IB 

Union Calendar No. 858 

115TH CONGRESS 

2D SESSION H. R. 1511 

[Report No. 115–1026, Part I] 

To amend the McKinney-Vento Homeless Assistance Act to meet the needs 

of homeless children, youth, and families, and honor the assessments 

and priorities of local communities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2017 

Mr. STIVERS (for himself and Mr. LOEBSACK) introduced the following bill; 

which was referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, 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 

NOVEMBER 14, 2018 

Reported from the Committee on Financial Services with amendments 

[Omit the part struck through and insert the part printed in italic] 

NOVEMBER 14, 2018 

Referral to the Committee on Education and the Workforce extended for a 

period ending not later than December 28, 2018 

DECEMBER 28, 2018 

Additional sponsors: Mrs. BEATTY, Mr. WALZ, Mr. DEFAZIO, Ms. JAYAPAL, 

Mr. LIPINSKI, Mrs. MCMORRIS RODGERS, Mr. POCAN, Ms. MOORE, Ms. 

BONAMICI, Mr. FITZPATRICK, Mr. YOUNG of Iowa, Ms. HANABUSA, Mr. 

CARBAJAL, Mr. BACON, Mr. POSEY, Ms. SINEMA, Mr. DANNY K. DAVIS

of Illinois, Mr. CLAY, Mr. HILL, and Mr. BERA

DECEMBER 28, 2018 

Committee on Education and the Workforce discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


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A BILL 

To amend the McKinney-Vento Homeless Assistance Act to 

meet the needs of homeless children, youth, and families, 

and honor the assessments and priorities of local communities. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeless Children and 

5 Youth Act of 2017’’. 

6 SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO HOME7 LESS ASSISTANCE ACT. 

8 (a) IN GENERAL.—The McKinney-Vento Homeless 

9 Assistance Act is amended— 

10 (1) in section 103 (42 U.S.C. 11302)— 

11 (A) in subsection (a)— 

12 (i) in paragraph (5)(A)— 

13 (I) by striking ‘‘are sharing’’ and 

14 all that follows through ‘‘charitable 

15 organizations,’’; 

16 (II) by striking ‘‘14 days’’ each 

17 place that term appears and inserting 

18 ‘‘30 days’’; 

19 (III) in clause (i), by inserting 

20 ‘‘or’’ after the semicolon; 

21 (IV) by striking clause (ii); and 

22 (V) by redesignating clause (iii) 

23 as clause (ii); and 

24 (ii) by amending paragraph (6) to 

25 read as follows: 


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1 ‘‘(6) a child or youth defined as homeless under 

2 another Federal program who, without further ac3 tion by the Department of Housing and Urban De4 velopment, has been verified as homeless under an5 other Federal program by the director, designee of 

6 the director, or other person responsible for the im7 plementation of a program established under this 

8 Act or any other Federal statute.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(f) OTHER DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘child or youth defined as home12 less under another Federal program’ has the mean13 ing given the term in section 401; and 

14 ‘‘(2) the term ‘other Federal statute’ has the 

15 meaning given the term in section 401. 

16 ‘‘(g) PROHIBITION.—The Secretary of Housing and 

17 Urban Development may not— 

18 ‘‘(1) promulgate any rule with respect to the 

19 definition of the terms ‘homeless’, ‘homeless indi20 vidual’, and ‘homeless person’ in subsection (a); or 

21 ‘‘(2) issue non-regulatory guidance or set forth 

22 in an application, a notice of funding availability, or 

23 other publication or advisory any statement or provi24 sion that— 


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1 ‘‘(A) has the effect of restricting eligibility 

2 for assistance for any individual defined as 

3 ‘homeless’ under subsection (a) for any pro4 gram or program component under this Act; or 

5 ‘‘(B) purports to be legally binding.’’; 

6 (2) in section 401 (42 U.S.C. 11360)— 

7 (A) in paragraph (1)(C)— 

8 (i) by striking clauses (ii) and (iv); 

9 (ii) by redesignating clauses (iii), (v), 

10 (vi), and (vii) as clauses (ii), (iii), (iv), and 

11 (v), respectively; and 

12 (iii) by striking the flush text fol13 lowing clause (v), as so redesignated; 

14 (B) by striking paragraph (7); 

15 (C) by redesignating paragraphs (2) 

16 through (6) as paragraphs (3) through (7), re17 spectively; 

18 (D) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) CHILD OR YOUTH DEFINED AS HOMELESS

21 UNDER ANOTHER FEDERAL PROGRAM.—The term 

22 ‘child or youth defined as homeless under another 

23 Federal program’ means— 


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1 ‘‘(A) a homeless child or youth, as defined 

2 in section 725, including any parent or guard3 ian with whom the child or youth is living; and 

4 ‘‘(B) a youth who— 

5 ‘‘(i) is not more than 22 years of age; 

6 ‘‘(ii) cannot live safely with a parent, 

7 legal guardian, or relative; and 

8 ‘‘(iii) has no other safe alternative liv9 ing arrangement.’’; 

10 (E) in paragraph (3)(A), as so redesig11 nated— 

12 (i) in clause (i), by striking ‘‘and 

13 lives’’ and all that follows through ‘‘shel14 ter’’ and inserting ‘‘under any provision of 

15 section 103’’; and 

16 (ii) in clause (iii), by striking ‘‘(or a 

17 minor head of household if no adult is 

18 present in the household)’’ and inserting ‘‘, 

19 a minor head of household (if no adult is 

20 present in the household), or a child’’; 

21 (F) in paragraph (9)(A), by inserting ‘‘any 

22 provision of’’ before ‘‘section 103’’; 

23 (G) by redesignating paragraphs (14) 

24 through (33) as paragraphs (15) through (34), 

25 respectively; 


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1 (H) by inserting after paragraph (13) the 

2 following: 

3 ‘‘(14) OTHER FEDERAL STATUTE.—The term 

4 ‘other Federal statute’ includes— 

5 ‘‘(A) the Runaway and Homeless Youth 

6 Act (42 U.S.C. 5701 et seq.); 

7 ‘‘(B) the Head Start Act (42 U.S.C. 9831 

8 et seq.); 

9 ‘‘(C) the Child Care and Development 

10 Block Grant of 1990 (42 U.S.C. 9858 et seq.); 

11 ‘‘(D) subtitle N of the Violence Against 

12 Women Act of 1994 (42 U.S.C. 14043e et 

13 seq.); 

14 ‘‘(E) section 330(h) of the Public Health 

15 Service Act (42 U.S.C. 254b(h)); 

16 ‘‘(F) section 17 of the Child Nutrition Act 

17 of 1966 (42 U.S.C. 1786); 

18 ‘‘(G) the Higher Education Act of 1965 

19 (20 U.S.C. 1001 et seq.); and 

20 ‘‘(H) the United States Housing Act of 

21 1937 (42 U.S.C. 1437 et seq.).’’; 

22 (I) in paragraph (32), as so redesignated, 

23 by inserting ‘‘children under 5 years of age, 

24 youth and young adults between 14 and 25 

25 years of age,’’ after ‘‘status, or age),’’; 


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1 (J) in paragraph (33), as so redesignated, 

2 by inserting ‘‘trafficking,’’ after ‘‘victims of’’; 

3 and 

4 (K) in paragraph (34), as so redesig5 nated— 

6 (i) by inserting ‘‘victims of traf7 ficking,’’ after ‘‘assist’’; 

8 (ii) by striking ‘‘stalking victims’’ and 

9 inserting ‘‘stalking’’; and 

10 (iii) by inserting ‘‘trafficking,’’ after 

11 ‘‘concerning’’; 

12 (3) in section 402(f) (42 U.S.C. 11360a(f))— 

13 (A) in paragraph (1)(B), by inserting 

14 ‘‘considering the prevalence and needs of home15 less individuals, as defined under any provision 

16 of section 103’’ after ‘‘involved’’; and 

17 (B) in paragraph (3)(D)— 

18 (i) in clause (v), by striking ‘‘and’’ at 

19 the end; 

20 (ii) by redesignating clause (vi) as 

21 clause (vii); and 

22 (iii) by inserting after clause (v) the 

23 following: 


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1 ‘‘(vi) the submission of HMIS data to 

2 the Secretary on at least an annual basis; 

3 and’’; 

4 (4) by inserting after section 408 the following: 

5 ‘‘SEC. 409. AVAILABILITY OF HMIS DATA. 

6 ‘‘(a) IN GENERAL.—The community-wide homeless 

7 management information system (in this section referred 

8 to as ‘HMIS’) data provided to the Secretary under sec9 tion 402(f)(3)(D)(vi) shall be made publically available on 

10 the Internet website of the Department of Housing and 

11 Urban Development. 

12 ‘‘(b) REQUIRED DATA.—The data publically available 

13 under subsection (a) shall be updated on at least an an14 nual basis and shall include— 

15 ‘‘(1) a cumulative count of the number of home16 less individuals and families, as defined under any 

17 provision of section 103; 

18 ‘‘(2) a cumulative assessment of the patterns of 

19 assistance provided under subtitles B and C for the 

20 each geographic area involved; 

21 ‘‘(3) a count of the number of homeless individ22 uals and families, as defined under any provision of 

23 section 103, that are documented through the HMIS 

24 by each collaborative applicant; and 


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1 ‘‘(4) a count of the number of homeless women, 

2 as defined under any provision of section 103 and 

3 both unaccompanied and accompanied, including a 

4 breakout of the count by— 

5 ‘‘(A) age range; 

6 ‘‘(B) disability; and 

7 ‘‘(C) trauma experience, such as child 

8 abuse, sexual assault, or interpersonal violence 

9 experienced during the lifetime of the woman 

10 and during the preceding year, and if the 

11 woman is a veteran (as defined in section 101 

12 of title 38, United States Code), during the pe13 riod of service; and 

14 ‘‘(D) (C) length of time experiencing home15 lessness.’’; 

16 (5) in section 422 (42 U.S.C. 11382)— 

17 (A) in subsection (a)— 

18 (i) by striking ‘‘The Secretary’’ and 

19 inserting the following: 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

21 (ii) by adding at the end the fol22 lowing: 

23 ‘‘(2) RESTRICTIONS.—In awarding grants 

24 under paragraph (1), the Secretary— 


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1 ‘‘(A) may not award greater priority, 

2 points, or weight in scoring based solely on the 

3 specific homeless populations proposed to be 

4 served by the applicant, or the proposed pro5 gram component or housing or service model; 

6 and 

7 ‘‘(B) shall ensure that scoring is based pri8 marily on the extent to which the applicant 

9 demonstrates that the project and program 

10 components— 

11 ‘‘(i) would meet the priorities identi12 fied in the plan submitted under section 

13 427(b)(1)(B); and 

14 ‘‘(ii) are cost-effective in meeting the 

15 overall goals and objectives identified in 

16 that plan.’’; 

17 (B) in subsection (b)— 

18 (i) by striking ‘‘The Secretary’’ and 

19 inserting the following: 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

21 (ii) by adding at the end the fol22 lowing: 

23 ‘‘(2) RESTRICTIONS.—Each notification of 

24 funding availability described in paragraph (1) shall 


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1 comply with the restrictions described in subsection 

2 (a)(2).’’; 

3 (C) in subsection (c)(1)(B), by striking 

4 ‘‘establish’’ and inserting ‘‘demonstrate local, 

5 needs-based’’; and 

6 (D) by striking subsection (j); 

7 (6) in section 424(d) (42 U.S.C. 11384(d)), by 

8 striking paragraph (5); 

9 (7) in section 425(c) (42 U.S.C. 11385(c)), by 

10 striking ‘‘and (G) providing’’ and inserting ‘‘(G) pro11 viding transportation to employment, early care and 

12 education programs, career and technical education 

13 programs, and health and mental health care serv14 ices, and (H) providing’’; 

15 (8) in section 426(b) (42 U.S.C. 11386(b))— 

16 (A) in paragraph (4), by amending sub17 paragraph (D) to read as follows: 

18 ‘‘(D) in the case of programs providing 

19 housing or services to families or youth, they 

20 will designate a staff person to be responsible 

21 for ensuring that children and youth being 

22 served in the program are— 

23 ‘‘(i) enrolled in school and connected 

24 to appropriate services in the community, 

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1 viduals with Disabilities Act, programs au2 thorized under the Child Care and Devel3 opment Block Grant Act of 1990, career 

4 and technical education, and services pro5 vided by local educational agency liaisons 

6 designated under subtitle B of title VII of 

7 this Act; and 

8 ‘‘(ii) in the case of an unaccompanied 

9 youth, as defined in section 725, informed 

10 of their status as an independent student 

11 under section 480 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1087vv) and re13 ceive verification of such status for pur14 poses of the Free Application for Federal 

15 Student Aid described in section 483 of 

16 such Act (20 U.S.C. 1090); and’’; 

17 (B) in paragraph (6), by inserting ‘‘the ac18 tual compliance with the certifications required 

19 under paragraph (4) and’’ after ‘‘Secretary’’; 

20 and 

21 (C) in paragraph (7)— 

22 (i) by inserting ‘‘and youth’’ after 

23 ‘‘needs of children’’; 

24 (ii) by inserting ‘‘or unaccompanied 

25 youth’’ after ‘‘when families’’; 


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1 (iii) by inserting ‘‘and unaccompanied 

2 youth’’ after ‘‘with children’’; and 

3 (iv) by striking ‘‘such children’s’’ and 

4 inserting ‘‘such children and youth’s’’; 

5 (9) in section 427(b) (42 U.S.C. 11386a(b))— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A)— 

8 (I) in clause (vi), by adding 

9 ‘‘and’’ at the end; 

10 (II) in clause (vii), by striking 

11 ‘‘and’’ at the end; and 

12 (III) by striking clause (viii); 

13 (ii) in subparagraph (B)— 

14 (I) by amending clause (iii) to 

15 read as follows: 

16 ‘‘(iii) how the recipient will collaborate 

17 with local educational agencies, early care 

18 and education programs, and institutions 

19 of higher education to assist in the identi20 fication of and services to youth and fami21 lies who become or remain homeless, in22 cluding the steps the recipient will take to 

23 inform youth and families of their eligi24 bility for services under part B of subtitle 

25 VII of this Act, the Head Start Act (42 


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1 U.S.C. 9831 et seq.), the Child Care and 

2 Development Block Grant Act of 1990 (42 

3 U.S.C. 9858 et seq.), and the Higher Edu4 cation Act of 1965 (20 U.S.C. 1001 et 

5 seq.);’’; and 

6 (II) by striking clause (v) and in7 serting the following: 

8 ‘‘(v) how the recipient will ensure the 

9 full implementation of the certifications 

10 and agreements described in paragraphs 

11 (4)(D) and (7) of section 426(b);’’; 

12 (iii) in subparagraph (C)(i), by insert13 ing ‘‘and appropriate’’ after ‘‘rapid’’; 

14 (iv) by striking subparagraph (F) and 

15 inserting the following: 

16 ‘‘(F) for communities that establish and 

17 operate a centralized or coordinated assessment 

18 system, the extent to which that system— 

19 ‘‘(i) ensures that individuals who are 

20 most in need of assistance receive it in a 

21 timely manner; 

22 ‘‘(ii) in assessing need under clause 

23 (i), uses separate, specific, age-appropriate 

24 criteria for assessing the safety and needs 

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1 age children, unaccompanied youth and 

2 young adults between 14 and 25 years of 

3 age, and families that are unrelated to the 

4 criteria through which an individual quali5 fies as ‘homeless’ under section 103; 

6 ‘‘(iii) is accessible to unaccompanied 

7 youth and homeless families; 

8 ‘‘(iv) diverts individuals to safe, sta9 ble, age-appropriate accommodations; and 

10 ‘‘(v) includes affordable housing devel11 opers, youth service providers, early child12 hood programs, local educational agencies, 

13 and mental health organizations; and’’; 

14 and 

15 (v) by amending subparagraph (G) to 

16 read as follows: 

17 ‘‘(G) such other factors as the Secretary 

18 determines to be appropriate to carry out this 

19 subtitle in an effective and efficient manner, ex20 cept that such factors may not have the effect 

21 of prioritizing or weighting, unless justified by 

22 local data or information contained in a plan 

23 submitted under subparagraph (B)— 


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1 ‘‘(i) any service with respect to a spe2 cific subpopulation of homeless individuals 

3 over another; or 

4 ‘‘(ii) any program component or hous5 ing or service model over another.’’; and 

6 (B) by amending paragraph (3) to read as 

7 follows: 

8 ‘‘(3) HOMELESSNESS COUNTS.—The Secretary 

9 shall require that communities that conduct an an10 nual count of homeless people shall count homeless 

11 individuals as defined under any provision of section 

12 103.’’; 

13 (10) in section 428 (42 U.S.C. 11386b)— 

14 (A) in subsection (a)(1)— 

15 (i) by striking ‘‘disabilities and’’ and 

16 inserting ‘‘disabilities,’’; and 

17 (ii) by inserting ‘‘, and homeless fami18 lies where a child has a disability’’ before 

19 the period at the end; 

20 (B) in subsection (d)— 

21 (i) in paragraph (1), by inserting 

22 ‘‘promoting’’ before ‘‘independent’’; and 

23 (ii) by striking paragraphs (2) and (3) 

24 and inserting the following: 


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1 ‘‘(2) PROHIBITION.—The Secretary shall not 

2 provide bonuses or other incentives under paragraph 

3 (1) that have the effect of prioritizing or weighting, 

4 unless justified by local data or information con5 tained in a plan submitted under section 

6 427(b)(1)(B)— 

7 ‘‘(A) any service with respect to a specific 

8 subpopulation of homeless individuals over an9 other; or 

10 ‘‘(B) any program component or housing 

11 or service model over another. 

12 ‘‘(3) RULE OF CONSTRUCTION.—For purposes 

13 of this subsection, activities that have been proven to 

14 be effective at reducing homelessness generally or re15 ducing homelessness for a specific subpopulation in16 clude any activity determined by the Secretary, after 

17 providing notice and an opportunity for public com18 ment, to have been proven effective at— 

19 ‘‘(A) reducing homelessness generally; 

20 ‘‘(B) reducing homelessness for a specific 

21 subpopulation; 

22 ‘‘(C) reducing homelessness in a commu23 nity for populations overrepresented in any 

24 counts conducted in that community under sec25 tion 427(b)(3); or 


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1 ‘‘(D) achieving homeless prevention and 

2 promoting independent living goals as set forth 

3 in section 427(b)(1)(F). 

4 ‘‘(4) ENCOURAGING LOCAL SUCCESS AND INNO5 VATION.—In providing bonuses or incentives under 

6 paragraph (1), the Secretary shall seek to encourage 

7 the implementation of proven strategies and innova8 tion in reducing homelessness among the local pri9 ority populations identified in the plan submitted by 

10 an applicant under section 427(b)(1)(B). The Sec11 retary shall not implement bonuses or incentives 

12 that promote a national priority established by the 

13 Secretary.’’; and 

14 (C) by striking subsection (e); and 

15 (11) by amending section 434 (42 U.S.C. 

16 11388) to read as follows: 

17 ‘‘SEC. 434. REPORTS TO CONGRESS. 

18 ‘‘(a) IN GENERAL.—The Secretary shall submit to 

19 Congress an annual report, which shall— 

20 ‘‘(1) summarize the activities carried out under 

21 this subtitle and set forth the findings, conclusions, 

22 and recommendations of the Secretary as a result of 

23 the activities; and 

24 ‘‘(2) include, for the year preceding the date on 

25 which the report is submitted— 


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1 ‘‘(A) data required to be made publically 

2 available in the report under section 409; and 

3 ‘‘(B) data on programs funded under any 

4 other Federal statute. 

5 ‘‘(b) TIMING.—A report under subsection (a) shall be 

6 submitted not later than 4 months after the end of each 

7 fiscal year.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of contents in section 101(b) of the McKinney10 Vento Homeless Assistance Act (42 U.S.C. 11301 note) 

11 is amended by inserting after the item relating to section 

12 408 the following: 

‘‘Sec. 409. Availability of HMIS data.’’. 


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Union Calendar No. 858 

115TH CONGRESS 

2D SESSION H. R. 1511 

[Report No. 115–1026, Part I] 

A BILL 

To amend the McKinney-Vento Homeless Assistand priorities of local communities. youth, and families, and honor the assessments ance Act to meet the needs of homeless children, 

DECEMBER 28, 2018 

Committee on Education and the Workforce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


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