text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/534

 101 STAT. 504

PUBLIC LAW 100-77—JULY 22, 1987

(b) LIMITATION ON USE OF FUNDS.—NO assistance received under this subtitle (or any State or local government funds used to supplement such assistance) may be used to replace other public funds previously used, or designated for use, to assist handicapped persons, homeless individuals, or handicapped homeless persons. (c) LIMITATION ON ADMINISTRATIVE EXPENSES.—NO recipient may

use more than 5 percent of an advance or grant received under this subtitle for administrative purposes. SEC. 427. REPORT TO CONGRESS.

42 USC 11387.

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The Secretary shall submit to the Congress— (1) not later than 3 months after the end of fiscal year 1987, J an interim report summarizing the activities carried out under this subtitle during such fiscal year and setting forth any j, preliminary findings or conclusions of the Secretary as a result of such activities; and (2) not later than 6 months after the end of fiscal year 1988, a final report summarizing all activities carried out under this subtitle and setting forth any findings, conclusions, or recommendations of the Secretary as a result of such activities.

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SEC. 428. AUTHORIZATION OF APPROPRIATIONS.

42 USC 11388.

(a) IN GENERAL.—In addition to other amounts authorized by law, there are authorized to be appropriated to carry out this subtitle $80,000,000 for fiscal year 1987 and $100,000,000 for fiscal year 1988. (b) SET ASIDE.—Of the funds provided under this subtitle for any fiscal year— (1) not less than $20,000,000 shall be allocated to transitional I'. housing projects that serve homeless families with children; and I (2) not less than $15,000,000 shall be allocated to projects that provide permanent housing for handicapped homeless persons. (c) FUNDING CONSIDERATIONS.—The Secretary shall provide additional consideration to projects designed especially to meet the needs of deinstitutionalized homeless individuals and other homeless individuals with mental disabilities, so that such projects will receive a significant share of the funds provided under this subtitle.

Subtitle D—Supplemental Assistance for Facilities to Assist the Homeless 42 USC 11391.

SEC. 431. DEFINITIONS.

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42 USC 5302.

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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. (2) The term "assistance" means non-interest bearing advances to assist the acquisition, lease, renovation, substantial rehabilitation, or conversion of facilities to cussist the homeless, grants for moderate rehabilitation, and grants for other purposes. (3) The term "metropolitan city" has the meaning given such term in section 102 of the Housing and Community Development Act of 1974. f..>

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Page:United States Statutes at Large Volume 101 Part 1.djvu/535

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 505

(4) The term "outpatient health services" means outpatient health care, outpatient mental health services, outpatient substance abuse services, and case management services. (5) 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; (B) that has a voluntary board; (C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by <i the Secretary; and (D) that practices nondiscrimination in the provision of assistance. (6) The term "recipient" means any governmental or nonprofit entity that is approved by the Secretary as to financial responsibility. (7) The term "Secretary" means the Secretary of Housing and i t 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 Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (9) The term "supportive services" means food, child care, assistance in obtaining permanent housing, outpatient health services, employment counseling, nutritional counseling, security arrangements necessary for the protection of residents of facilities to assist the homeless, and such other services essential for maintaining independent living as the Secretary determines to be appropriate. Such term includes the provision of assistance to homeless individuals in obtaining other Federal, State, and local assistance available for such individuals, including mental health benefits, employment counseling, and medical assistance. Such term does not include major medical equipment. (10) 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. 432. SUPPLEMENTAL ASSISTANCE.

42 USC 11392.

(a) IN GENERAL.—The Secretary of Housing and Urban Development is authorized in accordance with the provisions of this subtitleCD to provide assistance to cover the costs in excess of assist' ance provided under the emergency shelter grant program or the supportive housing demonstration program that are required— (A) to meet the special needs of homeless families with children, elderly homeless individuals, or the handicapped; or (B) to facilitate the transfer and utilization of public Public buildings buildings to assist homeless individuals and families; or and grounds. •(2) to provide comprehensive assistance for particularly innovative programs for, or alternative methods of, meeting the i<3 immediate and long-term needs of homeless individvials and families by assisting—

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 101 Part 1.djvu/536

 101 STAT. 506

PUBLIC LAW 100-77—JULY 22, 1987

State and local governments.

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(A) the purchsise, lease, renovation, or conversion of facilities to assist the homeless, which facilities shall be safe and sanitary and, when appropriate, meet all applicable State and local housing and building codes and licensing requirements in the jurisdiction in which the facility is located; or (B) the provision of supportive services for homeless individuals.

(b) LIMITATIONS.—

Health and medical care.

(1) The Secretary may not provide assistance under this subtitle unless the Secretary determines that— (A) the applicant has made reasonable efforts to utilize - ... all available local resources and resources available under the other provisions of this title; and • •':•:' (B) that other resources are not sufficient or are not available to carry out the purpose for which the assistance is being sought. No assistance provided under this subtitle may be used to supplant any non-Federal resources provided with respect to any project. (2) Any advance provided under this subtitle shall be repaid on such terms as may be prescribed by the Secretary when the project ceeises to be used to assist homeless individuals in accordance with the provisions of this subtitle. A recipient shall be required to repay 100 percent of the advance if the recipient uses the project to assist homeless individuals for fewer than 10 years following initial occupancy. If the recipient uses the project to assist homeless individuals for more than 10 years, the percentage of the amount that the recipient shall be required to repay shall be reduced by 10 percentage points for each year in excess of 10 that the property is used to assist homeless individuals. A project may continue to be treated as a project to assist homeless individuals for purposes of this paragraph if the Secretary determines that such project is no longer needed to assist homeless individuals and approves the use of such project for the direct benefit of lower income persons. (3) Upon any sale or other disposition of a project acquired, leased, renovated, rehabilitated, or converted with assistance under this subtitle prior to the close of 20 years after the project is placed in service, other than a sale or other disposition resulting in the use of the project for the direct benefit of lower income persons, the recipient shall comply with such terms and conditions as the Secretary shall have prescribed to prevent the recipient from unduly benefiting from the sale or other disposition of the project. (4) Not more than $10,000 of any grant or advance under this subtitle may be used for outpatient health services (excluding the cost of any rehabilitation or conversion). (c) EuGiBiuTY.—To receive assistance under this subtitle, a State, metropolitan city, urban county, tribe, or private nonprofit organization shall submit an application to the Secretary in such form and containing such information as the Secretary shall prescribe. (d) SELECTION.—Assistance may be provided under this subtitle only to an applicant that— (1) has shown a demonstrated commitment to alleviating poverty; ^ ^ ..„w>

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Page:United States Statutes at Large Volume 101 Part 1.djvu/537

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 507

(2) has furnished assurances satisfactory to the Secretary that any property purchased, leased, renovated, or converted with assistance under this subtitle will be operated to assist homeless individuals for not less than 10 years; (3) has the continuing capacity to effectively provide assistance to homeless individuals; and (4) complies with such other requirements for assistance under this section as the Secretary may establish. To the maximum extent practicable, the Secretary shall reserve not less than 50 percent of all funds provided under this section for the support of facilities designed primarily to benefit homeless elderly individuals and homeless families with children (and a portion of such funds shall be used for child care facilities). To the extent practicable, the Secretary shall distribute the funds available to carry out this subtitle equitably across geographic areas. (e) COORDINATION WITH SECRETARY OF HEALTH AND HUMAN SERVICES.—

(1) Promptly upon receipt of any application for assistance Health and under this subtitle that includes the provision of outpatient medical care. health services, the Secretary of Housing and Urban Development shall consult with the Secretary of Health and Human Services with respect to the proposed outpatient health services. If the Secretary of Health and Human Services determines that the proposal for delivery of outpatient health services does not meet the guidelines described in paragraph (2), the Secretary of Housing and Urban Development may require resubmission of the application. The Secretary of Housing and Urban Development may not approve such portion of the application unless and until it has been resubmitted in a form that the Secretary of Health and Human Services determines meets the guidelines. (2) The Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall jointly establish guidelines for determining under this section the appropriateness of proposed outpatient health services. Such guidelines shall include such provisions as are necessary to enable the Secretary of Housing and Urban Development to meet the time limits under this subtitle for the final selection of applications for assistance. (f) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more than 5 percent of a grant or advance made under this section may be expended for administrative expenses. SEC. 433. REGULATIONS.

42 USC 11393.

Not later than the expiration of the 30-day period beginning on 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 not be subject to section 553 of title 5, United States Code, or section 7(o) of the Department of Housing and Urban Development Act. Such notice shall— (1) provide that a notice of funding availability shall be published in the Federal Register not later than the expiration of the 30-day period beginning on the date on which amounts become available to carry out this subtitle; (2) require all applications for assistance under this subtitle to be submitted not later than the expiration of the 60-day period

Federal Register, publication. 42 USC 3535.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/538

 101 STAT. 508

PUBLIC LAW 100-77—JULY 22, 1987 beginning on the date on which the notice of funding availability is published in the Federal Register; and (3) provide that the final selection of applications for assistance under this subtitle shall be completed not later than the expiration of the 90-day period beginning on the date on which the notice of funding availability is published in the Federal Register.

42 USC 11394.

SEC. 434. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subtitle $25,000,000 for each of the fiscal years 1987 and 1988. Any amounts that are appropriated to carry out this subtitle and that are not reserved prior to the 30-day period preceding the close of a fiscal year shall be made available prior to the close of such fiscal year.

Subtitle E—Miscellaneous Provisions 42 USC 11401.

SEC. 441. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY DWELLINGS. (a) INCREASE IN BUDGET AUTHORITY.—The budget authority avail-

42 USC 1437c. 42 USC 1437f.

able under section 5(c) of the United States Housing Act of 1937 for assistance under section 8(e)(2) of such Act is authorized to be increased by $35,000,000 on or after October 1, 1986, and by $35,000,000 on or after October 1, 1987. (b) USE OF FUNDS.—The amounts made available under this section shall be used only in connection with the moderate rehabilitation of housing described in section 8(n) of the United States Housing Act of 1937 for occupancy by homeless individuals. (c) ALLOCATION.—The amounts made available under this section shall be allocated by the Secretary of Housing and Urban Development on the basis of a national competition to the applicants that best demonstrate a need for the assistance under this section and the ability to undertake and carry out a program to be assisted under this section. To be considered for assistance under this section, an applicant shall submit to the Secretary of Housing and Urban Development a written proposal containing— (1) a description of the size and characteristics of the population within the applicant's jurisdiction that would occupy single room occupancy dwellings; (2) a listing of additional commitments from public and private sources that the applicant might be able to provide in connection with the program; (3) an inventory of suitable housing stock to be rehabilitated with such assistance; and (4) a description of the interest that has been expressed by builders, developers, and others (including profit and nonprofit organizations) in participating in the program. No single city or urban county shall be eligible to receive more than 10 percent of the assistance made available under this section.

42 USC 1437f.

Urban areas. contracts. State and local governments.

(d) FIRE AND SAFETY IMPROVEMENTS.—Each contract for housing

assistance payments entered into with the authority provided under this section shall require the installation of a sprinkler system that protects all major spaces, hard wired smoke detectors, and such other fire and safety improvements as may be required by State or local law. (e) COST LIMITATION.—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/539

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 509

(1) The total cost of rehabilitation that may be compensated for in a contract for housing assistance payments entered into with the authority provided under this section shall not exceed $14,000 per unit, plus the expenditures required by subsection (d). (2) The Secretary of Housing and Urban Development shall increase the limitation contained in paragraph (1) by an amount the Secretary determines is reasonable and necessary to accommodate special local conditions, including— (A) high construction costs; or (B) stringent fire or building codes. (f) CONTRACT REQUIREMENTS.—Each contract for annual contributions entered into with a public housing agency to obligate the authority made available under this section shall— (1) commit the Secretary of Housing and Urban Development to make such authority available to the public housing agency for an aggregate period of 10 years, and require that any amendments increasing such authority shall be available for the remainder of such 10-year period; (2) provide the Secretary of Housing and Urban Development with the option to renew the contract for an additional period of 10 years, subject to the availability of appropriations; and (3) provide that, notwithstanding any other provision of law, first priority for occupancy of housing rehabilitated under this section shall be given to homeless individuals.

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SEC. 442. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT.

Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended in the second sentence by inserting "or 1984" 42 USC 5302. after "fiscal year 1983".

TITLE V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY SEC. 501. USE OF UNDERUTILIZED PUBLIC BUILDINGS AND PROPERTY FOR FACILITIES TO ASSIST THE HOMELESS.

42 USC 11411.

(a) IDENTIFICATION OF UNDERUTIUZED SUITABLE BUILDINGS AND

PROPERTY.—The Secretary of Housing and Urban Development shall collect information about Federal public buildings and other Federal real properties (including fixtures) that are described in surveys by the heads of controlling agencies as underutilized and shall identify which of those buildings and properties are suitable for use for facilities to assist the homeless. The Secretary, in consultation with the Secretary of Health and Human Services and the Administrator of General Services, shall develop criteria with respect to suitability of such property for use as facilities to assist the homeless. flo) AGENCY RESPONSES.—The Secretary of Housing and Urban Development shall notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a) of this section. The head of such agency shall, within 30 days after receipt of such a notice, transmit to the Secretary and the Administrator of General Services the agency's response, which shall include—

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text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/135

 it would be difficult to find a worse son than I am.'

'During the terrible storm last night,' answered the Dolphin, 'the little boat must have gone to the bottom.'

'And my papa?'

'He must have been swallowed by the terrible Dog-fish who for some days past has been spreading devastation and ruin in our waters.'

'Is this Dog-fish very big?' asked Pinocchio, who was already beginning to quake with fear.

'Big! . . .' replied the Dolphin. 'That you may form some idea of his size, I need only tell you that he is bigger than a five-storied house, and that his mouth is so enormous and so deep that a railway train with its smoking engine could pass easily down his throat.'

'Mercy upon us!' exclaimed the terrified puppet; and putting on his clothes with the greatest haste he said to the Dolphin:

'Good-bye, Sir fish: excuse the trouble I have given you, and many thanks for your politeness.'

He then took the path that had been pointed out to him and began to walk fast—so fast, indeed, that he was almost running. And at the slightest noise he turned to look behind him, fearing that he might see the terrible Dog-fish with a railway train in its mouth following him.


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/540

 101 STAT. 510

PUBLIC LAW 100-77—JULY 22, 1987 (1) a statement of the agency's intention to declare the property excess to the agency's need, in accordance with applicable law; or (2) a statement of the reasons that the property cannot be declared excess.

State and local governments.

(C) AVAILABILITY FOR F A C I U T I E S TO A S S I S T THE HOMELESS.—The

Administrator of General Services and the Secretary of Health and Human Services shall, in accordance with other applicable Federal law, take such actions as may be necessary to make buildings and property identified under subsection (a) available for use for facilities to assist the homeless operated by private nonprofit organizations, units of local government, and States. (d) AVAILABILITY OF FEDERAL BUILDINGS OR PROPERTY BY LEASE.—

40 USC 484.

State and local governments.

State and local governments. 42 USC 11412.

Public information. 40 USC 484.

(1) Federal buildings or property may be made available under this section only through the use of leases for at least 1 year. Ownership of the buildings and property shall not be transferred from the Federal Government. (2) To permit leases of surplus Federal buildings and other real property under this section, the Secretary of Health and Human Services and the Administrator of General Services shall include, as a permissible use in the protection of public health within the meaning of section 203(k) of the Federal Property and Administrative Services Act of 1949, the furnishing of real property for use for facilities to assist the homeless and shall issue regulations permitting leases for such publichealth purposes. (e) QUARTERLY REPORTS.—Within 90 days after the enactment of this Act and quarterly thereafter, the Administrator of General Services shall submit to the Congress and to the Interagency Council on the Homeless quarterly reports on the implementation of this section. Such reports shall include— (1) a list of the properties identified by the Secretary of Housing and Urban Development under subsection (a); (2) a statement of the agency responses under subsection (b) to such identifications; and (3) a description of the actions taken by the Administrator and the Secretary of Health and Human Services under applicable law to make such property available for use for facilities to assist the homeless operated by private nonprofit organizations, units of local government, and States. SEC. 502. MAKING SURPLUS PERSONAL PROPERTY AVAILABLE TO NONPROFIT AGENCIES.

(a) EuGiBiliTY.—Section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(j)(3)(B)) is amended by inserting "providers of assistance to homeless individuals" after "health centers,". G)) REQUIREMENT FOR NOTIFICATION.—Within 90 days after the enactment of this Act, the Administrator of General Services shall require each State agency administering a State plan under section 203(j) of the Federal Property and Administrative Services Act of 1949 to make generally available information about surplus personal property which may be used in the provision of food, shelter, or other services to homeless individuals. (c) COSTS.—Surplus personal property identified pursuant to this section shall be made available to providers of assistance to homeless individuals by a State agency distributing such property at (1) a

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Page:United States Statutes at Large Volume 101 Part 1.djvu/541

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 511

nominal cost to such organization or (2) at no cost when the Administrator agrees to reimburse the State agency for the costs of care and handling of such property.

TITLE VI—HEALTH CARE FOR THE HOMELESS Subtitle A—Primary Health Services and Substance Abuse Services SEC. 601. ESTABLISHMENT OF GRANT PROGRAM.

Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by striking subpart IV and inserting the follow- 42 USC 256a. ing new subpart: "Subpart IV—Health Services for the Homeless " G R A N T PROGRAM FOR CERTAIN HEALTH SERVICES FOR THE HOMELESS

"SEC. 340. (a) ESTABLISHMENT.—(1) The Secretary, acting through 42 USC 256. the Administrator of the Health Resources and Services Administration, shall make grants for the purpose of enabling grantees, directly or through contracts, to provide for the delivery of health services to homeless individuals. "(2) In carrying out the program established in paragraph (1), the Administrator shall consult with the Director of the National Institute on Alcohol Abuse and Alcoholism and with the Director of the National Institute of Mental Health. "(b) MINIMUM QUALIFICATIONS OF GRANTEES.—The Secretary may

not make a grant under subsection (a) to an applicant unless— "(1) the applicant is a public or nonprofit private entity; "(2) the applicant has the capacity to effectively administer a grant under subsection (a); and "(3) with respect to health services that are covered in the State and local appropriate State plan approved under title XIX of the Social governments. Security Act— 42 USC 1396. "(A) if the applicant will provide under the grant any such health services directly— "(i) the applicant heis entered into a participation agreement under the appropriate State plan; and "(ii) the applicant is qualified to receive payments under the appropriate State plan; and "(B) if the applicant will provide under the grant any such health services through a contract with an organization— "(i) the organization has entered into a participation agreement under the appropriate State plan; and "(ii) the organization is qualified to receive payments under the appropriate State plan. "(c) PREFERENCES IN MAKING GRANTS.—The Secretary shall, in

making grants under subsection (a), give preference to qualified applicants that—

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text:
The New International Encyclopædia/Raupp, Karl

RAUPP, roup, (1837—). A German landscape and genre painter, born at Darmstadt. After studying under Jakob Becker at the Städel Institute in Frankfort, he became a pupil and zealous follower of Piloty in Munich (1860-65),

where he soon gathered a small school. From 1868 to 1878 he was professor at the School of Arts in Nuremberg, and after that at the Academy in Munich. His finely colored scenes from fishermen's and peasant life around Chiem Lake, which form his favorite subjects, show equal devotedness in the treatment of landscape and figures, and include: “In the Face of the Storm” (1885, Dresden Gallery); “Peace” (1889, National Gallery, Berlin); “Serious Meeting” (1889, Münster Gallery); and “Chiem Lake” (1898, Reichstags-Gebäude, Berlin). He published a Katechismus der Malerei (3d ed, 1898).


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/542

 101 STAT. 512

PUBLIC LAW 100-77—JULY 22, 1987 "(I)(A) are experienced in the direct delivery of primary health services to homeless individuals or medically underserved populations; or "(B) are experienced in the treatment of substance abuse in homeless individuals or medically underserved populations; and "(2) agree to provide for health services to homeless individuals through both public entities and private organizations.

"(d) REQUIREMENT OP SUBMISSION OF APPLICATION CONTAINING CERTAIN AGREEMENTS.—(1) The Secretary may not make a grant

under subsection (a) to an applicant unless the applicant has submitted to the Secretary an application for the grant containing agreements in accordance with— "(A) subsection (e)(l)(A)(ii), relating to the provision of matching funds; '(B) subsection (f), relating to the provision of certain health .BaaS-030.Si". services; "(C) subsection (h), relating to restrictions on the use of funds; "(D) subsection (i), relating to a limitation on charges for services; "(E) subsection (j), relating to the administration of grants; and "(F) subsection (k), relating to a limitation on administrative ^. •>$ ^ expenses. "(2) An application required in paragraph (1) shall, with respect to agreements required to be contained in the application, provide assurances of compliance satisfactory to the Secretary and shall otherwise be in such form, be made in such msmner, and contain such information in addition to information required in paragraph (1) as the Secretary determines to be necessary to carry out this section. "(e) REQUIREMENT OF PROVISION OF MATCHING FUNDS.—(I)(A) The

, „,

Secretary may not make a grant under subsection (a) to an applicant— "(i) in an amount exceeding 75 percent of the costs of providing health services under the grant; and (ii) unless the applicant agrees that the applicant will make available, directly or through donations to the applicant, nonFederal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under subparagraph (B)) for each $3 of Federal funds provided in such grant. "(B)(i) Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the federal Government, or services Eissisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-FedersQ contributions. "(ii) Such determination may not include any cash or in-kind contributions that, prior to February 26, 1987, were made available by any public or private entity for the purpose of assisting homeless individuals (including assistance other than the provision of health services). "(2) The Secretary may waive the requirement established in paragraph (I)(A) if— "(A) the applicant involved is a nonprofit private grantee under section 330; and "(B) the Secretary determines that it is not feasible for the applicant to comply with such requirement.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/543

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 513

"(f) REQUIREMENT OF PROVISION OF CERTAIN HEALTH SERVICES.—

The Secretary may not make a grant under subsection (a) to an applicant unless the applicant agrees that the applicant will, directly or through contract— "(1) provide health services at locations accessible to homeless individuals; "(2) provide to homeless individuals, at all hours, emergency health services; "(3) refer homeless individuals as appropriate to medical facilities for necessary hospital services; "(4) refer for mental health services homeless individuals who are mentally ill to entities that provide such services, unless the applicant will provide such services pursuant to subsection (g); "(5) provide outreach services to inform homeless individuals of the availability of health services; and "(6) aid homeless individuals in establishing eligibility for assistance, and in obtaining services, under entitlement programs. "(g) OPTIONAL PROVISION OF MENTAL HEALTH

SERVICES.—A

grantee under subsection (a) may expend amounts received pursuant to such subsection for the purpose of providing mental health services to homeless individuals. "(h) RESTRICTIONS ON USE OF GRANT FUNDS.—(1) The Secretary

may not, except as provided in paragraph (2), make a grant under subsection (a) to an applicant unless the applicant agrees that amounts received pursuant to such subsection will not, directly or through contract, be expended— "(A) for any purpose other than the purposes described in subsections (a) and (g); "(B) to provide inpatient services, except with respect to residential treatment for substance abuse provided in settings other than hospitals; "(C) to make cash payments to intended recipients of health services or mental health services; or "(D) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment. "(2) If the Secretary finds that the purpose described in subsection (a) cannot otherwise be carried out, the Secretary may, with respect to an otherwise qualified applicant, waive the restriction established in paragraph (I)(D). "(i) LIMITATION ON CHARGES FOR SERVICES.—The Secretary may

not make a grant under subsection (a) to an applicant unless the applicant agrees that, whether health services are provided directly or through contract— "(1) health services under the grant will be provided without regard to ability to pay for the health services; and "(2) if a charge is imposed for the delivery of health services, such charge— "(A) will be made according to a schedule of charges that is made available to the public; "(B) will not be imposed on any homeless individual with an income less than the official poverty level; and ' "(C) will be adjusted to reflect the income and resources of the homeless individual involved.

^OHS

Drugs and drug abuse.

Real property.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/544

 101 STAT. 514

Classified information. Bilingual services.

Reports.

PUBLIC LAW 100-77—JULY 22, 1987

"0") REQUIREMENTS WITH RESPECT TO ADMINISTRATION.—The Secretary may not make a grant under subsection (a) to an applicant unless the applicant— "(1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant; "(2) agrees to establish an ongoing program of quality assurance with respect to the health services provided under the grant; "(3) agrees to ensure the confidentiality of records maintained on homeless individuals receiving health services under the grant; "(4) with respect to providing health services to any population of homeless individuals a substantial portion of which has a limited ability to speak the English language— "(A) has developed and has the ability to carry out a reasonable plan to provide health services under the grant through individuals who are able to communicate with the population involved in the language and cultural context that is most appropriate; and "(B) has designated at least one individual, fluent in both A English and the appropriate language, to assist in carrying out the plan; and "(5) agrees to submit to the Secretary an annual report that describes the utilization and costs of health services provided under the grant and that provides such other information as the Secretary determines to be appropriate, "(k) LIMITATION ON ADMINISTRATIVE EXPENSES OF GRANTEE.—The

•j'ts.

Secretary may not make a grant under subsection (a) to an applicant unless the applicant agrees that the applicant will not expend more than 10 percent of amounts received pursuant to such subsection for the purpose of administering the grant. "(1) USE OF GRANT FUNDS FOR REFERRALS TO CERTAIN ADVOCACY

42 USC 10801.

SYSTEMS.—A grantee under subsection (a) may, with respect to title I of the Protection and Advocacy for Mentally 111 Individuals Act of 1986, expend amounts received under subsection (a) for the purpose of referring homeless individuals who are chronically mentally ill, and who are eligible under such Act, to systems that provide advocacy services under such Act. "(m) USE OF SELF-HELP ORGANIZATIONS.—Any grantee under subsection (a) may provide health services through contracts with nonprofit self-help organizations that— "(1) are established and managed by current and former recipients of mental health services, or substance abuse services, who have been homeless individuals; and "(2) with respect to the provision of health services described in subsection (b)(3), are organizations qualified under subparagraph (B) of such subsection, "(n) TECHNICAL ASSISTANCE.—(1) The Secretary may, without charge to any grantee under subsection (a), provide technical assistance to any such grantee with respect to the planning, development, and operation of programs to carry out the purpose described in such subsection. The Secretary may provide such technical sissistance directly, through contract, or through grants. "(2) Of the amounts appropriated pursuant to subsection (p)(D, the Secretary may expend not more than $2,000,000 for the purpose of carrying out paragraph (1). ,, ^^ ...., ^....

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Page:United States Statutes at Large Volume 101 Part 1.djvu/545

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 515

"(o) ANNUAL REPORTS BY SECRETARY.—Not later than January 10 of each year, the Secretary shall submit to the Congress a report describing the utilization and costs of health services provided under subsection (a) during the immediately preceding fiscal year. "(p) FUNDING.—(1) There are authorized to be appropriated to Appropriation carry out this section $50,000,000 for fiscal year 1987 and $30,000,000 authorization. for fiscal year 1988. "(2) Amounts received by a grantee pursuant to subsection (a) remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the grantee during the succeeding fiscal year for the purpose described in such subsection, "(q) DEFINITIONS.—For purposes of this section: "(1) The term 'health services' means primary health services and substance abuse services. "(2) The term 'homeless individual' means an individual who lacks housing (without regard to whether the individual is a member of a family), including an individual whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations. "(3) The term 'medically underserved population' has the meaning given such term in section 3300t)X3). "(4) The term 'official poverty level' means the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. 42 USC 9902. "(5) The term 'organization' includes individuals, corporations, partnerships, companies, and associations. "(6) The term 'primary health services' has the meaning given such term in section 330(b)(l). "(7) The term 'substance abuse' has the meaning given such term in section 536(4). "(8) The term 'substance abuse services' includes detoxification and residential treatment for substance abuse provided in settings other than hospitals.". SEC. 602. PROVISION OF HEALTH SERVICES TO THE HOMELESS BY NATIONAL HEALTH SERVICE CORPS. "' "Section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)) is amended by adding at the end the following new paragraph: "(3) Homeless individuals (as defined in section 340(q)(2)) may be a population group under paragraph (1).". SEC. 603. REQUIREMENT OF HOMELESSNESS.

CERTAIN STUDY WITH RESPECT TO

The Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act— (1) complete a study with respect to determining the extent to which the mental health deinstitutionalization policies of the States are contributing to the problem of homelessness; and (2) submit to the Congress the findings made as a result of such study, including any recommendations of the Secretary with respect to administrative and legislative initiatives that can reduce the number of chronically mentally ill individuals who are homeless.

91-194 O - 90 -18: QL.3 Part 1

42 USC 11301 "o<*

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/546

 101 STAT. 516

PUBLIC LAW 100-77—JULY 22, 1987

•':'S)U.:i

State and local governments.

42 USC 290dd et seq. 42 USC 290dd— 290dd-3, 290ee— 290ee-3.

Subtitle B—Community Mental Health Services

SEC. 611. ESTABLISHMENT OF BLOCK GRANT PROGRAM FOR SERVICES TO HOMELESS INDIVIDUALS WHO ARE CHRONICALLY MENTALLY ILL.

Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended— (1) by redesignating part C as part D; (2) by redesignating sections 520 through 527 as sections 541 through 548, respectively; and (3) by inserting after part B the following new part: "PART C—COMMUNITY MENTAL HEALTH SERVICES FOR THE HOMELESS ESTABLISHMENT OF BLOCK GRANT PROGRAM FOR SERVICES TO HOMELESS INDIVIDUALS WHO ARE CHRONICALLY MENTALLY ILL

42 USC 290CC-21.

,„.-,.^

"SEC. 521. (a) REQUIREMENT OF ALLOTMENTS FOR STATES.—The

Secretary shall for fiscal years 1987 and 1988 allot to each State an; amount determined in accordance with sections 528 and 529. The Secretary shall, in accordance with section 530, make payments each such fiscal year to each State from the allotment for the State if the Secretary approves for each such fiscal year an application submitted by the State pursuant to section 522, "(b) PURPOSE OF ALLOTMENTS.—The Secretary may not make payments under subsection (a) to a State for a fiscal year unless the State agrees that amounts received by the State pursuant to such subsection will be expended only for the purpose of providing, in accordance with section 524, community mental health services to homeless individuals who are chronically mentally ill. " REQUIREMENT OF S U B M I S S I O N O F APPLICATION CONTAINING CERTAIN

AGREEMENTS

42USe290cc-22.

"SEC. 522. (a) IN GENERAL.—The Secretary may not make payments under section 521(a) to a State for a fiscal year unless the State has submitted to the Secretary an application for the payments containing agreements in accordance with— "(1) section 5210t)), relating to the purpose of allotments; "(2) section 523(a)(2), relating to the provision of matching funds; OT "(3) section 524, relating to the provision of certain mental health services; ffjii "(4) section 525, relating to restrictions on the use of payments; (5) section 526, relating to the submission of a description of the intended use of a block grant; and "(6) section 527, relating to reports by the States. "(b) CERTIFICATIONS.—Agreements required under subsection (a) to be submitted to the Secretary shall be made through certification from the chief executive officer of the State involved. "(c) SUBMISSION OF CERTAIN DOCUMENTS RELATING TO U S E OF PAYMENTS.— .ir."-i.3u«vu;?•

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/547

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 517

"(1) The Secretary may not make payments under section 521(a) to a State for a fiscal year unless the application submitted pursuant to subsection (a) contains the description required in section 526. "(2) For Hscal years subsequent to fiscal year 1987, the Secretary may not make payments under section 521(a) to a State unless such application contains the report required in section 527. "(d) ADDITIONAL REQUIRED INFORMATION.—An application required in subsection (a) shall, with respect to agreements required to be contained in the application, provide assurances of compliance satisfactory to the Secretary and shall otherwise be in such form, be made in such manner, and contain such information in addition to information required in subsections (a) and (c) as the Secretary determines to be necessary to carry out this part. REQUIREMENT OF PROVISION OF MATCHING FUNDS

"SEC. 523. (a) IN GENERAL.—The Secretary may not make pay- 42 USC 290CC-23. ments under section 521(a) to a State— "(1) in an amount exceeding 75 percent of the costs of providing services described in section 521(b); and (2) unless the State agrees that the State will make available, directly or through donations from public or private entities, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under subsection (b)) for each $3 of Federal funds provided in such grant. "(b) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBUTION.-c

"(1) Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Fwieral Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) A determination under paragraph (1) may not include any cash or in-kind contributions that, prior to February 26, 1987, were made available by any public or private entity for the purpose of assisting homeless individuals (including assistance other than the provision of community mental health services). REQUIREMENT OF PROVISION OF CERTAIN MENTAL HEALTH SERVICES

"SEC. 524. (a) IN GENERAL.—The Secretary may not make payments under section 521(a) to a State for a fiscal year unless the State agrees that projects receiving amounts pursuant to such section will— "(1) provide outreach services to chronically mentally ill individuals who are homeless or who are subject to a significant probability of becoming homeless; "(2) provide community mental health services, diagnostic services, crisis intervention services, and habilitation and rehabilitation services to individuals described in paragraph (1); "(3) refer such individueds as appropriate to medical facilities for necessary hospital services and to entities that provide primEoy health services and substance abuse services;

42 USC 290CC-24.

Drugs and drug abuse.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/548

 101 STAT. 518

r<; •, '

42 USC 1383. 42 USC 1381.

100 Stat. 1^83-242, 3341-242.

PUBLIC LAW 100-77—JULY 22, 1987

"(4) provide, in accordance with subsection (b), appropriate training to individuals who provide services to individuals described in paragraph (1), including the training of individuals who work in shelters, mental health clinics, and other sites where homeless individuals receive services; "(5) provide appropriate case management services to homeui less individuals, including— "(A) preparing a plan for the provision of community mental health services to the homeless individual involved and reviewing such plan not less than once every 3 months; "(B) providing assistance in obtaining and coordinating social and maintenance services for the individual, including services relating to daily living activities, transportation services, and habilitation and rehabilitation services, prevocational and vocational services, and housing services; "(C) providing assistance to the individual in obtaining income support services, including housing assistance, food ~^''' "(D) referring the individual for such other services as f,, may be appropriate; and "(E) providing representative payee services in accordance with section 1631(a)(2) of the Social Security Act if the individual is receiving aid under title XVI of such Act and if the applicant is designated by the Secretary to provide such services; and "(6) provide supportive and supervisory services to homeless y "(A) the transitional housing demonstration program carried out by the Secretary of Housing and Urban Development pursuant to section 101(g) of Public Law 99-500 or Public Law 99-591; or "(B) the supportive housing demonstration program established in subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act. "(b)
 * ««*stamps, and supplemental security income benefits;
 * ? individuals in residential settings not supported under—

CERTAIN REQUIREMENTS WITH RESPECT TO TRAINING OF

STAFF.—The Secretary may not make payments under section 521(a) to a State for a fiscal year unless the State agrees that training required in subsection (a)(4) will include training with respect to— "(1) identifying individuals who are chronically mentally ill; "(2) referring individuals to services available to such individuals, including job training services, literacy education, commu^ nity health centers, community mental health centers, and substance abuse treatment programs; and "(3) identifying programs that provide benefits to homeless individuals and referring such individuals to the programs. RESTRICTIONS ON USE OF PAYMENTS

42 USC 290CC-25.

''^'"•'"'

"SEC. 525. (a) IN GENERAL.—The Secretary may not make payments under section 521(a) to a State unless the applicant agrees that amounts received pursuant to such section will not be expended— "(1) to provide inpatient services; "(2) to make cash payments to intended recipients of mental health services;

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Page:United States Statutes at Large Volume 101 Part 1.djvu/549

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 519

"(3) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment; or "(4) to satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds.

Real property,

"(b) LIMITATION WITH RESPECT TO ADMINISTRATIVE EXPENSES.—

The Secretary may not make payments under section 521(a) to a State for a fiscal year unless the State agrees that the State will not expend more than 4 percent of the payments for the purpose of administering the payments and that the State will pay from nonFederal sources the remaining costs of administering the payments. "REQUIREMENT OF SUBMISSION OF DESCRIPTION OF INTENDED USE OF BLOCK GRANT

"SEC. 526. (a) IN GENERAL.—The Secretary may not make payments under section 521(a) to a State for a fiscal year unless— "(1) the State submits to the Secretary a description of the intended use for the fiscal year of the amounts for which the State is applying pursuant to such section; "(2) such description identifies the geographic areas within the State in which the greatest numbers of homeless individuals with a need for mental health services are located; "(3) such description provides information relating to the programs and activities to be supported and services to be provided, including information relating to coordinating such programs and activities with any similar programs and activities of public and private entities; and "(4) the State agrees that such description will be revised throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State pursuant to section 521. "(b) OPPORTUNITY FOR PUBLIC COMMENT.—The Secretary may

42 USC 290cc-26.

'

'

not

make payments under section 521(a) to a State for a Hscal year unless the State agrees that, in developing and carrying out the description required in subsection (a), the State will provide public notice with respect to the description (including any revisions) and such opportunities as may be necessary to provide interested persons an opportunity to present comments and recommendations with respect to the description.

"

"(c) RELATIONSHIP TO STATE COMPREHENSIVE MENTAL HEALTH SERVICES PLAN.—

"(1) For fiscal year 1987, the Secretary may not make payments under section 521(a) to a State unless the services to be provided pursuant to the description required in subsection (a) are consistent with the State comprehensive mental health services plan required in subpart 2 of part B of title XIX. "(2) For fiscal years subsequent to fiscal year 1987, the Secretary may not make payments under section 521(a) to a State unless the services to be provided pursuant to the description required in subsection (a) have been considered in the preparation of, have been included in, and are consistent with, the State comprehensive mental health services plan referred to in paragraph (1).

42 USC 300x.

'

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Page:United States Statutes at Large Volume 101 Part 1.djvu/550

 101 STAT. 520

PUBLIC LAW 100-77—JULY 22, 1987 REQUIREMENT OF REPORTS BY STATES

42 USC 290CC-27.

"SEC. 527. (a) IN GENERAL.—For fiscal years subsequent to fiscal year 1987, the Secretary may not make payments under section 521(a) to a State unless the State agrees that the State will prepare and submit to the Secretary an annual report in such form and containing such information as the Secretary determines (after consultation with the States and the C!omptroller General of the United States) to be necessary for— "(1) securing a record and a description of the purposes for which amounts received under section 521(a) were expended and of the recipients of such amounts; "(2) determining whether such amounts were expended in •I accordance with the needs within the State identified pursuant to section 526(a)(2); and "(3) determining whether such amounts were expended in i* • > J 21 accordance with the purpose described in section 521(b). "(b) AvAiLABiuTY TO PuBuc OF REPORTS.—The Secretary may not make payments under section 521(a) to a State unless the State agrees that the State will make copies of the reports described in subsection (a) available for public inspection. "(c) EVALUATIONS BY COMPTROLLER GENERAL.—The Comptroller

General of the United States shall, from time to time, evaluate the expenditures by States of grants under this part in order to ensure that expenditures are consistent with the provisions of this part. DETERMINATION OF AMOUNT OF ALLOTMENTS

42 USC 290CC-28.

"SEC. 528. (a) IN GENERAL.—The allotment for a State under section 521(a) for a fiscal year shall be the greater of— "(1) $275,000; and "(2) an amount determined in accordance with subsection (b). "OJ) DETERMINATION OF TENTATIVE AMOUNT OF ALLOTMENT.—

Urban areas.

jTrjj

.x^^'it oatJ-f:^^

"(1) The amount referred to in subsection (a)(2) is the product of"(A) an amount equal to the amounts appropriated for the fiscal year pursuant to section 535; and "(B) the percentage described in paragraph (2). "(2) The percentage referred to in paragraph (I)(B) is a percentage equal to the quotient of— "(A) an amount equal to the population living in urbanized areas of the State involved, as indicated by the most recent data collected by the Bureau of the Census; divided by "(B) an amount equal to the population living in urbanized areas of the United States, as indicated by the sum of the respective amounts determined for each State under subparagraph (A). DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOTMENTS

42 USC 290CC-29.

"SEC.

529. (a) ADDITIONAL ALLOTMENTS FOR CERTAIN STATES.—

Amounts described in subsection (b) shall be allotted each fiscal year by the Secretary to States receiving allotments under section 521(a) for the fiscal year (other than any State described in subsection (b)(3)). The amount of an allotment for a State shall be determined in accordance with subsection (c).

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Page:United States Statutes at Large Volume 101 Part 1.djvu/551

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 521

"(b) DESCRIPTION OF FUNDS.—The amounts referred to in subsection (a) are any amounts made available in appropriations Acts for allotments under section 521(a) that are not allotted under such section as a result of— "(1) the failure of any State to submit an application under section 522; "(2) the failure of any State to prepare, within a reasonable "' period of time in the determination of the Secretary, such application in compliance with such section; or "(3) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State. "(c) DETERMINATION OF AMOUNT OF ALLOTMENT.—The allotment under subsection (a) for a State shall be an amount equal to the product of— "(1) an amount equal to the amount described in subsection (b) for the fiscal year; and "(2) the percentage determined under section 528(b)(2) for the State involved. "DISBURSEMENT AND AVAILABILITY OF FUNDS

"SEC. 530. (a) DISBURSEMENT.—Pa)rment8 under section 521(a) 42 USC 290cc-30. shall be made in accordance with section 6503(a) of title 31, United States Code. "(b) AVAILABILITY.—Amounts received by a State under section ? 521(a) remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the State during the succeeding fiscal year for the purpose described in section 521(b). "TECHNICAL ASSISTANCE

"SEC. 531. The Secretary may, without charge to a State receiving 42 USC 290cc-3i. amounts under section 521(a), provide technical assistance to the State with respect to the planning, development, and operation of programs to carry out the purpose described in section 521(b). The Secretary may provide such technical assistance directly, through contract, or through grants. FAILURE TO COMPLY WITH AGREEMENTS "SEC. 532. (a) REPAYMENT OF PAYMENTS.—

"(1) The Secretary may, in accordance with subsection (c), require a State to repay any amounts received under section 521(a) that, in the determination of the Secretary, were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 522. "(2) If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 521(a). "(b) WITHHOLDING OP PAYMENTS.—

"(1) The Secretary may, in accordance with subsection (c), withhold payments due under section 521(a) if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements

42 USC 290CC-32.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/552

 101 STAT. 522

PUBLIC LAW 100-77—JULY 22, 1987

required to be contained in the application submitted by the State pursuant to section 522. "(2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that the State is expending amounts received under section 521(a) in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 522. "(c) OPPORTUNITY FOR A HEARING.—Before requiring repayment of payments under subsection (a)(D, or withholding payments under subsection (b)(1), the Secretary shall provide to the State involved an opportunity for a hearing. "(d) CONSTRUCTION OF PURPOSE OF ALLOTMENTS.—Notwithstanding

any other provision of this part, a State receiving amounts under section 521(a) may not, with respect to the agreements required to be contained in the application submitted by the State pursuant to section 522, be considered to be in violation of any such agreements by reason of the fact that the State, in the regular course of providing mental health services to homeless individuals who are chronically mentally ill, incidentally provides mental health services to homeless individuals who are not chronically mentally ill. "ESTABLISHMENT OF PROHIBITION AGAINST MAKING CERTAIN FALSE

' '-•

Fraud.

42 USC 290CC-33.

STATEMENTS

"SEC. 533. (a) IN GENERAL.—

"(1) A person may not knowingly make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which ayments may be made by a State from amounts paid to the tate under section 521(a). "(2) A person with knowledge of the occurrence of any event affecting the right of the person to receive any payments by a State from such amounts may not conceal or fail to disclose any such event with the intent of securing such a payment that the person is not authorized to receive or securing such a payment in an amount greater than the amount that the person is authorized to receive.

g n v; '

"(b) CRIMINAL PENALTY FOR VIOLATION OF PROHIBITION.—Any

person who violates the prohibition established in subsection (a) may for each violation be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. NONDISCRIMINATION

42 USC 290CC-34. 42 USC 6101 note. 29 USC 794. 20 USC 1681.

"SEC. 534. (a) IN GENERAL.—

"(1) For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964, programs and activities funded in whole or in part with funds made available under this part shall be considered to be ^ programs and activities receiving Federal financial assistance. "(2) No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be
 * .i.. subjected to discrimination under, any program or activity

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Page:United States Statutes at Large Volume 101 Part 1.djvu/553

 PUBLIC LAW 100-77—JULY 22, 1987

101 STAT. 523

funded in whole or in part with funds made available under this part. '(b) ENFORCEMENT.—

"(1) Whenever the Secretary finds that a State, or an entity that has received a payment pursuant to section 521(a), has failed to comply with a provision of law referred to in subsection (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and request the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary may— "(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; "(B) exercise the powers and functions provided by the Age Discrimination Act of 1975, section 504 of the Rehabilitation Act of 1973, or title VI of the Civil Rights Act of 1964, as may be applicable; or "(C) take such other actions as may be authorized by law. "(2) When a matter is referred to the Attorney General pursuant to paragraph (1)(A), or whenever the Attorney General has reason to believe that a State or an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of subsection (a)(2), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

42 USC 6101 note. 29 USC 794. 42 USC 2000d.

AUTHORIZATIONS OF APPROPRIATIONS

"SEC. 535. There are authorized to be appropriated to carry out 42USe290cc-35. this part $35,000,000 for fiscal year 1987 and such sums as may be necessary for fiscal year 1988. DEFINITIONS

"SEC. 536. For purposes of this part: 42USe290cc-36. "(1) The term 'homeless individual' has the meaning given such term in section 340(q)(2). "(2) The term 'primary health services' has the meaning given such term in section 330(b)(1). "(3) The term 'State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. "(4) The term 'substance abuse' means the abuse of alcohol or other drugs.". SEC. 612. COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROJECTS FOR HOMELESS INDIVIDUALS WHO ARE CHRONICALLY MENTALLY ILL.

42 USC 290aa-3 note.

(a) IN GENERAL.—There is authorized to be appropriated for payments pursuant to section 504(f) of the Public Health Service Act 42 USC 290aa-3. $10,000,000 for fiscal year 1987, in addition to any other amounts appropriated for such payments for such fiscal year. Such additional amounts shall be available only for the provision of communitybased mental health services to homeless individuals who are chronically mentally ill.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/554

 101 STAT. 524

PUBLIC LAW 100-77—JULY 22, 1987

(b) AvAiLABiliTY.—Amounts paid to a grantee under section 504(f) pursuant to subsection (a) remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the grantee during the succeeding fiscal year for the purposes for which the payments were made.

Contracts.

'

J>,~r.-;^0^^.\3'JSi.

m9 r^'is-i

SEC. 613. COMMUNITY DEMONSTRATION PROJECTS FOR ALCOHOL AND DRUG ABUSE TREATMENT OF HOMELESS INDIVIDUALS. (a) IN GENERAL.—Section 512 of the Public Health Service Act (42 U.S.C. 290bb-la) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c)(1) The Secretary, acting through the Director of the Institute, may make grants to, and enter into contracts and cooperative agreements with, community-based public and private nonprofit entities for the purpose of developing and expanding alcohol and drug abuse treatment services for homeless individuals. In carrying out this subsection, the Director shall consult with the Director of the National Institute on Drug Abuse. "(2) Amounts paid to a grantee pursuant to paragraph (1) remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the grantee during the succeeding fiscal year for the purposes for which the grants were made.". (b) LIMITATION ON AUTHORITY TO MAKE GRANTS.—Section 512(d) of the Public Health Service Act (as redesignated in subsection (a) of this section) is amended by striking "subsection (a)" and inserting "subsection (a) or (c)". (c) AUTHORIZATION OF APPROPRIATIONS.—Section 513 of the Public Health Service Act (42 U.S.C. 290bb-2) is amended— (1) by inserting "(a)" after "513."; and (2) by adding at the end the following new subsection: "(b) There is authorized to be appropriated to carry out section 512(c) $10,000,000 for fiscal year 1987.".

TITLE VII—EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS Subtitle A—Adult Education for the Homeless SEC. 701. AMENDMENT TO ADULT EDUCATION ACT. (a) STATE PLANS.—Section 306(b) of the Adult Education Act (20

 * &j:Se-;

 * i:i»

3? a

-£;i,fK: jtii); < ^

U.S.C. 1205(b)) is amended— (l) in paragraph (1), by inserting "homeless adults," after "English language skills,"; (2) in paragraph (7), by inserting "organizations providing assistance to the homeless," after "antipoverty programs,"; and (3) in paragraph (8), by inserting "homeless: adults," after "English language skills,". (b) RESEARCH AND DEMONSTRATION.—Section 309(a)(l)(A) of the Adult Education Act (20 U.S.C. 1207a(a)(l)(A)) is amended— (1) by inserting "homeless adults," before "elderly"; and (2) by inserting a comma after "individuals". f: ~ ,:

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Page:United States Statutes at Large Volume 101 Part 1.djvu/555

 101 STAT. 525

PUBLIC LAW 100-77—JULY 22, 1987

42 USC 11421.

SEC. 702. STATEWIDE LITERACY INITIATIVES.

(a) GENERAL AUTHORITY.—The Secretary of Education shall make Grants, grants to State educational agencies to enable each such agency to develop a plan and implement a program of literacy training and basic skills remediation for adult homeless individuals within the State, which shall— (1) include a program of outreach activities; and (2) be coordinated with existing resources such as communitybased organizations, VISTA recipients, adult basic education program recipients, and nonprofit literacy-action organizations. _, (b) APPLICATION.—Each State educational agency desiring to re'^' ceive its allocation under this section shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may reasonably require,

=^ic:5.

(c) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.—

(1) There are authorized to be appropriated $7,500,000 for fiscal year 1987 and $10,000,000 for fiscal year 1988, for the adult literacy and basic skills remediation programs authorized by this section. (2) The Secretary of Education shall distribute funds to States on the basis of the assessments of the homeless population in the States made in the comprehensive plans submitted under this Act, except that no State shall receive less than $75,000 under this section. (d) DEFINITION,—As used in this section, the term "State" means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

• '

arjT/iJc-jJ!

Subtitle B—Education for Homeless Children and Youth SEC. 72L STATEMENT OF POLICY.

42 USC 11431.

It is the policy of the Congress that— (1) each State educational agency shall assure that each child of a homeless individual and each homeless youth have access to a free, appropriate public education which would be provided to the children of a resident of a State and is consistent with the State school attendance laws; and (2) in any State that has a residency requirement as a component of its compulsory school attendance laws, the State will review and undertake steps to revise such laws to assure that the children of homeless individuals and homeless youth are afforded a free and appropriate public education. SEC. 722. GRANTS FOR STATE ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. (a) GENERAL AUTHORITY.—The Secretary of Education

is, in

accordance with the provisions of this section, authorized to make grants to States to carry out the activities described in subsections (c), (d), and (e). 0)) ALLOCATION.—From the amounts appropriated for each fiscal year pursuant to subsection (g), the Secretary shall allot to each State an amount which bears the same ratio to the amount appropriated in each such year as the amount allocated under section 111

42 USC 11432.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/556

 101 STAT. 526

20 USC 3801 note.

Establishment.

Schools and colleges.

Reports.

PUBLIC LAW 100-77—JULY 22, 1987

of the Elementary and Secondary Education Act of 1965 (as incorporated by reference in chapter 1 of the Education Consolidation and Improvement Act of 1981) to the local educational agencies in the State in that year bears to the total amount allocated to such agencies in all States, except that no State shall receive less than $50,000 in any fiscal year. (c) AUTHORIZED ACTIVITIES.—Grants under this section shall be used— (1) to carry out the policies set forth in section 721 in the State; (2) to establish or designate an Office of Coordinator of Education of Homeless Children and Youth in accordance with subsection (d); and (3) to prepare and carry out the State plan described in subsection (e). (d) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator of Education of Homeless Children and Youth established in each State shall— (1) gather data on the number and location of homeless children and youth in the State, and such data gathering shall include the nature and extent of problems of access to, and placement of, homeless children and homeless youth in elementary and secondary schools, and the difficulties in identifying the special needs of such children; (2) develop and carry out the State plan described in subsection (e); and (3) prepare and submit to the Secretary an interim report not later than December 31, 1987, and a final report not later than December 31, 1988, on the data gathered pursuant to paragraph (1). To the extent that reliable current data is available in the State, each coordinator described in this subsection may use such data to fulfill the requirements of paragraph (1). (e) STATE PLAN.—

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(1) Each State shall adopt a plan to provide for the education of each homeless child or homeless youth within the State which will contain provisions designed to— (A) authorize the State educational agency, the local educational agency, the parent or guardian of the homeless child, the homeless youth, or the applicable social worker to make the determinations required under this section; and (B) provide procedures for the resolution of disputes regarding the educational placement of homeless children and youth. (2) Each plan adopted under this subsection shall assure, to the extent practicable under requirements relating to education established by State law, that local educational agencies within -S'M' the State will comply with the requirements of paragraphs (3) through (6). (3) The local educational agency of each homeless child or youth shall either— (A) continue the child's or youth's education in the school district of origin for the remainder of the school year; or (B) enroll the child or youth in the school district where the child or youth is actually living; whichever is in the child's best interest or the youth's best interest.

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(4) The choice regarding placement shall be made regardless •s of whether the child or youth is living with the homeless parents or has been temporarily placed elsewhere by the I- parents. (5) Each homeless child shall be provided services comparable to services offered to other students in the school selected according to the provisions of paragraph (3), including educational services for which the child meets the eligibility criI teria, such as compensatory educational programs for the disadvantaged, and educational programs for the handicapped and for students with limited English proficiency; programs in vocational education; programs for the gifted and talented; and 1 school meals programs. (6) The school records of each homeless child or youth shall be Records, maintained— (A) so that the records are available, in a timely fashion, ....v".M J when a child or youth enters a new school district; and T (B) in a manner consistent with section 438 of the General Education Provisions Act. 20 USC I232g. (f) APPLICATION.—No State may receive a grant under this section unless the State educational agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (g) AUTHORIZATION OF APPROPRIATIONS.—

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(1) There are authorized to be appropriated $5,000,000 for each of the fiscal years 1987 and 1988 to carry out the provisions of this section. (2) Sums appropriated in each fiscal year shall remain available for the succeeding fiscal year.

SEC. 723. EXEMPLARY GRANTS AND DISSEMINATION OF INFORMATION ACTIVITIES AUTHORIZED.

42 USC 11433.

(a) GENERAL AUTHORITY.—

(1) The Secretary shall, from funds appropriated pursuant to subsection (f), make grants for exemplary programs that successfully address the needs of homeless students in elementary and secondary schools of the applicant. (2) The Secretary shall, in accordance with subsection (e), conduct dissemination activities of exemplary programs designed to meet the educational needs of homeless elementary and secondary school students. (b) APPLICANTS.—The Secretary shall make grants to State and local educational agencies for the purpose described in paragraph (1) of subsection (a). (c) EuGiBiliTY FOR GRANTS.—No applicant may receive an exemplary grant under this section unless the applicant is located in a State which has submitted a State plan in accordance with the provisions of section 722. (d) APPLICATION.—Each applicant which desires to receive a demonstration grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each such application shall include— (1) a description of the exemplary program for which assistance is sought;

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/136

 After a walk of half an hour he reached a little village called 'The village of the Industrious Bees.' The road was alive with people running here and there to attend to their business: all were at work, all had something to do. You could not have found an idler or a vagabond, not even if you had searched for him with a lighted lamp.

'Ah!' said that lazy Pinocchio at once, 'I see that this village will never suit me! I wasn't born to work!'

In the meanwhile he was tormented by hunger, for he had eaten nothing for twenty-four hours—not even vetch. What was he to do?

There were only two ways by which he could obtain food—either by asking for a little work, or by begging for a halfpenny or for a mouthful of bread.

He was ashamed to beg, for his father had always preached to him that no one had a right to beg except the aged and the infirm. The really poor in this world, deserving of compassion and assistance, are only those who from age or sickness are no longer able to earn their own bread with the labour of their hands. It is the duty of every one else to work; and if they will not work, so much the worse for them if they suffer from hunger.

At that moment a man came down the


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 101 STAT. 528

PUBLIC LAW 100-77—JULY 22, 1987 (2) assurances that the applicant will transmit information with respect to the conduct of the program for which assistance is sought; and (3) such additional assurances that the Secretary determines are necessary. (e) DISSEMINATION OF INFORMATION ACTIVITIES.—The Secretary

shall, from funds appropriated pursuant to subsection (f), conduct, directly or indirectly by way of grant, contract, or other arrangement, dissemination activities designed to inform State and local educational agencies of exemplary programs which successfully address the special needs of homeless students. (f) APPROPRIATIONS AUTHORIZED.—There is authorized to be appropriated $2,500,000 for fiscal year 1988 to carry out the provisions of this section. Reports. 42 USC 11434.

SEC. 724. NATIONAL RESPONSIBILITIES.

(a) GENERAL ACCOUNTING OFFICE.—The Comptroller General of the United States shall prepare and submit to the Congress not later than June 30, 1988, a report on the number of homeless children and youth in all States. (b) SECRETARIAL RESPONSIBIUTIES.—

(1) The Secretary shall monitor and review compliance with the provisions of this subtitle in accordance with the provisions of the General Education Provisions Act. (2) The Secretary shall prepare and submit a report to the Congress on the programs and activities authorized by this subtitle at the end of each fiscal year. (3) The Secretary shall compile and submit a report to the ' • ' C o n g r e s s containing the information received from the States pursuant to section 722(d)(3) within 45 days of its receipt. 42 USC 11435.

SEC. 725. DEFINITIONS.

^^.

As used in this subtitle— (1) the term "Secretary" means the Secretary of Education; and (2) the term "State" means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. Emplo3anent and unemployment. 42 USC 11441.

Subtitle C—Job Training for the Homeless SEC. 731. DEMONSTRATION PROGRAM AUTHORIZED.

Grants.

(a) GENERAL AUTHORITY.—The Secretary of Labor shall, from funds appropriated pursuant to section 739, make grants for the Federal share of job training demonstration projects for homeless individuals in accordance with the provisions of this subtitle. (h) CONTRACT AUTHORITY.—The Secretary is authorized to enter into such contracts with State and local public agencies, private nonprofit organizations, private businesses, and other appropriate entities as may be necessary to carry out the provisions of this subtitle.

42 USC 11442.

SEC. 732. STATE COORDINATION WITH DEMONSTRATION GRANT RECIPIENTS.

A State shall describe in the comprehensive plan required under section 401 how the State will coordinate projects conducted within

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a State under this subtitle with other services for homeless individuals assisted under this Act. SEC. 733. APPLICATION.

Each applicant which desires to receive a demonstration grant under this subtitle shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each such application shall include— (1) a description of the activities for which assistance is sought; (2) plans for the coordination and outreach activities, particu2 larly with case managers and care providers, designed to y achieve referral of homeless individuals to the demonstration g.' projects authorized by this subtitle; (3) plans to offer in-shelter outreach and assessment activities and where practicable, pre-employment services, so as to injcrease the participation of homeless individuals in the demonstration project and to contract for, or provide, training services and activities; (4) a description of the standards by which performance may assurances that a preliminary evaluation of the project will be V completed not later than the end of the first year for which assistance is sought; (5) assurances that the recipient of demonstration grants under this subtitle will pay the non-Federal share of the activities for which assistance is sought from non-Federal sources; and (6) such additional Eissurances as the Secretary determines are necessary to insure compliance with the requirements of this subtitle. SEC. 734. AUTHORIZED ACTIVITIES.
 * - be measured under the demonstration project, together with

42 USC 11443.

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42 USC 11444.

Demonstration grants under this subtitle may be used for— (1) basic skills instruction; (2) remedial education activities; (3) basic literacy instruction; V M (4) job search activities; (5) job counseling; "' (6) job preparatory training, including resume writing and s interviewing skills; and (7) any other activities described in section 204 of the Job ': Training Partnership Act which the grant recipient determines 29 USC 1604. will contribute to carrying out the objectives of this subtitle; for homeless individuals. SEC. 735. PAYMENTS; FEDERAL SHARE; LIMITATION.

(a) PAYMENTS.—The Secretary shall pay to each applicant having an application approved under section 733 the Federal share of the cost of activities described in the application. (b) FEDERAL SHARE.—

(I)(A) The Federal share for each fiscal year shall be not less than 50 percent nor more than 90 percent. (B) The Federal share shall be determined by the Secretary for each recipient under this subtitle based upon the ability of

42 USC 11445.

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PUBLIC LAW 100-77—JULY 22, 1987

the recipient to meet the non-Federal share of the cost of the program for which assistance is sought. (2) The non-Federal share of payments under this subtitle - i;> 7i may be in cash or in kind fairly evaluated, including plant equipment or services. Grants. (c) LIMITATION.—The Secretary may not make grants in any State in an aggregate in excess of 15 percent of the amount appropriated to carry out this subtitle in each fiscal year. 42 USC 11446. SEC. 736. EVALUATION. (a) DEMONSTRATION PROJECT RESPONSIBILITY.—The Secretary shall evaluate each project assisted under this subtitle at the end of the first fiscal year for which funds are appropriated under this subtitle. The Secretary shall submit the findings of the evaluations to the Reports. Interagency Council. Not later than 6 months before the termination date specified in section 741, the Secretary shall prepare and submit a final report of the evaluations required by this subsection to the President, to the Congress, and to the Interagency Council. (b) CONTENTS OF EVALUATIONS.—Each evaluation required by this section shall include— (1) the number of homeless individuals served; (2) the number of homeless individuals placed in jobs; (3) the average length of training time under the project; (4) the average training cost under the project; and (5) the average retention rate of placements of homeless individuals after training with assistance made under this subtitle. (c) EVALUATION BY INTERAGENCY COUNCIL.—

Reports.

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42 USC 11447.

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42 USC 11448.

(1) The Interagency Council shall evaluate each project receiving assistance under this subtitle. «^' (2) The Interagency Council shall prepare and publish a 0 report of its findings in the annual report of the Council. The evaluation of the demonstration projects authorized by this subtitle shall include a determination of the relative effectiveness of programs assisted under this subtitle together with recommendations, including recommendations for legislation, to the Congress on job training programs for homeless individuals to be established on a national basis. SEC. 737. DEFINITIONS.

As used in this subtitle— (1) the term "applicant" means public agencies, private nonprofit organizations, private businesses, and other appropriate t*i? entities; (2) the term "Interagency Council" means the Interagency Council on the Homeless; (3) the term "local public agency" means any public agency of a general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general cor<,i:. porate and police powers; jj; i (4) the term "Secretary" means the Secretary of Labor; and (5) the term "State" means each of the several States and the District of Columbia. SEC. 738. HOMELESS VETERANS' REINTEGRATION PROJECTS.

(a) GENERAL AUTHORITY.—The Secretary, using funds appropriated and made available for the purpose of carrying out this

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section, shall conduct, directly or through grant or contract, such programs as the Secretary determines appropriate to expedite the reintegration of homeless veterans into the labor force. Notwithstanding any other provision of law, the amount so appropriated shall be available for distribution in such manner as the Assistant Secretary of Labor for Veterans' Employment and Training considers appropriate and shall remain available until expended. (b) AUTHORITY TO MONITOR THE EXPENDITURE OF FUNDS.—The

Secretary is authorized to obtain such information as the Secretary considers appropriate to enable the Secretary to monitor and evaluate the distribution and expenditure of funds appropriated pursuant to the authorization contained in subsection (a). Such information shall be furnished to the Secretary in such form as the Secretary considers appropriate for the purpose of this subsection. (c) ADMINISTRATION THROUGH THE ASSISTANT SECRETARY OF LABOR FOR VETERANS' EMPLOYMENT AND TRAINING.—The Secretary shall

/ ^

administer the program provided for by this section through the Assistant Secretary of Labor for Veterans' Employment and Training. (d) DEFINITION.—As used in this section, the term "homeless veteran" means a homeless individual who is a veteran within the meaning of section 101(2) of title 38, United States Code. SEC. 739. AUTHORIZATION OF FUNDS.

APPROPRIATIONS; AVAILABILITY OF

42 USC 11449.

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) There is authorized to be appropriated $12,000,000 for fiscal year 1988 to carry out the provisions of this subtitle, of which $2,000,000 shall be available only for the purpose of carrying out section 738. (2) If in fiscal year 1988 the appropriation is less than $12,000,000 to carry out the provisions of this subtitle, the amount available in such fiscal year for the programs under this subtitle other than section 738 and for the program under section 738 shall be ratably reduced. (3) Nothing in this subtitle shall be construed to require the Secretary to carry out the provisions of this subtitle from funds appropriated for programs other than funds appropriated for this subtitle. (b) AVAILABILITY OF FUNDS.—Funds obligated for any fiscal year may be expended by each recipient during that fiscal year and the succeeding fiscal year. SEC. 740. AMENDMENTS TO THE JOB TRAINING PARTNERSHIP ACT.

(a) DEFINITION.—Section 4(8) of the Job Training Partnership Act (29 U.S.C. 1503(8)) is amended— (1) by redesignating clauses (D) and (E) as clauses (E) and (F), respectively; and (2) by inserting after clause (C) the following: "(D) qualifies as a homeless individual under section 103 of the Stewart B. McKinney Homeless Assistance Act;". (b) SERVICE REQUIREMENT.—Section 141(e) of the Job Training Partnership Act (29 U.S.C. 1551(e)) is amended by inserting before the period at the end the following: ", including exceptions necessary to permit services to homeless individuals who cannot prove residence within the service delivery area".

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PUBLIC LAW 100-77—JULY 22, 1987

SEC. 741. TERMINATION.

The provisions of this subtitle other than section 740 shall terminate on October 1, 1990.

' Subtitle D—Emergency Community Services Homeless Grant Program 42 USC 11461.

SEC. 751. ESTABLISHMENT OF PROGRAM.

referred to as the "Secretary") shall carry out an emergency community services homeless grant program through the Office of Community Services of the Department of Health and Human Services. State and local governments. 42 USC 11462.
 * The Secretary of Health and Human Services (in this subtitle

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Grants. State and local governments. 42 USC 11463.

SEC. 752. ALLOCATION OF GRANTS.

(a) GENERAL ALLOCATION PROCEDURE.—From the amounts made available under this subtitle, the Secretary shall make grants to States that administer programs under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). Such grants shall be allocated to the States in accordance with the formula set forth in section 674(a)(l) of such Act (42 U.S.C. 9903(a)(l)). (b) ALTERNATE ALLOCATION PROCEDURE.—If a State does not apply for a grant or does not submit an approvable application for a grant under this subtitle, the Secretary shall use the amounts made available under this subtitle to make grants directly to agencies and organizations in such State in accordance with the criteria set forth in section 753(b)(l). SEC. 753. PROGRAM REQUIREMENTS.

-'

(a) APPLICATION.—In order to receive a grant under this subtitle, a State shall submit an application to the Secretary in such form and at such time as the Secretary may require. Sucn application shall describe the agencies, organizations, and activities that the State intends to support with the amounts received. (b) ASSURANCES.—In order to receive a grant under this subtitle, a State shall ensure that— (I)(A) it will award all of the amounts it receives to— (i) community action agencies that are eligible to receive •Si amounts under section 675(c)(2)(A) of the Community Services Block Grant Act (42 U.S.C. 9904(c)(2)(A)); (ii) organizations serving migrant and seasonal farmworkers; and (iii) any organization to which a State, that applied for 98-139, made a grant under the Community Services Block ^V Grant Act (42 U.S.C. 9901 et seq.) for fiscal year 1984; and (B) not less than 90 percent of the amounts received shall be awarded to such agencies and organizations that, as of January 1, 1987, are providing services to meet the critically urgent needs of homeless individuals; (2) no amount received under this subtitle will be used to supplant other programs for homeless individuals administered by the State; and (3) no amount received under this subtitle will be used to defray State administrative costs.
 * . and received a waiver from the Secretary under Public Law

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(c) EuGiBLE USE OF FUNDS.—Amounts awarded under this subtitle may be used only for the following purposes: (1) Expansion of comprehensive services to homeless individuals to provide follow-up and long-term services to enable homeless individuals to make the transition out of poverty. (2) Provision of assistance in obtaining social and maintenance services and income support services for homeless individuals. (3) Promotion of private sector and other assistance to homeless individuals. SEC. 754. AUTHORIZATION OF APPROPRIATIONS.

42 USC 11464.

There are authorized to be appropriated to carry out this subtitle $40,000,000 for each of the fiscal years 1987 and 1988.

Subtitle E—Miscellaneous Provisions SEC. 761. STUDY OF YOUTH HOMELESSNESS.

42 USC 11471.

(a) AUTHORIZATION.—The Secretary of Health and Humem Serv- Grants, ices may make demonstration grants to a qualified applicant for a special research project to study the underlying causes of youth homelessness. (b) FUNDING.—The Secretary of Health and Human Services shall make available not to exceed $50,000 of the funds appropriated under section 426 of the Social Security Act for fiscal year 1987 for 42 USC 626. the purpose of making a grant under this section. SEC. 762. SET-ASIDES FOR NATIVE AMERICANS.

42 USC 11472.

(a) IN GENERAL.—Not less than 1.5 percent of the funds provided under this title for each of the following programs shall be allocated to Indian tribes: (1) The job training demonstration program established in section 731. (2) The emergency community services homeless grant program established in section 751. 0)) DEFINITION.—For purposes of this section, the term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alsiska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), that is recognized by 43 USC 1601 the Federal Government as eligible for special programs and serv- note, ices provided to Indians because of their status as Indians.
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TITLE VIII—FOOD ASSISTANCE FOR THE HOMELESS Subtitle A—Food Stamp Program SEC. 801. DEFINITION OF HOMELESS INDIVIDUAL.

Section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012) is amended by adding at the end thereof the following new subsection: "(s) 'Homeless individual' means— "(1) an individual who lacks a fixed and regular nighttime residence; or

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PUBLIC LAW 100-77—JULY 22, 1987

"(2) an individual who has a primary nighttime residence that is— "(A) a supervised publicly or privately operated shelter (including a welfare hotel or congregate shelter) designed to provide temporary living accommodations; "(B) an institution that provides a temporary residence ' for individuals intended to be institutionalized; "(C) a temporary accommodation in the residence of an^^^^ other individual; or "(D) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.". SEC. 802. DEFINITION OF HOUSEHOLD.

(a) REVISION OF DEFINITION.—The first sentence of section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended— (1) by striking out "or (2)" and inserting in lieu thereof "(2)"; (2) by inserting before the semicolon the following: ", or (3) a .5: • ^ parent of minor children and that parent's children (notwith^j,^ standing the presence in the home of any other persons, including parents and siblings of the parent with minor children) who customarily purchase food and prepare meals for home consumption separate from other persons, except that the certification of a household as a separate household under this clause shall be reexamined no less frequently than once every 6 j^, months"; and (3) by inserting "(other than as provided in clause (3))" after "except that". 7 USC 2012 note. (b) EFFECTIVE DATE.—The amendments made by this section shall become effective on October 1, 1987. SEC. 803. ANNUAL ADJUSTMENT OF INCOME ELIGIBILITY STANDARDS.

(a) DATE OF ANNUAL ADJUSTMENT.—Section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) is amended by inserting "shall be adjusted each October 1 and" after "eligibility" the first place it appears. 7 USC 2014 note. (b) EFFECTIVE DATE.—The amendment made by this section shall become effective on July 1, 1988. SEC. 804. ANNUAL ADJUSTMENTS TO THE STANDARD DEDUCTION.

(a) REVISION OF DEDUCTION.—The second sentence of section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended— (1) by striking out "and (3)" and inserting in lieu thereof "(3)"; (2) by striking out "each October 1 thereafter" in clause (3) and inserting in lieu thereof "October 1, 1986"; and (3) by inserting before the period at the end thereof the following: ", and (4) on October 1, 1987, and each October 1 thereafter, to the nearest lower dollar increment to reflect changes in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, for items other than food, for the twelve months ending the preceding June 30". 7 USC 2014 note. (b) EFFECTIVE DATE.—The amendments made by this section shall become effective on October 1, 1987. SEC. 805. INELIGIBILITY FOR EARNED INCOME DEDUCTION.

(a) INELIGIBILITY FOR THE DEDUCTION.—The third sentence of section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended

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by inserting before the period at the end the following: ", except that such additional deduction shall not be allowed with respect to earned income that a household willfully or fraudulently fails (as proven in a proceeding provided for in section 6(b)) to report in a 7 USC 2015. timely manner", (b) EFFECTIVE DATE AND APPLICATION.— 7 USC 2014 note. (1) The amendment made by this section shall become effective and shall be implemented 45 days after the date of enactment of this Act. (2) The amendment made by this section shall not apply with respect to allotments issued under the Food Stamp Act of 1977 to any household for any month beginning before the effective date of the amendment. SEC. 806. EXCESS SHELTER EXPENSE.

(a) REVISION OF DEDUCTION.—The proviso to the fourth sentence of section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended by striking out "That the amount of such" and all that follows through the end of the sentence and inserting in lieu thereof the following: "That the amount of such excess shelter expense deduction shall not exceed $164 a month in the forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States $285, $234, $199, and $121 a month, respectively, adjusted on October 1, 1988, and on each October 1 thereafter, to the nearest lower dollar increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the twelve months ending the preceding June 30.". (b) EFFECTIVE DATE AND APPLICATION.— (1) The amendment made by this section shall become effective on October 1, 1987. (2) The amendment made by this section shall not apply with respect to an allotment issued under the Food Stamp Act of 1977 to a household for a certification period beginning before October 1, 1987.

District of Columbia. Alaska. Hawaii. Guam. Virgin Islands.

7 USC 2014 note.

7 USC 2011 note.

SEC. 807. THIRD PARTY PAYMENTS FOR CERTAIN HOUSING.

(a) EXCLUSION FROM INCOME.—Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)(2)) is amended— (1) in subparagraph (D), by striking out "or" at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph: "(E) housing assistance payments made to a third party on behalf of a household residing in temporary housing if the temporary housing unit provided for the household as a result of such assistance payments lacks facilities for the preparation and cooking of hot meals or the refrigerated storage of food for home consumption; or". (b) EFFECTIVE DATES AND APPLICATION.— (1) The amendments made by this section shall be effective and shall be implemented for the period beginning 90 days after

7 USC 2014 note.

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