Section 1 Short title
This Act may be cited as the “Runaway and Homeless Youth and Trafficking Prevention Act of 2020”.
Runaway and Homeless Youth and Trafficking Prevention Act of 2020
A BILL
To reauthorize the Runaway and Homeless Youth Act, and for other purposes.
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—
in paragraph (1), by striking “share of, serious health, behavioral, and emotional problems” and inserting “share of, trauma, serious health, behavioral, social, and emotional problems, and substance use disorder”;
in paragraph (2), by inserting “socially, age, gender, developmentally, culturally and” before “linguistically appropriate”;
by redesignating paragraphs (3) through (6), as paragraphs (4) through (7), respectively;
by inserting after paragraph (2) the following:
“(3) research has documented that youth experience homelessness as fluid, such that many youth experience 2 to 3 different types of homelessness, including couch surfing, emergency shelters, and staying on the streets;”
in paragraph (4)(C), as redesignated by paragraph (3), by striking “social contribution” and inserting “self-advocacy”;
in paragraph (4)(E), as redesignated by paragraph (3), by inserting “and peer” before “relationships”;
in paragraph (5), as redesignated by paragraph (3), 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”;
in paragraph (6), as redesignated by paragraph (3)—
by inserting “a safe place to live, connection to caring adults, and” after “youth need”; and
by striking “and” at the end;
in paragraph (7), as redesignated by paragraph (3)—
by striking “between the Federal programs that serve runaway and homeless youth are” and inserting “at the Federal level is”; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(8) runaway and homeless youth are at a high risk of substance use disorder and becoming victims of sexual abuse, sexual exploitation, trafficking in persons, and sex trafficking;
“(9) research has shown that—
“(A) the prevalence of homelessness among youth and young adults is similar in rural and urban communities; and
“(B) runaway and homeless youth programs, such as those funded under this Act, are integral services that every community, regardless of size, should provide; and
“(10) runaway and homeless youth programs provide expert adolescent services and are integral community partners for the child welfare and juvenile justice systems.”
Sec. 4 Basic center grant program
in paragraph (1)—
by striking “The Secretary” and inserting “Every 2 or 3 years, the Secretary”;
by striking “and operate” and inserting “, operate, and maintain”; and
by striking “services” and all that follows through the period at the end 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. Grants shall be awarded for a 5-year period.”; and
in paragraph (2)—
by striking subparagraph (A) and inserting the following:
“(A) shall be provided to runaway youth, street youth, homeless youth, and youth at risk of separation from his or her family or at risk of becoming homeless;”
in subparagraph (B)—
in clause (i), by striking “21 days; and” and inserting “30 days or the maximum allowed by the State, whichever is greater;”;
by striking clause (ii) and inserting the following:
“(ii) age, gender, developmentally, and culturally and linguistically appropriate individual, family, and group counseling, as appropriate (including, if appropriate, counseling for individuals identified by such youth as family); and”
by adding at the end the following:
“(iii) suicide prevention services; and”
in subparagraph (C)—
in clause (ii), by inserting “age, gender, developmentally, and culturally and linguistically appropriate, to the extent practicable,” before “home-based services”;
in clause (iii), by striking “and” after the semicolon;
in clause (iv), by striking “diseases.” and inserting “infections;”; and
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 sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking; and
“(vi) if safe and appropriate, supports for youth and their parents, legal guardians, or (if appropriate) those identified by such youth as family, including—
“(I) an assessment of family engagement to improve support for youth (and if appropriate) reunify youth;
“(II) strength-based interventions; and
“(III) ongoing supportive services.”
in subsection (a), by inserting “, to youth who are at risk of separation from the family,” after “guardians”;
in subsection (b)—
in paragraph (2), by striking “facility” the 1st place it appears and inserting “project”;
in paragraph (2)(A)—
by striking “facility” and inserting “project”; and
by striking “requires” and inserting “allows”;
in paragraph (5), by inserting “, or (if appropriate) individuals identified by such youth as family,” after “parents or legal guardians”;
in paragraph (6)—
by inserting “(which may include the use of online resources in order to reach and engage youth)” after “programs”; and
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 sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking”;
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 such youth who—
“(A) are not referred to out-of-home shelter services;
“(B) are members of vulnerable or underserved populations;
“(C) are victims of sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking;
“(D) are pregnant or parenting;
“(E) have been involved in the child welfare system; and
“(F) have been involved in the juvenile justice system;”
by striking paragraph (8) and inserting 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;”
in paragraph (12)—
by striking subparagraph (B) and inserting the following:
“(B) detailed information on how the center has been able to meet the goals of its plans; and”
in subparagraph (C)—
by striking clause (i) and inserting the following:
“(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 runaway and homeless youth, and youth at risk of family separation) who are victims of sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking;
“(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”
in clause (ii), by striking “and” after the semicolon;
in paragraph (13) by striking the period at the end and inserting “for natural disasters, inclement weather, and mental health emergencies;”; and
by adding at the end the following:
“(14) shall provide age, gender, developmentally, and culturally and linguistically appropriate, to the extent practicable, services to runaway and homeless youth; and
“(15) shall inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090), and assist youth in completing this application at the youth’s request.”
in subsection (d)—
in paragraph (1)—
by inserting “age, gender, developmentally, and culturally and linguistically appropriate, to the extent practicable,” after “provide”;
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
by inserting “suicide prevention,” after “physical health care,”;
in paragraph (4)—
by inserting “, including training on trauma-informed and youth-centered care” after “home-based services”; and
by striking “and” after the semicolon; and
in paragraph (5)—
in subparagraph (A), by striking “and” after the semicolon;
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) youth are eligible for home-based services when determined by the applicant to be at risk of separation from the family.”
by adding at the end the following:
“(f) Online resources for outreach—An applicant may develop a plan, consistent with local needs, for the use of online resources, if appropriate, in order to reach and engage youth.”
Approval of applications— Section 313(b) (34 U.S.C. 11213(b)) is amended by striking paragraph (2) and inserting the following:
“(2) eligible applicants that request grants—
“(A) of less than $225,000, if this title is funded at less than $200,000,000 for the relevant fiscal year; and
“(B) of less than $250,000, if this title is funded at $200,000,000 or more for the relevant fiscal year.”
Sec. 5 Transitional living grant program
by striking “The Secretary is authorized to make grants and to provide technical assistance” and inserting “The Secretary shall award grants every 2 or 3 years, and shall provide technical assistance”; and
by inserting “Grants shall be awarded for a 5-year period.” after “homeless youth.”.
in subsection (a)—
in paragraph (1)—
by inserting “age, gender, developmentally, and culturally and linguistically appropriate, to the extent practicable,” before “information and counseling services”; and
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”;
in paragraph (2)—
by striking “18” and inserting “21”; and
by striking “18th” and inserting “21st”;
by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and (12) through (19), respectively;
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 geographic area or State other than the geographic area or State in which such project is located;”
in paragraph (5), as redesignated by subparagraph (C), by striking “shelter facility” and inserting “project”;
in paragraph (6), as redesignated by subparagraph (C), by striking “shelter facility used to carry out such project” and inserting “project”;
in paragraph (8), as so redesignated, by striking “to provide a written transitional living plan to each youth” and inserting “to develop a written transitional living plan in partnership with each youth”;
in paragraph (9), as so redesignated—
by inserting “age, gender, developmentally, and culturally and linguistically appropriate, to the extent practicable,” after “referral of homeless youth to”;
by striking “vocational, training” and inserting “career and technical education”;
by striking “and health care programs” and inserting “mental health service and health care programs, substance use disorder treatment, and programs providing wrap-around services to victims of sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking”; and
by striking “such services for youths;” and inserting “such programs described in this paragraph;”;
in paragraph (10), as so redesignated, by inserting “, which may include the use of online and social media engagements, as appropriate” before the semicolon;
by inserting after paragraph (10), as so redesignated, the following:
“(11) to develop a plan to provide age, gender, developmentally, and culturally and linguistically appropriate services, to the extent practicable, that address the needs of homeless and street youth;”
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 sexual abuse, sexual exploitation, trafficking in persons, and sex trafficking of such youth,”;
in paragraph (18), as so redesignated, by striking “and” after the semicolon;
in paragraph (19), as so redesignated, by striking the period at the end and inserting “regarding responses to natural disasters, inclement weather, and mental health emergencies; and”; and
by adding at the end the following:
“(20) to inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090), and assist the youth in completing this application at the youth’s request.”
by amending subsection (b) to read as follows:
“(b) Priority; equitable geographic distribution—In selecting eligible applicants to receive grants under this part, the Secretary shall—
“(1) give priority to—
“(A) entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1); and
“(B) entities that request grants—
“(i) of less than $225,000, if this title is funded at less than $200,000,000 for the relevant fiscal year; and
“(ii) of less than $250,000, if this title is funded at $200,000,000 or more for the relevant fiscal year; and
“(2) consider providing an equitable geographic distribution of grants.”
Sec. 6 National communications system
Section 331 (34 U.S.C. 11231) is amended—
by inserting “5-year” before “grants”; and
by inserting “, online, and social media” after “telephone”.
Sec. 7 Coordinating, training, research, and other activities
in the matter preceding paragraph (1), by inserting “safety, well-being,” after “health,”; and
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”.
by inserting “5-year” before “grants to”;
by inserting “, including onsite and web-based techniques, such as on-demand and online learning,” before “to public and private entities”; and
by striking “carrying out” and inserting “implementing in a trauma-informed manner”.
Grants for research, evaluation, demonstration, and service projects— Section 343(b) (34 U.S.C. 11243(b)) is amended—
in paragraph (5)—
in subparagraph (A)—
by striking “sexual abuse and assault” and inserting “violence, trauma, sexual abuse, sexual exploitation”; and
by striking “and sex trafficking” and inserting “or sex trafficking”;
in subparagraph (B)—
by striking “assault” and inserting “ sexual exploitation”; and
by striking “and” after the semicolon;
in subparagraph (C), by striking “who have been sexually victimized” and inserting “who are victims of sexual abuse or sexual exploitation”; and
by adding at the end the following:
“(D) best practices for identifying and providing age, gender, developmentally, and culturally and linguistically appropriate services to the extent practicable to—
“(i) vulnerable and underserved youth populations; and
“(ii) youth who are victims of sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking; and
“(E) informing youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), providing verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090), and assisting youth in completing this application at the youth’s request;”
in paragraph (9), by striking “and” at the end;
in paragraph (10), by striking the period and inserting a semicolon; and
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 or sex trafficking were previously involved in the child welfare or juvenile justice systems; and
“(12) the needs of runaway youth and homeless youth with disabilities, including projects that examine best practices for serving these youth.”
Demonstration projects to provide services to youth in rural areas— Section 344(a)(2)(A) (34 U.S.C. 11244(a)(2)(A)) is amended by striking “$100,000” and inserting “$200,000”.
Periodic estimate of incidence and prevalence of youth homelessness— Section 345 (34 U.S.C. 11245) is amended—
in subsection (a)—
in the matter preceding paragraph (1)—
by striking “Reconnecting Homeless Youth Act of 2008” and inserting “Runaway and Homeless Youth and Trafficking Prevention Act of 2019”;
by striking “5” and inserting “3”; and
by inserting “of Health and Human Services, acting through the Associate Commissioner of the Family and Youth Services Bureau” after “Secretary”;
in paragraph (1)—
by striking “13” and inserting “12”; and
by striking “and” after the semicolon;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
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 sexual abuse, sexual exploitation, trafficking in persons, or sex trafficking; and
“(4) that does not disclose the identity of any runaway or homeless youth.”
in subsection (b)(1)—
in the matter preceding subparagraph (A), by striking “13” and inserting “12”;
in subparagraph (A), by striking “and” at the end;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following:
“(B) incidences, if any, of—
“(i) such individuals who are victims of sexual abuse, sexual exploitation, trafficking in persons; or
“(ii) such individuals who are victims of sex trafficking; and”
in subparagraph (C), as so redesignated—
in clause (ii), by striking “; and” and inserting “, including mental health services;”; and
by adding at the end the following:
“(iv) access to education (including postsecondary education and career and technical education); and”
Sec. 8 Sexual abuse prevention program
Section 351 (34 U.S.C. 11261) is amended—
in subsection (a)—
by striking “The Secretary” and inserting “Every 2 or 3 years, the Secretary”;
by inserting “public and” before “nonprofit”; and
by striking “prostitution,” and inserting “violence,”;
by amending subsection (b) to read as follows:
“(b) Priority; equitable geographic distribution—In selecting applicants to receive grants under subsection (a), the Secretary shall—
“(1) give priority to—
“(A) public and nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth; and
“(B) eligible applicants that request grants—
“(i) of less than $225,000, if this title is funded at less than $200,000,000 for the relevant fiscal year; and
“(ii) of less than $250,000, if this title is funded at $200,000,000 or more for the relevant fiscal year; and
“(2) consider providing an equitable geographic distribution of grants.”
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, developmentally, and culturally and linguistically appropriate, to the extent practicable, services to all youth described in subsection (a).
“(d) Duration—Grants awarded under this section shall be for a period of 5 years.”
Sec. 9 General provisions
Lease of surplus Federal facilities for use runaway and homeless youth centers or as transitional living youth shelter projects— Section 381 (34 U.S.C. 11272) is amended—
in the section heading—
by inserting “, sites,” after “centers”; and
by striking “shelter facilities” and inserting “shelter projects”; and
in subsection (a), in the matter preceding paragraph (1), by striking “youth shelter facilities” and inserting “youth shelter projects”.
in the matter preceding paragraph (1)—
by striking “2000” and inserting “2021”; and
by striking “the Workforce” and inserting “Labor”;
in paragraph (1)—
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
by inserting after subparagraph (A) the following:
“(B) collecting data on sexual abuse, sexual exploitation, trafficking in persons, and sex trafficking of runaway and homeless youth;”
in paragraph (2)—
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 sexual abuse, sexual exploitation, trafficking in persons, and sex trafficking;
“(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;”
in subparagraph (F), by striking “intrafamily problems” and inserting “problems within the family, including (if appropriate) individuals identified by such youth as family,”.
Federal share— Section 383(a) (34 U.S.C. 11274(a)) is amended by striking “facility's budget” and inserting “project's budget”.
Evaluation and information— Section 386(a) (34 U.S.C. 11277(a)) is amended in the matter preceding paragraph (1)—
by striking “3” and inserting “5” each place the term appears; and
by inserting “, acting through the Associate Commissioner of the Family and Youth Services Bureau” after “Secretary”.
Performance standards— Section 386A(a) (34 U.S.C. 11278(a)) is amended by striking “Reconnecting Homeless Youth Act of 2008” and inserting “Runaway and Homeless Youth and Trafficking Prevention Act of 2019”.
Nondiscrimination— Part F is amended by inserting after section 386A (34 U.S.C. 11278) the following:
“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, be 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—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. In such a circumstance, the entity may meet the requirements of this section by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming.
“(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).”
by redesignating paragraphs (1) through (6), and paragraphs (7) and (8), as paragraphs (2) through (7), and paragraphs (9) and (10), respectively;
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.”
in paragraph (4)(A) (as so redesignated)—
in clause (i), by striking “21” and inserting “26”; and
in clause (ii), by striking “and either” and all that follows through the end of the clause and inserting “but less than 26 years of age;”;
in paragraph (6)(B)(as so redesignated)—
in clause (i), by striking the semicolon and inserting “, including the use of online methods of engagement, as appropriate, based on the needs of the community and population served;”; and
in clause (v), by striking subclauses (I) through (IV) and inserting the following:
“(I) alcohol and substance use disorder;
“(II) sexual abuse, sexual exploitation, trafficking in persons, and sex trafficking;
“(III) sexually transmitted infections, including human immunodeficiency virus (HIV);
“(IV) physical and sexual assault; and
“(V) suicide.”
in paragraph (7)(B) (as so redesignated), by striking “prostitution, or drug abuse” and inserting “trafficking in persons, sex trafficking, or substance use disorder”;
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 2019 (22 U.S.C. 7102).”
in paragraph (9) (as so redesignated)—
by inserting “to homeless youth” after “provides”; and
by inserting “, to establish a stable family or community supports,” after “self-sufficient living”; and
in paragraph (10)(B) (as so redesignated)—
in clause (ii)—
by inserting “or able” after “willing”; and
by striking “or” at the end;
in clause (iii), by striking the period and inserting “; or”; and
by adding at the end the following:
“(iv) who is involved in the child welfare or juvenile justice system, but is not living in housing or shelter funded by the Federal Government.”
in paragraph (1), by striking “$127,421,000 for each of fiscal years 2019 through 2020” and inserting “$225,000,000 for fiscal year 2021, and such sums as may be necessary for each of fiscal years 2022 through 2025”;
in paragraph (3)(B), by striking “such sums as may be necessary” and all that follows through the period at the end and inserting “$2,000,000 shall be made available to carry out section 345 for fiscal year 2021 and such sums as may be necessary shall be made available to carry out such section for each of fiscal years 2022 through 2025”; and
in paragraph (4), by striking “$25,000,000 for each of fiscal years 2019 through 2020” and inserting “$75,000,000 for fiscal year 2021, and such sums as may be necessary for each of fiscal years 2022 through 2025” .