Remarks of U.S. Rep. Judy Biggert on H.R. 7221, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2008

Remarks of U.S. Representative Judy Biggert (R-IL-13)
H.R. 7221, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2008
As Prepared for Delivery
October 2, 2008

Mr. Speaker, as an original cosponsor of this bill, I rise today in support of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2008 or HEARTH Act. I also would like to thank Congressman Geoff Davis of Kentucky and, if she were with us today, I would thank the late Congresswoman Julia Carson, for introducing the original House-version of this bill, H.R. 840. In addition, I would like to thank Chairman Frank, Subcommittee Chairwoman Waters, and Ranking Members Bachus and Capito for working together with Congressman Davis and me to give homeless children a fighting chance in this country.

Mr. Speaker, for inclusion in the congressional record, I would like to submit these additional views authored by Congressman Davis, Congresswoman Capito, and me. These views were filed as part of our Committee report to accompany H.R. 840, but they apply to this bill, H.R. 7221, as well. In addition, I would like to submit a New York Times article from September 16, 2008 titled “Capitol Strives to Define ‘Homeless’.”

Before I discuss this bill, I would like to note that McKinney-Vento is not a new issue to me. Back when I served in the Illinois legislature, I worked with a wonderful colleague, Mary Lou Cowlishaw, on her bill to educate homeless children in Illinois. Then, during my first years in Congress, I introduced H.R. 623, the McKinney-Vento Homeless Education Act of 2001, to bring some of those same reforms to the rest of the nation.

And not unlike the bill we are considering today, it included language on the definition of homeless children, which was eventually incorporated into a small education bill -- No Child Left Behind. So, as you might expect, the portions of today’s debate that carry the most interest for me relate to the housing needs of homeless children.

Mr. Speaker, homelessness among children has become more and more pervasive as we face increasing economic challenges. A study conducted by First Focus and the Brookings Institute determined that 2 million children will be unfairly affected by the foreclosure crisis. Many of these children will become homeless. But without this compromise bill, HUD’s very narrow definition of “homeless” will prevent many of these children from qualifying for housing assistance or services.

It’s hard to believe that anyone would argue the issue of “who is homeless” when it comes to homeless children, but believe it or not, that -- for the past 15 years --has been the crux of the debate on this bill. As it stands today, HUD’s definition includes those individuals on the street or in a shelter, but it excludes hundreds of thousands of children in involuntary and unstable shared living arrangements, such as those living temporarily in motels or hotels or “couch surfing” from house to house.

Mr. Speaker, there is no question these children are homeless. When you hear them describe their lives, you can’t help but understand why local homeless providers desperately want the flexibility to offer them services.

Let me read a few statements from former homeless youth who today would still be denied access to support from HUD.

The first from California – “Out of everything I’ve been through, the scariest feeling is not knowing whether or not I’m going to have a home next year, next month, tomorrow. Although I’ve never ended up on the streets, I have had to compromise my better judgment and ‘gut feeling’ to have a home for the night.”

Here’s another from Kentucky- “I have lived in many homes and shelters. Just in this past year, I have lived in twelve different homes. I have lived with classmates, teachers, friends, and strangers. Anybody who would accept me was better than the street... I have always dreamed of being free. I want the freedom to know where I am going to sleep, the freedom to know where my belongings are, and the freedom to know that I won’t be asked to leave in the morning or the end of the week.”

Mr. Speaker, its because of stories like these that, last fall, we began work with Members of the Financial Services Committee, staff, and government and non-government organizations representing various homeless constituencies to craft a new definition that includes homeless unaccompanied youth, children, and their families. These are families that are already considered homeless by all other federal programs but not recognized by HUD as homeless and, therefore, do not qualify for aid. I’m pleased to report that the legislation we are considering today contains a compromise definition that will allow many more homeless unaccompanied youth, children, and their families to access HUD services.

There are still some things to work out with this bill, which is why I support a two-year reauthorization of the program. During that time, we can work toward fixing provisions in this bill that don’t seem to line up. For example, there is a provision that explicitly excludes from HUD’s official count of the U.S. homeless population all the homeless children and their families that fall under the bill’s new definition. That doesn’t make much sense.

In addition, the bill directs HUD to issue new regulations relating to the newly defined homeless children and families. I had hoped that this provision would include a negotiated rulemaking process so that all of the stakeholders involved could reach a consensus before a new rule is proposed. However, HUD is not required to do so and could dismiss one side -- the children’s side -- during the rulemaking process. It is my hope that our Committee will continue to review this matter.

Finally, the bill sets funding restrictions on homeless children and families. It sets a ten percent cap on the funds that local homeless providers can use to serve these newly included populations. Were a local homeless provider to reach the limit, they would be forced to arbitrarily turn away homeless children and families. Clearly, this is an issue worth revisiting.

Mr. Speaker, despite these flaws, the legislation before us today will allow HUD to far more effectively complement the efforts of educators, service providers, and people like my friend and constituent, Diane Nilan of Naperville, Illinois.

Diane has worked tirelessly for 20 years to provide a “home” for homeless children and families across the country. She has seen firsthand the mental, physical, and emotional degradation that children and families experience with homelessness. In her testimony before the Financial Services Committee last October, she said: “Homeless service providers in communities of all sizes await the day that HUD provides the opportunity for people in all homeless situations to receive the assistance they need. They long to be free to focus on easing homelessness as it appears in their communities – on the street, doubled-up, or in motels -- instead of having their hands tied with arbitrary rules and restrictions. They desire federal resources to supplement local efforts to house and assist the growing number of families, teens and adults without a place to call home.”

In addition, I would like thank Carol Simler, Executive Director of DuPage PADS, and all of my constituents in Illinois who help the homeless.

Mr. Speaker, this Congress has supported increased housing availability and affordability for many low-income individuals, families facing foreclosure, and disaster victims. I ask Members to continue that trend and at least allow homeless children to qualify for safe and stable housing by voting for H.R. 7221.