(b)) is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) provide treatment and aftercare services to runaway,
homeless, and street youth.''.
(3) Authorization of appropriations.--Section 514(f) of the
Public Health Service Act (42 U.S.C. 290bb-7(f)) is amended--
(A) by striking ``There are'' and inserting the
following:
``(1) In general.--There are'';
(B) by striking ``and'' before ``such sums'';
(C) by inserting ``, and $60,000,000 for each of
fiscal years 2008 through 2012'' before the period at
the end; and
(D) by adding at the end the following:
``(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.''.
(c) Grants for the Benefit of Homeless Individuals.--Section 506(e)
of the Public Health Service Act (42 U.S.C. 290aa-5(e)) is amended--
(1) by striking ``and'' before ``such sums''; and
(2) by inserting ``, and $100,000,000 for each of fiscal
years 2008 through 2012'' before the period at the end.
(d) Increased Collaboration Between SAMHSA and ACF.--
(1) Center for substance abuse treatment.--Section 507(b)
of the Public Health Service Act (42 U.S.C. 290bb(b)) is
amended--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(15) collaborate with the Assistant Secretary for
Children and Families to develop programs to provide substance
abuse treatment services to--
``(A) children and families who have or had contact
with the child welfare system; and
``(B) runaway, homeless, and street youth and their
families.''.
(2) Office for substance abuse prevention.--Section 515(b)
of the Public Health Service Act (42 U.S.C. 290bb-21(b)) is
amended--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(12) collaborate with the Assistant Secretary for
Children and Families to develop programs to prevent alcohol
abuse and drug abuse among--
``(A) children and families who have or had contact
with the child welfare system; and
``(B) runaway, homeless, and street youth and their
families.''.
(3) Center for mental health services.--Section 520(b) of
the Public Health Service Act (42 U.S.C. 290bb-31(b)) is
amended--
(A) in paragraph (14), by striking ``and'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(16) collaborate with the Assistant Secretary for
Children and Families to develop programs to provide mental
health services to--
``(A) children and families who have or had contact
with the child welfare system; and
``(B) runaway, homeless, and street youth and their
families.''.
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.--
(1) In general.--Section 1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
(A) in subclause (VI), by striking ``or'' at the
end;
(B) in subclause (VII), by striking the semicolon
at the end and inserting a comma; and
(C) by adding at the end the following new
subclause:
``(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''.
(2) Unaccompanied youth defined.--Section 1905 of such Act
(42 U.S.C. 1396d) is amended by adding at the end the following
new subsection:
``(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.''.
(3) Adjustment in fmap to account for expanded coverage.--
Section 1905 of the Social Security Act (42 U.S.C. 1396d), as
amended by paragraph (2), is further amended--
(A) in the first sentence of subsection (b)--
(i) by striking ``and (4)'' and inserting
``(4)''; and
(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''; and
(B) by adding at the end the following new
subsection:
``(z) Computation of Youth Access Medical Assistance Percentage.--
``(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--
``(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)), less
``(ii) the State share of basic expenditures for
youth-related medical assistance described in paragraph
(2) for the State and the quarter, to
``(B) the total expenditures referred to in
subparagraph (A)(i).
``(2) State share for basic expenditures for youth-related
medical assistance.--
``(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:
``(i) Base amount.--The base FY 2006 amount
(specified in subparagraph (B)) for the State.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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).''.
(4) Conforming amendments.--
(A) Section 1902(e)(3)(A) (42 U.S.C.
1396a(e)(3)(A)) is amended by striking ``18 years of
age'' and inserting ``24 years of age''.
(B) Section 1902(e)(12) (42 U.S.C. 1396a(e)(12)) is
amended by striking ``19 years of age'' and inserting
``25 years of age''.
(C) Section 1905(a)(i) (42 U.S.C. 1396d(a)(i)) is
amended by striking ``age of 21'' and inserting ``age
of 25''.
(D) Section 1920A(b)(1) (42 U.S.C. 1396r-1a(b)(1))
is amended by striking ``19 years of age'' and
inserting ``25 years of age''.
(E) Section 1928(h)(1) (42 U.S.C. 1396s(h)(1)) is
amended by striking ``18 years of age'' and inserting
``24 years of age''.
(F) Section 1932(a)(2)(A) (42 U.S.C. 1396u-
2(a)(2)(A)) is amended by striking ``19 years of age''
and inserting ``25 years of age''.
(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.--
(1) Establishment as mandatory category.--Section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)), as amended by subsection (a)(1), is
further amended by adding at the end the following new
subclause:
``(IX) who are independent foster
care adolescents (as defined in section
1905(w)(1)); and''.
(2) Expanded coverage through age 24.--Section 1905(w) of
such Act (42 U.S.C. 1396d(w)) is amended--
(A) in paragraph (1), by inserting ``, subject to
paragraph (3),'' after ``means'';
(B) in paragraph (1)(A), by striking ``under 21''
and inserting ``under 25''; and
(C) in paragraph (3)--
(i) by striking ``section
1902(a)(10)(A)(ii)(XVII)'' and inserting
``section 1902(a)(10)(A)(i)(IX)''; and
(ii) by striking ``18 years of age'' and
inserting ``25 years of age''.
(3) Conforming amendments.--
(A) Section 1902(a)(10)(A)(ii) of such Act (42
U.S.C. 1396b(a)(10)(A)(ii)) is amended by striking
subclause (XVII).
(B) Section 1903(f)(4) of such Act (42 U.S.C.
1396b(f)(4)) is amended by striking
``1902(a)(10)(A)(ii)(XVII),'' and inserting
``1902(a)(10)(A)(i)(IX),''.
(c) Cost-Sharing Protections for Children and Pregnant Women.--
(1) In general.--Section 1916 of the Social Security Act
(42 U.S.C. 1396o) is amended--
(A) in subsection (a), by striking ``subsections
(g) and (i)'' and inserting ``subsections (g), (i), and
(j)''; and
(B) by adding at the end the following new
subsection:
``(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.
``(2) In the case of an individual described in paragraph (1),
there shall be no premium imposed for coverage under this title.
``(3) Subject to paragraph (5), in the case of an individual
described in paragraph (1) whose family income--
``(A) does not exceed 200 percent of the poverty line,
there shall be no out-of-pocket cost-sharing imposed under this
title; or
``(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.
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.
``(4) A State may elect to waive or reduce out-of-pocket cost-
sharing otherwise authorized under this subsection.
``(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.
``(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.''.
(2) Conforming amendment.--Section 1916A(a)(1) of such Act
(42 U.S.C. 1396o-1(a)(1)) is amended by striking ``section
1916(g)'' and inserting ``subsections (g) and (j) of section
1916''.
(d) Requirement To Permit Unaccompanied Youth to Apply for Medical
Assistance.--Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is
amended--
(1) in paragraph (69), by striking ``and'' at the end;
(2) in paragraph (70), by striking at the end the period
and inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(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.''.
(e) Effective Date.--
(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.
(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.
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 (20 U.S.C. 7173(a)) is amended--
(1) in paragraph (10) by inserting after ``participating
students'' the following: ``, including homeless children and
youths,'';
(2) in paragraph (13) by striking ``and'' at the end;
(3) in paragraph (14) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(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.''.
SEC. 402. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
The McKinney-Vento Homeless Assistance Act is amended--
(1) in section 722(g) (42 U.S.C. 11432(g))--
(A) in paragraph (1)--
(i) in subparagraph (F), by amending clause
(ii) to read as follows:
``(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''; and
(ii) in subparagraph (J)--
(I) in clause (ii), by striking
``and'' at end; and
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking the colon at the end
and inserting ``--'';
(bb) in subclause (I)--
(AA) by striking
``If the homeless
child'' and inserting
``if the homeless
child''; and
(BB) by striking
the period at the end
and inserting ``;
and'';
(cc) in subclause (II)--
(AA) by striking
``If the homeless
child's'' and inserting
``if the homeless
child's''; and
(BB) by striking
the period at the end
and inserting ``;
and''; and
(dd) by adding at the end
the following new clause:
``(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.'';
(B) in paragraph (3)--
(i) by amending subparagraph (B) to read as
follows:
``(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--
``(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;
``(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--
``(I) the harmful impact of school
mobility on academic achievement and
social and emotional well-being;
``(II) the age of the child or
youth;
``(III) the impact any commute may
have on the child's or youth's
education;
``(IV) personal safety issues;
``(V) the child's or youth's need
for special instruction, including
special education and related services;
``(VI) the length of anticipated
stay in temporary shelter or other
temporary location;
``(VII) the time remaining in the
school year; and
``(VIII) the school placement of
family members;
``(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;
``(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); and
``(v) provide transportation pursuant to
subsections (g)(1)(J)(iii) and (g)(4).'';
(ii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) The school selected in accordance
with this paragraph shall immediately enroll
the homeless child or youth, regardless of
whether the child or youth--
``(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;
``(II) has unpaid school fees from
prior schools and is unable to pay fees
in the school selected; or
``(III) has missed application
deadlines during any period of
homelessness.'';
(II) by adding at the end the
following new clause:
``(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.''; and
(iii) by amending subparagraph (D) to read
as follows:
``(D) Records.--
``(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--
``(I) maintained so that such
records are available, in a timely
fashion, when a child or youth enters a
new school or school district;
``(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; and
``(III) handled in a manner
consistent with section 444 of the
General Education Provisions Act (20
U.S.C. 1232g).
``(ii) Release.--School records needed for
academic placement decisions shall be released
immediately by fax or other available
electronic means.''; and
(C) in paragraph (6)(A)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) in clause (vii), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following
new clause:
``(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).'';
(2) in section 725(6) (42 U.S.C. 11434a(6)), by inserting
``legal'' before ``guardian''; and
(3) in section 726 (42 U.S.C. 11435), by inserting before
the period at the end the following: ``, and $140,000,000 for
fiscal year 2008 and such sums as may be necessary for each of
fiscal years 2009 through 2015''.
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 (20 U.S.C. 7131 et seq.) is amended by
adding at the end the following:
``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.
``(b) Eligible Entities.--For purposes of this section, the term
`eligible entity' means--
``(1) a local educational agency;
``(2) a State educational agency; or
``(3) an Indian tribe.
``(c) Use of Funds.--Funds received under this section may be
used--
``(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;
``(2) to train school system personnel in positive
behavioral interventions and supports and graduated discipline
policies and practices;
``(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; and
``(4) to provide opportunities for student support services
personnel to staff in-school suspension and expulsion programs.
``(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.''.
(b) Conforming Amendment.--Section 4003(2) of such Act (20 U.S.C.
7103) is amended by inserting ``(excluding section 4131)'' before the
period at the end.
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--
(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; and
(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.
SEC. 502. FINANCIAL ASSISTANCE FOR DISCONNECTED STUDENTS.
(a) Special Circumstances.--Section 479A(a) of the Higher Education
Act of 1965 (20 U.S.C. 1087tt(a)) is amended, in the third sentence, by
inserting ``a change in housing status that results in homelessness,''
before ``or other changes''.
(b) Independent Students.--Section 480(d) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(d)) is amended to read as follows:
``(d) Independent Student.--
``(1) Definition.--The term `independent', when used with
respect to a student, means any individual who--
``(A) is 24 years of age or older by December 31 of
the award year;
``(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;
``(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;
``(D) is an emancipated youth, as defined by the
student's State of legal residence;
``(E) is in legal guardianship, as defined in
section 475 of the Social Security Act (42 U.S.C. 675);
``(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;
``(G) is a graduate or professional student;
``(H) is a married individual;
``(I) has legal dependents other than a spouse;
``(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 (42 U.S.C. 11434a), during the school
year in which the application for financial assistance
is submitted, or during the individual's final year of
secondary school, by--
``(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 (42 U.S.C.
11432(g)(1)(J)(ii));
``(ii) a director of a homeless shelter,
transitional shelter, basic center,
transitional living program, or independent
living program; or
``(iii) a financial aid administrator; or
``(K) is a student for whom a financial aid
administrator makes a documented determination of
independence by reason of other unusual circumstances.
``(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.''.
(c) Tailoring Electronic Applications for Students With Special
Circumstances.--Section 483(a) of the Higher Education Act of 1965 (20
U.S.C. 1090(a)) is amended by adding at the end the following:
``(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--
``(A) allowing such student to indicate the
student's special circumstance on the electronic
version of a form developed under paragraph (5);
``(B) collecting and processing, on a preliminary
basis, data provided by such student using the
electronic version of the form; or
``(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.''.
SEC. 503. FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS FOR
DISCONNECTED STUDENTS.
(a) Federal TRIO Programs.--
(1) Definition of homeless children and youths.--Section
402A(g) of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11(g)) is amended--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(B) in paragraph (5), as so redesignated, by
striking ``paragraph (3) if'' and inserting ``paragraph
(4) if''; and
(C) by inserting after paragraph (1) the following:
``(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 (42 U.S.C.
11434a).''.
(2) Talent search.--Section 402B(b)(10) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-12(b)(10)) is amended to
read as follows:
``(10) programs and activities as described in paragraphs
(1) through (9) which are specially designed for--
``(A) students of limited English proficiency;
``(B) students who are homeless children and
youths;
``(C) students who are in foster care or are aging
out of the foster care system;
``(D) students who are adjudicated or convicted
juveniles or who are exiting the juvenile justice or
criminal justice systems; and
``(E) students who are pregnant or parenting.''.
(3) Upward bound.--Section 402C(b)(12) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-13(b)(12)) is amended to
read as follows:
``(12) programs and activities as described in paragraphs
(1) through (11) which are specially designed for--
``(A) students of limited English proficiency;
``(B) students who are homeless children and
youths;
``(C) students who are in foster care or are aging
out of the foster care system;
``(D) students who are adjudicated or convicted
juveniles or who are exiting the juvenile justice or
criminal justice systems; and
``(E) students who are pregnant or parenting.''.
(4) Student support services.--Section 402D of the Higher
Education Act of 1965 (20 U.S.C. 1070a-14) is amended--
(A) in subsection (a)(3)--
(i) by striking ``students and'' and
inserting ``students,''; and
(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; and
(B) in subsection (b)--
(i) in paragraph (9), by striking ``and''
after the semicolon;
(ii) by amending paragraph (10) to read as
follows:
``(10) programs and activities as described in paragraphs
(1) through (9) which are specially designed for--
``(A) students of limited English proficiency;
``(B) students who are homeless children and
youths;
``(C) students who are in foster care or are aging
out of the foster care system;
``(D) students who are adjudicated or convicted
juveniles or who are exiting the juvenile justice or
criminal justice systems;
``(E) students who are pregnant or parenting;
and''; and
(iii) by adding at the end the following:
``(11) assistance in securing housing for--
``(A) students who are, or who were, homeless
children and youths;
``(B) students who are aging out of the foster care
system;
``(C) students who are exiting the juvenile justice
or criminal justice systems; or
``(D) students who are pregnant or parenting.''.
(5) Educational opportunity centers.--Section 402F(b)(10)
of the Higher Education Act of 1965 (20 U.S.C. 1070a-16(b)(10))
is amended to read as follows:
``(10) programs and activities as described in paragraphs
(1) through (9) which are specially designed for--
``(A) students of limited English proficiency;
``(B) students who are homeless children and
youths;
``(C) students who are in foster care or are aging
out of the foster care system;
``(D) students who are adjudicated or convicted
juveniles or who are exiting the juvenile justice or
criminal justice systems; and
``(E) students who are pregnant or parenting.''.
(6) Staff development activities.--Section 402G(b)(3) of
the Higher Education Act of 1965 (20 U.S.C. 1070a-17(b)(3)) is
amended by striking ``chapter.'' and inserting ``chapter,
including strategies for recruiting and serving 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.''.
(b) GEAR-UP Programs.--
(1) Requirements for gaining early awareness and readiness
for undergraduate programs.--Section 404B(c)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-22(c)(2)) is amended by
striking ``programs.'' and inserting ``programs, including
programs under subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11431 et seq.).''.
(2) Early intervention use of funds.--Section 404D(b)(2)(C)
of the Higher Education Act of 1965 (20 U.S.C. 1070a-
24(b)(2)(C)) is amended by inserting ``, for students who are
homeless children and youths, as defined in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), for
students who are in foster care or are aging out of the foster
care system, for students who are adjudicated or convicted
juveniles or who are exiting the juvenile justice or criminal
justice systems, or for students who are pregnant or
parenting'' before the period.
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 (20 U.S.C.
1070a et seq.) is amended by adding at the end the following new
subpart:
``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--
``(1) increase the secondary school graduation rates of
disconnected students;
``(2) increase the academic success of disconnected
students in secondary school; and
``(3) increase the enrollment and success of disconnected
students in higher education.
``SEC. 420L. DEFINITIONS.
``In this subpart:
``(1) Disconnected students.--The term `disconnected
students' means students who are--
``(A) homeless children and youths, as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a);
``(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;
``(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; or
``(D) pregnant or parenting youth.
``(2) Secretary.--The term `Secretary' means the Secretary
of Education.
``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--
``(1) one or more local educational agencies;
``(2) one or more degree-granting institutions of higher
education;
``(3) a recipient of a grant under subtitle B or C of title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11371 et seq., 11381 et seq.), or a recipient of a grant award
under sections 311, 321, or 351 of the Runaway and Homeless
Youth Act (42 U.S.C. 5711, 5714-1, 5714-41); and
``(4) businesses, community-based organizations, faith-
based organizations, State agencies, or other public or private
agencies or organizations.
``(b) Duration.--Grants, contracts, and cooperative agreements
under this subpart shall be awarded for a period of not more than 3
years.
``(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--
``(1) a description of how the partnership plans to carry
out the activities required under this subpart;
``(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; and
``(3) an assurance that the partnership will demonstrate
that, to the maximum extent practicable, the partnership is--
``(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;
and
``(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.
``(d) Award Considerations.--In awarding grants, contracts, or
cooperative agreements under this subpart, the Secretary shall consider
the following:
``(1) The number of disconnected students identified in the
area proposed to be served by the partnership.
``(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.
``(e) Authorized Activities.--Grants, contracts, and cooperative
agreements under this subpart shall be used to carry out one or more of
the following activities:
``(1) Services designed to assist disconnected students in
the completion of secondary school and in increasing academic
success, such as--
``(A) supplemental educational services;
``(B) academic counseling;
``(C) skills assessment; and
``(D) exposure to cultural events, academic
programs, and other activities not usually available to
disconnected students.
``(2) Services designed to assist disconnected students
with matriculation in an institution of higher education, such
as--
``(A) academic advice and assistance in course
selection;
``(B) assistance in completing college admission
and financial aid applications; and
``(C) assistance in preparing for college entrance
examinations.
``(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--
``(A) outreach to connect disconnected students to
supportive services;
``(B) life skills education;
``(C) subsidies for, or assistance with arranging,
transportation from the student's living arrangement to
the institution of higher education;
``(D) case management;
``(E) service coordination;
``(F) emergency assistance, including food,
clothing, and hygiene items;
``(G) assistance with--
``(i) obtaining income support;
``(ii) obtaining health insurance;
``(iii) applying for and obtaining veterans
benefits and other public benefits;
``(iv) obtaining campus-based child care;
``(v) obtaining permanent housing; and
``(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; and
``(H) referrals to--
``(i) supplemental educational services;
``(ii) employment and training services;
``(iii) personal financial planning and
housing counseling;
``(iv) legal aid;
``(v) health services, including primary
and preventive health services, family
planning, pediatric care, mental health,
substance abuse, and specialty care services;
``(vi) parenting education;
``(vii) child care;
``(viii) victim services; and
``(ix) homelessness prevention services.
``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.''.
SEC. 505. CONTINUAL ACCESS TO STUDENT HOUSING FOR HOMELESS YOUTH.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.) is further amended by adding after subpart 9 (as added
by section 504 of this Act) the following new subpart:
``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.
``(b) Regulations.--The Secretary of Education is authorized to
issue such regulations as may be necessary to carry out the provisions
of this section.
``(c) Definitions.--For the purposes of this section:
``(1) Eligible student.--The term `eligible student' means
an individual--
``(A) who is enrolled at an institution of higher
education, as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
``(B) who meets the definition of homeless children
and youth, as defined in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a), or
for any period during the 12-month period before the
student enrolled as such institution, met such
definition.
``(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 (20
U.S.C. 1002).
``(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.''.
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 (42 U.S.C. 1437f(o)) is amended by adding at the end the following
new paragraph:
``(21) Rental vouchers for homeless youth.--
``(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 (42 U.S.C.
5732a).
``(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.
``(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 (42 U.S.C.
5714-1 et seq.) and agree to administer rental
assistance under this paragraph. Subject only to the
availability of amounts for rental assistance under
this paragraph, the Secretary of Health and Human
Services shall provide, under each such contract for
rental assistance entered into with such an entity,
funding for the entity to provide at least two vouchers
for rental assistance for each unit of transitional
housing being made available by the entity at such
time.
``(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.''.
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 (42 U.S.C. 1437f(x)(2)) is amended--
(1) by striking ``for a period not to exceed 18 months,'';
and
(2) by striking ``not more than 21'' and inserting ``are
under 25''.
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 (42 U.S.C. 1437c-1(d)(1)) is
amended by striking ``and disabled families)'' and inserting ``,
disabled families, and youth not less than 13 years of age and not more
than age 24''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is amended--
(A) in subsection (b)--
(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,''; and
(ii) in paragraph (20), by striking
``service'' and inserting ``youth service and
other service''; and
(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,''.
(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.
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.
SEC. 605. TRANSITIONAL HOUSING ASSISTANCE FOR YOUTH VICTIMS OF
COMMERCIAL SEXUAL EXPLOITATION.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by inserting after section 319 the following new
section:
``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.
``(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--
``(1) provide voluntary and confidential access to such
youth;
``(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;
``(3) provide such youth with appropriate services under
subsection (d) to facilitate transition of the resident youth
to self-sufficient living; and
``(4) provide a number of staff sufficient to ensure that
all youth at the facility receive adequate supervision and
services.
``(c) Supportive Services.--Support services described in this
subsection include the following:
``(1) outreach for the purpose of identifying youth
subjected to trafficking;
``(2) preventative, primary care and specialty health
services (including screening and treatment for sexually
transmitted illnesses, counseling, mental health services, and
substance abuse services);
``(3) habilitation and rehabilitation;
``(4) case management;
``(5) service coordination;
``(6) personal financial planning;
``(7) life skills education;
``(8) parenting education;
``(9) transportation;
``(10) vocational training;
``(11) employment and training;
``(12) education;
``(13) assistance in obtaining public benefits;
``(14) assistance in obtaining income support;
``(15) assistance in obtaining health insurance;
``(16) representative payee services;
``(17) legal assistance;
``(18) child care;
``(19) housing counseling;
``(20) recreational services;
``(21) leadership development; and
``(22) other services necessary for transition to self-
sufficient living.
``(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.
``(e) Reports.--
``(1) To secretary.--
``(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.
``(B) Contents.--Each report shall include
information regarding--
``(i) the purpose and amount of shelter
provided to each youth assisted pursuant to
this section;
``(ii) the number of months each youth was
provided such assistance;
``(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; and
``(iv) the type of services provided to
each youth assisted pursuant to this section;
and
``(v) such other information as the
Secretary considers necessary or appropriate to
carry out the purposes of this section.
``(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).
``(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.
``(g) Definitions.--For purposes of this section, the following
definitions shall apply:
``(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 (22 U.S.C. 7102).
``(2) Sex trafficking.--The term `sex trafficking' has the
meaning given the term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(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--
``(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; and
``(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.
``(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.
``(i) Regulations.--The Secretary shall issue any regulations
necessary or appropriate to carry out this section.''.
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).
(b) Report.--
(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.
(2) Contents.--The report under this subsection shall
include the following information:
(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.
(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.
(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.
(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.
(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.
(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 (42 U.S.C. 1437c-1) and
under comprehensive housing affordability strategies
submitted pursuant to section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12705).
(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
(42 U.S.C. 1437f(o)).
(H) Identification of the activities relating to
youth of the Department of Housing and Urban
Development.
(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:
(1) The Secretary of Housing and Urban Development.
(2) The Secretary of Health and Human Services.
(3) Low-income, very low-income, and extremely low-income
youth.
(4) Representatives of State and local housing assistance,
child welfare, and juvenile justice agencies.
(5) Representatives of nonprofit low-income housing
providers and homeless service providers, including homeless
youth service providers.
(6) National advocacy organizations concerned with youth,
homelessness, and low-income housing.
TITLE VII--YOUNG FAMILY CONCERNS
SEC. 701. TANF STATE PLAN AMENDMENT.
Section 402(a)(1)(A) of the Social Security Act (42 U.S.C.
602(a)(1)(A)) is amended by adding at the end the following:
``(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.''.
SEC. 702. ADULT-SUPERVISED LIVING ARRANGEMENTS.
Section 408(a)(5)(B) of the Social Security Act (42 U.S.C.
608(a)(5)(B)) is amended--
(1) by striking clause (i) and inserting the following:
``(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).'';
(2) in clause (ii)--
(A) by redesignating subclauses (III) and (IV) as
subclauses (V) and (VI), respectively; and
(B) by inserting after subclause (II) the
following:
``(III) the individual is a
homeless youth;
``(IV) the individual is a street
youth;'';
(3) by redesignating clause (iii) as clause (vi) and
inserting after clause (ii) the following:
``(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.
``(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.
``(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.''; and
(4) by adding at the end the following:
``(vi) Definitions.--In this subparagraph:
``(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.
``(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.
``(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.''.
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 (42 U.S.C.
608(a)(7)(B)) is amended--
(1) in the subparagraph heading, by striking ``Minor child
exception'' and inserting ``Age exceptions''; and
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) a minor child, and not the head of a
household or married to the head of a
household; or
``(ii) was pregnant or a parent, and--
``(I) had not attained 20 years of
age, and was meeting all program
requirements relating to education,
training and living arrangements; or
``(II) had attained 20 but not 21
years of age, and was scheduled to
complete all program requirements
relating to education or training.''.
SEC. 704. TRANSITIONAL COMPLIANCE.
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended--
(1) in paragraph (4), by striking ``if'' and all that
follows and inserting ``if--
``(A) the individual does not participate in--
``(i) educational activities directed
toward the attainment of a high school diploma
or its equivalent; or
``(ii) an alternative educational or
training program that has been approved by the
State; and
``(B) 91 days have elapsed since the State has
notified the individual that the individual is in
violation of this paragraph.''; and
(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.
SEC. 705. SANCTION PROTECTIONS FOR MINOR PARENTS.
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended by adding at the end the following:
``(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.''.
SEC. 706. TEEN PARENT STUDY AND REPORT.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Teen Parent Study and Report.--
``(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:
``(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.
``(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.
``(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.
``(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.
``(E) Demographic information such as--
``(i) the age of such recipients;
``(ii) the amount of time such recipients
received such assistance in a given year;
``(iii) the number of children that such
recipients have;
``(iv) school attainment by such
recipients, by age;
``(v) the employment status of such
recipients, such as whether a recipient has
ever worked or has worked while in school; and
``(vi) the child care arrangements of such
recipients.
``(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:
``(A) Whether the teen parent sought to apply for
such assistance.
``(B) Whether a teen parent who indicated to a
State a desire to apply for such assistance received an
application for such assistance.
``(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.
``(3) Report to the congress.--
``(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.
``(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).''.
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 (42 U.S.C. 9858c(2)) is amended by adding at the end the
following:
``(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--
``(i) a preference for homeless families
for child care services for which financial
assistance is provided under this subchapter;
``(ii) procedures to identify homeless
families eligible for child care services for
which financial assistance is provided under
this subchapter;
``(iii) prompt access of such homeless
families to child care services for which
financial assistance is provided under this
subchapter;
``(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--
``(I) immunization and medical
records requirements;
``(II) residency requirements;
``(III) lack of birth certificates,
school records, or other documentation;
or
``(IV) guardianship issues; and
``(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.''.
TITLE VIII--UNACCOMPANIED IMMIGRANT YOUTH
SEC. 801. DEFINITIONS.
(a) In General.--In this title:
(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--
(A) complies with the duties set forth in this
title;
(B)(i) is properly qualified to handle matters
involving unaccompanied alien children; or
(ii) is working under the auspices of a qualified
nonprofit organization that is experienced in handling
such matters; and
(C) if an attorney--
(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; and
(ii) is not under any order of any court
suspending, enjoining, restraining, disbarring,
or otherwise restricting the attorney in the
practice of law.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Director.--The term ``Director'' means the Director of
the Office.
(4) Office.--The term ``Office'' means the Office of
Refugee Resettlement established by section 411 of the
Immigration and Nationality Act (8 U.S.C. 1521).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(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 (6 U.S.C.
279(g)(2)).
(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.
(b) Amendments to the Immigration and Nationality Act.--Section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following:
``(51) The term `unaccompanied alien child' means a child who--
``(A) has no lawful immigration status in the United
States;
``(B) has not attained the age of 18; and
``(C) with respect to whom--
``(i) there is no parent or legal guardian in the
United States; or
``(ii) no parent or legal guardian in the United
States is available to provide care and physical
custody.
``(52) The term `unaccompanied refugee children' means persons
described in paragraph (42) who--
``(A) have not attained the age of 18; and
``(B) with respect to whom there are no parents or legal
guardians available to provide care and physical custody.''.
(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 (6 U.S.C. 279) or this title.
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.--
(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 (8
U.S.C. 1101 et seq.), the officer shall--
(A) permit such child to withdraw the child's
application for admission pursuant to section 235(a)(4)
of the Immigration and Nationality Act (8 U.S.C.
1225(a)(4)); and
(B) return such child to the child's country of
nationality or country of last habitual residence.
(2) Special rule for contiguous countries.--
(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--
(i) such child is a national or habitual
resident of a country described in this
subparagraph;
(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;
(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; and
(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.
(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--
(i) to consult with a consular officer from
the child's country of nationality or country
of last habitual residence prior to
repatriation; and
(ii) to consult, telephonically, with the
Office.
(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).
(b) Care and Custody of Unaccompanied Alien Children Found in the
Interior of the United States.--
(1) Establishment of jurisdiction.--
(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.
(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--
(i) has been charged with any felony,
excluding offenses proscribed by the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.), while such charges are pending; or
(ii) has been convicted of any such felony.
(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.
(D) Trafficking victims.--For purposes of section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279)
and this title, an unaccompanied alien child who is
eligible for services authorized under the Victims of
Trafficking and Violence Protection Act of 2000 (Public
Law 106-386), shall be considered to be in the custody
of the Office.
(2) Notification.--
(A) In general.--The Secretary shall promptly
notify the Office upon--
(i) the apprehension of an unaccompanied
alien child;
(ii) the discovery that an alien in the
custody of the Department is an unaccompanied
alien child;
(iii) any claim by an alien in the custody
of the Department that such alien is under the
age of 18; or
(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.
(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 (6 U.S.C. 279) or this
title.
(3) Transfer of unaccompanied alien children.--
(A) Transfer to the office.--The care and custody
of an unaccompanied alien child shall be transferred to
the Office--
(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;
(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; or
(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.
(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.
(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.
(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 (6 U.S.C. 279) or this title,
a determination of whether or not such alien meets such age
requirements shall be made in accordance with section 815, unless
otherwise specified in subsection (b)(2)(B).
(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).
SEC. 812. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH
RELATIVES IN THE UNITED STATES.
(a) Placement Authority.--
(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 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of the
Office shall be promptly placed with 1 of the following
individuals or entities in the following order of preference:
(A) A parent who seeks to establish custody, as
described in paragraph (3)(A).
(B) A legal guardian who seeks to establish
custody, as described in paragraph (3)(A).
(C) An adult relative.
(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.
(E) A State-licensed juvenile shelter, group home,
or foster care program willing to accept custody of the
child.
(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.
(2) Suitability assessment.--
(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--
(i) with respect to an individual
custodian--
(I) verification of such
individual's identity and employment;
(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);
(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;
(IV) verification that such
individual has a plan for the provision
of care for the child; and
(V) verification of familial
relationship of such individual, if any
relationship is claimed; and
(ii) verification of nature and extent of
previous relationship;
(iii) with respect to a custodial entity,
verification of such entity's appropriate
licensure by the State, county, or other
applicable unit of government; and
(iv) such other information as the Director
determines appropriate.
(B) Home study.--
(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.
(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 (42 U.S.C. 12102(2)),
a home study shall be conducted to determine if
the child's needs can be properly met by the
custodian.
(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--
(i) an agency of the State of the child's
proposed residence;
(ii) an agency authorized by such State to
conduct such activities; or
(iii) an appropriate voluntary or nonprofit
agency.
(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.
(3) Right of parent or legal guardian to custody of
unaccompanied alien child.--
(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--
(i) assess the suitability of placing the
child with the parent or legal guardian; and
(ii) make a written determination on the
child's placement within 30 days.
(B) Rule of construction.--Nothing in this title
shall be construed to--
(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; or
(ii) limit any right or remedy under such
international agreement.
(4) Protection from smugglers and traffickers.--
(A) Policies and programs.--
(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.
(ii) Witness protection programs
included.--Programs established pursuant to
clause (i) may include witness protection
programs.
(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.
(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.
(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 U.S.C. 279).
(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 (6 U.S.C. 279).
(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).
(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--
(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 (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity; or
(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).
(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.
SEC. 813. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN
CHILDREN.
(a) Standards for Placement.--
(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.
(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.
(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.
(4) Conditions of detention.--
(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--
(i) educational services appropriate to the
child;
(ii) medical care;
(iii) mental health care, including
treatment of trauma, physical and sexual
violence, or abuse;
(iv) access to telephones;
(v) access to legal services;
(vi) access to interpreters;
(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;
(viii) recreational programs and
activities;
(ix) spiritual and religious needs; and
(x) dietary needs.
(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.
(b) Prohibition of Certain Practices.--
(1) In general.--The Director and the Secretary shall
develop procedures for treatment of unaccompanied alien
children prohibiting the unreasonable use of--
(A) shackling, handcuffing, or other restraints on
children;
(B) solitary confinement;
(C) contact with adult detainees; or
(D) pat or strip searches.
(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.
(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.
SEC. 814. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.
(a) Country Conditions.--
(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.
(2) Assessment of conditions.--
(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.
(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.
(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.
(b) Report on Repatriation of Unaccompanied Alien Children.--
(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.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the number of unaccompanied alien children
ordered removed and the number of such children
actually removed from the United States;
(B) a description of the type of immigration relief
sought and denied to such children;
(C) a statement of the nationalities, ages, and
gender of such children;
(D) a description of the procedures used to effect
the removal of such children from the United States;
(E) a description of steps taken to ensure that
such children were safely and humanely repatriated to
their country of origin;
(F) any information gathered in assessments of
country and local conditions pursuant to subsection
(a)(2);
(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; and
(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 (8 U.S.C. 1101(a)(15)(T)).
SEC. 815. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.
(a) Procedures.--
(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--
(A) by the Department, with respect to aliens in
the custody of the Department; and
(B) by the Office, with respect to aliens in the
custody of the Office.
(2) Evidence.--The procedures developed under paragraph (1)
shall--
(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;
and
(B) allow the appeal of a determination to an
immigration judge.
(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 (6 U.S.C. 279).
(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.
SEC. 816. EFFECTIVE DATE.
This subtitle shall take effect on the date which is 90 days after
the date of enactment of this Act.
Subtitle B--Access by Unaccompanied Alien Children to Child Advocates
and Counsel
SEC. 821. CHILD ADVOCATES.
(a) Establishment of Child Advocate Program.--
(1) Appointment.--
(A) Authorization for appointment.--The Director
may appoint a child advocate, who meets the
qualifications described in paragraph (2), for an
unaccompanied alien child.
(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.
(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.
(2) Qualifications of child advocate.--
(A) In general.--No person shall serve as a child
advocate unless such person--
(i) is a child welfare professional or
other individual who has received training in
child welfare matters; and
(ii) possesses special training on the
nature of problems encountered by unaccompanied
alien children.
(B) Prohibition.--A child advocate shall not be an
employee of the Department, the Office, or the
Executive Office for Immigration Review.
(3) Duties.--The child advocate shall--
(A) conduct interviews with the child in a manner
that is appropriate, taking into account the child's
age;
(B) investigate the facts and circumstances
relevant to the child's presence in the United States,
including facts and circumstances--
(i) arising in the country of the child's
nationality or last habitual residence; and
(ii) arising subsequent to the child's
departure from such country;
(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);
(D) develop recommendations on issues relative to
the child's custody, detention, release, and
repatriation;
(E) take reasonable steps to ensure that--
(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 (8 U.S.C. 1101
et seq.);
(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; and
(F) report factual findings relating to--
(i) information collected under
subparagraph (B);
(ii) the care and placement of the child
during the pendency of the proceedings or
matters; and
(iii) any other information collected under
subparagraph (D).
(4) Termination of appointment.--The child advocate shall
carry out the duties described in paragraph (3) until the
earliest of the date on which--
(A) those duties are completed;
(B) the child departs the United States;
(C) the child is granted permanent resident status
in the United States;
(D) the child attains the age of 18; or
(E) the child is placed in the custody of a parent
or legal guardian.
(5) Powers.--The child advocate--
(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;
(B) shall be permitted to review all records and
information relating to such proceedings that are not
deemed privileged or classified;
(C) may seek independent evaluations of the child;
(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 (8 U.S.C. 1101 et
seq.), and shall be given a reasonable opportunity to
be present at such hearings or interviews;
(E) shall be permitted to consult with the child
during any hearing or interview involving such child;
and
(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.
(b) Training.--
(1) In general.--The Director shall provide professional
training for all persons serving as guardians ad litem under
this section.
(2) Training topics.--The training provided under paragraph
(1) shall include training in--
(A) the circumstances and conditions that
unaccompanied alien children face; and
(B) various immigration benefits for which such
alien child might be eligible.
(c) Pilot Program.--
(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).
(2) Purpose.--The purpose of the pilot program established
under paragraph (1) is to--
(A) study and assess the benefits of providing
guardians ad litem to assist unaccompanied alien
children involved in immigration proceedings or
matters;
(B) assess the most efficient and cost-effective
means of implementing the child advocate provisions in
this section; and
(C) assess the feasibility of implementing such
provisions on a nationwide basis for all unaccompanied
alien children in the care of the Office.
(3) Scope of program.--
(A) Selection of site.--The Director shall select 3
sites in which to operate the pilot program established
under paragraph (1).
(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.
(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.
SEC. 822. COUNSEL.
(a) Access to Counsel.--
(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.
(2) Pro bono representation.--To the maximum extent
practicable, the Director should--
(A) make every effort to utilize the services of
competent pro bono counsel who agree to provide
representation to such children without charge; and
(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.
(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.
(4) Contracting and grant making authority.--
(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.
(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.
(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.
(5) Model guidelines on legal representation of children.--
(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.
(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.
(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.
(b) Duties.--Counsel under this section shall--
(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;
(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Department; and
(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due an adult client.
(c) Access to Child.--
(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.
(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.
(d) Notice to Counsel During Immigration Proceedings.--
(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.
(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.
(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.
(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.
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.
(b) Definition.--In subsection (a), the term ``interfere with''
shall include--
(1) restricting access to a victim or witness;
(2) encouraging noncooperation with Federal investigators
or prosecutors; and
(3) being present during interviews of the child by Federal
investigators or prosecutors without the permission of the
investigators or prosecutors.
SEC. 824. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This subtitle shall take effect 180 days after
the date of enactment of this Act.
(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.
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 (8 U.S.C. 1101(a)(27)(J)) is amended to read as
follows:
``(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--
``(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;
``(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; and
``(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,
``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;''.
(b) Adjustment of Status.--Section 245(h)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as
follows:
``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B),
and 9(C)(i)(I) of section 212(a) shall not apply;
and''.
(c) Eligibility for Assistance.--A child who has been granted
relief under section 811(a)(27)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)), may be eligible for funds made available
under section 412(d) of that Act (8 U.S.C. 1522(d)) until such time as
the child attains the age designated in section 412(d)(2)(B) of that
Act (8 U.S.C. 1522(d)(2)(B)), or until the child is placed in a
permanent adoptive home, whichever occurs first.
(d) Transition Rule.--Notwithstanding any other provision of law,
any child described in section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) who filed an application for
special immigrant juvenile classification before the date of enactment
of this Act and who was 19, 20, or 21 years of age on the date such
application was filed shall not be denied such classification after the
date of enactment of this Act because of such alien's age.
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.--
(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.
(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.
(3) Video conferencing.--If direct training is requested
under this subsection, such training may be conducted through
video conferencing.
(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).
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--
(1) data related to the implementation of section 462 of
the Homeland Security Act (6 U.S.C. 279);
(2) data regarding the care and placement of children in
accordance with this title;
(3) data regarding the provision of child advocate and
counsel services under this title; and
(4) any other information that the Director or the
Secretary of Health and Human Services determines to be
appropriate.
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.
Subtitle D--Children Refugee and Asylum Seekers
SEC. 841. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.
(a) Sense of Congress.--Congress--
(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;
(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; and
(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.
(b) Training.--
(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.
(2) Immigration judges.--The Executive Office for
Immigration Review shall--
(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; and
(B) redistribute to all Immigration Courts the
``Guidelines for Children's Asylum Claims'' as part of
its training of immigration judges.
(3) Use of voluntary agencies.--Voluntary agencies shall be
allowed to assist in the training described in this subsection.
SEC. 842. UNACCOMPANIED REFUGEE CHILDREN.
(a) Identifying Unaccompanied Refugee Children.--Section 207(e) of
the Immigration and Nationality Act (8 U.S.C. 1157(e)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) An analysis of the worldwide situation faced by
unaccompanied refugee children, by region, which shall include
an assessment of--
``(A) the number of unaccompanied refugee children,
by region;
``(B) the capacity of the Department of State to
identify such refugees;
``(C) the capacity of the international community
to care for and protect such refugees;
``(D) the capacity of the voluntary agency
community to resettle such refugees in the United
States;
``(E) the degree to which the United States plans
to resettle such refugees in the United States in the
coming fiscal year; and
``(F) the fate that will befall such unaccompanied
refugee children for whom resettlement in the United
States is not possible.''.
(b) Training on the Needs of Unaccompanied Refugee Children.--
Section 207(f)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(f)(2)) is amended by--
(1) striking ``and'' after ``countries,''; and
(2) inserting before the period at the end the following:
``, and instruction on the needs of unaccompanied refugee
children''.
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 (8 U.S.C. 1229a).
(b) Exception From Time Limit for Filing Asylum Application.--
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended by adding at the end the following:
``(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child as
defined in section 101(a)(51).''.
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--
(1) the provisions of section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279); and
(2) the provisions of this title.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
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 (6 U.S.C. 279(b)(1)) is amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(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''; and
(3) by adding at the end the following:
``(M) ensuring minimum standards of care for all
unaccompanied alien children--
``(i) for whom detention is necessary; and
``(ii) who reside in settings that are
alternative to detention.''.
(b) Additional Powers of the Director.--Section 462(b) of the
Homeland Security Act of 2002 (6 U.S.C. 279(b)) is amended by adding at
the end the following:
``(4) Authority.--In carrying out the duties under
paragraph (3), the Director is authorized to--
``(A) contract with service providers to perform
the services described in sections 813, 811, and 812 of
the A Place to Call Home Act; and
``(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--
``(i) declare providers to be in breach and
seek damages for noncompliance;
``(ii) terminate the contracts of providers
that are not in compliance with such
conditions; and
``(iii) reassign any unaccompanied alien
child to a similar facility that is in
compliance with such section.''.
SEC. 862. TECHNICAL CORRECTIONS.
Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)), as amended by section 861, is amended--
(1) in paragraph (3), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)''; and
(2) by adding at the end the following:
``(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.''.
SEC. 863. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect as if
included in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
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 (42 U.S.C. 5633(a)(11)) is amended by striking
``excluding--'' through ``State;'' and inserting ``excluding juveniles
who are charged with or who have committed a violation of section
922(x)(2) of title 18, United States Code, or of a similar State
law;''.
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