Runaway and Homeless Youth and Trafficking Prevention Act of 2018
This bill reauthorizes through FY2023 and revises the Runaway and Homeless Youth Act.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5339 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5339
To reauthorize the Runaway and Homeless Youth Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2018
Mr. Yarmuth (for himself, Mr. Denham, and Mr. Reichert) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To reauthorize the Runaway and Homeless Youth Act, 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 ``Runaway and Homeless Youth and
Trafficking Prevention Act of 2018''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the amendment or repeal shall be considered to be made
to a provision of the Runaway and Homeless Youth Act (34 U.S.C. 11201
et seq.).
SEC. 3. FINDINGS.
Section 302 (34 U.S.C. 11201) is amended--
(1) in paragraph (2), by inserting ``age, gender, and
culturally and'' before ``linguistically appropriate'';
(2) in paragraph (4), by striking ``outside the welfare
system and the law enforcement system'' and inserting ``, in
collaboration with public assistance systems, the law
enforcement system, and the child welfare system'';
(3) in paragraph (5)--
(A) by inserting ``a safe place to live and'' after
``youth need''; and
(B) by striking ``and'' at the end;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(7) runaway and homeless youth are at a high risk of
becoming victims of sexual exploitation and trafficking in
persons.''.
SEC. 4. BASIC CENTER GRANT PROGRAM.
(a) Grants for Centers and Services.--Section 311(a) (34 U.S.C.
11211(a)) is amended--
(1) in paragraph (1), by striking ``services'' and all that
follows through the period and inserting ``safe shelter and
services, including trauma-informed services, for runaway and
homeless youth and, if appropriate, services for the families
of such youth, including (if appropriate) individuals
identified by such youth as family.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``mental
health,'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``21 days;
and'' and inserting ``30 days;'';
(ii) in clause (ii)--
(I) by inserting ``age, gender, and
culturally and linguistically
appropriate, to the extent
practicable,'' before ``individual'';
(II) by inserting ``, as
appropriate,'' after ``group''; and
(III) by striking ``as
appropriate'' and inserting ``including
(if appropriate) counseling for
individuals identified by such youth as
family''; and
(iii) by adding at the end the following:
``(iii) suicide prevention services; and'';
and
(C) in subparagraph (C)--
(i) in clause (ii), by inserting ``age,
gender, and culturally and linguistically
appropriate, to the extent practicable,''
before ``home-based services'';
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv), by striking
``diseases.'' and inserting ``infections;'';
and
(iv) by adding at the end the following:
``(v) trauma-informed and gender-responsive
services for runaway or homeless youth,
including such youth who are victims of
trafficking in persons or sexual exploitation;
and
``(vi) an assessment of family engagement
in support and reunification (if reunification
is appropriate), interventions, and services
for parents or legal guardians of such youth,
or (if appropriate) individuals identified by
such youth as family.''.
(b) Eligibility; Plan Requirements.--Section 312 (34 U.S.C. 11212)
is amended--
(1) in subsection (b)--
(A) in paragraph (5), by inserting ``, or (if
appropriate) individuals identified by such youth as
family,'' after ``parents or legal guardians'';
(B) in paragraph (6), by striking ``cultural
minority and persons with limited ability to speak
English'' and inserting ``cultural minority, persons
with limited ability to speak English, and runaway or
homeless youth who are victims of trafficking in
persons or sexual exploitation'';
(C) by striking paragraph (7) and inserting the
following:
``(7) shall keep adequate statistical records profiling the
youth and family members of such youth whom the applicant
serves, including demographic information on and the number
of--
``(A) such youth who are not referred to out-of-
home shelter services;
``(B) such youth who are members of vulnerable or
underserved populations;
``(C) such youth who are victims of trafficking in
persons or sexual exploitation, disaggregated by--
``(i) such youth who have been coerced or
forced into a commercial sex act, as defined in
section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102);
``(ii) such youth who have been coerced or
forced into other forms of labor; and
``(iii) such youth who have engaged in a
commercial sex act, as so defined, for any
reason other than by coercion or force;
``(D) such youth who are pregnant or parenting;
``(E) such youth who have been involved in the
child welfare system; and
``(F) such youth who have been involved in the
juvenile justice system;'';
(D) by redesignating paragraphs (8) through (13) as
paragraphs (9) through (14);
(E) by inserting after paragraph (7) the following:
``(8) shall ensure that--
``(A) the records described in paragraph (7), on an
individual runaway or homeless youth, shall not be
disclosed without the consent of the individual youth
and of the parent or legal guardian of such youth or
(if appropriate) an individual identified by such youth
as family, to anyone other than another agency
compiling statistical records or a government agency
involved in the disposition of criminal charges against
an individual runaway or homeless youth; and
``(B) reports or other documents based on the
statistics described in paragraph (7) shall not
disclose the identity of any individual runaway or
homeless youth;'';
(F) in paragraph (9), as so redesignated, by
striking ``statistical summaries'' and inserting
``statistics'';
(G) in paragraph (13)(C), as so redesignated--
(i) by striking clause (i) and inserting:
``(i) the number and characteristics of
runaway and homeless youth, and youth at risk
of family separation, who participate in the
project, including such information on--
``(I) such youth (including both
types of such participating youth) who
are victims of trafficking in persons
or sexual exploitation, disaggregated
by--
``(aa) such youth who have
been coerced or forced into a
commercial sex act, as defined
in section 103 of the
Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102);
``(bb) such youth who have
been coerced or forced into
other forms of labor; and
``(cc) such youth who have
engaged in a commercial sex
act, as so defined, for any
reason other than by coercion
or force;
``(II) such youth who are pregnant
or parenting;
``(III) such youth who have been
involved in the child welfare system;
and
``(IV) such youth who have been
involved in the juvenile justice
system; and''; and
(ii) in clause (ii), by striking ``and'' at
the end;
(H) in paragraph (14), as so redesignated, by
striking the period and inserting ``for natural
disasters, inclement weather, and mental health
emergencies;''; and
(I) by adding at the end the following:
``(15) shall provide age, gender, and culturally and
linguistically appropriate, to the extent practicable, services
to runaway and homeless youth; and
``(16) shall assist youth in completing the Free
Application for Federal Student Aid described in section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090).''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``age, gender, and
culturally and linguistically appropriate, to
the extent practicable,'' after ``provide'';
(ii) by striking ``families (including
unrelated individuals in the family households)
of such youth'' and inserting ``families of
such youth (including unrelated individuals in
the family households of such youth and, if
appropriate, individuals identified by such
youth as family)''; and
(iii) by inserting ``suicide prevention,''
after ``physical health care,''; and
(B) in paragraph (4), by inserting ``, including
training on trauma-informed and youth-centered care''
after ``home-based services''.
(c) Approval of Applications.--Section 313(b) (34 U.S.C. 11213(b))
is amended--
(1) by striking ``priority to'' and all that follows
through ``who'' and inserting ``priority to eligible applicants
who'';
(2) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (2).
SEC. 5. TRANSITIONAL LIVING GRANT PROGRAM.
Section 322(a) (34 U.S.C. 11222(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``age, gender, and culturally and
linguistically appropriate, to the extent
practicable,'' before ``information and counseling
services''; and
(B) by striking ``job attainment skills, and mental
and physical health care'' and inserting ``job
attainment skills, mental and physical health care, and
suicide prevention services'';
(2) by redesignating paragraphs (3) through (8) and (9)
through (16) as paragraphs (5) through (10) and (12) through
(19), respectively;
(3) by inserting after paragraph (2) the following:
``(3) to provide counseling to homeless youth and to
encourage, if appropriate, the involvement in such counseling
of their parents or legal guardians, or (if appropriate)
individuals identified by such youth as family;
``(4) to provide aftercare services, if possible, to
homeless youth who have received shelter and services from a
transitional living youth project, including (to the extent
practicable) such youth who, after receiving such shelter and
services, relocate to a State other than the State in which
such project is located;'';
(4) in paragraph (9), as so redesignated--
(A) by inserting ``age, gender, and culturally and
linguistically appropriate, to the extent
practicable,'' after ``referral of homeless youth to'';
(B) by striking ``and health care programs'' and
inserting ``mental health service and health care
programs, including programs providing wrap-around
services to victims of trafficking in persons or sexual
exploitation,''; and
(C) by striking ``such services for youths;'' and
inserting ``such programs described in this
paragraph;'';
(5) by inserting after paragraph (10), as so redesignated,
the following:
``(11) to develop a plan to provide age, gender, and
culturally and linguistically appropriate services to the
extent practicable that address the needs of homeless and
street youth;'';
(6) in paragraph (12), as so redesignated, by striking
``the applicant and statistical'' and all that follows through
``who participate in such project,'' and inserting ``the
applicant, statistical summaries describing the number, the
characteristics, and the demographic information of the
homeless youth who participate in such project, including the
prevalence of trafficking in persons and sexual exploitation of
such youth,''; and
(7) in paragraph (19), as so redesignated, by inserting
``regarding responses to natural disasters, inclement weather,
and mental health emergencies'' after ``management plan''.
SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.
(a) Coordination.--Section 341 (34 U.S.C. 11241) is amended--
(1) in the matter preceding paragraph (1), by inserting
``safety, well-being,'' after ``health,''; and
(2) in paragraph (2), by striking ``other Federal
entities'' and inserting ``the Department of Housing and Urban
Development, the Department of Education, the Department of
Labor, and the Department of Justice''.
(b) Grants for Technical Assistance and Training.--Section 342 (34
U.S.C. 11242) is amended by inserting ``, including onsite and web-
based techniques, such as on-demand and online learning,'' before ``to
public and private entities''.
(c) Grants for Research, Evaluation, Demonstration, and Service
Projects.--Section 343 (34 U.S.C. 11243) is amended--
(1) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by inserting
``violence, trauma, and'' before ``sexual abuse
and assault'';
(ii) in subparagraph (B), by striking
``sexual abuse and assault; and'' and inserting
``sexual abuse or assault, trafficking in
persons, or sexual exploitation; or'';
(iii) in subparagraph (C)--
(I) by striking ``who have been
sexually victimized, including such
youth who are victims of'' and
inserting ``who are victims of sexual
abuse or assault,''; and
(II) by inserting ``, or sexual
exploitation'' before the semicolon;
and
(iv) by adding at the end the following:
``(D) best practices for identifying and providing
age, gender, and culturally and linguistically
appropriate services to the extent practicable to--
``(i) vulnerable and underserved youth
populations; and
``(ii) youth who are victims of trafficking
in persons or sexual exploitation; and
``(E) verifying youth as runaway or homeless to
complete the Free Application for Federal Student Aid
described in section 483 of the Higher Education Act of
1965 (20 U.S.C. 1090);'';
(B) in paragraph (9), by striking ``and'' at the
end;
(C) in paragraph (10), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(11) examining the intersection between the runaway and
homeless youth populations and trafficking in persons,
including noting whether such youth who are victims of
trafficking in persons were previously involved in the child
welfare or juvenile justice systems.''; and
(2) in subsection (c)(2)(B), by inserting ``, including
such youth who are victims of trafficking in persons or sexual
exploitation'' after ``runaway or homeless youth''.
(d) Periodic Estimate of Incidence and Prevalence of Youth
Homelessness.--Section 345 (34 U.S.C. 11245) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``13'' and inserting
``12''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) that includes demographic information about and
characteristics of runaway or homeless youth, including such
youth who are victims of trafficking in persons or sexual
exploitation; and
``(4) that does not disclose the identity of any runaway or
homeless youth.''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``13'' and inserting ``12'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) by redesignating subparagraph (B) as
subparagraph (C);
(D) by inserting after subparagraph (A) the
following:
``(B) incidences, if any, of--
``(i) such individuals who are victims of
trafficking in persons; or
``(ii) such individuals who are victims of
sexual exploitation; and''; and
(E) in subparagraph (C), as so redesignated--
(i) in clause (ii), by striking ``; and''
and inserting ``, including mental health
services;''; and
(ii) by adding at the end the following:
``(iv) access to education and job
training; and''.
SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351 (34 U.S.C. 11261) is amended--
(1) in subsection (a)--
(A) by inserting ``public and'' before
``nonprofit''; and
(B) by striking ``prostitution,'' and inserting
``violence,''; and
(2) by adding at the end the following:
``(c) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), an applicant shall certify to the Secretary that
such applicant has systems in place to ensure that such applicant can
provide age, gender, and culturally and linguistically appropriate, to
the extent practicable, services to all youth described in subsection
(a).''.
SEC. 8. GENERAL PROVISIONS.
(a) Reports.--Section 382(a) (34 U.S.C. 11273(a)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) collecting data on trafficking in persons and
sexual exploitation of runaway and homeless youth;'';
and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) the number and characteristics of homeless
youth served by such projects, including--
``(i) such youth who are victims of
trafficking in persons or sexual exploitation;
``(ii) such youth who are pregnant or
parenting;
``(iii) such youth who have been involved
in the child welfare system; and
``(iv) such youth who have been involved in
the juvenile justice system;''; and
(B) in subparagraph (F), by striking ``intrafamily
problems'' and inserting ``problems within the family,
including (if appropriate) individuals identified by
such youth as family,''.
(b) Nondiscrimination.--Part F is amended by inserting after
section 386A (34 U.S.C. 11278) the following:
``SEC. 386B. NONDISCRIMINATION.
``(a) In General.--No person in the United States shall, on the
basis of actual or perceived race, color, religion, national origin,
sex, gender identity (as defined in section 249(c)(4) of title 18,
United States Code), sexual orientation, or disability, be excluded
from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal
financial assistance under title III of the Juvenile Justice and
Delinquency Prevention Act of 1974.
``(b) Exception.--
``(1) Essential sex-segregated or sex-specific
programming.--If programming that is segregated by or specific
to sex is necessary to the essential operation of a program,
nothing in this section shall be construed to prevent the
entity carrying out any such program or activity from
consideration of an individual's sex.
``(2) Exceptions.--In such a circumstance, the entity may
meet the requirements of this section--
``(A) by providing comparable services to
individuals who cannot be provided with the sex-
segregated or sex-specific programming; or
``(B) by providing sex-specific programming in
accordance with an approved application describing such
programming, for the grant, contract, or other
agreement involved.
``(c) Disqualification.--The authority provided for the Secretary
to enforce this section shall be the same as the authority provided for
the Secretary to enforce subsection (a) or (b) of section 654 of the
Head Start Act (42 U.S.C. 9849). The procedures provided for review of
an action to enforce this section shall be the same as the procedures
provided for review of an action to enforce subsection (b) of that
section.
``(d) Construction.--Nothing in this section shall be construed,
interpreted, or applied to supplant, displace, preempt, or otherwise
limit the responsibilities and liabilities under other Federal or State
laws with respect to discrimination on a basis described in subsection
(a).''.
(c) Definitions.--Section 387 (34 U.S.C. 11279) is amended--
(1) by redesignating paragraphs (1) through (6), and
paragraphs (7) and (8), as paragraphs (2) through (7), and
paragraphs (9) and (10), respectively;
(2) by inserting before paragraph (2), the following:
``(1) Culturally and linguistically appropriate.--The term
`culturally and linguistically appropriate', with respect to
services, has the meaning given the term `culturally and
linguistically appropriate services' in the `National Standards
for Culturally and Linguistically Appropriate Services in
Health and Health Care', issued in April 2013, by the Office of
Minority Health of the Department of Health and Human
Services.'';
(3) in paragraph (4)(A)(ii) (as so redesignated), by
striking ``and either'' and all that follows and inserting
``but less than 25 years of age;'';
(4) in paragraph (6)(B)(v) (as so redesignated)--
(A) by redesignating subclauses (II) through (IV)
as subclauses (III) through (V), respectively;
(B) by inserting after subclause (I), the
following:
``(II) trafficking in persons;'';
(C) in subclause (IV) (as so redesignated)--
(i) by striking ``diseases'' and inserting
``infections''; and
(ii) by striking ``and'' at the end;
(D) in subclause (V) (as so redesignated), by
striking the period and inserting ``; and''; and
(E) by adding at the end the following:
``(VI) suicide.'';
(5) in paragraph (7)(B) (as so redesignated), by striking
``prostitution,'' and inserting ``trafficking in persons,'';
(6) by inserting after paragraph (7) (as so redesignated),
the following:
``(8) Trafficking in persons.--The term `trafficking in
persons' has the meaning given the term `severe forms of
trafficking in persons' in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).'';
(7) in paragraph (9) (as so redesignated)--
(A) by inserting ``to homeless youth'' after
``provides''; and
(B) by inserting ``, to establish a stable family
or community supports,'' after ``self-sufficient
living''; and
(8) in paragraph (10)(B) (as so redesignated)--
(A) in clause (ii)--
(i) by inserting ``or able'' after
``willing''; and
(ii) by striking ``or'' at the end;
(B) in clause (iii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iv) who is involved in the child welfare
or juvenile justice system, but who is not
receiving government-funded housing.''.
(d) Authorization of Appropriations.--Section 388(a) (34 U.S.C.
11280(a)) is amended--
(1) in paragraph (1), by striking ``for fiscal year 2009,''
and all that follows through the period and inserting ``for
each of fiscal years 2019 through 2023.'';
(2) in paragraph (3)(B), by striking ``such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.''
and inserting ``$2,000,000 for each of fiscal years 2019
through 2023.''; and
(3) in paragraph (4), by striking ``for fiscal year 2009''
and all that follows through the period and inserting ``for
each of fiscal years 2019 through 2023.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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