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101 STAT. 469

bered 12564 and applicable provisions of law (including 3 CFR, 1986 applicable provisions of this section); Comp., p. 224. (ii) the Department of Health and Human Services, in addition to the scientific and technical guidelines dated • February 13, 1987, and any subsequent amendments f• h? thereto, has, in accordance with paragraph (3), published mandatory guidelines which— J (I) establish comprehensive standards for all aspects of laboratory drug testing and laboratory procedures to be applied in carrying out Executive Order Numbered 12564, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of drug tests and strict procedures governing the chain of custody of specimens collected for drug testing; ,. (II) specify the drugs for which Federal employees may be tested; and (III) establish appropriate standards and procedures i.,,,^1^^, for periodic review of laboratories and criteria for certification and revocation of certification of laboratories ,,•,^J to perform drug testing in carrying out Executive Order Numbered 12564; and (iii) all agency drug-testing programs and plans estab* lished pursuant to Executive Order Numbered 12564 comply with applicable provisions of law, including applicable provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), title 5 of the United States Code, and the mandatory guidelines under clause (ii); (B) the Secretary of Health and Human Services has submitted to the Congress, in writing, a detailed, agency-by-agency .,> analysis relating to— (i) the criteria and procedures to be applied in designating employees or positions for drug testing, including the justification for such criteria and procedures; (ii) the position titles designated for random drug testing; and (iii) the nature, frequency, and type of drug testing proposed to be instituted; and (C) the Director of the Office of Management and Budget has submitted in writing to the Committees on Appropriations of the House of Representatives and the Senate a detailed, agencyby-agency analysis (as of the time of certification under subparagraph (A)) of the anticipated annual costs associated with carrying out Executive Order Numbered 12564 and all other requirements under this section during the 5-year period beginning on the date of the enactment of this Act. (2) Notwithstanding subsection (g), for purposes of this subsection, the term "agency" means— (A) the Executive Office of the President; (B) an Executive department under section 101 of title 5, United States Code; (C) the Environmental Protection Agency; (D) the General Services Administration; (E) the National Aeronautics and Space Administration; (F) the Office of Personnel Management; (G) the Small Business Administration; (H) the United States Information Agency; and

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PUBLIC LAW 100-71—JULY 11, 1987

(I) the Veterans' Administration; except that such term does not include the Department of Transportation or any other entity (or component thereof) covered by subsection (b). Federal (3) Notwithstanding any provision of chapter 5 of title 5, United ^^bl^*T' States Code, the mandatory guidelines to be published pursuant to t\ji^500^et seq. subsection (a)(l)(A)(ii) shall be published and made effective exclusively according to the provisions of this paragraph. Notice of the mandatory guidelines proposed by the Secretary of Health and Human Services shall be published in the Federal Register, and interested persons shall be given not less than 60 days to submit written comments on the proposed mandatory guidelines. Following review and consideration of written comments, final mandatory guidelines shall be published in the Federal Register and shall become effective upon publication. (b)(1) Nothing in subsection (a) shall limit or otherwise affect the availability of funds for drug testing by— (A) the Department of Transportation; (B) Department of Energy, for employees specifically involved in the handling of nuclear weapons or nuclear materials; (C) any agency with an agency-wide drug-testing program in existence as of September 15, 1986; or (D) any component of an agency if such component had a drug-testing program in existence as of September 15, 1986. (2) The Departments of Transportation and Energy and any agency or component thereof with a drug-testing program in existence as of September 15, 1986— (A) shall be brought into full compliance with Executive 3 CFR, 1986 Order Numbered 12564 no later than the end of the 6-month Comp., p. 224. period beginning on the date of the enactment of this Act; and (B) shall take such actions as may be necessary to ensure that their respective drug-testing programs or plans are brought into full compliance with the mandatory guidelines published under subsection (a)(l)(A)(ii) no later than 90 days after such mandatory guidelines take effect, except that any judicial challenge that affects such guidelines should not affect drug-testing programs or plans subject to this paragraph. (c) In the case of an agency (or component thereof) other than an agency as defined by subsection (a)(2) or an agency (or component thereof) covered by subsection (b), none of the funds appropriated or made available by this Act, or any other Act, with respect to any fiscal year, shall be available to administer or implement any drug testing pursuant to Executive Order Numbered 12564, or any subsequent order, unless and until— (1) the Secretary of Health and Human Services provides ,.;•• written certification with respect to that agency (or component) in accordance with clauses (i) and (iii) of subsection (a)(1)(A); (2) the Secretary of Health and Human Services has submit«] ted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(B); and (3) the Director of the Office of Management and Budget has submitted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(C). (d) Any Federal employee who is the subject of a drug test under any program or plan shall, upon written request, have access to— (1) any records relating to such employee's drug test; and

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101 STAT. 471

(2) any records relating to the results of any relevant certification, review, or revocation-of-certification proceedings, as referred to in subsection (a)(l)(A)(ii)(III). (e) The results of a drug test of a Federal employee may not be Classified disclosed without the prior written consent of such employee, unless information. the disclosure would be— (1) to the employee's medical review official (as defined in the scientific and technical guidelines referred to in subsection -^ (a)(l)(A)(ii)); (2) to the administrator of any Employee Assistance Program in which the employee is receiving counseling or treatment or is otherwise participating; (3) to any supervisory or management official within the employee's agency having authority to take the adverse personnel action against such employee; or (4) pursuant to the order of a court of competent jurisdiction where required by the United States Government to defend against any challenge against any adverse personnel action. (f) Each agency covered by Executive Order Numbered 12564 shall Reports. submit to the Committees on Appropriations of the House of Rep- 3 CFR, 1986 resentatives and the Senate, and other appropriate committees of Comp., p. 224. the Congress, an annual report relating to drug-testing activities conducted by such agency pursuant to such executive order. Each such annual report shall be submitted at the time of the President's budget submission to the Congress under section 1105(a) of title 31, United States Code. (g) For purposes of this section, the terms "agency" and "Employee Assistance Program" each has the meaning given such term under section 7(b) of Executive Order Numbered 12564, as in effect on September 15, 1986. SEC. 504. None of the funds appropriated by this Act may be obligated for the centralization, consolidation, or redeployment of the Customs Service Air Operations unless the Secretary of the Treasury submits a report to the Committees on Appropriations which sets forth specific details for the use of such funds thirty days in advance of such implementation. SEC. 505. None of the funds appropriated or made available by this Maritime or any other Act or otherwise appropriated or made available to the affairs. Secretary of Transportation or the Maritime Administrator for purposes of administering the Merchant Marine Act, 1936, as amended (46 U.S.C. 1101 et seq.), shall be used by the United States Department of Transportation or the United States Maritime Administration to propose, promulgate, or implement any rule or regulation, or, with regard to vessels which repaid subsidy pursuant to the rule promulgated by the Secretary May 3, 1985 and vacated by Order of the U.S. Court of Appeals for the D.C. Circuit January 16, 1987, conduct any adjudicatory or other regulatory proceeding, execute or perform any contract, or participate in any judicial action with respect to the repayment of construction differential subsidy for the permanent release of vessels from the restrictions in section 506 of the Merchant Marine Act, 1936, as amended: Provided, That such funds may be used to the extent such 46 USC 1156 expenditure relates to a rule which conforms to statutory standards hereafter enacted by Congress. SEC. 506. Notwithstanding any other provision of this Act, appropriations made by title I of this Act for the following account shall be as follows:

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 101 STAT. 472

100 Stat. 1783-56, 3341-56. Arms and munitions.

22 USC 2767a. Energy. Washington.

5 USC 8401 note.

Angola.

PUBLIC LAW 100-71—JULY 11, 1987

Immigration and Naturalization Service, Salaries and Expenses, $137,216,000. SEC. 507. Section 208(a) of the Department of Justice Appropriations Act, 1987 (Public Law 99-500 and Public Law 99-591) is hereby repealed. SEC. 508. None of the funds provided in this or any other Act may be made available to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than: (1) countries which are members of NATO, or (2) countries which have been designated as a major nonNATO ally for purposes of section 1105 of the National Defense Authorization Act for Fiscal Year 1987. SEC. 509. None of the funds made available by this or any other Act may be used for the purpose of restarting the N-Reactor at the Hanford Reservation, Washington during fiscal year 1987. For the purposes of this paragraph the term "restarting" shall mean any activity related to the operation of the N-Reactor that would achieve criticality, generate fission products within the reactor or discharge cooling water from nuclear operations: Provided, That this provision does not require a change in the current fuel status of the reactor. SEC. 510. None of the funds appropriated by this or any other Act shall be available for the purpose of relocating the headquarters of the Peace Corps to office space outside of the District of Columbia. SEC. 511. None of the funds appropriated or otherwise made available in title III of this Act may be used for purposes other than for Federal Employees Retirement System costs authorized by or pursuant to the Federal Employees Retirement System Act of 1986 (Public Law 99-335). Notwithstanding any other provision of this Act, any funds provided in title III of this Act not utilized by September 30, 1987, for agency contributions prescribed by the Federal Employees Retirement System Act of 1986 (Public Law 99-335) shall lapse. SEC. 512. (a) The Congress finds that— (1) the people of Angola have suffered under colonial domination for centuries; (2) the Portuguese promise of independence and free elections for Angola embodied in the Alvor Accord of 1975 was nullified when the Marxist Popular Movement for the Liberation of Angola (hereafter in this resolution referred to as the "MPLA") illegally and militarily seized power with the support of Soviet and Cuban troops; (3) the Marxist regime in Angola has continually denied the most basic human rights to the people of Angola since 1975 culminating in one of the worst human rights records reported by the Department of State, as described in the report entitled "Country Reports on Human Rights Practices for 1986"; (4) the Marxist regime in Angola has allowed the country of Angola to become a Soviet base for aggression and subversion in southern Africa, including the expansion of a Soviet naval port, the presence of 35,000 Cuban troops, and the influx of $4,000,000,000 in Soviet weaponry; (5) the naval port facilities in Angola pose serious potential threats to United States naval interests in the Atlantic and around the Cape of Good Hope; ^;"

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101 STAT. 473

(6) the Soviets and Cubans have engaged in the most blatant foreign intervention in post-colonial history of Africa, and the MPLA is hostage to these foreign forces as evidenced by the fact that the MPLA had the worst anti-United States voting record > in the United Nations last year; (7) the MPLA government of Angola in 1986 obtained 90 percent of its foreign exchange from the extraction and production of oil with the assistance of American companies; r (8) most Angola's oil is extracted in Cabinda Province, where 65 percent of it is extracted by an American oil company; (9) United States business interests are in direct conflict with overall United States foreign policy and national security objectives in aiding the MPLA government; (10) the United States currently refuses to recognize the Marxist government of the MPLA; (11) representatives of the Government of Portugal's three main political parties have recently visited the liberated territory and will soon announce a commission to promote national reconciliation in Angola; ''Vc (12) the United States has an obligation to encourage peace, freedom, and democracy and to condemn tyranny where it may exist; and (13) the growing intensity of war, the mounting suffering of the Angolan people, the growing presence of communist forces in Angola, and the failure of the MPLA to respond to diplomatic initiatives gives new urgency to efforts to reach a peaceful settlement. (b) It is the sense of the Congress that the United States, so long as Soviet and Cuban military forces occupy Angola, should encourage peace and national reconciliation in Angola through a negotiated settlement to the eleven-year military conflict and stress the holding of free and fair elections as outlined in the 1975 Alvor Agreement through— (1) continued multilateral initiatives designed to support Soviet and Cuban withdrawal and a negotiated peaceful settlement acceptable to the people of Angola; and (2) consistent efforts by the President and the Secretary of State to convey to the Soviet leadership that continued military build-up and presence in Angola directly hinders future positive relationships with the American people and the United States Congress. (c) The Congress hereby requests the President to use his special authorities under the Export Administration Act to block United States business transactions which conflict with United States security interests in Angola. (d) It is further the sense of the Congress that the Secretary of State should— (1) review the United States policy with respect to the United States refusal to recognize the Marxist MPLA government, the o, abysmal human rights record of the MPLA government (as V, reported by the Department of State), and the worst 1985 voting record supporting United States interests in the United Nations; and (2) prepare and transmit to the Congress a report containing Reports. the findings of the review required by paragraph (1), together 1 with a determination as to whether it is in the United States

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 101 STAT. 474

Medicare.

5 USC 5701 et

President of U.S. Reports.

Schools and colleges. District of Columbia.

PUBLIC LAW 100-71—JULY 11, 1987

interest to continue under the current trade and business policy with respect to Angola. SEC. 513. None of the funds made available by this or any other Act for fiscal year 1987 for Health Care Financing Administration Program Management activities shall be used to promulgate or enforce any rule, regulation, instruction, or other policy having the effect of establishing a mandatory holding of Medicare claims processing or payments. SEC. 514. It is the sense of the Congress that no funds provided under this Act may be used for the payment of severance pay to any employee of the International Bank for Reconstruction and Development (World Bank). SEC. 515. (a) In addition to amounts appropriated in this Act, there are appropriated to the Centers for Disease Control for "Disease control, research, and training", $27,000,000. (b)(1) In the cases of all appropriations accounts from which expenses for travel, transportation, and subsistence (including per diem allowances) are paid under chapter 57 of title 5, United States Code, there are hereby prohibited to be obligated under such accounts in fiscal year 1987 a uniform percentage of such amounts, as determined by the President in accordance with the provisions of paragraph (2), as, but for this subsection, would— (A) be available for obligation in such accounts as of June 1, 1987, (B) be planned to be obligated for such expenses after such date during fiscal year 1987, and (C) result in total outlays of $18 million in fiscal year 1987. (2) Before making determinations under paragraph (1), the President shall obtain from the Director of the Office of Management and Budget and the Comptroller General of the United States recommendations for determinations with respect to (A) the identification of the accounts affected, (B) the amount in each such account available as of such date for obligation, (C) the amounts planned to be obligated for such expenses after such date in fiscal year 1987, and (D) the uniform percentage by which such amounts need to be reduced in order to comply with paragraph (1). (c) Within 30 days after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report specifying the determinations of the President under subsection (b). (d) Sections 1341(a) and 1517 of title 31, United States Code, apply to each account for which a determination is made by the President under subsection (b). SEC. 516. The matter under the heading "Public Education System" in title I of the District of Columbia Appropriations Act, 1987 (Public Law 99-591; 100 Stat. 3341-184) is amended by striking out "Provided further, That of the amount made available to the University of the District of Columbia, $1,146,000 shall be used solely for the operation of the Antioch School of Law: Provided further, That acquisition or merger of the Antioch School of Law shall have been previously approved by both the Board of Trustees of the University of the District of Columbia and the Council of the District of Columbia, and that the Council shall have issued its approval by resolution: Provided further. That if the Council of the District of Columbia or the Board of Trustees of the University of the District of Columbia fails to approve the acquisition or merger of the Antioch School of Law, the $1,146,000 shall be used solely for the repayment of the general fund deficit." and inserting in lieu thereof

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101 STAT. 475

"Provided further. That $1,146,000 shall be used solely for the operation of the District of Columbia School of Law and which shall remain available until expended: Provided further, That acquisition or merger of the Antioch School of Law shall have been previously approved by the Council of the District of Columbia: Provided further, That the interim Board of Governors of the District of Reports. Columbia School of Law shall report, by October 1, 1987 to the Mayor of the District of Columbia, the Council of the District of Columbia, and the Appropriations Committees of the Senate and House of Representatives on the anticipated operating and capital expenses of the District of Columbia School of Law as created by District of Columbia Law 6-177, for the next five years: Provided further, That the aforementioned report shall also include a statement from the American Bar Association on the current status of the accreditation proposal for the District of Columbia School of Law, as created by District of Columbia Law 6-177, as amended: Provided further. That if the Council of the District of Columbia fails to approve the acquisition or merger of the Antioch School of Law, the $1,146,000 shall be used solely for the repayment of the general fund deficit.". SEC. 517. It is the sense of the Congress that the Commodity Credit Corporation in implementing regulations to establish the percentage share or metric tonnage of commodities under subparagraph (B) of section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C. 1241f(c)(2)(B)) should respect the intent as well as the letter of the agreement entered into by and between the representatives of Great Lakes ports and Gulf ports, and that so far as practicable. Great Lakes ports be accorded the full proportion of tonnage contemplated thereby. SEC. 518. On or before August 31, 1987, the President, pursuant to President of U.S. his existing power under section 212(a)(6) of the Immigration and Diseases. Nationality Act, shall add human immunodeficiency virus infection 8 USC 1182. to the list of dangerous contagious diseases contained in title 42 of the Code of Federal Regulations. SEC. 519. (a) Subtitle C of title XVII of the Food Security Act of 1985 (7 U.S.C. 5001 et seq.) is amended— (1) by striking out "National Agricultural Policy Commission 7 USC 5001 note. Act of 1985" each place it appears in the subtitle heading and section 1721 (7 U.S.C. 5001) and inserting in lieu thereof "National Commission on Agriculture and Rural Development Policy Act of 1985"; and (2) by striking out "National Commission on Agricultural Policy" each place it appears in sections 1722(1) and 1723(a) (7 U.S.C. 5001(1) and 5002(a)) and inserting in lieu thereof "National Commission on Agriculture and Rural Development Policy". (b) Notwithstanding section 501(e) of the Farm Credit Amendments Act of 1985 (12 U.S.C. 2001 note), there is authorized and appropriated— (1) for the National Commission on Agricultural Finance established under such section, $100,000, to remain available until expended; and

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 101 STAT. 476

PUBLIC LAW 100-71—JULY 11, 1987

(2) for the National Commission on Agriculture and Rural Development established under section 1723 of the Food Security Act of 1985 (7 U.S.C. 5002), $100,000, to remain available until expended. This Act may be cited as the "Supplemental Appropriations Act, 1987". Approved July 11, 1987.

' ''-.

'". '

LEGISLATIVE HISTORY—H.R. 1827: HOUSE REPORTS: No. 100-28 (Comm. on Appropriations) and No. 100-195 (Comm. of Conference). SENATE REPORTS: No. 100-48 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 23, considered and passed House. '•'••J May 7, 8, 12, 20, 21, 27-29, June 2, considered and passed Senate, amended. •! June 30, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. July 1, Senate agreed to conference report; concurred in certain House amendments; receded and concurred in another. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): July 11, Presidential statement.

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 PUBLIC LAW 100-72—JULY 11, 1987 Public Law 100-72 100th Congress

101 STAT. 477

> j An Act

To amend the Small Business Act and the Small Business Investment Act of 1958.

—

oig^i— [H.R. 21DDJ

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 20 of the Small Business Act is hereby amended as follows: 15 USC 631 note. (a) by striking from paragraph (4) of subsection (y) "$1,142,000,000" and by inserting in lieu thereof "$1,250,000,000"; (b) by striking from subsection (z) "$409,000,000" and inserting in lieu thereof "$393,000,000"; and (c) by inserting after "1958;" in subsection (z) the following: "$16,000,000 shall be available to carry out the provisions of sections 404 and 405 of the Small Business Investment Act of 1958;". 15 USC 694-1, SEC. 2. Section 504 of the Small Business Investment Act of 1958 is ^rV^jr' CQT amended as follows: (a) by striking "and" at the end of subsection (a)(1); (b) by striking "$295,000,000." and by inserting in lieu thereof ' "$425,000,000; and"; and (c) by adding the following new paragraph at the end of ' subsection (a): "(3) of the program levels otherwise authorized by law for fiscal year 1988, an amount not to exceed $425,000,000.". Approved July 11, 1987.

LEGISLATIVE HISTORY—H.R. 2166: HOUSE REPORTS: No. 100-94 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 133 (1987): May 27, considered and passed House. June 25, considered and passed Senate.

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 101 STAT. 478

PUBLIC LAW 100-73—JULY 15, 1987

Public Law 100-73 100th Congress

- " Joint Resolution

July 15 1987 ro T p ' 1Q01 Lb.J. Res. 138]

"^^ designate the period commencing on July 13, 1987, and ending on July 26, 1987, as "U.S. Olympic Festival-'87 Celebration", and to designate July 17, 1987, as "U.S. Olympic Festival-'87 Day".

.. !>;::>

' Whereas thousands of American athletes participate annually in the Olympic movement all over the world; Whereas United States Olympic Festival competitions enable each American athlete to promote amateur athletics, refine athletic skills in Olympic-type competitions, and generate camaraderie among potential Olympic athletes; Whereas the past eight years have marked monumental strides in the development of the Olympic Festival movement; Whereas the International Olympic Games are held every four •;; years and are the culmination of athletic skill and prowess after J,. countless hours of work and preparation; Whereas U.S. Olympic Festival-'87 will take place beginning July 13, 1987, and ending on July 26, 1987, in Raleigh, Durham, Chapel-Hill, Gary, and Greensboro, North Carolina, and will host 4,000 athletes, trainers and coaches, 7,000 volunteers, and over 300,000 spectators; Whereas U.S. Olympic Festival-'87 is the premier event of the United States Olympic Committee; and Whereas American athletes will compete in over 34 sports in a display of skill and unity which signifies American unity and exemplifies the spirit of the Olympic movement: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the period commencing on July 13, 1987, and ending on July 26, 1987, is designated as "U.S. Olympic Festival-'87 Celebration", and July 17, 1987, is designated as "U.S. Olympic Festival-'87 Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such period and day with appropriate programs, ceremonies, and activities. Approved July 15, 1987.

LEGISLATIVE HISTORY—S.J. Res. 138: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. July 9, considered and passed House.

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 PUBLIC LAW 100-74—JULY 17, 1987 Public Law 100-74 100th Congress

,

101 STAT. 479

M An Act

To designate the Federal Building and United States Courthouse at 316 North Robert Street, St. Paul, Minnesota, as the "Warren E. Burger Federal Building and United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF BUILDING.

The Federal Building and United States Courthouse located at 316 North Robert Street, St. Paul, Minnesota, shall be known and designated as the "Warren E. Burger Federal Building and United States Courthouse". SEC. 2. LEGAL REFERENCES.

Each reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Warren E. Burger Federal Building and United States Courthouse". Approved July 17, 1987.

.-S"f!'f

LEGISLATIVE HISTORY—H.R. 436 (S. 1337): HOUSE REPORTS: No. 100-129 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 15, considered and passed House. July 1, considered and passed Senate.

j i -,rj j^ggrr ' C^-^- ^^^^

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 101 STAT. 480

PUBLIC LAW 100-75—JULY 20, 1987

Public Law 100-75 100th Congress

, ^

-

Joint Resolution Jul 20 1987 —^ [S.J. Res. 85]

'^° designate the period commencing on August 2, 1987, and ending on August 8, 1987, as "International Special Olympics Week", and to designate August 3, 1987, g^ "International Special Olympics Day".

Whereas nearly one million mentally handicapped individuals participate annually in Special Olympics events all over the world; Whereeis Special Olympics competition enables each athlete to form a healthy self-image with which to build a positive working environment for the home and job; Whereas the past two decades have marked monumental milestones in the care, training, and skills of Special Olympians; Whereas the International Summer Special Olympic Games, held every four years, are the culmination of 20,000 communities competing in Special Olympics around the world; Whereas the 1987 VII International Summer Special Olympic Games from July 31, to August 8, in South Bend, Indiana, will host 6,000 athletes, 15,000 volunteers, and thousands of guests from 65 countries and the United States and its territories and possessions; Whereas these International Games will be the largest worldwide amateur sporting event of 1987; and Whereas both mentally handicapped children and adults will compete in over 13 official and demonstration sports in a true display of unity which signifies the spirit of the International Summer Special Olympic Games: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing on August 2, 1987, and ending on August 8, 1987, is designated as "International Special Olympics Week", and August 3, 1987, is designated as "International Special Olympics Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such period and day with appropriate programs, ceremonies, and activities. Approved July 20, 1987.

LEGISLATIVE HISTORY—S.J. Res. 85: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and passed Senate. July 9, considered and passed House.

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 PUBLIC LAW 100-76—JULY 21, 1987

101 STAT. 481

Public Law 100-76 100th Congress Joint Resolution J

To designate the week beginning July 16, 1987, as "Snow White Week".

Whereas a classic film "Snow White and the Seven Dwarfs" was released 50 years ago; Whereas "Snow White and the Seven Dwarfs" marked a milestone in motion picture history as the first full-length animated feature film; Whereas the art of animation reached exciting new heights with "Snow White and the Seven Dwarfs"; Whereas "Snow White and the Seven Dwarfs" was the first original soundtrack recording ever released; Whereas "Snow White and the Seven Dwarfs" set a new standard for the integration of musical numbers with action scenes in a movie musical; Whereas "Snow White and the Seven Dwarfs" won a special Academy Award as a "significant screen innovation which has charmed millions and pioneered a great new entertainment field for the motion picture cartoon": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning July 16, 1987, is designated as "Snow White Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to celebrate the week with appropriate ceremonies and activities. Approved July 21, 1987.

LEGISLATIVE HISTORY—H.J. Res. 122 (S.J. Res. 140):

.(•>•

CONGRESSIONAL RECORD, Vol. 133 (1987): " '^ Mar. 24, considered and passed House. July 15, considered and passed Senate, amended. House concurred in Senate amendments.

July 21, 1987 [H.J. Res. 122]

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 101 STAT. 482

PUBLIC LAW 100-77—JULY 22, 1987

Public Law 100-77 100th Congress

jl.':

An Act July 22, 1987 [H.R. 558]

Stewart B. McKinney Homeless Assistance Act. Disadvantaged persons. 42 USC 11301 note.

To provide urgently needed assistance to protect and improve the lives and safety of the homeless, with special emphasis on elderly persons, handicapped persons, and families with children.

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

TITLE I—GENERAL PROVISIONS SECTION 101. SHORT TITLE AND TABLE OF CONTENTS. (a) SHORT TITLE.—This Act

may

be

cited as the "Stewart B.

McKinney Homeless Assistance Act". (b) TABLE O F CONTENTS.— Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105.

TITLE I—GENERAL PROVISIONS Short title and table of contents. Findings and purpose. General definition of homeless individual. ' Funding availability and limitations. . '• \:• Audits by Comptroller General.

201. 202. 203. 204. 205. 206. 207. 208. 209.

TITLE II—INTERAGENCY COUNCIL ON THE HOMELESS Establishment. Membership. Functions. •,. Director and staff. Powers. ' Transfer of functions. Definitions. ^< Authorization of appropriations. Termination.

.

•.' '

TITLE III—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER PROGRAM Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305.

Subtitle A—Administrative Provisions Emergency Food and Shelter Program National Board. Local boards. Role of Federal Emergency Management Agency. Records and audit of National Board and recipients of assistance. Annual report.

311. 312. 313. 314. 315. 316.

Subtitle B—Emergency Food and Shelter Grants Grants by the Director. Retention of interest earned. Purposes of grants. Limitation on certain costs. Disbursement of funds. Program guidelines. Subtitle C—General Provisions

Sec. 321. Definitions. Sec. 322. Authorization of appropriations.

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101 STAT. 483

TITLE IV—HOUSING ASSISTANCE Subtitle A—Comprehensive Homeless Assistance Plan Sec. 401. Requirement for comprehensive homeless assistance plan. 411. 412. 413. 414. 415. 416. 417.

Subtitle B—Emergency Shelter Grants Program Definitions. Grant assistance. Allocation and distribution of assistance. Eligible activities. Responsibilities of recipients. Administrative provisions. Authorization of appropriations.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

421. 422. 423. 424. 425. 426. 427. 428.

Subtitle C—Supportive Housing Demonstration Program Establishment of demonstration program. Definitions. Types of assistance. Program requirements. Matching funds requirements. Guidelines. Report to Congress. Authorization of appropriations.

Sec. Sec. Sec. Sec.

Subtitle D—Supplemental Assistance for Facilities To Assist the Homeless 431. Definitions. 432. Supplemental assistance. 433. Regulations. 434. Authorization of appropriations.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle E—Miscellaneous Provisions Sec. 441. Section 8 assistance for single room occupancy dwellings. Sec. 442. Community development block grant amendment. TITLE V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY Sec. 501. Use of underutilized public buildings and property for facilities to assist the homeless. Sec. 502. Making surplus personal property available to nonprofit agencies. TITLE VI—HEALTH CARE FOR THE HOMELESS Subtitle A—Primary Health Services and Substance Abuse Services Sec. 601. Establishment of grant program. Sec. 602. Provision of health services to the homeless by national health service corps. Sec. 603. Requirement of certain study with respect to homelessness. Subtitle B—Community Mental Health Services Sec. 611. Establishment of block grant program for services to homeless individuals who are chronically mentally ill. Sec. 612. Community mental health services demonstration projects for homeless individuals who are chronically mentally ill. Sec. 613. Community demonstration projects for alcohol and drug abuse treatment of homeless individuals. TITLE VII—EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS Subtitle A—Adult Education for che Homeless Sec. 701. Amendment to Adult Education Act. Sec. 702. Statewide literacy initiatives. Sec. 721. Sec. 722. Sec. 723. Sec. 724. Sec. 725.

Subtitle B—Education for Homeless Children and Youth Statement of policy. Grants for State activities for the education of homeless children and youth. Exemplary grants and dissemination of information activities authorized. National responsibilities. Definitions.

91-194 O - 90 - 17: QL.3 Part 1

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 101 STAT. 484 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

PUBLIC LAW 100-77—JULY 22, 1987 Subtitle C—Job Training for the Homeless 731. Demonstration program authorized. 732. State coordination with demonstration grant recipients. ., ,733. Application. ' ' - ' " *"^ 734. Authorized activities. 735. Payments; Federal share; limitation. 736. Evaluation. ,,>^,.k.'>.„j2 . 737. Definitions. 738. Homeless veterans' reintegration projects. 739. Authorization of appropriations; availability of funds. 740. Amendments to the Job Training Partnership Act. 741. Termination. Subtitle D—Emergency Community Services Homeless Grant Program 751. Establishment of program. 752. Allocation of grants. ,-:< ' ice >fio / n ^ h:v.':.;<'-'idfL!-'' - >'xr. 753. Program requirements. 754. Authorization of appropriations.

Subtitle E—Miscellaneous Provisions Sec. 761. Study of youth homelessness.

^

Sec. 762. Set-asides for Native Americans.

"

TITLE VIII—FOOD ASSISTANCE FOR THE HOMELESS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle A—Food Stamp Program • 801. Definition of homeless individual. -. ..,» 802. Definition of household. 803. Annual adjustment of income eligibility standards. . 804. Annual adjustments to the standard deduction. 805. Ineligibility for earned income deduction. 806. Excess shelter expense. , •/,;. 807. Third party payments for certain housing.

',. 1 ^••<', ^ 808. Food stamp information for the homeless. 809. Expedited food stamp service. • i-' •'•.''-• ' "'\ Subtitle B—Temporary Emergency Food Assistance Program (TEFAP) 811. Variety of commodities under TEFAP. 812. Distribution of surplus flour, cornmeal, and cheese. 813. Authorization of appropriations for food storage and distribution costs under TEFAP., ., ,„ 814. Continuation of TEFAP. . TITLE IX—VETERANS'PROVISIONS
 * . r» j \ ii.J^^^.^C

Sec. 901. Extension of Veterans'Job Training Act. 42 USC 11301.

SEC. 102. FINDINGS AND PURPOSE.

'^

^ " ^^'^ ^

(a) FINDINGS.—The Congress finds that— (1) the Nation faces an immediate and unprecedented crisis ga *, due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, itimi families with children, Native Americans, and veterans; (2) the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless; (3) the causes of homelessness are many and complex, and homeless individuals have diverse needs; (4) there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, bar. g^jjj ^j^g different needs of homeless individuals; j.„. (5) due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless

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 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 485

and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and (6) the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role c to meet the basic human needs and to engender respect for the human dignity of the homeless, (b) PURPOSE.—It is the purpose of this Act— (1) to establish an Interagency Council on the Homeless; (2) to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and (3) to provide funds for programs to sissist the homeless, with special emphasis on elderly persons, handicapped persons, families with children. Native Americans, and veterans. SEC. 103. GENERAL DEFINITION OF HOMELESS INDIVIDUAL.

. (fj

, * | r -%pf<th.

42 USC 11302.

(a) IN GENERAL.—For purposes of this Act, the term "homeless" or "homeless individual" includes— (1) an individual who lacks a fixed, regular, and adequate nighttime residence; and (2) an individual who has a primary nighttime residence that is— ^ (A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations •J,\ (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); (B) an institution that provides a temporary residence for ^ individuals intended to be institutionalized; or (C) a public or private place not designed for, or ordi,,,|, „ narily used as, a regular sleeping accommodation for human beings. (b) INCOME ELIGIBILITY.—A homeless individual shall be eligible for assistance under any program provided by this Act, or by the amendments made by this Act, only if the individual complies with the income eligibility requirements otherwise applicable to such program. (c) EXCLUSION.—For purposes of this Act, the term "homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law. SEC. 104. FUNDING AVAILABILITY AND LIMITATIONS.

42 USC 11303.

(a) CALCULATION.—The amounts authorized in this Act shall be in addition to any amount appropriated for the programs involved before the date of the enactment of this Act. (b) AVAILABILITY UNTIL EXPENDED.—Any amount appropriated

under an authorization in this Act shall remain available until expended. (c) LIMITATION.—Appropriations pursuant to the authorizations in this Act shall be made in accordance with the provisions of the Congressional Budget and Impoundment Control Act of 1974, which prohibits the consideration of any bill that would cause the deficit to exceed the levels established by the Balanced Budget and Emergency Deficit Control Act of 1985, such that it shall not increase the deficit of the Federal Government for fiscal year 1987.

2 USC 621 note, 2 USC 901 note,

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 101 STAT. 486 Reports. 42 USC 11304.

PUBLIC LAW 100-77—JULY 22, 1987

SEC. 105. AUDITS BY COMPTROLLER GENERAL. The Comptroller General of the United States shall evaluate the disbursement and use of the amounts made available by appropriation Acts under the authorizations in titles III and IV, and submit a report to the Congress setting forth the findings of such evaluation, upon the expiration of the 4-month and 12-month periods beginning on the date of the enactment of this Act.

TITLE II—INTERAGENCY COUNCIL ON THE HOMELESS 42 USC 11311.

SEC. 201. ESTABLISHMENT.

^

There is established in the executive branch an independent establishment to be known as the Interagency Council on the Homeless. 42 USC 11312.

iter.

SEC. 202. MEMBERSHIP.

(a) MEMBERS.—The Council shall be composed of the following members: (1) The Secretary of Agriculture, or the designee of the Secretary. (2) The Secretary of Commerce, or the designee of the Secretary. (3) The Secretary of Defense, or the designee of the Secretary. (4) The Secretary of Education, or the designee of the ,,yf Secretary. (5) The Secretary of Energy, or the designee of the Secretary. (6) The Secretary of Health and Human Services, or the designee of the Secretary. (7) The Secretary of Housing and Urban Development, or the designee of the Secretary. (8) The Secretary of the Interior, or the designee of the Secretary. (9) The Secretary of Labor, or the designee of the Secretary. (10) The Secretary of Transportation, or the designee of the ? Secretary. (11) The Director of the ACTION Agency, or the designee of the Director. (12) The Director of the Federal Emergency Management Agency, or the designee of the Director. (13) The Administrator of General Services, or the designee of the Administrator. (14) The Postmaster General of the United States, or the designee of the Postmaster General. (15) The Administrator of Veterans' Affairs, or the designee of the Administrator. (16) The heads of such other Federal agencies as the Council considers appropriate, or their designees. (b) CHAIRPERSON.—The Council shall elect a Chairperson and a Vice Chairperson from among its members. (c) MEETINGS.—The Council shall meet at the call of its Chairperson or a majority of its members. The first meeting of the Council shall be held not later than 30 days after the date of the enactment of this Act. . ..-„ ..._.

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101 STAT. 487

(d) PROHIBITION OF ADDITIONAL PAY.—Members of the Council

shall receive no additional pay, allowances, or benefits by reason of their service on the Council. SEC. 203. FUNCTIONS.

(a) DUTIES.—The Council shall— (1) review all Federal activities and programs to assist homeless individuals; (2) take such actions as may be necessary to reduce duplication among programs and activities by Federal agencies to assist homeless individuals; (3) monitor, evaluate, and recommend improvements in programs and activities to assist homeless individuals conducted by Federal agencies. State and local governments, and private voluntary organizations; (4) provide professional and technical assistance, through personnel employed by the Council in each of the 10 standard Federal regions, to States, local governments, and other public and private nonprofit organizations, in order to enable such governments and organizations to— (A) effectively coordinate and maximize resources of existing programs and activities to assist homeless individuals; and (B) develop new and innovative programs and activities to assist homeless individuals; (5) collect and disseminate information relating to homeless individuals; and (6) prepare the annual reports required in subsection (c)(2). (b) AUTHORITY.—In carrying out subsection (a), the Council may— (1) arrange Federal, regional. State, and local conferences for the purpose of developing and coordinating effective programs and activities to assist homeless individuals; and (2) publish a newsletter concerning Federal, State, and local programs that are effectively meeting the needs of homeless individuals. (c) REPORTS.—

(1) Within 90 days after the date of the enactment of this Act, and annually thereafter, the head of each Federal agency that is a member of the Council shall prepare and transmit to the Congress and the Council a report that describes— (A) each program to assist homeless individuals administered by such agency and the number of homeless individuals served by such program; (B) impediments, including any statutory and regulatory restrictions, to the use by homeless individuals of each such program and to obtaining services or benefits under each such program; and (C) efforts made by such agency to increase the opportunities for homeless individuals to obtain shelter, food, and supportive services. (2) The Council shall prepare and transmit to the President and the Congress an annual report that— (A) assesses the nature and extent of the problems relat"'"[ ing to homelessness and the needs of homeless individuals; (B) provides a comprehensive and detailed description of the activities and accomplishments of the Federal Govern-

42 USC 11313.

State and local governments.

State and local governments.

Public information.

Reports.

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 101 STAT. 488

State and local governments.

42 USC 11314.

Wages. n

PUBLIC LAW 100-77—JULY 22, 1987

?,,,.^jf ment in resolving the problems and meeting the needs •'r^'to^r assessed pursuant to subparagraph (A); " (C) describes the accomplishments and activities of the Council, in working with Federal, State, and local agencies and public and private organizations in order to provide assistance to homeless individuals; vAfxT..,' (D) assesses the level of Federal assistance necessary to adequately resolve the problems and meet the needs asp;.;;. sessed pursuant to subparagraph (A); and •.p.',y. (E) specifies any recommendations of the Council for appropriate and necessary legislative and administrative actions to resolve such problems and meet such needs, (d) NOTIFICATION OF OTHER FEDERAL AGENCIES.—If, in monitoring and evaluating programs and activities to assist homeless individuals conducted by other Federal agencies, the Council determines that any significant problem, abuse, or deficiency exists in the administration of the program or activity of any Federal agency, the Council shall submit a notice of the determination of the Council to the Inspector General of the Federal agency (or the head of the Federal agency, in the case of a Federal agency that has no Inspector General). SEC. 204. DIRECTOR AND STAFF.

Iff

(a) DIRECTOR.—The Council shall appoint an Executive Director, who shall be compensated at a rate not to exceed the rate of basic . '.. / pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Council shall appoint an Executive Director at the first meeting of the Council held under section 202(c). (b) ADDITIONAL PERSONNEL.—With the approval of the Council,

the Executive Director of the Council may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Council. (c) DETAILS FROM OTHER AGENCIES.—Upon request of the Council,

the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this title. Upon request of the Council, the Secretary of Health and Human Services shall detail, on a reimbursable basis, any of the personnel of the Department of Health and Human Services who have served the Federal Task Force on the Homeless of the Department to assist the Council in carrying out its duties under this title. (d) ADMINISTRATIVE SUPPORT,—The Secretary of Housing and

Urban Development shall provide the Council with such administrative and support services as are necessary to ensure that the Council carries out its functions under this title in an efficient and expeditious manner. (e) EXPERTS AND CONSULTANTS.—With the approved of the Council,

the Executive Director of the Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. 42 USC 11315.

SEC. 205. POWERS.

^*

(a) MEETINGS.—For the purpose of carrying out this title, the Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate.

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101 STAT. 489

(b) DELEGATION.—Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this title. (c) INFORMATION.—The Council may secure directly from any Federal agency such information as may be necessary to enable the Council to carry out this title. Upon request of the Chairperson of the Council, the head of such agency shall furnish such information to the Council. (d) DONATIONS.—The Council may accept, use, and dispose of gifts or donations of services or property. (e) MAILS.—The Council may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 206. TRANSFER OF FUNCTIONS.

Gifts and property.

42 USC 11316.

(a) TRANSFERS FROM H H S TASK FORCE.—The Council shall be the successor to the Federal Task Force on the Homeless of the Department of Health and Human Services. The property, records, and undistributed program funds of the Task Force shall be transferred to the Council. (b) TERMINATION OF HHS TASK FORCE.—The Secretary of Health

and Human Services shall terminate the Federal Task Force on the Homeless of the Department of Health and Human Services as soon as practicable following the first meeting of the Council. SEC. 207. DEFINITIONS.

42 USC 11317.

For purposes of this title: (1) The term "Council" means the Interagency Council on the Homeless established in section 201. (2) The term "Federal agency" has the meaning given the term "agency" in section 551(1) of title 5, United States Code. SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

42 USC 11318.

There are authorized to be appropriated to carry out this title $200,000 for fiscal year 1987 and $2,500,000 for fiscal year 1988. SEC. 209. TERMINATION.

42 USC 11319.

The Council shall cease to exist, and the requirements of this title shall terminate, upon the expiration of the 3-year period beginning on the date of the enactment of this Act.

TITLE III—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER PROGRAM Subtitle A—Administrative Provisions SEC. 301. EMERGENCY FOOD AND SHELTER PROGRAM NATIONAL BOARD.

(a) ESTABLISHMENT.—There is established to carry out the provisions of this title the Emergency Food and Shelter Program National Board. The Director of the Federal Emergency Management Agency shall constitute the National Board in accordance with subsection (b) in administering the program under this title. (b) MEMBERS.—The National Board shall consist of the Director and 6 members appointed by the Director. The initial members of

42 USC 11331.

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 101 STAT. 490

.^,^'f}'

PUBLIC LAW 100-77—JULY 22, 1987

the National Board shall be appointed by the Director not later than 30 days after the date of the enactment of this Act. Each such member shall be appointed from among individuals nominated by 1 of the following organizations: (1) The United Way of America. (2) The Salvation Army. -*•" (3) The National C!ouncil of Churches of Christ in the U.S.A. (4) Catholic Charities U.S.A. -' (5)TheCouncilof Jewish Federations, Inc. (6) The American Red Cross. (c) CHAIRPERSON.—The Director shall be the Chairperson of the National Board. (d) OTHER ACTIVITIES.—Except as otherwise specifically provided

iJi^.' ^.; -

in this title, the National Board shall establish its own procedures and policies for the conduct of its affairs. (e) TRANSFERS FROM PREVIOUS NATIONAL BOARD.—Upon the

100 Stat. 1783-242, 3341-242.

State and local governments. 42 USC 11332.

42 USC 11333.

appointment of members to the National Board under subsection (b)— (1) the national board constituted under the emergency food and shelter program established pursuant to section 101(g) of Public Law 99-500 or Public Law 99-591 shall cease to exist; and (2) the personnel, property, records, and undistributed program funds of such national board shall be transferred to the National Board. SEC. 302. LOCAL BOARDS.

'^^

(a) ESTABLISHMENT.—Each locality designated by the National Board shall constitute a local board for the purpose of determining how program funds allotted to the locality will be distributed. The local board shall consist, to the extent practicable, of representatives of the same organizations as the National Board, except that the mayor or other appropriate heads of government will replace the Federal members. The chairperson of the local board shall be elected by a majority of the members of the local board. Local boards are encouraged to expand participation of other private nonprofit organizations on the local board. (b) RESPONSIBILITIES.—Each local board shall— (1) determine which private nonprofit organizations or public organizations of the local government in the individual locality shall receive grants to act as service providers; (2) monitor recipient service providers for program compliance; (3) reallocate funds among service providers; (4) ensure proper reporting; and (5) coordinate with other Federal, State, and local government assistance programs available in the locality. SEC. 303. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

(a) IN GENERAL.—The Director shall provide the National Board with administrative support and act as Federal liaison to the National Board, flj) SPECIFIC SUPPORT ACTIVITIES.—The Director shall— (1) make available to the National Board, upon request, the > services of the legal counsel and Inspector General of the ^.:^ Federal Emergency Management Agency;. .???*;- y,,

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101 STAT. 491

(2) assign clerical personnel to the National Board on a temporary basis; and (3) conduct audits of the National Board annually and at such other times as may be appropriate. SEC. 304. RECORDS AND AUDIT OF NATIONAL BOARD AND RECIPIENTS OF ASSISTANCE.

42 USC 11334.

(a) ANNUAL INDEPENDENT AUDIT OF NATIONAL BOARD.—

(1) The accounts of the National Board shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the National Board are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the National Board and necessary to facilitate the audits shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians shall be afforded to j; J, such person or persons. (2) The report of each such independent audit shall be in- Reports, eluded in the annual report required in section 305. Such report shall set forth the scope of the audit and include such statements as are necessary to present fairly the assets and liabilities of the National Board, surplus or deficit, with an analysis of the changes during the year, supplemented in reasonable detail by a statement of the income and expenses of the National Board during the year, and a statement of the application of funds, together with the opinion of the independent auditor of such statements. (b) ACCESS TO RECORDS OF RECIPIENTS OF ASSISTANCE.—

(1) Each recipient of assistance under this title shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) The National Board, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this title. (c) AUTHORITY OF COMPTROLLER GENERAL.—The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall also have access to any books, documents, papers, and records of the National Board and recipients for such purpose. SEC. 305. ANNUAL REPORT.

The National Board shall transmit to the Congress an annual report covering each year in which it conducts activities with funds made available under this title.

i,

42 USC 11335.

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 101 STAT. 492

PUBLIC LAW 100-77—JULY 22, 1987

Subtitle B—Emergency Food and Shelter imtEB 'y:iiGt2^ Grants State and local governments. 42 USC 11341.

42 USC 11342.

SEC. 311. GRANTS BY THE DIRECTOR.

_ ^

Not later than 30 days following the date on which appropriations become available to carry out this subtitle, the Director shall award a grant for the full amount that the Congress appropriates for the program under this subtitle to the National Board for the purpose of providing emergency food and shelter to needy individuals through private nonprofit organizations and local governments in accordance with section 313. SEC. 312. RETENTION OF INTEREST EARNED.

Interest accrued on the balance of any grant to the National Board shall be available to the National Board for reallocation, and total administrative costs shall be determined based on total amount of funds available, including interest and any private contributions that are made to the National Board. 42 USC 11343.

SEC. 313. PURPOSES OF GRANTS. ' (a) EuGiBLE ACTIVITIES.—Grants to the National Board may be used— (1) to supplement and expand ongoing efforts to provide shelj ter, food, and supportive services for homeless individuals with sensitivity to the transition from temporary shelter to perma,| nent homes, and attention to the special needs of homeless ^ individuals with mental and physical disabilities and illnesses, ^ and to facilitate access for homeless individuals to other sources ^ >, of services and benefits; (2) to strengthen efforts to create more effective and innovative local programs by providing funding for them; and ^ (3) to conduct minimum rehabilitation of existing mass shelter or mass feeding facilities, but only to the extent necessary to make facilities safe, sanitary, and bring them into compliance r, with local building codes. I,' (b) LIMITATIONS ON ACTIVITIES.—

g^

42 USC 11344.

42 USC 11345.

(1) The National Board may only provide funding provided under this subtitle for— (A) programs undertaken by private nonprofit organizations and local governments; and fj (B) programs that are consistent with the purposes of this 'title. 1 (2) The National Board may not carry out progreuns directly. SEC. 314. LIMITATION ON CERTAIN COSTS. Not more than 5 percent of the total amount appropriated for the emergency food and shelter program for each fiscal year may be expended for the costs of administration. ^ _^ SEC. 315. DISBURSEMENT OF FUNDS. r tfH Any amount made available by appropriation Acts under this title shall be disbursed by the National Board before the expiration of the 3-month period beginning on the date on which such amount becomes available. „^< • ^..^.„.:,,,,.,,«^,>«..i

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 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 493

SEC. 316. PROGRAM GUIDELINES. 42 USC 11346. (a) GuiDEUNES.—The National Board shall establish written guidelines for carrying out the program under this subtitle, including— (1) methods for identifying localities with the highest need for emergency food and shelter assistance; (2) methods for determining the amount and distribution to r;, K;.? such localities; (3) eligible program costs, including maximum flexibility in meeting currently existing needs; and v 7 (4) guidelines specifying the responsibilities and reporting requirements of the National Board, its recipients, and service providers. (b) PUBLICATioN.—Guidelines established under subsection (a) shall be published annually, and whenever modified, in the Federal Register. The National Board shall not be subject to the procedural rulemaking requirements of subchapter II of chapter 5 of title 5, United States Code. 5 USC 551.

Subtitle C—General Provisions SEC. 321. DEFINITIONS. For purposes of this title: (1) The term "Director" means the Director of the Federal Emergency Management Agency. (2) The term "emergency shelter" means a facility all or a part of which is used or designed to be used to provide temporary housing. (3) The term "local government" means a unit of general purpose local government. (4) The term "locality" means the geographical area within ^ the jurisdiction of a local government. J (5) The term "National Board" means the Emergency Food and Shelter Program National Board. f (6) The term "private nonprofit organization" means an organization— (A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; I (B) that has a voluntary board; (C) that has an accounting system, or has designated a j^ fiscal agent in accordance with requirements established by ^ the Director; and (D) that practices nondiscrimination in the provision of assistance. (7) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. SEC. 322. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $15,000,000 for fiscal year 1987 and $124,000,000 for fiscal year 1988.

X

42 USC 11351.

42 USC 11352.

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 101 STAT. 494

PUBLIC LAW 100-77—JULY 22, 1987

TITLE IV—HOUSING ASSISTANCE

•ihi..

Subtitle A—Comprehensive Homeless Assistance Plan 42 USC 11361.

SEC. 401. REQUIREMENT FOR COMPREHENSIVE HOMELESS ASSISTANCE PLAN.

State and local governments. Urban areas.

(a) PLAN REQUIRED.—Assistance authorized by this title may be provided to, or within the jurisdiction of, a State or a metropolitan city or urban county that is eligible to receive a grant under the emergency shelter grants program in an amount in excess of the minimum allocation requirement applicable under section 413(b) only if— (1) it submits to the Secretary of Housing and Urban Development (in this subtitle referred to as the "Secretary") a comprehensive homeless assistance plan (in this subtitle referred to as the "comprehensive plan"); and (2) the comprehensive plan is approved by or in accordance with procedures established by the Secretary; except that a private nonprofit organization may apply for and receive assistance under subtitle C or D without regard to such comprehensive plan approval if the applicable State comprehensive plan has been approved. (b) CONTENTS.—A comprehensive plan submitted under this section shall contain— (1) a statement describing the need for assistance under this title; (2) a brief inventory of facilities and services that assist the ' homeless population within that jurisdiction; (3) a strategy (A) to match the needs of the homeless population with available services within that jurisdiction, and (B) to recognize the special needs of the various types of homeless individuals, particularly families with children, the elderly, the mentally ill, and veterans; and (4) an explanation of how the Federal assistance provided under this title will complement and enhance the available services. (c) REVIEW.—

'^'

(1) Upon receipt of a comprehensive plan, the Secretary shall review the comprehensive plan. Not later than 30 days after receipt, the comprehensive plan shall be approved unless the Secretary determines that the comprehensive plan plainly does not satisfy the requirements of subsection (b), in which case the Secretary shall, not later than 15 days after the Secretary's determination, inform the State, county, or city of the reasons for disapproval as well as the steps that need to be taken to make the comprehensive plan acceptable. If the Secretary fails to inform the State, county, or city of the reasons for disapproval within such period, the comprehensive plan shall be deemed to have been approved. (2) The Secretary shall permit amendments to, or the resubmission of, any comprehensive plan that is disapproved. (d) PERFORMANCE REVIEWS.—

-

. v -.^ * « ». =...

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 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 495

(1) Each State, metropolitan city, and urban county described in subsection (a) shall review annually the progress it has made in carrying out its comprehensive plan. (2) Each State, metropolitan city, and urban county described Reports. in subsection (a) shall report annually to the Secretary the results of such review. The Secretary shall review the reports submitted under this paragraph and shall make such recommendations as may be appropriate, (3) Further assistance under this title shall not be made available to, or within the jurisdiction of, any State, metropolitan city, or urban county described in subsection (a) that fails to review and report progress as required by paragraphs (1) and (2). (e) PUBLICATION BY NOTICE.—Not later than 30 days after the date of enactment of this Act, the Secretary shall by notice establish such requirements as may be necessary to carry out this subtitle. (f) APPLICATIONS.—Any application for assistance under this title shall contain or be accompanied by a certification by the public official responsible for submitting a comprehensive plan for the jurisdiction to be served by the proposed activities that the proposed activities are consistent with the comprehensive plan.

Subtitle B—Emergency Shelter Grants Program SEC. 411. DEFINITIONS.

42 USC 11371.

For purposes of this subtitle: (1) The term "local government" means a unit of general purpose local government. (2) The term "locality" means the geographical area within the jurisdiction of a local government. (3) The term "metropolitan city" has the meaning given such term in section 102 of the Housing and Community Development Act of 1974. 42 USC 5302. (4) The term "operating costs" means expenses incurred by a recipient operating a facility assisted under this subtitle with respect to— (A) the administration, maintenance, repair, and security of such housing; and (B) utilities, fuels, furnishings, and equipment for such housing. (5) The term "private nonprofit organization" means a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation 100 Stat. 2095; 26 under subtitle A of such Code, has an accounting system and a use 501. voluntary board, and practices nondiscrimination in the provi- 26 USC 1. sion of assistance. (6) The term "recipient" means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility. (7) The term "Secretary" means the Secretary of Housing and Urban Development. (8) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana

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 101 STAT. 496

42 USC 5302.

PUBLIC LAW 100-77—JULY 22, 1987 Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (9) The term "urban county" has the meaning given such term in section 102 of the Housing and Community Development Act of 1974.

42 USC 11372.

SEC. 412. GRANT ASSISTANCE.

State and local governments.

The Secretary of Housing and Urban Development shall, to the extent of amounts approved in appropriation Acts under section 417, make grants to States and local governments (and to private nonprofit organizations providing assistance to homeless individuals, in the Case of grants made with reallocated amounts) in order to carry out activities described in section 414.

42 USC 11373. State and local governments. Urban areas.

SEC. 413. ALLOCATION AND DISTRIBUTION OF ASSISTANCE.

42 USC 5306.

J.ili 2i

(a) IN GENERAL.—The Secretary shall allocate assistance under this subtitle to metropolitan cities, urban counties, and States (for distribution to local governments in the States) in a manner that ensures that the percentage of the total amount available under this subtitle for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section 106 of the Housing and Community Development Act of 1974 for such prior fiscal year that is allocated to such State, metropolitan city, or urban county. (b) MINIMUM ALLOCATION REQUIREMENT.—If, under the allocation provisions applicable under this subtitle, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated to carry out this subtitle for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local governments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a). (c) DISTRIBUTIONS TO NONPROFIT ORGANIZATIONS.—Any local government receiving assistance under this subtitle may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals. (d) REALLOCATION OF FUNDS.—

(1) The Secretary shall, not less than twice during each fiscal year, reallocate any assistance provided under this subtitle that is unused or returned or that becomes available under subsection (b). (2) If a city or county eligible for a grant under subsection (a) i^ fails to obtain approval of its comprehensive plan during the 90day period following the date funds authorized by this subtitle first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if i>*' the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.

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101 STAT. 497

(3) If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by i this subtitle first become available for allocation during any fiscal year, the amount that the State would have received shall " ^ be reallocated to other States and to cities and counties that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary. (e) ALLOCATIONS TO TERRITORIES.—In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after the date of enactment of this Act) allocate assistance under this subtitle to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, in accordance with an allocation formula established by the Secretary. SEC. 414. ELIGIBLE ACTIVITIES.

(a) IN GENERAL.—Assistance provided under this subtitle may be used for the following activities relating to emergency shelter for homeless individuals: (1) The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters. ^ (2) The provision of essential services, including services con;. cerned with employment, health, drug abuse, or education, if— t (A) such services have not been provided by the local I government during any part of the immediately preceding 12-month period; and (B) not more than 15 percent of the amount of any assistance to a local government under this subtitle is used for activities under this paragraph. (3) Maintenance, operation (other than staff), insurance, utilities, and furnishings. (b) WAIVER AUTHORITY.—The Secretary may waive the 15 percent limitation on the use of assistance for essential services contained in subsection (a)(2)(B), if the local government receiving the assistance demonstrates that the other eligible activities under the program are already being carried out in the locality with other resources. SEC. 415. RESPONSIBILITIES OF RECIPIENTS.

Virgin Islands. Guam. American Samoa. Northern Mariana Islands. Trust Territory of the Pacific Islands. 42 USC 11374.

Public buildings and grounds. Employment and unemployment. Health and medical care. Drugs and drug abuse. Education.

42 USC 11375.

(a) MATCHING AMOUNTS.—

(1) Each recipient under this subtitle shall be required to supplement the assistance provided under this subtitle with an equal amount of funds from sources other than this subtitle. Each recipient shall certify to the Secretary its compliance with < this paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds. (2) In calculating the amount of supplemental funds provided by a recipient under this subtitle, a recipient may include the value of any donated material or building, the value of any lease on a building, any salary paid to staff to carry out the program of the recipient, and the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary. (b) ADMINISTRATION OF ASSISTANCE.—Each recipient shall act as the fiscal ^ e n t of the Secretary with respect to assistance provided to such recipient.

•n "jci'i s,i-

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 101 STAT. 498

Health and medical care.

42 USC 11376.

100 Stat. 1783-242, 3341-242.

42 USC 11377.

PUBLIC LAW 100-77—JULY 22, 1987

(c) CERTIFICATIONS ON USE OF ASSISTANCE.—Each recipient shall certify to the Secretary that— (1) it will maintain any building for which assistance is used under this subtitle as a shelter for homeless individuals for not less than a 3-year period or for not less than a 10-year period if such assistance is used for the major rehabilitation or conversion of such building; (2) any renovation carried out with assistance under this subtitle shall be sufficient to ensure that the building involved is safe and sanitary; and (3) it will assist homeless individuals in obtaining— (A) appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (B) other Federal, State, local, and private assistance available for such individuals. SEC. 416. ADMINISTRATIVE PROVISIONS.

(a) REGULATIONS.—Not later than 60 days after the date of enactment of this Act, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subtitle. Such requirements shall be subject to section 553 of title 5, United States Code. The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following the date of enactment of this Act. Prior to the issuance of such requirements in final form, the requirements established by the Secretary implementing the provisions of the emergency shelter grants program under the provisions made effective by section 101(g) of Public Law 99-500 or Public Law 99-591 shall govern the emergency shelter grants program under this subtitle. (b) INITIAL ALLOCATION OF ASSISTANCE.—Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this subtitle, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this subtitle. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a). SEC. 417. AUTHORIZATION OF APPROPRIATIONS.

In addition to other amounts authorized by law, there are authorized to be appropriated for the emergency shelter grants program $100,000,000 for fiscal year 1987 and $120,000,000 for fiscal year 1988.

Subtitle C—Supportive Housing Demonstration Program 42 USC 11381.

SEC. 421. ESTABLISHMENT OF DEMONSTRATION PROGRAM.

(a) IN GENERAL.—The Secretary of Housing and Urban Development shall carry out a program in accordance with the provisions of this subtitle to develop innovative approaches for providing supportive housing, especially to deinstitutionalized homeless individuals.

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101 STAT. 499

homeless families with children, and homeless individuals with mental disabilities and other handicapped homeless persons. (b) PURPOSES.—The demonstration program carried out under this suljtitle shall be designed to determine— (1) the cost of acquisition, rehabilitation, acquisition and rehabilitation, or leasing of existing structures for the provision of (2) the cost of operating such housing and providing support£. ive services to the residents of such housing; I (3) the social, financial, and other advantages of such housing as a means of assisting homeless individuals; and (4) the lessons that the provision of such housing might have for the design and implementation of housing programs that serve homeless individuals and families with special needs, particularly deinstitutionalized homeless individuals, homeless families with children, and homeless individuals with mental disabilities and other handicapped homeless persons. The Secretary shall administer the program under this subtitle and award assistance to applicants in a manner that clearly demonstrates that a central purpose and major funding priority of the program is to provide supportive housing for deinstitutionalized homeless individuals and other homeless individuals with mental disabilities. SEC. 422. DEFINITIONS.
 * supportive housing;

For purposes of this subtitle: (1) The term "applicant" means a State, metropolitan city, urban county, tribe, or private nonprofit organization that is eligible to be a recipient under this subtitle, except that, in the case of permanent housing for handicapped homeless persons, such term means the State in which the project is to be located. (2) The term "handicapped" means an individual who is handicapped within the meaning of section 202 of the Housing Act of 1959. (3) The term "handicapped homeless person" means a handicapped individual who is a homeless individual within the meaning of section 103, is at risk of becoming a homeless individual, or is a handicapped individual who has been a resident of transitional housing carried out pursuant to the provisions made effective by section 101(g) of Public Law 99-500 or Public Law 99-591. (4) The term "metropolitan city" has the meaning given such « term in section 102 of the Housing and Community Development Act of 1974. (5) The term "operating costs" means expenses incurred by a J recipient operating transitional housing under this subtitle with respect to— (A) the administration, maintenance, repair, and security .\ of such housing; f (B) utilities, fuel, furnishings, and equipment for such housing; (C) the conducting of the assessment required in section 9 424(c)(2); and (D) the provision of supportive services to the residents of 3 such housing. ¥ (6) The term "private nonprofit organization" means an organization—

42 USC 11382.

12 USC 1701q.

lOO Stat. 1783-242, 3341-242. 42 USC 5302.

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 101 STAT. 500

PUBLIC LAW 100-77—JULY 22, 1987 riirw

 * Ci. •^-il) ii

ply-r '.^y % £

^,
 *  structure that is acquired or rehabilitated with assistance provided under this subtitle. •s (8) The term "project sponsor" means a private nonprofit ^ organization that operates a project for permanent housing for handicapped homeless persons, and that is approved by the Governor or other chief executive official of a State as to ^ financial responsibility. (9) The term "recipient" means any governmental or non^' profit entity that is approved by the Secretary as to financial responsibility. ^ (10) The term "Secretary" means the Secretary of Housing and Urban Development. (11) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. ^ (12) The term "supportive housing" means a project assisted 2 under this subtitle that provides housing and supportive services for homeless individuals. Such housing shall be safe and . sanitary and when appropriate meet all applicable State and B local housing codes and licensing requirements in the jurisdicj tion in which the housing is located. All or part of the support* ive services may be provided directly by the recipient or by gj-j-ajigements with other public or private service providers. ^ The term includes the following: .; (A) Transitional housing, which means a project assisted under this subtitle that has as its purpose facilitating the movement of homeless individuals to independent living ijjji. within a reasonable amount of time, as determined by the Secretary. Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental disabilities, and homeless families with children. fc (B) Permanent housing for handicapped homeless per0 sons, which means a project assisted under this subtitle that provides community-based long-term housing and yJliii supportive services for not more than 8 handicapped homeless persons and that is carried out by a project sponsor. lriws Each project shall be either a home designed solely for housing handicapped persons or dwelling units in a multiemiy family housing project, condominium project, or cooperative project. Not more than 1 home may be located on any 1 site t:j:in and no such home may be located on a site contiguous to another site containing such a home. All projects shall be i;~ 3) integrated into the neighborhoods in which they are located. ..,.^,.

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101 STAT. 501

' '

(13) The term "supportive services" means assistance designed by the recipient that the Secretary determines (A) addresses the special needs of persons, such as deinstitutionalized homeless individuals, homeless families with children, and homeless individuals with mental disabilities and other handicapped homeless persons, intended to be served by a project; and (B) assists in accomplishing the purposes of the different types of supportive housing niade eligible under this subtitle. (14) The term "urban county" has the meaning given such "' term in section 102 of the Housing and Community Development Act of 1974. 42 USC 5302.

SEC. 423. TYPES OF ASSISTANCE.

42 USC 11383.

(a) IN GENERAL.—The Secretary may provide the following assistance to a project under this subtitle: (1) An advance, in an amount not to exceed $200,000, of the aggregate cost of acquisition, substantial rehabilitation, or ac: ' quisition and rehabilitation of an existing structure for use in the provision of supportive housing. (2) A grant for moderate rehabilitation of an existing structure for use in the provision of supportive housing. (3) Annual payments for operating costs of transitional housing, not to exceed 75 percent of the annual operating costs of such housing. (4) Technical assistance in establishing and operating such such housing. (b) REPAYMENT OF ADVANCE.—Subject to the foregoing, any advance provided under subsection (a)(l) shall be repaid on such terms as may be prescribed by the Secretary when the project ceases to be used as supportive housing in accordance with the provisions of this subtitle. Recipients and project sponsors shall be required to repay 100 percent of the advance if the project is used as supportive housing for fewer than 10 years following initial occupancy. If the project is used as supportive housing for more than 10 years, the percentage of the amount that shall he required to be repaid shall be reduced by 10 percentage points for each year in excess of 10 that the property is used as supportive housing. A project may continue to be treated as supportive housing for purposes of this subsection if the Secretary determines that such project is no longer needed for use as supportive housing and approves the use of such project for the direct benefit of lower income persons. (c) PREVENTION OF UNDUE BENEFITS.—Upon any sale or other disposition of a project acquired or rehabilitated with assistance under this subtitle prior to the close of 20 years after the project is placed in service, otner than a sale or other disposition resulting in the use of the project for the direct benefit of lower income persons or where all of the proceeds are used to provide supportive housing, the recipient shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient from unduly benefiting from the sale or other disposition of the project. SEC. 424. PROGRAM REQUIREMENTS. (a) APPLICATIONS.—
 * , housing and providing supportive services to the residents of

(1) Applications for assistance under this subtitle shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.

42 USC 11384.

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 101 STAT. 502

State and local governments.

State and local governments.

State and loceil governments.

PUBLIC LAW 100-77—JULY 22, 1987

(2) The Secretary shall require that applications contain at a , minimum— (A) a description of the proposed project; I (B) a description of the size and characteristics of the population that would occupy supportive housing; (C) a description of the public and private resources that .i. are expected to be made available in compliance with section 425; (D) assurances satisfactory to the Secretary that the project assisted will be operated for not less than 10 years for the purpose specified in the application; (E) a certification from the public official responsible for submitting a comprehensive plan for the jurisdiction to be afliS? served by the proposed project (by the State in the case of a project for permanent housing for the handicapped home^ less) that the proposed project is consistent with the applicable comprehensive plan; and (F) in the case of permanent housing for handicapped homeless persons— ,.. ' (i) a letter of participation from the Governor or other chief executive official of the State assuring that the State will promptly transmit assistance to the • project sponsor and will facilitate the provision of necessary supportive services to the residents of the >"project; (ii) a designation of the State agency, the primary responsibility of which is the provision of services to handicapped persons and that will assist the State housing finance agency in fulfilling the State responsibilities under this subtitle; and (iii) an assessment of how the proposed project would meet the needs of handicapped homeless persons in the State. (h) SELECTION CRITERIA.—The Secretary shall establish selection criteria for a national competition for assistance under this subtitle, which shall include— (1) the ability of the applicant or the project sponsor to develop and operate supportive housing; (2) the innovative quality of the proposal in providing supportive housing; (3) the need for such supportive housing in the area to be served; (4) the extent to which the amount of assistance to be provided under this subtitle will be matched with more than an equal amount of funds from other sources; (5) the cost effectiveness of the proposed project; (6) the extent to which the project would meet the needs of handicapped homeless persons in the State as described pursuant to subsection (a)(2)(F)(iii); and (7) such other factors as the Secretary determines to be appropriate for purposes of carrying out the demonstration program established by this subtitle in an effective and efficient manner. (c) REQUIRED AGREEMENTS.—The Secretary may not approve assistance for any project under this subtitle unless the applicant agrees or certifies that each project sponsor has agreed—

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 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 503

(1) to operate the proposed project as supportive housing in accordance with the provisions of this subtitle; (2) to conduct an ongoing assessment of the supportive servc ices required by the residents of the project; (3) to provide such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of supportive services to the residents of the project; (4) to monitor and report to the Secretary on the progress of the project; and (5) to comply with such other terms and conditions as the Secretary may establish for purposes of carrying out the demonstration program established in this subtitle in an effective and efficient manner. (d) OCCUPANT RENT.—Each homeless individual residing in a facility assisted under this subtitle shall pay as rent an amount determined in accordance with the provisions of section 3(a) of the United 42 USC 1437a. States Housing Act of 1937. SEC. 425. MATCHING FUNDS REQUIREMENTS.

42 USC 11385.

(a) TRANSITIONAL HOUSING.—Each recipient shall be required to supplement the amount of assistance provided under paragraphs (1) and (2) of section 423(a) with an equal amount of funds from sources other than this subtitle. In calculating the amount of supplemental funds provided by a recipient under this subsection, a recipient may include the value of any donated material or building and the value of any lease on a building. (b) PERMANENT HOUSING FOR HANDICAPPED HOMELESS PERSONS.—

(1) Each State submitting an application for assistance for permanent housing for handicapped homeless persons shall certify that it will supplement the assistance provided under this subtitle with at least an equal amount of State or local government funds— (A) that are to be used solely for acquisition or rehabilitation; and (B) not more than 50 percent of which may be local government funds. (2) The Secretary may waive all or part of the requirement established in paragraph (1) if the State demonstrates to the satisfaction of the Secretary that— (A) the State is experiencing a severe financial hardship that makes it unable to provide an equal amount of funds; and (B) the local governments of the areas to be served by the project will contribute funds from other non-Federal sources in an aggregate amount equal to the amount of such contribution waived for the State under this paragraph. SEC. 426. GUIDELINES.

(a) REGULATIONS.—Not later than 90 days following the date of enactment of this Act, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subtitle. Until final regulations are issued under this subtitle, the regulations established by the Secretary implementing the provisions made effective by section 101(g) of Public Law 99-500 or Public Law 99-591 shall govern the transitional housing provisions of this subtitle.

State and local governments.

42 USC 11386.

100 Stat. 1783-242, 3341-242.

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