For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34483 ------------------------------------------------------------------------------ Order Code RL34483 Runaway and Homeless Youth: Reauthorization Legislation and Issues in the 110th Congress Updated October 29, 2008 Adrienne L. Fernandes Analyst in Social Policy Domestic Social Policy Division Runaway and Homeless Youth: Reauthorization Legislation and Issues in the 110th Congress Summary The Runaway and Homeless Youth Act (RHYA) was signed into law in 1974 as Title III of the Juvenile Justice and Delinquency Prevention Act (P.L. 93-415). RHYA authorizes funding for programs to support runaway and homeless youth, as well as related training, research, and other activities. These programs and activities are administered by the Family and Youth Services Bureau (FYSB) in the Department of Health and Human Services' (HHS) Administration for Children and Families. In the second session of the 110th Congress, Congress passed and the President signed into law the Reconnecting Homeless Youth Act of 2008 (P.L. 110-378) to extend existing programs and establish new activities under RHYA for FY2009 through FY2013. The law represents a compromise between provisions that were included in two bills introduced in the 110th Congress: H.R. 5524 and S. 2982. On March 4, 2008, Representative John Yarmuth introduced H.R. 5524, the Reconnecting Homeless Youth Act of 2008, which passed the House on June 9, 2008. On May 6, 2008, Senator Patrick Leahy introduced S. 2982, the Runaway and Homeless Youth Protection Act, which passed the Senate on September 25, 2008. The House approved S. 2982 on September 26, and the President signed it into law as P.L. 110-378 on October 8, 2008. This report discusses P.L. 110-378 and includes a table with a side-by-side comparison of its provisions to those in H.R. 5524, as well as to the law and regulations as they existed prior to the enactment of S. 2982. The new law amends and adds provisions related to program funding, requirements, and accountability. It extends the authorization of appropriations for the three programs under RHYA that provide direct services to youth: the Basic Center Program (BCP), Transitional Living Program (TLP), and Street Outreach Program (SOP). Unlike prior law, P.L. 110-378 enables HHS to reallot any unused BCP funds from one state to other states and permits youth to remain in BCP and TLP shelters for a longer period. Another change made by the law requires HHS to regularly submit a report to Congress that describes the incidence and prevalence of runaway and homeless youth. The law also directs the Government Accountability Office to report to Congress on the process by which HHS awards BCP, TLP, and SOP grants. The provisions of P.L. 110-378 reflect issues raised by policymakers and advocates about RHYA during the reauthorization process. One issue was the amount of funding allocated to grantees under the three direct-service programs. Grantees expressed the concern that although Congress has periodically increased funding authorization for these programs, funding for individual grantees has remained relatively stable over time. A second issue was the lack of outcome data for youth who run away or experience homelessness. Finally, the bill addresses issues related to the educational and workforce needs of runaway and homeless youth. This report will not be updated. Contents Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Authorization of Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Allocation for the Basic Center Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Length of Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Definition of "Homeless Youth" and "Runaway Youth" . . . . . . . . . . . . . . . 4 BCP and TLP Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Priority Applicants for the SOP and Research Projects . . . . . . . . . . . . . . . . 5 Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Existing Performance Review Processes . . . . . . . . . . . . . . . . . . . . . . . . 6 Oversight of Grant Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Existing Grant Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Prevalence and Incidence Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Youth Outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Evaluation of TLP Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Education and Employment Outcomes for Runaway and Homeless Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 List of Tables Table A-1. Comparison of Changes Enacted by S. 2982/P.L. 110-378 with the Previous Law, Current Regulation (Where Applicable), and H.R. 5524 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Runaway and Homeless Youth: Reauthorization Legislation and Issues in the 110th Congress The Runaway and Homeless Youth Act (RHYA) was enacted in 1974 as Title III of the Juvenile Justice and Delinquency Prevention Act (P.L. 93-415). RHYA authorizes funding for grant programs that provide direct services to youth -- the Basic Center Program (BCP), Transitional Living Program (TLP), and Street Outreach Program (SOP) -- and related training, research, and other activities. These programs and activities are administered by the Family and Youth Services Bureau in the Department of Health and Human Services' (HHS) Administration for Children and Families. The Basic Center Program provides temporary shelter, counseling, and after care services to runaway and homeless youth under age 18 and their families, while the Transitional Living Program is targeted to older youth ages 16 to 21. Youth who use the TLP receive longer-term housing with supportive services. The Street Outreach Program provides education, treatment, counseling, and referrals for runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse and exploitation.1 RHYA has been reauthorized approximately every five years since the 1970s. Most recently, in the second session of the 110th Congress, the President signed into law the Reconnecting Homeless Youth Act (P.L. 110-378) to extend existing programs and authorize new activities under RHYA for FY2009 through FY2013. P.L. 110-378 represents a compromise between provisions that were included in two bills -- H.R. 5524 and S. 2982 -- to reauthorize RHYA.2 On March 4, 2008, Representative John Yarmuth introduced H.R. 5524, the Reconnecting Homeless Youth Act of 2008. The bill was referred to the House Education and Labor Committee, but was not taken up by the committee. On June 9, 2008, the House approved the bill by voice vote under suspension of the rules. The version of the bill that was passed contained most of the same provisions as the original version. On May 6, 2008, Senator Patrick Leahy introduced S. 2982, the Runaway and Homeless Youth Protection Act. On May 22, 2008, the Senate Judiciary Committee passed S. 2982, which included an amendment that substituted the introduced version with a similar version of the bill. On September 25, 2008, S. 2982 was approved by the 1 For detailed program information, see CRS Report RL33785, Runaway and Homeless Youth: Demographics, Programs, and Emerging Issues, by Adrienne L. Fernandes. 2 A third bill, the Runaway and Homeless Youth Act Reauthorization of 2008 was introduced on August 3, 2007, by Representative Raul Grijalva as Title II, Subtitle A of A Place to Call Home Act (H.R. 3409), an omnibus youth policy and child welfare bill. However, the bill was not voted on by the House Education and Labor Committee or the full House. CRS-2 Senate. The Senate-passed version is different from the version that passed the Judiciary Committee and includes many of the same provisions as those in H.R. 5524. The House approved S. 2982 on September 26, 2008, and the President signed it into law as P.L. 110-378 on October 8, 2008. This report first provides a broad overview of P.L. 110-378, followed by a more detailed summary of the law's provisions. The second section discusses the issues that were raised during hearings in the 110th Congress about runaway and homeless youth, and the provisions in P.L. 110-378 that, in part, address these issues. Table A-1 at the end of the report provides a side-by-side comparison of P.L. 110-378 with prior law, current regulation, and H.R. 5524. As shown in the table, notable differences include funding authorization levels, the authorization for a national homeless youth awareness campaign (as proposed by H.R. 5524), length of stay at RHYA-funded programs, and the definitions of runaway youth and homeless youth. Overview The Reconnecting Homeless Youth Act of 2008 (P.L. 110-378) reauthorizes programs for runaway and homeless youth, expands congressional oversight of these programs, and establishes new activities. The major provisions of the law relate to funding for the Basic Center Program, Transitional Living Program, and Street Outreach Program; requirements for grantees that receive BCP and TLP grants; and accountability of programs and activities authorized under RHYA. ! Funding. P.L. 110-378 authorizes FY2009 appropriation levels for the BCP, TLP, and related activities that exceed the levels authorized for FY2004 by $35 million (these are the only recent years for which Congress has specified authorized appropriation levels). The law also increases the authorized annual minimum levels of BCP funding available for states and territories. It further requires HHS to reallocate unused BCP funds from one state to another. The amount allocated to states for FY2009 and FY2010 may not be lower than the amount appropriated to the states in FY2008. ! Requirements. P.L. 110-378 allows youth to remain in a program funded under the BCP and TLP longer they were able to under the prior law, although the law imposes additional criteria for youth who stay longer at TLP-funded programs. The law also changes the definition of "homeless youth" to permit youth older than age 18 and 22 to stay at BCP- and TLP-funded programs, respectively, but only under certain circumstances. Another change made by the law specifies that in funding grants for research and other projects related to runaway and homeless youth, HHS is to give priority to applicants that serve diverse youth and represent diverse geographic regions of the U.S. (The term "diverse" is not defined.) Other requirements pertain to BCP and TLP plans submitted by grant applicants. CRS-3 ! Accountability. P.L. 110-378 requires HHS to promulgate regulations that specify performance standards for public and non- profit entities that receive BCP, TLP, and SOP grants. The law further requires HHS to periodically submit to Congress an incidence and prevalence study of runaway and homeless youth ages 13 to 26, as well as the characteristics of a representative sample of these youth. HHS must consult with the U.S. Interagency Council on Homelessness in developing the study. The law also directs the Government Accountability Office (GAO) to evaluate the process by which organizations apply for BCP, TLP, and SOP, including HHS's response to these applicants. GAO is to submit a report on its findings to Congress. The discussion below provides more details of these provisions. Funding Authorization of Appropriations The prior law (P.L. 108-96) to reauthorize the Runaway and Homeless Youth Act authorized funding for all parts3 of the Runaway and Homeless Youth Act, except the Street Outreach Program, at $105 million for FY2004 and such sums as may be necessary for FY2005 through FY2008. The Street Outreach Program was authorized to receive such sums as may be necessary for FY2004 through FY2008. For all parts of RHYA, except the SOP and the new incidence and prevalence study provisions, the Reconnecting Homeless Youth Act of 2008 authorizes $140 million for FY2009 and such sums as may be necessary for FY2010 through FY2013. The law authorizes $25 million for the SOP for FY2009 and such sums as may be necessary for FY2010 through FY2013. Finally, the law authorizes such sums as may be necessary for the study for FY2009 through FY2013. Allocation for the Basic Center Program Funding for the Basic Center Program and related training and other activities is allocated among states (including the District of Columbia) and the territories, and is distributed by HHS on a competitive basis to community-based organizations. As the law existed prior to the enactment of P.L. 110-378, each state and territory received a minimum annual allotment of $100,000 and $45,000, respectively, in BCP funds. P.L. 110-378 increases the annual minimum funding available for each state to $200,000 and for each territory to $70,000. The law also provides that funding for each state in FY2009 and FY2010 is to be no less than the amount allotted to that 3 Part A pertains to the BCP; Part B pertains to the TLP; Part C pertains to the National Communication System; Part D pertains to coordinating, training, research, and other activities; Part E pertains to the SOP; and Part F pertains to general provisions, such as assistance to potential grantees, lease of surplus federal facilities, reports, records, definitions, and authorization of appropriations, among other provisions. CRS-4 state for FY2008 (the bill is silent on a minimum for territories in those years). Further, unlike prior law, P.L. 110-378 enables the HHS Secretary to reallot any funds that have not been obligated before the end of a fiscal year for a state to the other states. The law does not specify the criteria for re-allotting the funds. The new law does not change the funding structure for the Transitional Living Program and Street Outreach Program. Funds for these programs are allocated competitively by HHS to community-based organizations. Requirements P.L. 110-378 changes program requirements related to (1) the length of time that youth are eligible to stay in Basic Center Program and Transitional Living Program facilities; (2) the definition of homeless youth and runaway youth; (3) BCP and TLP plans submitted by applicants; and (4) applicants that are to be prioritized under the Street Outreach Program. Length of Stay The Reconnecting Homeless Youth Act of 2008 authorizes longer periods in which a youth may stay at a program funded by the BCP or TLP. Current regulation specifies that youth may remain at a BCP shelter for up to 15 days. However, P.L. 110-378 permits youth to stay at a shelter for up to 21 days. The new law continues to allow youth to remain at TLP projects for up to 540 days (18 months) or longer for youth under age 18 and adds that a youth may remain in the program for a continuous period of 635 days (approximately 21 months) under "exceptional circumstances." This term means circumstances in which a youth would benefit to an unusual extent from additional time in the program. The new law further authorizes that a youth in a TLP who has not reached age 18 on the last day of the 635-day period may, in exceptional circumstances and if otherwise qualified for the program, remain in the program until his or her 18th birthday. Definition of "Homeless Youth" and "Runaway Youth" Under the law as it existed prior to the enactment of the Reconnecting Homeless Youth Act of 2008, "homeless youth" for purposes of the BCP was defined as an individual younger than age 18 for whom it is not possible to live in a safe environment with a relative and for whom no other safe alternative living arrangement exists. P.L. 110-378 amends the first clause to define "homeless youth" as an individual younger than age 18, or an older maximum age if the BCP center is located in a state or locality with a law or regulation that permits this higher age. For purposes of the TLP, the prior law defined "homeless youth" as an individual age 16 through 21 for whom it is not possible to live in a safe environment with a relative and for whom no other safe alternative living arrangement exists. P.L. 110-378 changes the first clause of the definition to include an individual ages 16 through 22, or an age exceeding 22 years old on the last day the youth is permitted under law to be at the shelter, so long as the participant enters the TLP project prior CRS-5 to reaching age 22. (As mentioned above, P.L. 110-378 permits a stay of 540 days, or up to 635 days if the youth would greatly benefit from being in the program.) Finally, under current regulation, a "runaway youth" is defined as a person under age 18 who absents himself or herself from home or place of legal residence without the permission of his or her family. P.L. 110-378 enacts similar language that defines "runaway youth" as an individual who leaves home or place of residence without the permission of his or her parent or legal guardian. BCP and TLP Plans As required under the previous law, applicants for TLP funding were required to submit a plan to the HHS Secretary specifying that they would provide, directly or indirectly, shelter and services, among other types of assistance. The Reconnecting Homeless Youth Act of 2008 amends the law to require that applicants provide, by a grant, agreement, or contract, shelter, services, and other assistance.4 Also under P.L. 110-378, applicants for TLP and BCP grants must develop an adequate emergency preparedness and management plan.5 Priority Applicants for the SOP and Research Projects Under the law as it existed prior to enactment of the Reconnecting Homeless Youth Act of 2008, HHS was to prioritize non-profit private agencies with experience in providing services to runaway and homeless youth, including youth living on the street, when awarding grants under the Street Outreach Program. P.L. 110-378 requires that HHS also give priority to public agencies with experience in serving runaway and homeless youth. P.L. 110-378 also makes changes to the priority areas for awarding grants for research, evaluation, demonstration, and service projects concerning runaway and homeless youth. Under the prior law, HHS could prioritize projects that addressed one of nine priority areas. P.L. 110-378 modifies the language regarding two of these priority areas. For one of the priority areas, regarding access to quality health care, the law changes the reference from projects addressing mental health care to projects addressing behavioral health care. For the other priority area, regarding access to education, the law adds that the projects should decrease high school dropout rates, increase rates of attaining a secondary school diploma or its recognized equivalent, or increase placement and retention in postsecondary education or advanced workforce training programs. The law also inserts as a tenth priority area projects that assist youth in obtaining and maintaining safe and stable housing. Finally, P.L. 110- 378 makes a change pertaining to applicants that apply for grants to implement projects in one of the priority areas. Under the previous law, HHS was to give 4 It is not clear whether the language will change the way TLP applicants sub-contract services for runaway and homeless youth, if at all. Prior grant applications for the BCP, TLP, and SOP have asked applicants to submit information about any sub-grants or contracts with other entities that provide services to runaway and homeless youth. 5 The law does not define how this plan should be carried out, or what is considered "adequate." CRS-6 priority consideration to applicants with experience working with runaway and homeless youth. P.L. 110-378 adds that HHS is to ensure selected applicants represent diverse geographic regions of the U.S. and carry out projects that serve diverse youth. "Diverse" is not defined in the law.6 Accountability The Reconnecting Homeless Youth Act of 2008 includes provisions that seek to improve accountability of programs and activities authorized by RHYA, including requiring HHS to establish performance standards for BCP, TLP, and SOP grantees; directing GAO to evaluate the process by which grants are awarded under the three programs; and requiring HHS to periodically submit a report to Congress that contains estimates of runaway and homeless youth and certain characteristics of the population. Performance Standards The Reconnecting Homeless Youth Act of 2008 requires that within one year after its enactment (October 8, 2009), HHS is to issue rules that specify performance standards for public and non-profit entities that receive BCP, TLP, and SOP grants. In developing the regulations, HHS is to consult with stakeholders in the runaway and homeless youth policy community. The law further requires that HHS integrate the performance standards into the grantmaking, monitoring, and evaluations processes for the BCP, TLP, and SOP. Existing Performance Review Processes. As they existed prior to the enactment of P.L. 110-378, the RHYA statute and accompanying regulations did not explicitly set forth performance standards for the grantees. However, grantees were (and are) collectively expected to meet certain performance measures established by the Office of Management and Budget's (OMB) Program Assessment Rating Tool (PART) process.7 The performance measures are as follows: ! achieve the proportion of youth served in the TLP entering safe and appropriate settings directly after exiting care at 85% by FY2008 and 6 The Department of Health and Human Services, through the Family and Youth Services Bureau, has defined diversity in runaway and homeless youth programs to include characteristics such as gender, race, ethnicity, socioeconomic and educational status, sexual orientation, physical capacity, age, personality type, religious and spiritual beliefs, regional customs, and immigrant status. U.S. Department of Health and Human Services, Administration for Children and Families, Family and Youth Services Bureau, A Guide to Enhancing Cultural Competence of Runaway and Homeless Youth Programs, January 1994, pp. 5-7. 7 U.S. Office of Management and Budget, Detailed Assessment on the Runaway and Homeless Youth Assessment, 2003 and U.S. Office of Management and Budget, Detailed Assessment on the Runaway and Homeless Youth Assessment, 2007, available at [http://www.whitehouse.gov/omb/expectmore/summary/10001064.2006.html]. (Hereafter PART 2003 or PART 2007.) CRS-7 maintain this level through FY2010 (this is known as a long-term outcome measure); ! improve funding efficiency by increasing the percentage of youth who complete the TLP by graduating or who leave ahead of schedule because of other opportunities (this is known as a long-term efficiency measure); ! increase the percentage of TLP youth participants who are engaged in community service and service learning activities while in the program (this is known as a outcome measure); and ! increase the proportion of youth who are prevented from running away through BCP in-home or off-site services (this is known as an outcome measure). Data for these outcome measures are collected from each grantee through the NEO-RHYMIS (National Extranet Optimized Runaway and Homeless Youth Management Information System) reporting system, which includes a range of data elements on the characteristics and short-term outcomes of youth receiving services through the BCP, TLP, and SOP.8 Further, during the grant application process, described below, applicants must discuss the results or benefits expected from their programs. For example, applicants are advised to identify quantitative outcomes for their proposed projects that will fulfill the program purpose and scope of services, as described in RHYA and the grant announcement. Oversight of Grant Review Process The Reconnecting Homeless Youth Act of 2008 directs the Government Accountability Office to examine the process by which organizations apply for BCP, TLP, and SOP grants. Specifically, GAO is to submit to Congress findings and recommendations relating to (1) HHS's written responses to and other communications with unsuccessful applicants to determine if the information in the responses is conveyed clearly; (2) the content of the grant applications and other associated documents to determine if these materials are presented in a way that gives an applicant a clear understanding of the information that is to be provided and the terminology used in the materials; (c) the peer review process (if any) for the grants; (d) the typical time frame for responding to applicants and the efforts made by HHS to communicate about delayed funding decisions; and (e) the plans for implementation of technical assistance and training authorized under RHYA, and the effect of such programs on the application process for the grantees.9 8 For additional information about NEO-RHYMIS, see [https://extranet.acf.hhs.gov/rhymis/ custom_reports.html]. 9 For information about recent changes to the training and technical assistance programs, see CRS Report RL33785, Runaway and Homeless Youth: Demographics and Programs, by Adrienne L. Fernandes. CRS-8 Existing Grant Review Process. Applicants for BCP, TLP, and SOP grants are currently evaluated and rated by an independent review panel made up of non-federal reviewers who are experts in the field of runaway and homeless youth issues.10 The review panel uses evaluation criteria to assign a score up to 100 for each applicant and to identify the application's strengths and weaknesses. The criteria are established in regulation11 and described in greater detail in the grant announcements. As set forth in the grant announcements, these criteria include the extent to which the application ! identifies the services that will be provided, as required by and consistent with RHYA, among other requirements; ! demonstrates the organizational capacity necessary to oversee federal grants through an explanation of the organization's fiscal controls and governance structure, among other requirements; ! identifies quantitative outcomes for the proposed project that will fulfill the program purpose and scope of services as described in RHYA and the grant announcement, among other requirements; ! describes clear and appropriate program objectives that will fulfill the program purpose, as well as a clear need for the proposed project through a discussion of the conditions of youth and families in the area to be served, among other requirements; ! includes an organizational chart that demonstrates the relationship between all positions, including consultants, sub-grants and/or contractors, to be funded through the grant, among other requirements; and ! includes a detailed line-item budget for the federal and non-federal share of project costs and demonstrates how cost estimates were derived. As further described in the grant announcements, the review panel's assigned scores assist the FYSB Associate Commissioner and program staff in considering applications. Applications are generally ranked in order of the average scores assigned by reviewers; however, the scores, in combination with other factors, determine whether an application is funded. These other factors include, but are not limited to, comments of reviewers and government officials, HHS staff evaluation and input, geographic distribution, previous program performance of applicants, compliance with grant terms under previous HHS grants, audit reports, investigative reports, and an applicant's progress in resolving any final audit disallowance on 10 For additional information about the grant review process, see archived grant funding announcements for the program, [http://www.acf.hhs.gov/grants/grants_archive.html]. 11 45 C.F.R. 1351.81. CRS-9 previous FYSB or other federal agency grants. According to HHS, because RHYA grants are highly competitive, well-qualified applicants may not receive funding.12 Further, in some years, applicants with scores in the 90s have not been awarded grants because such a large number of applicants receive scores of 100 or close to 100. HHS does not have an appeals process for unsuccessful applicants. However, in accordance with HHS's Awarding Agency Grants Administration Manual (AAGAM), unsuccessful applicants are notified by letter that they were not awarded funding, with a full explanation of the reasons the application was not funded.13 The letter contains a compilation of review comments outlining the strengths and weaknesses of their application as identified by the panel of non-federal reviewers. Compilations are also available for successful applications, however, they are only sent at the request of these applicants. Scores are not automatically sent to any applicants but are available upon request. Prevalence and Incidence Studies The precise number of homeless and runaway youth is unknown due to their residential mobility and other factors, and RHYA, as authorized through FY2008, was silent on whether HHS or any other entity was to approximate this number. Runaway and homeless youth often eschew the shelter system for locations or areas that are not easily accessible to shelter workers and others who count the homeless and runaways.14 Determining the number of homeless and runaway youth is further complicated by the lack of a standardized methodology for counting the population and inconsistent definitions of what it means to be homeless or a runaway.15 In response to a 2002 congressional request through the appropriations process,16 HHS submitted a report to Congress in 2003 that discusses a plan for developing estimates of the incidences of runaway, throwaway,17 homeless, and street experiences among youth, as well as a plan for regularly monitoring incidence trends.18 12 Based on correspondence with the Department of Health and Human Services on September 21, 2007. 13 Ibid, February 26, 2008. 14 Christopher L. Ringwalt et al., "The Prevalence of Homelessness Among Adolescents in the United States," American Journal of Public Health, vol. 88, no. 9 (September 1998), p. 1325. 15 Ibid. 16 The Senate Appropriations Committee made this request in S.Rept. 107-84 to accompany the Senate version of the Labor, HHS, Education Appropriations Bill for 2002 (S. 1536). Companion legislation (H.R. 3061) was signed into law as P.L. 107-116. 17 "Throwaway youth" (or "push outs") generally refer to runaway and homeless youth who have been abandoned by their parents or have been told to leave their households. 18 U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation, Office of Planning, Research, and Evaluation, Administration for Children and Families, Incidence and Prevalence of Homeless and Runaway Youth, May (continued...) CRS-10 The Reconnecting Homeless Youth Act of 2008 seeks to determine the number of youth who have run away or are homeless by requiring HHS to estimate at five year intervals, beginning within two years of the enactment of P.L. 110-378 (October 8, 2010), the incidence and prevalence of the runaway and homeless youth population ages 13 to 26. The law also directs HHS to assess the characteristics of these youth. HHS is required to conduct a survey of and direct interviews with a representative sample of homeless youth ages 13 to 26 to determine past and current socioeconomic characteristics; barriers to obtaining housing and other services; and other information HHS determines useful, in consultation with states and other entities concerned with youth homelessness. HHS is to consult with the federal Interagency Council on Homelessness about the studies overall. The new law does not specify the methodology for carrying out the studies, except to say that HHS should make the estimate based on the best quantitative and qualitative social science research methods available. Further, if HHS enters into an agreement with a non- federal entity to carry out the assessment, the entity is to be a non-governmental organization or individual determined by HHS to have expertise in this type of research. As mentioned above, the law authorized such sums as may be necessary for FY2009 through FY2013 to conduct the study. The studies must be submitted to the House Education and Labor Committee and Senate Judiciary Committee, and made available to the public. Issues During the 110th Congress, the House and Senate conducted hearings on the challenges facing runaway and homeless youth and the federally funded services to assist the population.19 The issues raised included inadequate levels of funding for RHYA grantees, limited information about the outcomes of runaway and homeless youth, and the need for greater education and workforce opportunities for these youth. The Reconnecting Homeless Youth Act of 2008 incorporates provisions that, in part, address the three issues. 18 (...continued) 9, 2003; available at [http://www.acf.hhs.gov/programs/opre/fys/design_opt/reports/ incidence/incidence.pdf]. 19 U.S. Congress. House. Committee on Education and Labor. Subcommittee on Healthy Families and Communities. Runaway, Homeless, and Missing Children: Perspectives on Helping the Nation's Vulnerable Youth. Hearings. 110th Congress, 1st session, July 24, 2007. T r ans cr i pt avai l abl e at [ ht t p://frwebgate.access.gpo.gov/cgi-bin/ getdoc.cgi?dbname=110_house_hearings&docid=f:36729.pdf]. U.S. Congress. House. Committee on Ways and Means. Subcommittee on Income Security and Family Support. Disconnected and Disadvantaged Youth. Hearings. 110th Congress, 1st session, June 19, 2007. Written testimony available at [http://waysandmeans.house.gov/ hearings.asp?formmode=detail&hearing=569]. U.S. Congress. Senate. Committee on the Judiciary. Living on the Street: Finding Solutions to Protect Runaway and Homeless Youth. 110th Congress, 2nd session, April 29, 2008. Written testimony available at [http://judiciary.senate.gov/hearing.cfm?id=3312]. CRS-11 Funding At a hearing conducted by the Senate Judiciary Committee on April 29, 2008, service providers and advocates for runaway and homeless youth raised concerns that funds appropriated under RHYA have not been adjusted for increases in the cost of living. A provider in Vermont explained that his RHYA-funded programs have been level-funded since 1994, while costs have risen significantly. These same concerns were highlighted at a July 24, 2007, hearing on runaway, homeless, and missing children, conducted by the House Education and Labor Committee Subcommittee on Healthy Families and Communities. Further, the Government Accountability Office described in its February 2008 report on disconnected youth that funding has remained stagnant for federal youth programs, including those funded by RHYA. The report states: "While overall Transitional Living Program funding increased in FY2002 to support a greater number of programs, the amount available to individual local programs -- capped at $200,000 -- has not changed since 1992. One [runaway and homeless] program director explained that considering increases in the cost of operation, this amount funds only part of one staff rather than three as in previous years."20 An analysis of per grantee award amounts from FY2004 through FY2007 indicates that BCP and TLP funding has remained stable or has declined slightly.21 For example, $44.4 million in BCP funds was awarded to 345 grantees for FY2004, resulting in an average grant of $128,734. For FY2007, approximately $43.3 million was awarded to 336 grantees, with an average grant amount of about $128,821. Average TLP award amounts declined over the period from FY2004 through FY2007. For FY2004, 194 grantees shared $36,744,000 in TLP funds, resulting in an average grant of $189,402. The average grant award decreased to $181,558 for FY2007, when 190 grantees shared $34,496,000 in TLP funds. In response to concerns about funding, the Reconnecting Homeless Youth Act of 2008 increases the authorization of appropriations in at least one year (FY2009) for the BCP, TLP, and SOP, and increases the minimum BCP awards for states and territories. However, for most programs -- including those authorized under the Runaway and Homeless Youth Act -- Congress has passed, and the President has enacted, a continuing resolution for FY2009 (P.L. 110-329), which in most cases, provides for the same level of funding as in FY2008. The resolution extends until March 9, 2009, and does not reflect final funding levels for FY2009. 20 U.S. Government Accountability Office, Disconnected Youth: Federal Action Could Address Some of the Challenges Faced by Local Programs That Reconnect Youth to Education and Employment, GAO-08-313, February 2008, p. 29. 21 Based on a Congressional Research Service (CRS) analysis of appropriation information and the reported number of grantees, as provided in the U.S. Department of Health and Human Services, Administration for Children and Families, Justification of Estimates for Appropriations Committees, FY2006 through FY2009. CRS-12 Youth Outcomes At the hearings held by the Senate Judiciary Committee and House Education and Labor Subcommittee on Healthy Families and Communities, former runaway and homeless youth discussed the challenges of living on the street, such as the inability to find work and connect to school. One witness at the Senate Judiciary hearing described the assistance he received at a TLP-funded program that now employs him as a manager for the program. He explained that through intensive case management, he was empowered to stop using drugs and to live independently. Yet little is known about the outcomes of runaway and homeless youth generally. Local grantee organizations have limited information about youth after they receive services, and research on whether youth experience homelessness as adults is dated. Some grantees may decide to follow up with youth who received services, but HHS does not require longitudinal data collection. HHS's 2007 report to Congress, Promising Strategies to End Youth Homelessness, states that longer-term studies of runaway and homeless youth are challenging because of the youth's transient nature.22 Further, knowledge about effective strategies for serving these youth is limited23 and few, if any, studies appear to have been conducted to determine the costs and benefits of these interventions. To glean more information about the runaway and homeless youth population, the Reconnecting Homeless Youth Act of 2008 requires HHS to determine the incidence and prevalence of runaway and homeless youth and to report on the socio- demographic and other characteristics of the population. Although not a specified goal of the act, this information may help practitioners and social science researchers develop effective interventions for the population. Evaluation of TLP Sites. Efforts are currently underway at HHS to learn more about the youth who are served by the Transitional Living Program. In August 2007, HHS approved a sub-contract to Abt Associates to conduct an evaluation of the TLP at select grantee sites.24 The study seeks to describe the outcomes of youth who participate in the program and to isolate and describe factors that may have contributed to their successes or challenges, including service delivery approaches, personal characteristics, and local circumstances. HHS (through the Family and Youth Services Bureau) and Abt researchers have conducted three site visits to TLP 22 U.S. Department of Health and Human Services, Promising Strategies to End Youth Homelessness, Report to Congress, 2007. Available at [http://www.acf.hhs.gov/programs/ fysb/content/docs/reporttocongress_youthhomelessness.pdf]. This report was required under P.L. 108-96. See 42 U.S.C. 5701. 23 Interventions can include case management, working with the youth's family, and social skills training, among other areas. For a review of research on intervention and prevention of homeless and runaway situations, see Paul A. Toro, Amy Dworsky, and Patrick J. Fowler, Homeless Youth in the United States: Recent Research Findings and Intervention Approaches, 2007 National Symposium on Homelesness Research, March 2007. Available at [http://aspe.hhs.gov/hsp/homelessness/symposium07/toro/index.htm]. 24 Based on correspondence with the Department Health and Human Services on March 28, 2008. CRS-13 grantees (in Dallas, Texas; Portland, Oregon; and Wichita, Kansas) and a series of consultations with HHS and outside experts to inform the design of the study. FYSB has not yet selected the TLP survey sites for the study itself; however, the sites will likely have extensive experience working with runaway and homeless youth and have been awarded continuous TLP funding for at least three years after the survey commences. These sites will work to ensure that after receiving training, staff will be sufficiently capable of administering the survey instruments. The sites will also need to be large enough to capture an adequate sample size. Youth participants will complete surveys at entry and while receiving services through a survey administered by their TLP programs. They will also complete surveys for up to one year after leaving the program. Youth will self-report the data to a website six months and twelve months after exiting. Evaluators will compare the individual outcomes of each youth to his or her benchmark data. The youth surveys are pending executive branch review, and FYSB expects to begin collecting the data by the end of calendar year 2008. FYSB anticipates making preliminary information available before the last surveys are completed. Further, FYSB expects to maintain the self-reporting website indefinitely as a means of tracking TLP graduates after the formal study is complete. HHS issued a proposed information collection request for public comment about the evaluation in the Federal Register on August 25, 2008.25 Education and Employment Outcomes for Runaway and Homeless Youth On June 19, 2007, the House Ways and Means Subcommittee on Income Security and Family Support held a hearing on disconnected and disadvantaged youth, with a focus on runaway youth. Witnesses described "disconnected youth" as those youth who have weak social networks of family, friends, and communities that can provide assistance such as employment connections, health insurance coverage, housing, tuition and other financial assistance, and emotional support. They also discussed measurable characteristics to indicate whether youth are disconnected, such as the lack of high school or college attendance coupled with not having a job over a specific period of time (e.g., one year).26 Runaway and homeless youth are vulnerable to becoming disconnected because of separation from their families, absence from school, and non-participation in the economy.27 Family conflict -- rooted in abuse and neglect, school problems, and 25 U.S. Department of Health and Human Services, Administration for Children and Families, "Proposed Information Collection Activity; Comment Request," 73 Federal Register 50022, August 25, 2008. Comments are due October 25, 2008. 26 For additional information about disconnected and other vulnerable youth, see CRS Report RL33975, Vulnerable Youth: Background and Policies, by Adrienne L. Fernandes. 27 Bob Reeg, "The Runaway and Homeless Youth Act and Disconnected Youth," in Jodie (continued...) CRS-14 drug and alcohol abuse -- can compel youth to leave home. Family disconnectedness is also evident among many runaway and homeless youth involved in the foster care system. These youth are brought to the attention of child welfare services because of incidents of abuse and neglect. Further, youth "aging out" of the foster care system experience homelessness at a greater rate than their counterparts in the general population due, in part, to family disconnectedness. Some gay and lesbian youth also experience family disassociation when they come out about their sexuality. Some runaway and homeless youth spend time out of school while they are away from a permanent home. The FY2007 NEO-RHYMIS survey indicated that about 20% of youth were not attending school regularly before entering the Basic Center Program.28 Of youth in the Transitional Living Program, 21% had dropped out of school. Some homeless youth face barriers to attending school because of transportation problems and the absence of parents and guardians who can provide records and permission for youth to participate in school activities. Finally, some runaway and homeless youth are removed from the formal economy and resort to illegal activity, including stealing and selling drugs in exchange for cash. Other such youth are too young to work legally or experience mental health and other challenges that make working difficult. The Reconnecting Homeless Youth Act of 2008 seeks to fund research projects that focus on connecting youth to work and school. The act amends RHYA to require HHS to give priority to research, evaluation, demonstration, and service projects that increase access to education and career pathways for runaway and homeless youth. These projects must be intended to help decrease high school dropout rates, increase rates of attaining a secondary school diploma or its equivalent, or increase placement and retention in postsecondary education or advanced workforce training programs. 27 (...continued) Levin-Epstein and Mark H. Greenburg, eds., Leave No Youth Behind: Opportunities for Congress to Reach Disconnected Youth (July 2003), pp. 56-63. 28 These figures were derived from the report, "Grade Completed at Exit." See [https://extranet.acf.hhs.gov/rhymis/]. CRS-15 Appendix Table A-1. Comparison of Changes Enacted by S. 2982/P.L. 110-378 with the Previous Law, Current Regulation (Where Applicable), and H.R. 5524 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 1. Short Title Runaway and Homeless Youth Reconnecting Homeless Youth Act of (Sec. 1) Act. 2008 (to amend the Runaway and Same as H.R. 5524. Homeless Youth Act). Sec. 2. Findings Finding About Positive No provision. Adds as a purpose that services for (Sec. 2) Youth Development runaway and homeless youth should Same as H.R. 5524. be developed and provided using a Amends Sec. 302 positive youth development approach (42 U.S.C. 5701) that ensures a 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. 3. Grants for Centers and Services Youth's Length of Stay No provision related to length 1351.1(a) Safe and appropriate shelter not to (Sec. 3) of stay. However, the law "Temporary shelter" under the Basic exceed 15 days, or not to exceed 21 Safe and appropriate shelter Amends Sec. 311(a) specifies that services provided Center Program is defined as "the days, if the center is "located in a state not to exceed 21 days. (42 U.S.C. 5711) by BCP projects include "safe provision of short term (maximum of or locality with an applicable law or and appropriate shelter." 15 days) room and board and core regulation that permits a length of stay crisis intervention services, on a in excess of 15 days in compliance 24-hour basis, by a runaway and with licensure requirements for child homeless youth project." and youth serving facilities." CRS-16 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Grants for States and An annual minimum of To the extent that sufficient funds are (Sec. 3) Territories $100,000 for each state and an available, and subject to the provision subject to the provision about annual minimum of $45,000 about funding for FY2009 and funding for FY2009 and Amends Sec. 311(b) for each territory. FY2010 (below), an annual minimum FY2010 (below), an annual (42 U.S.C. 5711) of $150,000 for each state and an minimum of $200,000 for each annual minimum of $70,000 for each state and an annual minimum territory. of $70,000 for each territory. Minimum Funding for No provision. Funding for each state in FY2009 and (Sec. 3) FY2009 and FY2010 FY2010 is to be no less than the Same as H.R. 5524. amount allotted to that state for Amends Sec. 311(b) FY2008. (42 U.S.C. 5711) Reallocation of Unused No provision. The Secretary shall reallot any funds (Sec. 3) Funds from one state to other states that will Same as H.R. 5524, with a few not be obligated before the end of a minor, non-substantive Amends Sec. 311(b) fiscal year. differences in the text. (42 U.S.C. 5711) Sec. 4. Basic Center Grant Program Eligibility Adequate Emergency No provision. Projects must develop an adequate (Sec. 3) Preparedness and emergency preparedness and Same as H.R. 5524. Management Plan management plan. Amends Sec. 312(b) (42 U.S.C. 5712(b)) Sec. 5. Transitional Living Grant Program Eligibility Provision of Shelter, To qualify for funding, Applicants must specify in their plans (Sec. 4) Services, and Other applicants must agree in their that they will provide, directly or by Applicants must specify in Assistance plan submitted to the Secretary contract, shelter and services related their plans that they will that they will provide, directly to basic life skills and other services. provide, by grant, agreement, Amends Sec. 322(a) or indirectly, shelter and or contract, shelter and (42 U.S.C. 5714-2(a)) services related to basic life services related to basic life skills and other services. skills and other services. CRS-17 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Youth's Length of Stay in Not to exceed a continuous Adds that youth may remain in the (Sec. 4) Program period of 540 days, except that program for a continuous period of up Not to exceed a continuous youth under age 18 may remain to 635 days if they are in a project period of 540 days, or 635 Amends Sec. 322(a) in the program until their 18th "located in a state that has an days in exceptional (42 U.S.C. 5714-2(a)) birthday or the 180th day after applicable state or local law or circumstances, except that a the end of the 540-day period, regulation that permits a length of stay youth under age 18 may whichever comes first. in excess of the 540-day period in remain in the program beyond compliance with licensure the 635 days (if otherwise requirements for child and youth qualified for the program and serving facilities." under exceptional circumstances) until his or her 18th birthday. Definition of "Exceptional No provision No provision. (Sec. 4) Circumstances" Circumstances in which a youth would benefit to an Amends Sec. 322(c) unusual extent from additional (42 U.S.C. 5714-2(c)) time in the program. Emergency Preparedness No provision. Transitional Living Program projects (Sec. 4) and Management Plan must develop an adequate emergency Same as H.R. 5524. preparedness and management plan. Amends Sec. 322(a) (42 U.S.C. 5714-2(a)) CRS-18 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 6. Research, Evaluation, Demonstration, and Service Projects Selection of Grantees The Secretary is to give special The Secretary is to give priority to (Sec. 5) consideration to proposed projects focused on the nine priority Same as H.R. 5524, with a few Amends Sec. 343(b) projects relating to research, areas in current law (with some minor, non-substantive (42 U.S.C. 5714-23) evaluations, and modifications to the descriptions of differences in the text. demonstrations in nine priority the projects listed under paragraphs areas, including (1) youth who (8) and (9) in current law) as well an repeatedly leave and remain additional project under a new away from their homes; (2) paragraph (10): (8) increasing access transportation related to to quality health care (including services provided under behavioral health care) for youth; (9) RHYA; (3) runaway and increasing access to education for homeless youth in rural areas; runaway and homeless youth, (4) programs that place including access to educational and runaway and homeless youth workforce programs to achieve with host families; (5) staff outcomes such as decreasing high training in sexual assault and school dropout rates, increasing rates victimization; (6) innovative of attaining a secondary school methods of developing diploma or its recognized equivalent, resources that enhance runaway or increasing placement and retention and homeless youth centers; (7) in postsecondary education or training for staff and youth advanced workforce training about the Human programs; and (10) providing Immunodeficiency Virus programs, including innovative (HIV); (8) increasing access to programs, that assist youth in health care (including mental obtaining and maintaining safe and health care) for youth; and (9) stable housing, and which may include increasing access to education programs with supportive services that for runaway and homeless continue after the youth complete the youth. remainder of the programs. CRS-19 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Priority Selection of The Secretary is to give priority Adds that the Secretary is to give (Sec. 5) Grantees consideration to applicants with priority consideration to applicants Same as H.R. 5524, with a few experience working with with experience working with minor, non-substantive Amends Sec. 343(c) runaway and homeless youth. runaway and homeless youth and differences in the text. (42 U.S.C. 5714-23) ensure that applicants selected represent diverse geographic regions of the U.S. and carry out projects that serve diverse youth. Sec. 7. Estimate of Incidence and Prevalence of Youth Homelessness Adds a new Section 345 under Part D (42 U.S.C. 5714-21 -- 5714-24) Periodic Estimate of The Senate Appropriations Not later than two years after this (Sec. 6) Incidence and Prevalence Committee requested, through provision becomes effective, and at Same as H.R. 5524, with a few of Youth Homelessness S.Rept. 107-84 (to accompany subsequent five-year intervals, the minor, non-substantive S. 1536), that HHS submit a Secretary, in coordination with the differences in the text. Adds new subsection report to Congress that U.S. Interagency Council on Sec. 345(a) discusses a plan for developing Homelessness, shall prepare a written estimates of the incidences of report for the House Education and runaway, throwaway, Labor Committee and Senate Judiciary homeless, and street Committee that contains an estimate, experiences among youth, as obtained using the best quantitative well as a plan for regularly and qualitative social science research monitoring incidence trends. methods available, of the incidence This report was submitted in and prevalence of runaway and 2003. homeless youth ages 13 to 26, and includes an assessment of the characteristics of these youth. CRS-20 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Content of Incidence and No provision. Each assessment must contain the (Sec. 6) Prevalence Assessment results of a survey of and direct Same as H.R. 5524. interviews with, a representative Adds new subsection sample of runaway and homeless Sec. 345(b) youth ages 13 to 26 to determine past and current (a) socioeconomic characteristics; (b) barriers to obtaining safe, quality, and affordable housing; comprehensive and affordable health insurance and health services; and incomes, public benefits, supportive services, and connections to caring adults; and (c) other information that the Secretary determines may be useful, in consultation with states, local units of government, and national non- governmental organizations concerned with homelessness. Implementation of No provision. If the Secretary enters into any (Sec. 6) Assessment agreement with a non-federal entity to Same as H.R. 5524. carry out the assessment, such entity Adds new subsection shall be a non-governmental (Sec. 345(c)) organization, or an individual, determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research. CRS-21 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 8. Sexual Abuse Prevention Program (Note: also known as the Street Outreach Program) Priorities in Selecting In selecting applicants to Same as current law, except that the (Sec. 7) Applicants receive grants, the Secretary Secretary is to also give priority to Same as H.R. 5524. shall give priority to non-profit public agencies that have experience Amends Sec. 351(b) private agencies that have in providing services to runaway, (42 U.S.C. 5714-41(b)) experience in providing homeless, and street youth. services to runaway, homeless, and street youth. Sec. 9. National Homeless Youth Awareness Campaign H.R. 5524 would have redesignated current Part F as Part G and added a new Sec. 361 under a new Part F Purpose No provision. The Secretary shall, directly or No provision. through grants or contracts, conduct a H.R. 5524 would have national homeless youth awareness added a new subsection campaign for the purposes of (a) 361(a) increasing awareness among individuals of all ages, socioeconomic backgrounds, and geographic locations about the issues facing runaway and homeless youth, the resources available for these youth, and the tools available for the prevention of youth runaway and homeless situations; and (b) encouraging parents, guardians, educators, health care professionals, social service professionals, law enforcement officials, and other community members to assist youth in averting or resolving runaway and homeless situations. CRS-22 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Use of Funds No provision. Funds made available for the No provision. campaign may be used only for the H.R. 5524 would have following: (a) dissemination of added a new subsection educational information and materials 361(b) through various media, including television, radio, the Internet, and related technologies; (b) partnerships with national and other organizations concerned with homelessness; (c) in accordance with applicable laws and regulations, development and placement in media of public service announcements that educate the public on the issues facing runaway and homeless youth and the opportunities adults have to assist these youth; and (d) evaluation of the effectiveness of the campaign. Prohibitions on Use of No provision. Prohibits the use of funds for the No provision. Funds national awareness campaign: (a) to supplant pro bono service time H.R. 5524 would have donated by national or local added a new subsection broadcasting networks, advertising 361(c) agencies, or production companies for the campaign, or other pro bono work for the campaign; (b) for partisan political purposes, or to express advocacy in support of or opposition to any clearly identified candidate, ballot initiative or regulatory proposal; (c) to fund advertising that features any elected official, person seeking office, cabinet level official, or other federal employee employed pursuant to Section 213 of Section C of Title 5 CRS-23 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) of the Code of Federal Regulations, as amended; (d) to fund advertising that does not contain a primary message intended to educate the public on the issues facing runaway and homeless youth (or youth considering running away) or the opportunities for adults to help such youth; and (e) to fund advertising that solicits contributions from both public and private sources to support the national awareness campaign. Financial and Performance No provision. The Secretary is to conduct (a) audits No provision. Accountability and reviews of costs of the national awareness campaign pursuant to H.R. 5524 would have Section 304C of the Federal Property added a new subsection and Administrative Services Act of 361(d) 1949 (41 U.S.C. 254d); and (b) an audit to determine whether the costs of the national awareness campaign are allowable under Section 306 of that act (41 U.S.C. 256). Report to Congress No provision relating to a The Secretary is to include in the No provision. report on a national awareness report to Congress (as currently Would have added a new campaign. However, current required under law) -- a summary of Section 361(e) law (Sec. 382(a)) requires the the national awareness campaign that Secretary to submit a report to describes (a) the activities undertaken Congress biennially on the by the campaign; (b) steps to ensure status, activities, and that the campaign operates in an accomplishments of entities effective and efficient manner that receive grants under consistent with the overall strategy and RHYA.a focus of the campaign; and (c) each grant entered into with a corporation, partnership, or individual working on the campaign. CRS-24 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 10. Definitions Definition of "Homeless "Homeless youth" is defined as Amends the first clause of the current (Sec. 10) Youth" (for the Basic an individual who is not more definition to include an individual who Same as H.R. 5524. Center Program only) than 18 years old; for whom it is less than 18 years old, or an older is not possible to live in a safe maximum age if the BCP center is Amends Sec. 387(3) environment with a relative; located in a state or locality with a law (42 U.S.C. 5732a) and who has no other safe or regulation that permits a higher alternative living arrangement. maximum age, in compliance with licensure requirements for child and youth serving facilities. Definition of "Homeless "Homeless youth" is defined as Amends the first clause of the current (Sec. 10) Youth" (for the an individual between the ages definition to include an individual Same as H.R. 5524. Transitional Living of 16 and 21; for whom it is not between the ages of 16 and 22 or an Program only) possible to live in a safe age exceeding 22 years old upon environment with a relative; exiting the TLP project (as permitted Amends Sec. 387(3) and who has no other safe under Sec. 322(a))b so long as the (42 U.S.C. 5732a) alternative living arrangement. participant entered the TLP project prior to reaching age 22. Definition of "Runaway "Runaway youth" is defined as a No provision. (Sec. 10) Youth" (for the person under age 18 who absents Same as regulation, except that Transitional Living himself or herself from home or the individual absents himself Program only) place of legal residence without the or herself from home or place permission of his or her family. of legal residence without the Amends Sec. 387(3) permission of a parent or legal (42 U.S.C. 5732a) guardian. CRS-25 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 11. Authorization of Appropriations RHYA (other than select $105 million for FY2004 and $150 million for FY2009 and "such (Sec. 11) parts) "such sums as may be sums as may be necessary" for each of $140 million for FY2009 and necessary" for FY2005 through FY2010 through FY2013, except for "such sums as may be Amends Sec. 388(a) FY2008, except for Part E Part E (Street Outreach Program) and necessary" for each of FY2010 (42 U.S.C. 5751(a)) (Street Outreach Program). proposed Part F (National Homeless through FY2013, except for Youth Awareness Campaign). Part E (Street Outreach Program and Sec. 345 under Part D (Periodic Estimate Assessment). Part E (Street Outreach "Such sums as may be $30 million for FY2009 and "such (Sec. 11) Program) necessary" for FY2004 through sums as may be necessary" for each of $25 million for FY2009 and FY2008. FY2010 through FY2013. "such sums as may be Amends Section 388(a) necessary" for each of FY2010 (42 U.S.C. 5751(a)) through FY2013. Part F (National Homeless No provision. $3 million for each of FY2009 No provision. Youth Awareness through FY2013. Campaign) H.R. 5524 would have redesignated Part F from General Provisions to the National Homeless Youth Awareness Campaign Part C (National In each fiscal year, after No provision. (Sec. 11) Communications System) reserving the amounts required Conforming amendment to and Part D (Coordinating, for Parts A and B (BCP and exclude Sec. 345 from Training, Research, and TLP, respectively), the receiving funding that is Other Activities) Secretary shall use the allocated for Part C or Part D. remaining amount (if any) to Sec. 388(a) carry out Parts C and D. (42 U.S.C. 5751 (a)) CRS-26 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Sec. 345 (Periodic No provision. "Such sums as may be necessary" for (Sec. 11) Estimate Assessment) each of FY2009 through FY2013. Same as H.R. 5524, with minor differences in the text. Sec. 388(a) (42 U.S.C. 5751(a)) Sec. 12. Performance Standards H.R. 5524 would have added a new Sec. 390; S. 2982/P.L. 110-378 adds a new Sec. 386A under Part F (General Provisions) Establishment of No provision. Not later than one year after this (Sec. 8) Performance Standards section becomes effective, the Same as H.R. 5524, with a few Secretary is to issue rules that specify minor, non-substantive Adds a new subsection performance standards for public and differences in the text. 386A(a) non-profit entities that receive BCP, TLP, and SOP grants. Implementation of No provision. The Secretary shall integrate the (Sec. 8) Performance Standards performance standards into the Same as H.R. 5524,with a few grantmaking, monitoring, and minor, non-substantive Adds a new subsection evaluations processes for the BCP, differences in the text. 386A(c) TLP, and SOP. Consultation No provision. In developing performance standards, (Sec. 8) the Secretary shall consult with Same as H.R. 5524, with a few Adds a new subsection representatives of public and nonprofit minor, non-substantive 386A(b) private entities that receive grants differences in the text. under RHYA, including statewide and regional nonprofit organizations (including combinations of such organizations), and national nonprofit organizations concerned with youth homelessness. CRS-27 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) Public Comment No provision. Before issuing rules to establish No provision. performance standards, the Secretary H.R. 5524 would have is to provide an opportunity for public added a new subsection comment concerning the standards and 390(d) maintain an official record of such comment. Sec. 13. GAO Study and Report H.R. 5524 and S. 2982 do not specify the section of RHYA in which this language would be inserted Study No provision. The Government Accountability (Sec. 11) Office (GAO) is to conduct a study, Same as H.R. 5524, with a few and make findings and minor, non-substantive recommendations, relating to the differences in the text. process for awarding grants under Parts A, B, and E of RHYA, including (a) the Secretary's written responses to (and any other methods for communicating with) applicants that do not receive a grant under Part A, B, or E, to determine if the information in the response is conveyed clearly; (b) the structure of the grant application and associated documents (including announcements that grants are available under such parts), to determine if these materials are structured so that the applicant has a clear understanding of what is required in each provision to successfully complete the application, including a clear explanation of terminology required to be used by the applicant; (c) the peer review process (if any) used to review the grants (including the selection of peer CRS-28 Bill Provision and Amendments Made by Previous Law S. 2982/P.L. 110-378 S. 2982/ P.L. 110-378 to (as it existed prior to the Current Regulation H.R. 5524 (as signed by the President RHYA (and U.S. Code) enactment of S. 2982/ (where applicable) (as passed by the House June 9, 2008) on October 8, 2008) (The section numbers P.L. 110-378) refer to H.R. 5524) reviewers) and the oversight of the peer review process by HHS employees, as well as to the extent to which these employees make funding determinations based on the comments and scores of the peer reviewers; (d) the typical time frame and process used by HHS employees, including employee responsibilities, for responding to applicants and the efforts made by HHS staff to communicate with applicants when funding decisions are delayed or not appropriated before the beginning of the current fiscal year; and (e) the plans for, and implementation of, where applicable, RHYA-authorized technical assistance and training programs (authorized under Sec. 342),c and the effect of such programs on the grant application process. Report No provision. GAO is to prepare and submit a report (Sec. 11) to Congress on its findings and Same as H.R. 5524. recommendations no later than a year after the bill is enacted. Source: Table prepared by the Congressional Research Service. a. Section 382(a) pertains to the biennial report to Congress on the status, activities, and accomplishments of entities that receive grants under Parts A, B, C, D, and E of RHYA. b. Section 322(a) pertains to eligibility for grants under the Transitional Living Program. As amended by S. 2982/P.L. 110-378, youth may remain in the program for a continuous period of 635 days (approximately 21 months) under "exceptional circumstances," or circumstances in which a youth would benefit to an unusual extent from additional time in the program. c. Section 342 pertains to grants for technical assistance and training made to statewide and regional nonprofit organizations (and combinations of such organizations) to provide assistance to entities eligible to carry out programs, projects, and activities under RHYA. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34483