Emergency Family Stabilization Act

II 116TH CONGRESS 2D SESSION S. 3923 To provide emergency relief to youth, children, and families experiencing homelessness, in light of the health and economic consequences of COVID–19. IN THE SENATE OF THE UNITED STATES JUNE 9, 2020 Ms. MURKOWSKI (for herself, Mr. MANCHIN, and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide emergency relief to youth, children, and families experiencing homelessness, in light of the health and economic consequences of COVID–19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Family 4 Stabilization Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) CURRENT ACF GRANT OR SUBGRANT RE- 8 CIPIENT.—The term ‘‘current ACF grant or sub- 9 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3923 IS grant recipient’’ means an Indian Tribe, Tribal or- 1 ganization, local educational agency, or a local pub- 2 lic, private, or Indian nonprofit agency or organiza- 3 tion (including culturally specific community-based 4 and faith-based organizations) that, as of the date of 5 application for a grant under section 3, is also re- 6 ceiving another grant or subgrant administered by 7 the Administration for Children and Families. 8 (2) DIRECTOR.—The term ‘‘Director’’ means 9 the Director of the Office of Community Services of 10 the Department of Health and Human Services. 11 (3) DIRECT SERVICES.— 12 (A) IN GENERAL.—Except as provided in 13 subparagraph (B), the term ‘‘direct services’’ 14 does not include providing referrals or oper- 15 ating a coordinated entry system or homeless 16 management information system, by itself. 17 (B) INDIAN TRIBES OR TRIBAL ORGANIZA- 18 TIONS.—An Indian Tribe or Tribal organization 19 that provides referrals or assists other service 20 providers with direct services shall be consid- 21 ered as providing direct services for purposes of 22 this Act. 23 (4) FAMILY STABILIZATION AGENCY.—The 24 term ‘‘family stabilization agency’’ means— 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3923 IS (A) a current ACF grant or subgrant re- 1 cipient; 2 (B) an Indian Tribe or Tribal organiza- 3 tion; 4 (C) an urban Indian organization; 5 (D) a local educational agency; or 6 (E) a local public, private, or Indian non- 7 profit agency or organization (including com- 8 munity-based and faith-based organizations), 9 with expertise and demonstrated experience 10 providing direct services to one or more of the 11 following populations: 12 (i) Children experiencing homeless- 13 ness, including children under age 6. 14 (ii) Unaccompanied homeless youth 15 under the age of 18. 16 (iii) Unaccompanied homeless youth 17 between the ages of 18 and 25. 18 (iv) Pregnant women, and pregnant or 19 parenting youth, experiencing homeless- 20 ness. 21 (v) Families experiencing homeless- 22 ness. 23 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3923 IS (vi) Survivors of dating violence, do- 1 mestic violence, family violence, or traf- 2 ficking. 3 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 4 means an Indian tribe, as defined in section 4 of the 5 Indian Self-Determination and Education Assistance 6 Act (25 U.S.C. 5304). 7 (6) LOCAL EDUCATIONAL AGENCY.—The term 8 ‘‘local educational agency’’ has the meaning given 9 the term in section 8101 of the Elementary and Sec- 10 ondary Education Act of 1965 (20 U.S.C. 7801). 11 (7) RURAL.—The term ‘‘rural’’ means a unit of 12 local government with a population of less than 13 50,000. 14 (8) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Health and Human Services. 16 (9) TRIBAL ORGANIZATION.—The term ‘‘Tribal 17 organization’’ means a tribal organization, as de- 18 fined in section 4 of the Indian Self-Determination 19 and Education Assistance Act (25 U.S.C. 5304). 20 (10) URBAN INDIAN ORGANIZATION.—The term 21 ‘‘urban Indian organization’’ has the meaning given 22 the term ‘‘Urban Indian organization’’ in section 4 23 of the Indian Health Care Improvement Act (25 24 U.S.C. 1603). 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3923 IS (11) YOUTH, CHILD, OR FAMILY EXPERIENCING 1 HOMELESSNESS.—The term ‘‘youth, child, or family 2 experiencing homelessness’’ means— 3 (A) a homeless child or youth, as defined 4 in section 725(2) of the McKinney-Vento 5 Homeless Assistance Act (42 U.S.C. 6 11434a(2)), who is under the age of 25; 7 (B) an unaccompanied youth, as defined in 8 section 725(6) of the McKinney-Vento Home- 9 less Assistance Act (42 U.S.C. 11434a(6)), who 10 is under the age of 25; or 11 (C) a household of not less than 2 people 12 that includes not less than 1 person under age 13 22 who is a homeless child or youth, as defined 14 in section 725(2) of the McKinney-Vento 15 Homeless Assistance Act (42 U.S.C. 16 11434a(2)). 17 SEC. 3. GRANTS TO FAMILY STABILIZATION AGENCIES. 18 (a) GRANT PROGRAM AUTHORIZED.— 19 (1) IN GENERAL.—From amounts made avail- 20 able under section 4 and not reserved under sub- 21 section (b), the Secretary, acting through the Direc- 22 tor, shall, on a competitive basis in accordance with 23 subsection (d), award grants to family stabilization 24 agencies (including current ACF grant or subgrant 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3923 IS recipients and entities that have not previously re- 1 ceived grants from the Administration for Children 2 and Families) to enable the family stabilization 3 agencies to carry out the activities described in sub- 4 section (e). 5 (2) DISTRIBUTION TIMING.— 6 (A) CURRENT ACF GRANT OR SUBGRANT 7 RECIPIENTS.—The Secretary shall award grants 8 under this section, in accordance with sub- 9 section (d), to family stabilization agencies that 10 are current ACF grant or subgrant recipients 11 by not later than the date that is 45 days after 12 the date of enactment of this Act. 13 (B) ADDITIONAL GRANTEES.—The Sec- 14 retary shall award grants under this section, in 15 accordance with subsection (d), to family sta- 16 bilization agencies that are not current ACF 17 grant or subgrant recipients by not later than 18 the date that is 130 days after the date of en- 19 actment of this Act. 20 (3) DISSEMINATION OF APPLICATIONS.—The 21 Secretary shall— 22 (A) ensure the application for grants under 23 this Act is broadly disseminated, including 24 through public posting on the website of the 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3923 IS Administration for Children and Families and 1 sharing with current ACF grant or subgrant re- 2 cipients; and 3 (B) make special dissemination efforts to 4 rural areas and among Indian Tribes and Trib- 5 al organizations. 6 (b) RESERVATION.—The Secretary shall reserve not 7 less than 1 percent and not more than 1.5 percent of the 8 amount appropriated under this Act to be used for admin- 9 istration, oversight, and technical assistance activities 10 through the Administration for Children and Families. 11 (c) APPLICATION.—A family stabilization agency that 12 desires to receive a grant under this Act shall submit an 13 application to the Secretary at such time, in such manner, 14 and containing or accompanied by such information as the 15 Secretary may reasonably require. Such application shall 16 include the following: 17 (1) A description of the housing, education, 18 health, mental and behavioral health, employment, 19 and other needs of youth, children, and families ex- 20 periencing homelessness, in the area served by such 21 agency, specifically including youth, children, and 22 families who are sharing the housing of other per- 23 sons due to loss of housing, economic hardship, or 24 a similar reason. 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3923 IS (2) Available data on the extent of youth, child, 1 and family homelessness in the area served by such 2 agency, including data available from local edu- 3 cational agencies and data on child poverty in the 4 area. 5 (3) A description of barriers youth, children, 6 and families experiencing homelessness face in ac- 7 cessing services, including barriers related to dating 8 violence, domestic violence, family violence, poverty, 9 lack of employment, lack of transportation, lack of 10 telephone and internet connectivity, educational 11 needs, and language accessibility. 12 (4) A description of such agency’s direct service 13 expertise and experience with youth, child, or family 14 homelessness, specifically including youth, children, 15 and families who are sharing the housing of other 16 persons due to loss of housing, economic hardship, 17 or a similar reason. 18 (5) A description of the area served by such 19 agency, including whether the service area is urban, 20 suburban, rural, or Tribal. If the applicant claims to 21 cover a Tribal service area but is not an Indian 22 Tribe or Tribal organization, the applicant shall pro- 23 vide evidence of having consulted with the Indian 24 Tribe or Tribal organization whose service area the 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3923 IS applicant claims to cover and provide proof that the 1 Indian Tribe or Tribal organization supports the ap- 2 plicant’s application. 3 (6) A description of such agency’s existing part- 4 nerships with other agencies or organizations with 5 experience serving youth, children, and families ex- 6 periencing homelessness. 7 (7) A description of how funds received under 8 the grant will be used to provide emergency relief to 9 youth, children, and families experiencing homeless- 10 ness, specifically including— 11 (A) youth, children, and families who are 12 sharing the housing of other persons due to loss 13 of housing, economic hardship, or a similar rea- 14 son; and 15 (B) youth, children, and families experi- 16 encing homelessness who are not receiving serv- 17 ices through the Continuum of Care program 18 under subpart C of title IV of the McKinney- 19 Vento Homeless Assistance Act (42 U.S.C. 20 11381 et seq.) as of the date of the application. 21 (d) AWARD BASIS.— 22 (1) IN GENERAL.—The Secretary shall award 23 grants under this section on the basis of— 24 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3923 IS (A) the need in the area served by each ap- 1 plicant; 2 (B) the quality of each application; and 3 (C) the distribution and priority require- 4 ments under paragraphs (4) and (5). 5 (2) NEED.—In determining need under para- 6 graph (1)(A), the Secretary shall consider— 7 (A) the extent of children, youth, and fam- 8 ilies experiencing homelessness in the area 9 served by the family stabilization agency, in- 10 cluding data available from local educational 11 agencies and data on child poverty; 12 (B) the extent to which the proposed uses 13 of funds will provide emergency relief to meet 14 unmet needs of youth, children, and families ex- 15 periencing homelessness, specifically including 16 youth, children, and families who are sharing 17 the housing of other persons due to loss of 18 housing, economic hardship, or a similar rea- 19 son; 20 (C) the extent to which the proposed uses 21 of funds will provide emergency relief to youth, 22 children, and families experiencing homeless- 23 ness who are not currently receiving services 24 through the Continuum of Care program under 25 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3923 IS subpart C of title IV of the McKinney-Vento 1 Homeless Assistance Act (42 U.S.C. 11381 et 2 seq.); and 3 (D) the extent to which the application ad- 4 dresses the particular needs of pregnant 5 women, pregnant and parenting youth, Indian 6 women, children under age 6, children with dis- 7 abilities, families experiencing domestic vio- 8 lence, survivors of sexual assault or human traf- 9 ficking, or historically marginalized and under- 10 served communities of color. 11 (3) QUALITY.—In determining quality under 12 paragraph (1)(B), the Secretary shall consider, for 13 both current ACF grant or subgrant recipients and 14 not current ACF grant or subgrant recipients, the 15 following: 16 (A) The family stabilization agency’s needs 17 assessment under subsection (c)(1) and the 18 likelihood that the program presented in the ap- 19 plication will meet such needs. 20 (B) The types, intensity, and coordination 21 of the emergency relief to be provided under the 22 program to youth, children, and families experi- 23 encing homelessness. 24 VerDate Sep 11 2014 03:57 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3923.IS S3923 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3923 IS (C) The extent of the family stabilization 1 agency’s demonstrated expertise and experience 2 providing direct services to youth, children, and 3 families experiencing homelessness who are 4 sharing the housing of other persons due to loss 5 of housing, economic hardship, or a similar rea- 6 son. 7 (D) The robustness of such agency’s plan 8 to reach youth, children, and families experi- 9 encing homelessness who are sharing the hous- 10 ing of other persons due to loss of housing, eco- 11 nomic hardship, or a similar reason, including 12 those who have lost a caregiver or family mem- 13 ber to COVID–19. 14 (E) The extent of such agency’s dem- 15 onstrated expertise and experience in providing 16 direct services to youth, children, and families 17 experiencing homelessness specifically. 18 (F) The extent to which the program pre- 19 sented in the application represents a multi- 20 generational approach to supporting youth, chil- 21 dren, and families experiencing homelessness. 22 (G) The extent to which the application re [Text truncated for display. 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