Public Law 100-85, 101 Stat. 551
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, "16 USC 90 note" That
the North Cascades National Park, Washington, is hereby dedicated to
Senator Henry M. Jackson in recognition of his leadership in
establishing the North Cascades National Park, his outstanding
contributions to the National Park System, the National Wilderness
Preservation System, and to the protection and preservation of our great
natural resources for the benefit of the people of the United States for
all time.
SEC. 2. In order to carry out the provisions of this Act, "16 USC 90
note" the Secretary of the Interior is authorized and directed to
provide such identification by signs, including, but not limited to
changes in existing signs, materials, maps, markers, interpretive
programs, or other means as will adequately inform the public of the
contributions of Henry M. Jackson.
SEC. 3. "16 USC 90 note" The Secretary of the Interior is further
authorized and directed to cause to be erected and maintained, within
the boundaries of the North Cascades National Park, an appropriate
memorial to Henry M. Jackson. Such memorial shall include but not be
limited to an appropriate permanent marker describing the contributions
of Henry M. Jackson to the Nation.
SEC. 4. There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. "16 USC 90 note"
Approved August 10, 1987.
LEGISLATIVE HISTORY -- S. 958:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 9, considered and passed
Senate. July 27, considered and passed House.
Public Law 100-84, 101 Stat. 550
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That during the period
beginning on the date of the enactment of this Act "31 USC 3101 note"
and ending on September 23, 1987, the public debt limit set forth in
subsection (b) of section 3101 of title 31, United States Code, shall be
equal to $2,352,000,000,000.
Approved August 10, 1987.
LEGISLATIVE HISTORY -- H.R. 3190:
CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 7, considered and passed
House and Senate.
Public Law 100-83, 101 Stat. 549
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That upon retirement
from service as the Librarian of Congress, Daniel J. Boorstin, who has
held that position since November 12, 1975, may be known as the
Librarian of Congress Emeritus. Such honorary designation shall not
constitute an appointment in the civil service, as defined in section
2101 of title 5, United States Code.
Sec. 2. In connection with his activities as Librarian of Congress
Emeritus, Daniel J. Boorstin may receive incidental administrative and
clerical support through the Library of Congress.
Approved August 4, 1987.
LEGISLATIVE HISTORY -- S. 1020 (H.J. Res. 291):
HOUSE REPORTS: No. 100-215 accompanying H.J. Res. 291 (Comm. on
House Administration).
SENATE REPORTS: No. 100-54 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 133 (1987): May 12, considered and passed
Senate. July 21, H.J. Res. 291 considered and passed House;
proceedings vacated and S. 1020, amended, passed in lieu. July 22,
Senate concurred in House amendments.
Public Law 100-82, 101 Stat. 545
Whereas August 1, 1987, will be the twelfth anniversary of the
signing of the Final Act of the Conference on Security and Cooperation
in Europe (hereafter in this preamble referred to as the "Helsinki
Accords");
Whereas on August 1, 1975, the Helsinki Accords were agreed to by the
Governments of Austria, Belgium, Bulgaria, Canada, Cyprus,
Czechoslovakia, Denmark, Finland, France, the German Democratic
Republic, the Federal Republic of Germany, Greece, the Holy See,
Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta,
Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino,
Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist
Republics, the United Kingdom, the United States of America, and
Yugoslavia;
Whereas the participating States have committed themselves to
balanced progress in all areas of the Helsinki Accords;
Whereas the Helsinki Accords express the commitment of the
participating States to "recognize the universal significance of human
rights and fundamental freedoms, respect for which is an essential
factor for the peace, justice and well-being necessary to ensure the
development of friendly relations and cooperation among themselves as
among all States";
Whereas the Helsinki Accords also express the commitment of the
participating States to "respect human rights and fundamental freedoms,
including the freedom of thought, conscience, religion or belief, for
all without distinction as to race, sex, language or religion";
Whereas the Helsinki Accords also express the commitment of the
participating States to "promote and encourage the effective exercise of
civil, political, economic, social, cultural and other rights and
freedoms all of which derive from the inherent dignity of the human
person and are essential for his free and full development";
Whereas the Helsinki Accords also express the commitment of the
participating States to "recognize and respect the freedom of the
individual to profess and practise, alone or in community with others,
religion or belief acting in accordance with the dictates of his own
conscience";
Whereas the Helsinki Accords also express the commitment of the
participating States in whose territory national minorities to "respect
the right of persons belonging to such minorities to equality before the
law" and that such States "will afford them the full opportunity for the
actual enjoyment of human rights and fundamental freedoms and will, in
this manner, protect their legimate interests in this sphere";
Whereas the Helsinki Accords also express the commitment of the
participating States to "constantly respect these rights and freedoms in
their mutual relations" and that such States "will endeavor jointly and
separately, including in cooperation with the United Nations, to promote
universal and effective respect for them";
Whereas the Helsinki Accords also express the commitment of the
participating States to "confirm the right of the individual to know and
act upon his rights and duties in this field";
Whereas the Helsinki Accords also express the commitment of the
participating States in the field of human rights and fundamental
freedoms to "act "59 Stat. 1031" in conformity with the purposes and
principles of the Charter of the United Nations and with the Universal
Declaration of Human Rights" and to "fulfill their obligations as set
forth in the international declarations and agreements in this field,
including inter alia the International Covenants on Human Rights, by
which they may be bound";
Whereas the Helsinki Accords also express the commitment of the
participating States to guarantee the right of the individual to leave
his own country and return to such country;
Whereas the Helsinki Accords also express the commitment of the
participating States to "facilitate freer movement and contacts,
individually and collectively, whether privately or officially, among
persons, institutions and organizations of the participating States, and
to contribute to the solution of the humanitarian problems that arise in
that connection";
Whereas the Helsinki Accords also express the commitment of the
participating States to "favorably consider applications for travel with
the purpose of allowing persons to enter or leave their territory
temporarily, and on a regular basis if desired, in order to visit
members of their families";
Whereas the Helsinki Accords also express the commitment of the
participating States to "deal in a positive and humanitarian spirit with
the applications of persons who wish to be reunited with members of
their family" and "to deal with applications in this field as
expeditiously as possible";
Whereas the Helsinki Accords also express the commitment of the
participating States to "examine favorably and on the basis of
humanitarian considerations requests for exit or entry permits from
persons who have decided to marry a citizen from another participating
State";
Whereas the Helsinki Accords also express the commitment of the
participating States to "facilitate wider travel by their citizens for
personal or professional reasons";
Whereas the Governments of the Union of Soviet Socialist Republics,
Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary,
Poland, and Romania, in agreeing to the Helsinki Accords, have
acknowledged an adherence to the principles of human rights and
fundamental freedoms as embodied in the Helsinki Accords;
Whereas in varying degrees the aforementioned Governments consciously
and systematically have violated their commitments to the Helsinki
Accords by denying individuals their inherent rights to freedom of
religion, thought, conscience, and belief;
Whereas in varying degrees the aforementioned Governments consciously
and systemically have violated their commitments to the Helsinki Accords
by restricting the free movement of people, ideas, and information;
Whereas in November 1986 representatives from the signatory States
convened in Vienna to review implementation of the Helsinki Accords,
including the human rights and humanitarian provisions; and
Whereas the Vienna meeting has presented important opportunites to
address issues of compliance with the human rights and humanitarian
provisions of the Helsinki Accords: Now therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That --
(1) August 1, 1987, the twelfth anniversary of the signing of
the Helsinki Accords is designated as "Helsinki Human Rights Day";
(2) the President is authorized and requested to issue a
proclamation reasserting the American commitment to full
implementation of the human rights and humanitarian provisions of
the Helsinki Accords, urging all signatory nations to abide by
their obligations under the Helsinki Accords, and encouraging the
people of the United States to join the President and Congress in
observance of Helsinki Human Rights Day with appropriate programs,
ceremonies, and activities;
(3) the President is further requested to continue his efforts
to achieve full implementation of the human rights provisions of
the Helsinki Accords by raising the issue of noncompliance with
the Governments of the Soviet Union, Bulgaria, Czechoslavakia, the
German Democratic Republic, Hungary, Poland, and Romania at every
available opportunity;
(4) the President is further requested to convey to all
signatories of the Helsinki Accords that respect for human rights
and fundamental freedoms is a vital element of further progress in
the ongoing Helsinki process;
(5) the President is authorized to convey to allies and friends
of the United States that unity on the question of respect for
human rights and fundamental freedoms is the most effective means
to promote the full implementation of the human rights and
humanitarian provisions of the Helsinki Accords;
(6) the President is further requested to continue his efforts
to achieve the release of all political prisoners of the Soviet
Union, including Helsinki monitors, the significant increase in
Soviet emigration, the resolution of all family reunification
cases, and the cessation of radio transmission jamming;
(7) the President is further requested to seek the inclusion,
in any concluding document agreed to in Vienna, of a mechanism to
assure that human rights progress is sustained following the
conclusion of the Vienna Conference on Security and Cooperation in
Europe; and
(8) the President is further requested to convey to signatory
States the desire of the United States for a balanced result at
the Vienna meeting that will not favor military security at the
expense of human rights.
SEC. 2. The Secretary of the Senate is directed to transmit copies
of this joint resolution to the President, the Secretary of State, and
the Ambassadors of the thirty-four Helsinki signatory nations.
Approved August 4, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 151:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 5, considered and passed
Senate. July 28, considered and passed House.
Public Law 100-81, 101 Stat. 543
Whereas mental illness is a problem of grave concern and consequence
in American society, though one widely by unnecessarily feared and
misunderstood;
Whereas thirty-one to forty-one million Americans annually suffer
from clearly diagnosable mental disorders involving significant
disability with respect to employment, attendance at school, or
independent living;
Whereas more than ten million Americans are disabled for long periods
of time by schizophrenia, manic depressive disorder, and major
depression;
Whereas between 30 and 50 per centum of the homeless suffer serious,
chronic forms of mental illness;
Whereas alcohol, drug, and mental disorders affect almost 19 per
centum of American adults in any six-month period;
Whereas mental illness in at least twelve million children interferes
with vital development and maturational processes;
Whereas mental disorder-related deaths are estimated to be
thirty-three thousand, with suicide accounting for at least twenty-nine
thousand, although the real number is thought to be at least three times
higher;
Whereas our growing population of the elderly is particularly
vulnerable to mental illness;
Whereas mental disorders result in staggering costs to society,
totalling an estimated $106,200,000,000 in direct treatment and support
and indirect costs to society, including lost productivity;
Whereas mental illness is increasingly a treatable disability with
excellent prospects for amelioration and recovery when properly
recognized;
Whereas families of mentally ill citizens and those persons
themselves have begun to join to self-help groups seeking to combat the
unfair stigma of the diseases, to support greater national investment in
research, and to advocate for an adequate continium of care from
hospital to community;
Whereas in recent years there have been unprecedented major research
developments bringing new methods and technology to the sophisticated
and objective study of the functioning of the brain and its linkages to
both normal and abnormal behavior;
Whereas research in recent decades has led to a wide array of new and
more effective modalities of treatment (both somatic and psychosocial)
for some of the most incapacitating forms of mental illness (including
schizophenia, major affective disorders, phobias, and phobic disorders);
Whereas appropriate treatment of mental illness has been demonstrated
to be cost effective in terms of restored productivity, reduced
utilization of other health services, and lessened social dependence;
and
Whereas recent and unparalleled growth in scientific knowledge about
mental illness has generated the current emergence of a new threshold of
opportunity for future research advances and fruitful application to
specific clinical problems: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of beginning on
October 4, 1987, is designated as "Mental Illness Awareness Week", and
the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such week with
appropriate ceremonies and activities.
Approved July 31, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 76:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 5, considered and passed
Senate. June 21, considered and passed House.
Public Law 100-80, 101 Stat. 542
limit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsection (a)
of the first section of the Act of May 15, 1987, entitled "An Act to
provide for a temporary increase in the public debt limit" (Public Law
100-40) is amended by striking our "July 17, 1987" and inserting in lieu
thereof "August 6, 1987".
(b) The amendment made by subsection (a) shall take effect on the
date of the enactment of this Act. "31 USC 3101 note"
Approved July 30, 1987.
LEGISLATIVE HISTORY -- H.R. 3022:
HOUSE REPORTS: No. 100-244 (Comm. on Ways and Means). CONGRESSIONAL
RECORD, Vol. 133 (1987): July 29, considered and passed House and
Senate.
Public Law 100-79, 101 Stat. 541
Whereas fresh, pure water is inextricably linked to our Nation's
culture and heritage and is an invaluable resource to be cherished and
protected;
Whereas every American should be able to draw upon the abundant
resoucres of our rivers, lakes, streams, and underground water supplies
to enjoy clean and safe drinking water;
Whereas our coastal waters produce a rich bounty of fish and seafood
without equal, and our inland waters nourish an agricultural system that
feeds the world;
Whereas millions of Americans and vistors to our Nation enjoy our
rivers, lakes, streams,and oceans for fishing, swimming, boating, and
other recreation each year;
Whereas the Nation's trade and commerce were built upon our
waterways, and water related jobs bring continued vitality to our
economy; and
Whereas it is important to recognize and appreciate the natural
beauty and wealth that our waterways have to offer us: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 25, 1987, is
designated as "Clean Water Day", and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe that day with appropriate ceremonies and activities.
Approved July 28, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 160:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and
passed Senate. July 21, considered and passed House.
Public Law 100-78, 101 Stat. 539
Whereas the United States of America is a truly unique nation with
diverse landscapes, bountiful resources, a distinctive multiethnic
population, and a rich cultural heritage, all of which contributes to
the status of the United States as a world power;
Whereas geography is the study of people, their environments, and
their resources;
Whereas, historically, geography has aided Americans in understanding
the wholeness of their vast nation and the great abundance of its
natural resources;
Whereas geography today offers perspectives and information in
understanding ourselves, our relationship to the Earth, and our
interdependence with other peoples of the world;
Whereas 20 percent of American elementary school students asked to
locate the United States on a world map placed it in Brazil;
Whereas 95 percent of American college freshmen tested could not
locate Vietnam on a world map;
Whereas 75 percent of Americans responding to a nationwide survey
could not locate El Salvador on a map, while 63 percent could not name
the two nations involved in the SALT talks;
Whereas over 20 percent of American teachers currently teaching
geography have taken no classes in the subject and, therefore, do not
have the training necessary to effectively teach geographic concepts;
Whereas departments of geography are being eliminated from American
institutes of higher learning, thus endangering the discipline of
geography in the United States;
Whereas traditional geography has virtually disappeared from the
curricula of American schools while still being taught as a basic
subject in other countries, including Great Britain, Canada, Japan, and
the Soviet Union;
Whereas an ignorance of geography, foreign languages, and cultures
places the United States at a disadvantage with other countries in
matters of business, politics, and the environment;
Whereas the United States is a nation of worldwide involvements and
global influence, the responsibilities of which demand an understanding
of the lands, languages, and cultures of the world; and
Whereas national attention must be focused on the integral role that
knowledge of world geography plays in preparing citizens of the United
States for the future of an increasingly interdependent and
interconnected world: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period commencing
Novemeber 15, 1987, and ending November 21, 1987, is designed as
"geography Awareness Week", and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe such week with appropriate ceremonies and activities.
Approved July 24, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 88:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 9, considered and passed
Senate. July 14, considered and passed House.
Public Law 100-77, 101 Stat. 482
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 101. "42 USC 11301 note" SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Stewart B.
McKinney Homeless Assistance Act".
(b) TABLE OF CONTENTS. --
Sec. 101. Short title and table of contents.
Sec. 102. Findings and purpose.
Sec. 103. General definition of homeless individual.
Sec. 104. Funding availability and limitations.
Sec. 105. Audits by Comptroller General.
Sec. 201. Establishment.
Sec. 202. Membership.
Sec. 203. Functions.
Sec. 204. Director and staff.
Sec. 205. Powers.
Sec. 206. Transfer of functions.
Sec. 207. Definitions.
Sec. 208. Authorization of appropriations.
Sec. 209. Termination.
Sec. 301. Emergency Food and Shelter Program National Board.
Sec. 302. Local boards.
Sec. 303. Role of Federal Emergency Management Agency.
Sec. 304. Records and audit of National Board and recipients of
assistance.
Sec. 305. Annual report.
Sec. 311. Grants by the Director.
Sec. 312. Retention of interest earned.
Sec. 313. Purposes of grants.
Sec. 314. Limitation on certain costs.
Sec. 315. Disbursement of funds.
Sec. 316. Program guidelines.
Sec. 321. Definitions.
Sec. 322. Authorization of appropriations.
Sec. 401. Requirement for comprehensive homeless assistance plan.
Sec. 411. Definitions.
Sec. 412. Grant assistance.
Sec. 413. Allocation and distribution of assistance.
Sec. 414. Eligible activities.
Sec. 415. Responsibilities of recipients.
Sec. 416. Administrative provisions.
Sec. 417. Authorization of appropriations.
Sec. 421. Establishment of demonstration program.
Sec. 422. Definitions.
Sec. 423. Types of assistance.
Sec. 424. Program requirements.
Sec. 425. Matching funds requirements.
Sec. 426. Guidelines.
Sec. 427. Report to Congress.
Sec. 428. Authorization of appropriations.
Sec. 431. Definitions.
Sec. 432. Supplemental assistance.
Sec. 433. Regulations.
Sec. 434. Authorization of appropriations.
Sec. 441. Section 8 assistance for single room occupancy dwellings.
Sec. 442. Community development block grant amendment.
Sec. 501. Use of underutilized public buildings and property for
facilities to assist the homeless.
Sec. 502. Making surplus personal property available to nonprofit
agencies.
Sec. 601. Establishment of grant program.
Sec. 602. Provision of health services to the homeless by national
health service corps.
Sec. 603. Requirement of certain study with respect to homelessness.
Sec. 611. Establishment of block grant program for services to
homeless individuals who are chronically mentally ill.
Sec. 612. Community mental health services demonstration projects
for homeless individuals who are chronically mentally ill.
Sec. 613. Community demonstration projects for alcohol and drug
abuse treatment of homeless individuals.
Sec. 701. Amendment to Adult Education Act.
Sec. 702. Statewide literacy initiatives.
Sec. 721. Statement of policy.
Sec. 722. Grants for State activities for the education of homeless
children and youth.
Sec. 723. Exemplary grants and dissemintation of information
activities authorized.
Sec. 724. National responsibilities.
Sec. 725. Definitions.
Sec. 731. Demonstration program authorized.
Sec. 732. State coordination with demonstration grant recipients.
Sec. 733. Application.
Sec. 734. Authorized activities.
Sec. 735. Payments; Federal share; limitation.
Sec. 736. Evaluation.
Sec. 737. Definitions.
Sec. 738. Homeless veterans' reintegration projects.
Sec. 739. Authorization of appropriations; availability of funds.
Sec. 740. Amendments to the Job Training Partnership Act.
Sec. 741. Termination.
Sec. 751. Establishment of program.
Sec. 752. Allocation of grants.
Sec. 753. Program requirements.
Sec. 754. Authorization of appropriations.
Sec. 761. Study of youth homelessness.
Sec. 762. Set-asides for Native Americans.
Sec. 801. Definition of homeless individual.
Sec. 802. Definition of household.
Sec. 803. Annual adjustment of income eligibility standards.
Sec. 804. Annual adjustments to the standard deduction.
Sec. 805. Ineligibility for earned income deduction.
Sec. 806. Excess shelter expense.
Sec. 807. Third party payments for certain housing.
Sec. 808. Food stamp information for the homeless.
Sec. 809. Expedited food stamp service.
Sec. 811. Variety of commodities under TEFAP.
Sec. 812. Distribution of surplus flour, cornmeal, and cheese.
Sec. 813. Authorization of appropriations for food storage and
distribution costs under TEFAP.
Sec. 814. Continuation of TEFAP.
Sec. 901. Extension of Veterans' Job Training Act.
SEC. 102. "42 USC 11301" FINDINGS AND PURPOSE.
(a) FINDINGS. -- The Congress finds that --
(1) the Nation faces an immediate and unprecedented crisis due
to the lack of shelter for a growing number of individuals and
families, including elderly persons, handicapped persons, families
with children, Native Americans, and veterans;
(2) the problem of homelessness has become more severe and, in
the absence of more effective efforts, is expected to become
dramatically worse, endangering the lives and safety of the
homeless;
(3) the causes of homelessness are many and complex, and
homeless individuals have diverse needs;
(4) there is no single, simple solution to the problem of
homelessness because of the different subpopulations of the
homeless, the different causes of reasons for homelessness, and
the different needs of homeless individuals;
(5) due to the record increase in homelessness, States, units
of local government, and private voluntary organizations have been
unable to meet the basic human needs of all the homeless and, in
the absence of greater Federal assistance, will be unable to
protect the lives and safety of all the homeless in need of
assistance; and
(6) the Federal Government has a clear responsibility and an
existing capacity to fulfill a more effective and responsible role
to meet the basic human needs and to engender respect for the
human dignity of the homeless.
(b) PURPOSE. -- It is the purpose of this Act --
(1) to establish an Interagency Council on the Homeless;
(2) to use public resources and programs in a more coordinated
manner to meet the critically urgent needs of the homeless of the
Nation; and
(3) to provide funds for programs to assist the homeless, with
special emphasis on elderly persons, handicapped persons, families
with children, Native Americans, and veterans.
SEC. 103. "42 USC 11302" GERANL DEFINITION OF HOMELESS INDIVIDUAL.
(a) IN GENERAL. -- For purposes of this Act, the term "homeless" or
"homeless individual" includes --
(1) an individual who lacks a fixed, regular, and adequate
nighttime residence; and
(2) an individual who has a primary nighttime residence that is
--
(A) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations (including
welfare hotels, congregate shelters, and transitional housing for
the mentally ill);
(B) an institution that provides a temporary residence for
individuals intended to be institutionalized; or
(C) a public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.
(b) INCOME ELIGIBILITY. -- A homeless individual shall be eligible
for assistance under any program provided by this Act, or by the
amendments made by this Act, only if the individual complies with the
income eligibility requirements otherwise applicable to such program.
(c) EXCLUSION. -- For purposes of this Act, the term "homeless" or
"homeless individual" does not include any individual imprisoned or
otherwise detained pursuant to an Act of the Congress or a State law.
SEC. 104. "42 USC 11303" FUNDING AVAILABILITY AND LIMITATIONS.
(a) CALCULATION. -- The amounts authorized in this Act shall be in
addition to any amount appropriated for the programs involved before the
date of the enactment of this Act.
(b) AVAILABILITY UNTIL EXPENDED. -- Any amount appropriated under an
authorization in this Act shall remain available until expended.
(c) LIMITATION. -- Appropriations pursuant to the authorizations in
this Act shall be made in accordance with the provisions of the
Congressional Budget and Impoundment Control Act of 1974, "2 USC 621
note" which prohibits the consideration of any bill that would cause the
dificit to exceed the levels established by the Balanced Budget and
Emergency Dificit Control Act of 1985, "2 USC 901 note" such that it
shall not increase the deficit of the Federal Government for fiscal year
1987.
SEC. 105. "42 USC 11304" AUDITS BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall evaluate the
disbursement and use of the amounts made available by appropriation Acts
under the authorizations in titles III and IV, and submit a report to
the Congress setting forth the findings of such evaluation, upon the
expiration of the 4-month and 12-month periods beginning on the date of
the enactment of this Act.
SEC. 201. "42 USC 11311" ESTABLISHMENT.
There is established in the executive branch an independent
establishment to be known as the Interagency Council on the Homeless.
SEC. 202. "42 USC 11312" MEMBERSHIP.
(a) MEMBERS. -- The Council shall be composed of the following
memebrs:
(1) The Secretary of Agriculture, or the designee of the
Secretary.
(2) The Secretary of Commerce, or the designee of the
Secretary.
(3) The Secretary of Defense, or the designee of the Secretary.
(4) The Secretary of Education, or the designee of the
Secretary.
(5) The Secretary of Energy, or the designee of the Secretary.
(6) The Secretary of Health and Human Services, or the designee
of the Secretary.
(7) The Secretary of Housing and Urban Development, or the
designee of the Secretary.
(8) The Secretary of the Interior, or the designee of the
Secretary.
(9) The Secretary of Labor, or the designee of the Secretary.
(10) The Secretary of Transportation, or the designee of the
Secretary.
(11) The Director of the ACTION Agency, or the designee of the
Director.
(12) The Director of the Federal Emergency Management Agency,
or the designee of the Director.
(13) The Administrator of General Services, or the designee of
the Administrator.
(14) The Postmaster General of the United States, or the
designee of the Postmaster General.
(15) The Administrator of Veterans' Affairs, or the designee of
the Administrator.
(16) The heads of such other Federal agencies as the Council
considers appropriate, or their designess.
(b) CHAIRPERSON. -- The Council shall elect a Chairperson and a Vice
Chairperson from among its members.
(c) MEETINGS. -- The Council shall meet at the call of its
Chairperson or a majority of its members. The first meeting of the
Council shall be held not later than 30 days after the date of the
enactment of this Act.
(d) PROHIBITION OF ADDITIONAL PAY. -- Members of the Council shall
receive no additional pay, allowances, or benefits by reason of their
service on the Council.
SEC. 203. "42 USC 11313" FUNCTIONS.
(a) DUTIES. -- The Council shall --
(1) review all Federal activities and programs to assist
homeless individuals;
(2) take such actions as may be necessary to reduce duplication
among programs and activities by Federal agencies to assist
homeless individuals;
(3) monitor, evaluate, and recommend improvements in programs
and activities to assist homeless individuals conducted by Federal
agencies, State and local governments, and private voluntary
organizations;
(4) provide professional and technical assistance, through
personnel employed by the Council in each of the 10 standard
Federal regions, to States, local governments, and other public
and private nonprofit organizations, in order to enable such
governments and organizations to --
(A) effectively coordinate and maximize resources of existing
programs and activities to assist homeless individuals; and
(B) develop new and innovative programs and activities to
assist homeless individuals;
(5) collect and disseminate information relating to homeless
individuals; and
(6) prepare the annual reports required in subsection (c)(2).
(b) AUTHORITY. -- In carrying out subsection (a), the Council may --
(1) arrange Federal, regional, State, and local conferences for
the purpose of developing and coordinating effective programs and
activities to assist homeless individuals; and
(2) publish a newsletter concerning Federal State, and local
programs that are effectively meeting the needs of homeless
individuals.
(c) REPORTS. --
(1) Within 90 days after the date of the enactment of this Act,
and annually thereafter, the head of each Federal agency that is a
member of the Council shall prepare and transmit to the Congress
and the Council a report that describes --
(A) each program to assist homeless individuals administered by
such agency and the number of homeless individuals served by such
program;
(B) impediments, including any statutory and regulatory
restrictions, to the use by homeless individuals of each such
program and to obtaining services or benefits under each such
programs; and
(C) efforts made by such agency to increase the opportunities
for homeless individuals to obtain shelter, food, and supportive
services.
(2) The Council shall prepare and transmit to the President and
the Congress an annual report that --
(A) assesses the nature and extent of the problems relating to
homelessness and the needs of human individuals;
(B) provides a comprehensive and detailed description of the
activities and accomplishments of the Federal Government in
resolving the problems and meeting the needs assessed pursuant to
subparagraphs (A);
(C) describes the accomplishments and activities of the
Council, in working with Federal, State, and local agencies and
public and private organizations in order to provide assistance to
homeless individuals;
(D) assesses the level of Federal assistance necessary to
adequately resolve the problems and meet the needs assessed
pursuant to subparagraph (A); and
(E) specifies any recommendations of the Council for
appropriate and necessary legislative and administrative actions
to resolve such problems and meet such needs.
(d) NOTIFICATION OF OTHER FEDERAL AGENCIES. -- If, in monitoring and
evaluating programs and activities to assist homeless individuals
conducted by other Federal agencies, the Council determines that any
significant problem, abuse, or deficiency exists in the administration
of the program or activity of any Federal agency, the Council shall
submit a notice of the determination of the Council to the Inspector
General of the Federal agency (or the head of the Federal agency, in the
case of a Federal agency that has no Inspector General).
SEC. 204. "42 USC 11314" DIRECTOR AND STAFF.
(a) DIRECTOR. -- The Council shall appoint an Executive Director,
who shall be compensated at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule under section 5316 of
title 5, United States Code. The Council shall appoint an Executive
Director at the first meeting of the Council held under section 202(c).
(b) ADDITIONAL PERSONNEL. -- With the approval of the Council, the
Executive Director of the Council may appoint and fix the compensation
of such additional personnel as the Executive Director considers
necessary to carry out the duties of the Council.
(c) DETAILS FROM OTHER AGENCIES. -- Under request of the Council,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Council to assist the Council in
carrying out its duties under this title. Upon request of the Council,
the Secretary of Health and Human Services shall detail, on a
reimbursable basis, any of the personnel of the Department of Health and
Human Services who have served the Federal Task Force on the Homeless of
the Department to assist the Council in carrying out its duties under
this title.
(d) ADMINISTRATIVE SUPPORT. -- The Secretary of Housing and Urban
Development shall provide the Council with such administrative and
support services as are necessary to ensure that the Council carries out
its functions under this title in an efficient and expeditious manner.
(e) EXPERTS AND CONSULTANTS. -- With the approval of the Council,
the Executive Director of the Council may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
SEC. 205. "42 USC 11315" POWERS.
(a) MEETINGS. -- For the purpose of carrying out this title, the
Council may hold such meetings, and sit and act at such times and
places, as the Council considers appropriate.
(b) DELEGATION. -- Any member or employees of the Council may, if
authorized by the Council, take any action that the Council is
authorized to take in this title.
(c) INFORMATION. -- The Council may secure directly from any Federal
agency such information as may be necessary to enable the Council to
carry out this title. Upon request of the Chairperson of the Council,
the head of such agency shall furnish such information to the Council.
(d) DONATIONS. -- The Council may accept, use, and dispose of gifts
or donations of services or property.
(e) MAILS. -- The Council may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 206. "42 USC 11316" TRANSFER OF FUNCTIONS.
(a) TRANSFERS FROM HHS TASK FORCE. -- The Council shall be the
successor to the Federal Task Force on the Homeless of the Department of
Health and Human Services. The property, records, and undistributed
program funds of the Task Force shall be transferred to the Council.
(b) TERMINATION OF HHS TASK FORCE. -- The Secretary of Health and
Human Services shall terminate the Federal Task Force on the Homeless of
the Department of Health and Human Services as soon as practicable
following the first meeting of the Council.
SEC. 207. "42 USC 11317" DEFINITIONS.
For purposes of this title:
(1) The term "Council" means the Interagency Council on the
Homeless established in section 201.
(2) The term "Federal agency" has the meaning given the term
"agency" in section 551(t) of title 5, United States Code.
SEC. 208. "42 USC 11318" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$200,000 for fiscal year 1987 and $2,500,000 for fiscal year 1988.
SEC. 209. "42 USC 11319" TERMINATION.
The Council shall cease to exist, and the requirements of this title
shall terminate, upon the expiration of the 3-year period beginning on
the date of the enactment of this Act.
SEC. 301. "42 USC 11331" EMERGENCY FOOD AND SHELTER PROGRAM NATIONAL
BOARD.
(a) ESTABLISHMENT. -- There is established to carry out provisions
of this title the Emergency Good and Shelter Program National Board.
The Director of the Federal Emergency Management Agency shall constitute
the National Board in accordance with subsection (b) in administering
the program under this title.
(b) MEMBERS. -- The National Board shall consist of the Director and
6 members appointed by the Director. The initial members of the
National Board shall be appointed by the Director not later than 30 days
after the date of the enactment of this Act. Each such member shall be
appointed from among individuals nominated by 1 of the following
organizations:
(1) The United Way of America.
(2) The Salvation Army.
(3) The National Council of Churches of Christ in the U.S.A.
(4) Catholic Charities U.S.A.
(5) The Council of Jewish Federations, Inc.
(6) The American Red Cross.
(c) CHAIRPERSON. -- The Director shall be the Chairperson of the
National Board.
(d) OTHER ACTIVITIES. -- Except as otherwise specifically provided
in this title, the National Board shall establish its own procedures and
policies for the conduct of its affairs.
(e) TRANSFERS FROM PREVIOUS NATIONAL BOARD. -- Upon the appointment
of members to the National Board under subsection (b) --
(1) the national board constituted under the energency food and
shelter program established pursuant to section 101(g) of Public
Law 99-500 or Public Law 99-591 shall cease to exist; and "100
Stat. 1783-242, 3341-242".
(2) the personnel, property, records, and undistributed program
funds of such national board shall be transferred to the National
Board.
SEC. 302. LOCAL BOARDS.
(a) ESTABLISHMENT. -- Each locality designated by the National Board
"42 USC 11332" shall constitute a local board for the purpose of
determining how program funds alloted to the locality will be
distributed. The local board shall consist, to the extent practicable,
of representatives of the same organizations as the National Board,
except that the mayor or other appropriate heads of government will
replace the Federal members. The chairperson of the local board shall
be elected by a majority of the members of the local board. Local
boards are encouraged to expand participation of other private nonprofit
organizations on the local board.
(b) RESPONSIBILITIES. -- Each local board shall --
(1) determine which private nonprofit organizations or public
organizations of the local government in the individual locality
shall receive grants to act as service providers;
(2) monitor recipient service providers for program compliance;
(3) reallocate funds among service providers;
(4) ensure proper reporting; and
(5) coordinate with other Federal, State, and local government
assistance programs available in the locality.
SEC. 303. "42 USC 11333" ROLE OF FEDERAL EMERGENCY MANAGEMENT
AGENCY.
(a) IN GENERAL. -- The Director shall provide the National Board
with administrative support and act as Federal liaison to the National
Board.
(b) SPECIFIC SUPPORT ACTIVITIES. -- The Director shall --
(1) make available to the National Board, upon request, the
services of the legal counsel and Inspector General of the Federal
Emergency Management Agency;
(2) assign clerical personnel to the National Board on a
temporary basis; and
(3) conduct audits of the National Board annually and at such
other times as may be appropriate.
SEC. 304. "42 USC 11334" RECORDS AND AUDIT OF NATIONAL BOARD AND
RECIPIENTS OF ASSISTANCE.
(a) ANNUAL INDEPENDENT AUDIT OF NATIONAL BOARD. --
(1) The accounts of the National Board shall be audited
annually in accordance with generally accepted auditing standards
by independent certified public accountants or independent
licensed public accountants certified or licensed by a regulatory
authority of a State or other political subdivision of the United
States. The audits shall be conducted at the place or places
where the accounts of the National Board are normally kept. All
books, accounts, financial records, reports, files, and all other
papers, things, or property belonging to or in use by the National
Board and necessary to facilitate the audits shall be made
available to the person or persons conducting the audits, and full
facilities for verifying transactions with any assets held by
depositories, fiscal agents, and custodians shall be afforded to
such person or persons.
(2) The report of each such independent audit shall be included
in the annual report required in section 305. Such report shall
set forth the scope of the audit and include such statements as
are necessary to present fairly the assets and liabilities of the
National Board, surplus or deficit, with an analysis of the
changes during the year, supplemented in reasonable detail by a
statement of the income and expenses of the National Board during
the year, and a statement of the application of funds, together
with the opinion of the independent auditor of such statements.
(b) ACCESS TO RECORDS OF RECIPIENTS OF ASSISTANCE. --
(1) Each recipient of assistance under this title shall keep
such records as may be reasonably necessary to fully disclose the
amount and the disposition by such recipient of the proceeds of
such assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the
amount and nature of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as
will facilitate an effective audit.
(2) The National Board, or any of its duly authorized
representatives, shall have access for the purpose of audit and
examination to any books, documents, papers, and records of the
recipient that are pertinent to assistance received under this
title.
(c) AUTHORITY OF COMPTROLLER GENERAL. -- The Comptroller General of
the United States, or any of the duly authorized representatives of the
Comptroller General, shall also have access to any books, documents,
papers, and records of the National Board and recipients for such
purpose.
SEC. 305. "42 USC 11335" ANNUAL REPORT.
The National Board shall transmit to the Congress an annual report
covering each year in which it conducts activities with funds made
available under this title.
SEC. 311. GRANTS BY THE DIRECTOR.
Not later than 30 days following the date on which appropriations
become available to carry out this subtitle, "42 USC 11341" the Director
shall award a grant for the full amount that the Congress appropriates
for the program under this subtitle to the National Board for the
purpose of providing emergency food and shelter to needy individuals
through private nonprofit organizations and local governments in
accordance with section 313.
SEC. 312. "42 USC 11342" RETENTION OF INTEREST EARNED.
Interest accrued on the balance of any grant to the National Board
shall be available to the National Board for reallocation, and total
administrative costs shall be determined based on total amount of funds
available, including interest and any private contributions that are
made to the National Board.
SEC. 313. "42 USC 11343" PURPOSES OF GRANTS.
(a) ELIGIBLE ACTIVITIES. -- Grants to the National Board may be used
--
(1) to supplement and expand ongoing efforts to provide
shelter, food, and supportive services for homeless individuals
with sensitivity to the transition from temporary shelter to
permanent homes, and attention to the special needs of homeless
individuals with mental and physical disabilities and illnesses,
and to facilitate access for homeless individuals to other sources
of services and benefits;
(2) to strengthen efforts to create more effective and
innovative local programs by providing funding for them; and
(3) to conduct minimum rehabilitation of existing mass shelter
or mass feeding facilities, but only to the extent necessary to
make facilities safe, sanitary, and bring them into compliance
with local building codes.
(b) LIMITATIONS ON ACTIVITIES. --
(1) The National Board may only provide funding provided under
this subtitle for --
(A) programs undertaken by private nonprofit organizations and
local governments; and
(B) programs that are consistent with the purposes of this
title.
(2) The National Board may not carry out programs directly.
SEC. 314. "42 USC 11344" LIMITATION ON CERTAIN COSTS.
Not more than 5 percent of the total amount appropriated for the
emergency food and shelter program for each fiscal year may be expended
for the costs of administration.
SEC. 315. "42 USC 11345" DISBURSEMENT OF FUNDS.
Any amount made available by appropriation Acts under this title
shall be disbursed by the National Board before the expiration of the
3-month period beginning on the date on which such amount becomes
available.
SEC. 316. "42 USC 11346" PROGRAM GUIDELINES.
(a) GUIDELNIES. -- The National Board shall establish written
guidelines for carrying out the program under this subtitle, including
--
(1) methods for identifying localities with the highest need
for emergency food and shelter assistance;
(2) methods for determining the amount and distribution to such
localities;
(3) eligible program costs, including maximum flexibility in
meeting currently existing needs; and
(4) guidelines specifying the responsibilities and reporting
requirements of the National Board, its recipients, and service
providers.
(b) PUBLICATION. -- Guidelines established under subsection (a)
shall be published annually, and whenever modified, in the Federal
Register. The National Board shall not be subject to the procedural
rulemaking requirements of subchapter II of chapter 5 of title 5, United
States Code. "5 USC 551"
SEC. 321. "42 USC 11351" DEFINITIONS.
For purposes of this title:
(1) The term "Director" means the Director of the Federal
Emergency Management Agency.
(2) The term "emergency shelter" means a facility all or a part
of which is used or designed to be used to provide temporary
housing.
(3) The term "local government" means a unit of general purpose
local government.
(4) The term "locality" means the geographical area within the
jurisdiction of a local government.
(5) The term "National Board" means the Emergency Food and
Shelter Program National Board.
(6) The term "private nonprofit organization" means an
organization --
(A) no part of the net earnings of which inures to the benefit
of any member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has designated a fiscal
agent in accordance with requirements established by the Director;
and
(D) that practices nondiscrimination in the provision of
assistance.
(7) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
SEC. 322. "42 USC 11352" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$15,000,000 for fiscal year 1987 and $124,000,000 for fiscal year 1988.
SEC. 401. "42 USC 11361" REQUIREMENT FOR COMPREHENSIVE HOMELESS
ASSISTANCE PLAN.
(a) PLAN REQUIRED. -- Assistance authorized by this title may be
provided to, or within the jurisdiction of, a State or a metropolitan
city or urban county that is eligible to receive a grant under the
emergency shelter grants program in an amount in excess of the minimum
allocation requirement applicable under section 413(b) only if --
(1) it submits to the Secretary of Housing and Urban
Development (in this subtitle referred to as the "Secretary") a
comprehensive homeless assistance plan (in this subtitle referred
to as the "comprehensive plan"); and
(2) the comprehensive plan is approved by or in accordance with
procedures established by the Secretary;
except that a private nonprofit organization may apply for and
receive assistance under subtitle C or D without regard to such
comprehensive plan approval if the applicable State comprehensive plan
has been approved.
(b) CONTENTS. -- A comprehensive plan submitted under this section
shall contain --
(1) a statement describing the need for assistance under this
title;
(2) a brief inventory of facilities and services that assist
the homeless population within that jurisdiction;
(3) a strategy (A) to match the needs of the homeless
population with available services within that jurisdiction, and
(B) to recognize the special needs of the various types of
homeless individuals, particularly families with children, the
elderly, the mentally ill, and veterans; and
(4) an explanation of how the Federal assistance provided under
this title will complement and enhance the available services.
(c) REVIEW. --
(1) Upon receipt of a comprehensive plan, the Secretary shall
review the comprehensive plan. Not later than 30 days after
receipt, the comprehensive plan shall be approved unless the
Secretary determines that the comprehensive plan plainly does not
satisfy the requirements of subsection (b), in which case the
Secretary shall, not later than 15 days after the Secretary's
determination, inform the State, county, or city of the reasons
for disapproval as well as the steps that need to be taken to make
the comprehensive plan acceptable. If the Secretary fails to
inform the State, county, or city of the reasons for disapproval
within such period, the comprehensive plan shall be deemed to have
been approved.
(2) The Secretary shall permit amendments to, or the
resubmission of, any comprehensive plan that is disapproved.
(d) PERFORMANCE REVIEWS. --
(1) Each State, metropolitan city, and urban county described
in subsection (a) shall review annually the progress it has made
in carrying out its comprehensive plan.
(2) Each State, metropolitan city, and urban county described
in subsection (a) shall report annually to the Secretary the
results of such review. The Secretary shall review the reports
submitted under this paragraph and shall make sure recommendations
as may be appropriate.
(3) Further assistance under this title shall not be made
available to, or within the jurisdiction of, any State,
metropolitan city, or urban county described in subsection (a)
that fails to review and report progress as required by paragraphs
(1) and (2).
(e) PUBLICATION BY NOTICE. -- Not later than 30 days after the date
of enactment of this Act, the Secretary shall by notice establish such
requirements as may be necessary to carry out this subtitle.
(f) APPLICATIONS. -- Any application for assistance under this title
shall contain or be accompanied by a certification by the public
official responsible for submitting a comprehensive plan for the
jurisdiction to be served by the proposed activities that the proposed
activities are consistent with the comprehensive plan.
SEC. 411. "42 USC 11371" DEFINITIONS.
For the purposes of this subtitle:
(1) The term "local government" means a unit of general purpose
local government.
(2) The term "locality" means the geographical area within the
jurisdiction of a local government.
(3) The term "metropolitan city" has the meaning given such
term in section 102 of the Housing and Community Development Act
of 1974. "42 USC 5302"
(4) The term "operating costs" means expenses incurred by a
recipient operating a facility assisted under this subtitle with
respect to --
(A) the administration, maintenance, repair, and security of
such housing; and
(B) utilities, fuels, furnishings, and equipment for such
housing.
(5) The term "private nonprofit organization" means a secular
or religious organization described in section 501(c) "100 Stat.
2095; 26 USC 501" of the Internal Revenue Code of 1986 "26 USC 1"
that is exempt from taxation under subtitle A of such Code, has an
accounting system and a voluntary board, and practices
nondiscrimination in the provision of assistance.
(6) The term "recipient" means any governmental or private
nonprofit entity that is approved by the Secretary as to financial
responsibility.
(7) The term "Secretary" means the Secretary of Housing and
Urban Development.
(8) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
(9) The term "urban county" has the meaning given such term in
section 102 of the Housing and Community Development Act of 1974.
"42 USC 5302"
SEC. 412. "42 USC 11372" GRANT ASSISTANCE.
The Secretary of Housing and Urban Development shall, to the extent
of amounts approved in appropriation Acts under section 417, make grants
to States and local governments (and to private nonprofit organizations
providing assistance to homeless individuals, in the case of grants made
with reallocated amounts) in order to carry out activities described in
section 414.
SEC. 413. "42 USC 11373" ALLOCATION AND DISTRIBUTION OF ASSISTANCE.
(a) IN GENERAL. -- The Secretary shall allocate assistance under
this subtitle to metropolitan cities, urban counties, and States (for
distribution to local governments in the States) in a manner that
ensures that the percentage of the total amount available under this
subtitle for any fiscal year that is allocated to any State,
metropolitan city, or urban county is equal to the percentage of the
total amount available for section 106 of the Housing and Community
Development Act of 1974 "42 USC 5306" for such prior fiscal year that is
allocated to such State, metropolitan city, or urban county.
(b) MINIMUM ALLOCATION REQUIREMENT. -- If, under the allocation
provisions applicable under this subtitle, any metropolitan city or
urban county would receive a grant of less than 0.05 percent of the
amounts appropriated to carry out this subtitle for any fiscal year,
such amount shall instead be reallocated to the State, except that any
city that is located in a State that does not have counties as local
governments, that has a population greater than 40,000 but less than
50,000 as used in determining the fiscal year 1987 community development
block grant program allocation, and that was allocated in excess of
$1,000,000 in community development block grant funds in fiscal year
1987, shall receive directly the amount allocated to such city under
subsection (a).
(c) DISTRIBUTION TO NONPROFIT ORGANIZATIONS. -- Any local government
receiving assistance under this subtitle may distribute all or a portion
of such assistance to private nonprofit organizations providing
assistance to homeless individuals.
(d) REALLOCATION OF FUNDS. --
(1) The Secretary shall, not less than twice during each fiscal
year, reallocate any assistance provided under this subtitle that
is unused or returned or that becomes available under subsection
(b).
(2) If a city or county eligible for a grant under subsection
(a) fails to obtain approval of its comprehensive plan during the
90-day period following the date funds authorized by this subtitle
first become available for allocation during any fiscal year, the
amount that the city or county would have received shall be
available to the State in which the city or county is located if
the State has obtained approval of its comprehensive plan. Any
amounts that cannot be allocated to a State under the preceding
sentence shall be reallocated to other States, counties, and
cities that demonstrate extraordinary need or large numbers of
homeless individuals; as determined by the Secretary.
(3) If a State fails to obtain approval of its comprehensive
plan during the 90-day period following the date funds authorized
by this subtitle first become available for allocation during any
fiscal year, the amount that the State would have received shall
be reallocated to other States and to cities and counties that
demonstrate extraordinary need or large numbers of homeless
individuals, as determined by the Secretary.
(e) ALLOCATIONS TO TERRITORIES. -- In addition to the other
allocations required in this section, the Secretary shall (for amounts
appropriated after the date of enactment of this Act) allocate
assistance under this subtitle to the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and any other territory or possession of the United States, in
accordance with an allocation formula established by the Secretary.
SEC. 414. "42 USC 11374" ELIGIBLE ACTIVITIES.
(a) IN GENERAL. -- Assistance provided under this subtitle may be
used for the following activities relating to emergency shelter for
homeless individuals:
(1) The renovation, major rehabilitation, or conversion of
buildings to be used as emergency shelters.
(2) The provision of essential services, including services
concerned with employment, health, drug abuse, or education, if --
(A) such services have not been provided by the local
government during any part of the immediately preceding 12-month
period; and
(B) not more than 15 percent of the amount of any assistance to
a local government under this subtitle is used for activities
under this paragraph.
(3) Maintenance, operation (other than staff), insurance,
utilities, and furnishings.
(b) WAIVER AUTHORITY. -- The Secretary may waive the 15 percent
limitation on the use of assistance for essential services contained in
subsection (a)(2)(B), if the local government receiving the assistance
demonstrates that the other eligible activities under the program are
already being carried out in the locality with other resources.
SEC. 415. "42 USC 11375" RESPONSIBILITIES OF RECIPIENTS.
(a) MATCHING AMOUNTS. --
(1) Each recipient under this subtitle shall be required to
supplement the assistance provided under this subtitle with an
equal amount of funds from sources other than this subtitle. Each
recipient shall certify to the Secretary its compliance with this
paragraph, and shall include with such certification a description
of the sources and amounts of such supplemental funds.
(2) In calculating the amount of supplemental funds provided by
a recipient under this subtitle, a recipient may include the value
of any donated material or building, the value of any lease on a
building, any salary paid to staff to carry out the program of the
recipient, and the value of the time and services contributed by
volunteers to carry out the program of the recipient at a rate
determined by the Secretary.
(b) ADMINISTRATION OF ASSISTANCE. -- Each recipient shall act as the
fiscal agent of the Secretary with respect to assistance provided to
such recipient.
(c) CERTIFICATIONS ON USE OF ASSISTANCE. -- Each recipient shall
certify to the Secretary that --
(1) it will maintain any building for which assistance is used
under this subtitle as a shelter for homeless individuals for not
less than a 3-year period or for not less than a 10-year period if
such assistance is used for the major rehabilitation or conversion
of such building;
(2) any renovation carried out with assistance under this
subtitle shall be sufficient to ensure that the building involved
is safe and sanitary; and
(3) it will assist homeless individuals in obtaining --
(A) appropriate supportive services, including permanent
housing, medical and mental health treatment, counseling,
supervision, and other services essential for achieving
independent living; and
(B) other Federal, State, local, and private assistance
available for such individuals.
SEC. 416. "42 USC 11376" ADMINISTRATIVE PROVISIONS.
(a) REGULATIONS. -- Not later than 60 days after the date of
enactment of this Act, the Secretary shall by notice establish such
requirements as may be necessary to carry out the provisions of this
subtitle. Such requirements shall be subject to section 553 of title 5,
United States Code. The Secretary shall issue requirements based on the
initial notice before the expiration of the 12-month period following
the date of enactment of this Act. Prior to the issuance of such
requirements in final form, the requirements established by the
Secretary implementing the provisions of the emergency shelter grants
program under the provisions made effective by section 101(g) "101 Stat.
1783-242, 3341-242" of Public Law 99-500 or Public Law 99-591 shall
govern the emergency shelter grants program under this subtitle.
(b) INITIAL ALLOCATION OF ASSISTANCE. -- Not later than the
expiration of the 60-day period following the date of enactment of a law
providing appropriations to carry out this subtitle, the Secretary shall
notify each State, metropolitan city, and urban county that is to
receive a direct grant of its allocation of assistance under this
subtitle. Such assistance shall be allocated and may be used
notwithstanding any failure of the Secretary to issue requirements under
subsection (a).
SEC. 417. "42 USC 11377" AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts authorized by law, there are authorized
to be appropriated for the emergency shelter grants program $100,000,000
for fiscal year 1987 and $120,000,000 for fiscal year 1988.
SEC. 421. "42 USC 11381" ESTABLISHMENT OF DEMONSTRATION PROGRAM.
(a) IN GENERAL. -- The Secretary of Housing and Urban Development
shall carry out a program in accordance with the provisions of this
subtitle to develop innovative approaches for providing supportive
housing, especially to deinstitutionalized homeless individuals,
homeless families with children, and homeless individuals with mental
disabilities and other handicapped homeless persons.
(b) PURPOSES. -- The demonstration program carried out under this
subtitle shall be designed to determine --
(1) the cost of acquisition, rehabilitation, acquisition and
rehabilitation, or leasing of existing structures for the
provision of supportive housing;
(2) the cost of operating such housing and providing supportive
services to the residents of such housing;
(3) the social, financial, and other advantages of such housing
as a means of assisting homeless individuals; and
(4) the lessons that the provision of such housing might have
for the design and implementation of housing programs that serve
homeless individuals and families with special needs, particularly
deinstitutionalized homeless individuals, homeless families with
children, and homeless individuals with mental disabilities and
other handicapped homeless persons.
The Secretary shall administer the program under this subtitle and
award assistance to applicants in a manner that clearly demonstrates
that a central purpose and major funding priority of the program is to
provide supportive housing for deinstitutionalized homeless individuals
and other homeless individuals with mental disabilities.
SEC. 422. "42 USC 11382" DEFINITIONS.
For purposes of this subtitle:
(1) The term "applicant" means a State, metropolitan city,
urban county, tribe, or private nonprofit organization that is
eligible to be a recipient under this subtitle, except that, in
the case of permanent housing for handicapped homeless persons,
such term means the State in which the project is to be located.
(2) The term "handicapped" means an individual who is
handicapped within the meaning of section 202 "12 USC 1701q" of
the Housing Act of 1959.
(3) The term "handicapped homeless person" means a handicapped
individual who is a homeless individual within the meaning of
section 103, is at risk of becoming a homeless individual, or is a
handicapped individual who has been a resident of transitional
housing carried out pursuant to the provisions made effective by
section 101(g) "100 Stat. 1783-242, 3341-242" of Public Law 99-500
or Public Law 99-591.
(4) The term "metropolitan city" has the meaning given such
term in section 102 "42 USC 5302" of the Housing and Community
Development Act of 1974.
(5) The term "operating costs" means expenses incurred by a
recipient operating transitional housing under this subtitle with
respect to --
(A) the administration, maintenance, repair, and security of
such housing;
(B) utilities, fuel, furnishings, and equipment for such
housing;
(C) the conducting of the assessment required in section
424(c)(2); and
(D) the provision of supportive services to the residents of
such housing;
(6) The term "private nonprofit organization" means an
organization --
(A) no part of the net earnings of which inures to the benefit
of any member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has designated a fiscal
agent in accordance with requirements established by the
Secretary; and
(D) that practices nondiscrimination in the provision of
assistance.
(7) The term "project" means a structure or a portion of a
structure that is acquired or rehabilitated with assistance
provided under this subtitle.
(8) The term "project sponsor" means a private nonprofit
organization that operates a project for permanent housing for
handicapped homeless persons, and that is approved by the Governor
or other chief executive official of a State as to financial
responsibility.
(9) The term "recipient" means any governmental or nonprofit
entity that is approved by the Secretary as to financial
responsibility.
(10) The term "Secretary" means the Secretary of Housing and
Urban Development.
(11) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
(12) The term "supportive housing" means a project assisted
under this subtitle that provides housing and supportive services
for homeless individuals. Such housing shall be safe and sanitary
and when appropriate meet all applicable State and local housing
codes and licensing requirements in the jurisdiction in which the
housing is located. All or part of the supportive services may be
provided directly by the recipient or by arrangements with other
public or private service providers. The term includes the
following:
(A) Transitional housing, which means a project assisted under
this subtitle that has as its purpose facilitating the movement of
homeless individuals to independent living within a reasonable
amount of time, as determined by the Secretary. Transitional
housing includes housing primarily designed to serve
deinstitutionalized homeless individuals and other homeless
individuals with mental disabilities, and homeless families with
children.
(B) Permanent housing for handicapped homeless persons, which
means a project assisted under this subtitle that provides
community-based long-term housing and supportive services for not
more than 8 handicapped homeless persons and that is carried out
by a project sponsor. Each project shall be either a home
designed solely for housing handicapped persons or dwelling units
in a multifamily housing project, condominium project, or
cooperative project. Not more than 1 home may be located on any 1
site and no such home may be located on a site contiguous to
another site containing such a home. All projects shall be
integrated into the neighborhoods in which they are located.
(13) The term "supportive services" means assistance designed
by the recipient that the Secretary determines
(A) addresses the special needs of persons, such as
deinstitutionalized homeless individuals, homeless families with
children, and homeless individuals with mental disabilities and
other handicapped homeless persons, intended to be served by a
project; and (B) assists in accomplishing the purposes of the
different types of supportive housing made eligible under this
subtitle.
(14) The term "urban county" has the meaning given such term in
section 102 "42 USC 5302" of the Housing and Community Development
Act of 1974.
SEC. 423. "42 USC 11383" TYPES OF ASSISTANCE.
(a) IN GENERAL. -- The Secretary may provide the following
assistance to a project under this subtitle:
(1) An advance, in an amount not to exceed $200,000, of the
aggregate cost of acquisition, substantial rehabilitation, or
acquisition and rehabilitation of an existing structure for use in
the provision of supportive housing.
(2) A grant for moderate rehabilitation of an existing
structure for use in the provision of supportive housing.
(3) Annual payments for operating costs of transitional
housing, not to exceed 75 percent of the annual operating costs of
such housing.
(4) Technical assistance in establishing and operating such
housing and providing supportive services to the residents of such
housing.
(b) REPAYMENT OF ADVANCE. -- Subject to the foregoing, any advance
provided under subsection (a)(1) shall be repaid on such terms as may be
prescribed by the Secretary when the project ceases to be used as
supportive housing in accordance with the provisions of this subtitle.
Recipients and project sponsors shall be required to repay 100 percent
of the advance if the project is used as supportive housing for fewer
than 10 years following initial occupancy. If the project is used as
supportive housing for more than 10 years, the percentage of the amount
that shall be required to be repaid shall be reduced by 10 percentage
points for each year in excess of 10 that the property is used as
supportive housing. A project may continue to be treated as supportive
housing for purposes of this subsection if the Secretary determines that
such project is no longer needed for use as supportive housing and
approves the use of such project for the direct benefit of lower income
persons.
(c) PREVENTION OF UNDUE BENEFITS. -- Upon any sale or other
disposition of a project acquired or rehabilitated with assistance under
this subtitle prior to the close of 20 years after the project is placed
in service, other than a sale or other disposition resulting in the use
of the project for the direct benefit of lower income persons or where
all of the proceeds are used to provide supportive housing, the
recipient shall comply with such terms and conditions as the Secretary
may prescribe to prevent the recipient from unduly benefiting from the
sale or other disposition of the project.
SEC. 424. "42 USC 11384" PROGRAM REQUIREMENTS.
(a) APPLICATIONS. --
(1) Applications for assistance under this subtitle shall be
submitted by an applicant in such form and in accordance with such
procedures as the Secretary shall establish.
(2) The Secretary shall require that applications contain at a
minimum --
(A) a description of the proposed project;
(B) a description of the size and characteristics of the
population that would occupy supportive housing;
(C) a description of the public and private resources that are
expected to be made available in compliance with section 425;
(D) assurances satisfactory to the Secretary that the project
assisted will be operated for not less than 10 years for the
purpose specified in the application;
(E) a certification from the public official responsible for
submitting a comprehensive plan for the jurisdiction to be served
by the proposed project (by the State in the case of a project for
permanent housing for the handicapped homeless) that the proposed
project is consistent with the applicable comprehensive plan; and
(F) in the case of permanent housing for handicapped homeless
persons --
(i) a letter of participation from the Governor or other chief
executive official of the State assuring that the State will
promptly transmit assistance to the project sponsor and will
facilitate the provision of necessary supportive services to the
residents of the project;
(ii) a designation of the State agency, the primary
responsibility of which is the provision of services to
handicapped persons and that will assist the State housing finance
agency in fulfilling the State responsibilities under this
subtitle; and
(iii) an assessment of how the proposed project would meet the
needs of handicapped homeless persons in the State.
(b) SELECTION CRITERIA. -- The Secretary shall establish selection
criteria for a national competition for assistance under this subtitle,
which shall include --
(1) the ability of the applicant or the project sponsor to
develop and operate supportive housing;
(2) the innovative quality of the proposal in providing
supportive housing;
(3) the need for such supportive housing in the area to be
served;
(4) the extent to which the amount of assistance to be provided
under this subtitle will be matched with more than an equal amount
of funds from other sources;
(5) the cost effectiveness of the proposed project;
(6) the extent to which the project would meet the needs of
handicapped homeless persons in the State as described pursuant to
subsection (a)(2)(F)(iii); and
(7) such other factors as the Secretary determines to be
appropriate for purposes of carrying out the demonstration program
established by this subtitle in an effective and efficient manner.
(c) REQUIRED AGREEMENTS. -- The Secretary may not approve assistance
for any project under this subtitle unless the applicant agrees or
certifies that each project sponsor has agreed --
(1) to operate the proposed project as supportive housing in
accordance with the provisions of this subtitle;
(2) to conduct an ongoing assessment of the supportive services
required by the residents of the project;
(3) to provide such residential supervision as the Secretary
determines is necessary to facilitate the adequate provision of
supportive services to the residents of the project;
(4) to monitor and report to the Secretary on the progress of
the project; and
(5) to comply with such other terms and conditions as the
Secretary may establish for purposes of carrying out the
demonstration program established in this subtitle in an effective
and efficient manner.
(d) OCCUPANT RENT. -- Each homeless individual residing in a
facility assisted under this subtitle shall pay as rent an amount
determined in accordance with the provisions of section 3(a) of the
United States Housing Act of 1937. "42 USC 1437a"
SEC. 425. "42 USC 11385" MATCHING FUNDS REQUIREMENTS.
(a) TRANSITIONAL HOUSING. -- Each recipient shall be required to
supplement the amount of assistance provided under paragraphs (1) and
(2) of section 423(a) with an equal amount of funds from sources other
than this subtitle. In calculating the amount of supplemental funds
provided by a recipient under this subsection, a recipient may include
the value of any donated material or building and the value of any lease
on a building.
(b) PERMANENT HOUSING FOR HANDICAPPED HOMELESS PERSONS. --
(1) Each State submitting an application for assistance for
permanent housing for handicapped homeless persons shall certify
that it will supplement the assistance provided under this
subtitle with at least an equal amount of State or local
government funds --
(A) that are to be solely for acquisition or rehabilitation;
and
(B) not more than 50 percent of which may be local government
funds.
(2) The Secretary may waive all or part of the requirement
established in paragraph (1) if the State demonstrates to the
satisfaction of the Secretary that --
(A) the State is experiencing a severe financial hardship that
makes it unable to provide an equal amount of funds, and
(B) the local governments of the areas to be served by the
project will contribute funds from other non-Federal sources in an
aggregate amount equal to the amount of such contribution waived
for the State under this paragraph.
SEC. 426. "42 USC 11386" GUIDELINES.
(a) REGULATIONS. -- Not later than 90 days following the date of
enactment of this Act, the Secretary shall by notice establish such
requirements as may be necessary to carry out the provisions of this
subtitle. Until final regulations are issued under this subtitle, the
regulations established by the Secretary implementing the provisions
made effective by section 101(g) "100 Stat. 1783-242, 3341-242" of
Public Law 99-500 or Public Law 99-591 shall govern the transitional
housing provisions of this subtitle.
(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. "42 USC 11387" REPORT TO CONGRESS.
The Secretary shall submit to the Congress --
(1) not later than 3 months after the end of fiscal year 1987,
an interim report summarizing the activities carried out under
this subtitle during such fiscal year and setting forth any
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.
SEC. 428. "42 USC 11388" AUTHORIZATION OF APPROPRIATIONS.
(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 housing projects that serve homeless families with
children; and
(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.
SEC. 431. "42 USC 11391" DEFINITIONS.
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 assist 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. "42 USC 5302"
(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 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
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 terms 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. "42 USC 11392" SUPPLEMENTAL ASSISTANCE.
(a) IN GENERAL. -- The Secretary of Housing and Urban Development is
authorized in accordance with the provisions of this subtitle --
(1) to provide assistance to cover the costs in excess of
assistance 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
buildings to assist homeless individuals and families; or
(2) to provide comprehensive assistance for particularly
innovative programs for, or alternative methods of, meeting the
immediate and long-term needs of homeless individuals and families
by assisting --
(A) the purchase, 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. --
(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
ceases 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) ELIGIBILITY. -- 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;
(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
under this subtitle that includes the provision of outpatient
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. "42 USC 11393" REGULATIONS.
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; "42 USC 3535"
(2) require all applications for assistance under this subtitle
to be submitted not later than the expiration of the 60-day period
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.
SEC. 434. "42 USC 11394" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$25,000,000 for each of the fiscal year 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.
SEC. 441. "42 USC 11401" SECTION 8 ASSISTANCE FOR SINGLE ROOM
OCCUPANCY DWELLINGS.
(a) INCREASE IN BUDGET AUTHORITY. -- The budget authority available
under section 5(c) "42 USC 1437c" of the United States Housing Act of
1937 for assistance under section 8(e)(2) "42 USC 1437f" 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 "42 USC 1437f" 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.
(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. --
(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 rehabilitation under this
section shall be given to homeless individuals.
SEC. 442. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT.
Section 102(a)(6) of the Housing and Community Development Act of
1974 "42 USC 5302" is amended in the second sentence by inserting "or
1984" after "fiscal year 1983".
SEC. 501. "42 USC 11411" USE OF UNDERUTILIZED PUBLIC BUILDINGS AND
PROPERTY FOR FACILITIES TO ASSIST THE HOMELESS.
(a) IDENTIFICATION OF UNDERUTILIZED 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.
(b) 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 --
(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.
(c) AVAILABILITY FOR FACILITIES TO ASSIST 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. --
(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, "40 USC 484" the furnishing
of real property for use for facilities to assist the homeless and
shall issue regulations permitting leases for such public-health
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. "42 USC 11412" MAKING SURPLUS PERSONAL PROPERTY AVAILABLE
TO NONPROFIT AGENCIES.
(a) ELIGIBILITY. -- 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,".
(b) 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) "40 "USC 484" 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
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.
SEC. 601. ESTABLISHMENT OF GRANT PROGRAM.
Part D of title III of the Public Health Service Act "42 USC 256a"
(42 U.S.C. 254b et seq.) is amended by striking subpart IV and inserting
the following new subpart:
"SEC. 340. "42 USC 256" (a) ESTABLISHMENT. -- (1) The Secretary,
acting through 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
appropriate State plan approved under title XIX of the Social
Security Act -- "42 USC 1396"
"(A) if the applicant will provide under the grant any such
health services directly --
"(i) the applicant has 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) PREFERENCE IN MAKING GRANTS. -- The Secretary shall, in making
grants under subsection (a), give preference to qualified applicants
that --
"(1)(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 OF 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)(1)(A)(ii), relating to the provision of
matching funds;
"(B) subsection (f), relating to the provision of certain
health 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 manner, 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. -- (1)(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,
non-Federal 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
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal 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
(1)(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.
"(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 (1)(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 resouces of the
homeless individual involved.
"(j) 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
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
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.
"(l) USE OF GRANT FUNDS FOR REFERRALS TO CERTAIN ADVOCACY SYSTEMS.
-- A grantee under subsection (a) may, with respect to title I of the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, "42
USC 10801" 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 assistance directly, through
contract, or through grants.
"(2) Of the amounts appropriated pursuant to subsection (p)(1), the
Secretary may extend not more than $2,000,000 for the purpose of
carrying out paragraph (1).
"(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
carry out this section $50,000,000 for fiscal year 1987 and $30,000,000
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 330(b)(3).
"(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)(1).
"(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 SERVICE 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. "42 USC 11301 note" REQUIREMENT OF CERTAIN STUDY WITH
RESPECT TO HOMELESSNESS.
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.
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; "42 USC 290dd et seq."
(2) by redesignating sections 520 through 527 as sections 541
through 548, respectively; and
(3) by inserting after part B the following new
part: "42 USC 290dd -- 290dd-3, 290ee -- 290ee-3"
"SEC. 521. "42 USC 290cc-21" (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.
"SEC. 522. "42 USC 290cc-22" (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 521(b), relating to the purpose of allotments;
"(2) section 523(a)(2), relating to the provision of matching
funds;
"(3) section 524, relating to the provision of certain mental
health services;
"(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 subection (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 USE OF PAYMENTS. --
"(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 fiscal 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 subsection (a) and (c) as the Secretary
determines to be necessary to carry out this part.
"SEC. 523. (a) IN GENERAL. -- The Secretary may not make payments
under section 521(a) "42 USC 290cc-23" 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. --
"(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 Federal
Government, or services assisted or subsidized to any significant
extent by the Federal Government, may not be included in determing
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).
"SEC. 524. (a) IN GENERAL. -- The Secretary may not make payments
under section 521(a) "42 USC 290cc-24" 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 individuals as appropriate to medical
facilities for necessary hospital services and to entities that
provide primary health services and substance abuse services;
"(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 homeless
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 stamps, and
supplemental security income benefits;
"(D) referring the individual for such other services as may be
appropriate; and
"(E) providing representative payee services in accordance with
section 1631(a)(2) "42 USC 1383" of the Social Security Act "42
USC 1381" 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
individuals in residential settings not supported under --
"(A) the transitional housing demonstation program carried out
by the Secretary of Housing and Urban Development pursuant to
section 101(g) "100 Stat. 1783-242, 3341-252" 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) 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,
community 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.
"SEC. 525. "42 USC 290cc-25" (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;
"(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 requirements for the expenditure of
non-Federal funds as a condition for the receipt of Federal funds.
"(b) LIMITATION WITH RESPECT TO ADMINISTRATION 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 non-Federal sources the
remaining costs of administering the payments.
"SEC. 526. "42 USC 290cc-26" (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 coordination 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 not make
payments under section 521(a) to a State for a fiscal 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. "42 USC 300x"
"(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).
"SEC. 527. "42 USC 290cc-27" (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 Comptroller 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
accordance with the needs within the State identified pursuant to
section 526(a)(2); and
"(3) determining whether such amounts were expended in
accordance with the purpose described in section 521(b).
"(b) AVAILABILITY TO PUBLIC 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) EVALUATION 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.
"SEC. 528. "42 USC 290cc-28" (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).
"(b) DETERMINATION OF TENTATIVE AMOUNT OF ALLOTMENT. --
"(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 (1)(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).
"SEC. 529. "42 USC 290cc-29" (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).
"(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 alloted 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.
"SEC. 530. (a) DISBURSEMENT. -- Payments 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).
"SEC. 531. The Secretary may, without charge to a State receiving
amounts under section 521(a), "42 USC 290cc-31" 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.
"SEC. 532. "42 USC 290cc-32" (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 OF 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
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)(1), 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.
"SEC. 533. "42 USC 290cc-33" (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 payments may be
made by a State from amounts paid to the State 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.
"(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.
"SEC. 534. "42 USC 290cc-34" (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, "42 USC 6101 note" on the basis of handicap under
section 504 of the Rehabilitation Act of 1973, "29 USC 794" 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, "20 USC 1681" 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
subjected to discrimination under, any program or activity 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 "42 USC 6101 note" of the
Rehabilitation Act of 1973, "29 USC 794" or title VI of the Civil
Rights Act of 1964, "42 USC 2000d" 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.
"SEC. 535. "42 USC 290cc-35" There are authorized to be appropriated
to carry out this part $35,000,000 for fiscal year 1987 and such sums as
may be necessary for fiscal year 1988.
"SEC. 536. "42 USC 290cc-36" For purposes of this part:
"(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. "42 USC 290aa-3 note" COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROJECTS FOR HOMELESS INDIVIDUALS WHO ARE CHRONICALLY
MENTALLY ILL.
(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
community-based mental health services to homeless individuals who are
chronically mentally ill.
(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.
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-1a) 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.".
SEC. 701. AMENDMENTS TO ADULT EDUCATION ACT.
(a) STATE PLANS. -- Section 306(b) of the Adult Education Act (20
U.S.C. 1205(b)) is amended --
(1) 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)(1)(A) of the Adult
Education Act (20 U.S.C. 1207a(a)(1)(A)) is amended --
(1) by inserting "homeless adults," before "elderly"; and
(2) by inserting a comma after "individuals".
SEC. 702. "42 USC 11421" STATEWIDE LITERACY INITIATIVES.
(a) GENERAL AUTHORITY. -- The Secretary of Education shall make
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
community-based organizations, VISTA recipients, adult basic
education program recipients, and nonprofit literacy-action
organizations.
(b) APPLICATION. -- Each State educational agency desiring to
receive 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.
(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.
SEC. 721. "42 USC 11431" STATEMENT OF POLICY.
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. "42 USC 11432" 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).
(b) 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 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)
"20 USC 3801 note" 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. --
(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
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.
(4) The choice regarding placement shall be made regardless of
whether the child or youth is living with the homeless parents or
has been temporarily placed elsewhere by the 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
criteria, 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
school meals programs.
(6) The school records of each homeless child or youth shall be
maintained --
(A) so that the records are available, in a timely fashion,
when a child or youth enters a new school district; and
(B) in a manner consistent with section 438 of the General
Education Provisions Act. "20 USC 1232g"
(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. --
(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. "42 USC 11433" EXEMPLARY GRANTS AND DISSEMINATION OF
INFORMATION ACTIVITIES AUTHORIZED.
(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) ELIGIBILITY 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;
(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.
SEC. 724. "42 USC 11434" 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 RESPONSIBILITIES. --
(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
Congress containing the information received from the States
pursuant to section 722(d)(3) within 45 days of its receipt.
SEC. 725. "42 USC 11435" 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.
SEC. 731. "42 USC 11441" DEMONSTRATION PROGRAM AUTHORIZED.
(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.
(b) 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.
SEC. 732. "42 USC 11442" 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 a
State under this subtitle with other services for homeless individuals
assisted under this Act.
SEC. 733. "42 USC 11443" 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,
particularly with case managers and care providers, designed to
achieve referral of homeless individuals to the demonstration
projects authorized by this subtitle;
(3) plans to offer in-shelter outreach and assessment
activities and where practicable, pre-employment services, so as
to increase 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 be
measured under the demonstration project, together with assurances
that a preliminary evaluation of the project will be 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 assurances as the Secretary determines are
necessary to insure compliance with the requirements of this
subtitle.
SEC. 734. "42 USC 11444" AUTHORIZED ACTIVITIES.
Demonstration grants under this subtitle may be used for --
(1) basic skills instruction;
(2) remedial education activities;
(3) basic literacy instruction;
(4) job search activities;
(5) job counseling;
(6) job preparatory training, including resume writing and
interviewing skills; and
(7) any other activities described in section 204 "29 USC 1604"
of the Job Training Partnership Act which the grant recipient
determines will contribute to carrying out the objectives of this
subtitle;
for homeless individuals.
SEC. 735. "42 USC 11445" 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. --
(1)(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 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 may
be in cash or in kind fairly evaluated, including plant equipment
or services.
(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.
SEC. 736. "42 USC 11446" 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 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. --
(1) The Interagency Council shall evaluate each project
receiving assistance under this subtitle.
(2) The Interagency Council shall prepare and publish a 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. "42 USC 11447" DEFINITIONS.
As used in this subtitle --
(1) the term "applicant" means public agencies, private
nonprofit organizations, private businesses, and other appropriate
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 corporate
and police powers;
(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. "42 USC 11448" HOMELESS VETERANS' REINTEGRATION PROJECTS.
(a) GENERAL AUTHORITY. -- The Secretary, using funds appropriated
and made available for the purpose of carrying out this 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. "42 USC 11449" AUTHORIZATION OF APPROPRIATIONS;
AVAILABILITY OF FUNDS.
(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".
SEC. 741. "42 USC 11450" TERMINATION.
The provisions of this subtitle other than section 740 shall
terminate on October 1, 1990.
SEC. 751. "42 USC 11461" ESTABLISHMENT OF PROGRAM.
The Secretary of Health and Human Services (in this subtitle 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.
SEC. 752. "42 USC 11462" 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)(1) of such Act
(42 U.S.C. 9903(a)(1)).
(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)(1).
SEC. 753. "42 USC 11463" 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. Such 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 --
(1)(A) it will award all of the amounts it receives to --
(i) community action agencies that are eligible to receive
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 and
received a waiver from the Secretary under Public Law 98-139, made
a grant under the Community Services Block 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.
(c) ELIGIBLE 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. "42 USC 11464" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$40,000,000 for each of the fiscal years 1987 and 1988.
SEC. 761. "42 USC 11471" STUDY OF YOUTH HOMELESSNESS.
(a) AUTHORIZATION. -- The Secretary of Health and Human Services 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 "42 USC 626"
for the purpose of making a grant under this section.
SEC. 762. "42 USC 11472" SET-ASIDES FOR NATIVE AMERICANS.
(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.
(b) 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 Alaska Native village or regional or
village corporation (as defined in, or established pursuant to, the
Alaska Native Claims Settlement Act), "43 USC 1601 note" that is
recognized by the Federal Government as eligible for special programs
and services provided to Indians because of their status as Indians.
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
"(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 another
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 parent of minor children and that parent's children
(notwithstanding 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
months"; and
(3) by inserting "(other than as provided in clause (3))" after
"except that".
(b) EFFECTIVE DATE. -- The amendments made by this section "7 USC
2012 note" 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.
(b) EFFECTIVE DATE. -- The amendment made by this section shall
become effective on July 1, 1988. "7 USC 2014 note"
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".
(b) EFFECTIVE DATE. -- The amendments made by this section "7 USC
2014 note" 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
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)) "7 USC 2015" to report in a
timely manner".
(b) EFFECTIVE DATE AND APPLICATION. --
(1) The amendment made by this section "7 USC 2014 note" 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 "7 USC 2014 note" 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 "7 USC
2011 note" of 1977 to a household for a certification period
beginning before October 1, 1987.
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 "7 USC 2014 note" shall
be effective and shall be implemented for the period beginning 90
days after the date of enactment of this Act and ending September
30, 1989.
(2) The amendments made by this section shall not apply with
respect to allotments issued under the Food Stamp Act of 1977 "7
USC 2011 note" to any household for any month beginning before the
effective period of this section begins.
SEC. 808. FOOD STAMP INFORMATION FOR THE HOMELESS.
(a) AUTHORITY TO PROVIDE INFORMATION. -- Section 11(e)(1)(A) of the
Food Stamp Act of 1977 (7 U.S.C. 2020(e)(1)(A)) is amended by inserting
"except, at the option of the State agency, food stamp informational
activities directed at homeless individuals" after "Act."
(b) ADMINISTRATIVE EXPENSES. -- The first sentence of section 16(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking
out "and (4)" and inserting in lieu thereof "(4) food stamp
informational activities permitted under section 11(e)(1)(A), and (5)".
SEC. 809. EXPEDITED FOOD STAMP SERVICE.
(a) ELIGIBILITY. -- Section 11(e)(9) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(9)) is amended --
(1) by striking out "and" after the semicolon at the end of
clause (ii) of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
(3) by inserting after subparagraph (A) the following new
subparagraphs:
"(B) provide coupons no later than five days after the date of
application to any household in which all members are homeless
individuals and that meets the income and resource criteria for
coupons under this Act;
"(C) provide coupons no later than five days after the date of
application to any household that has a combined gross income and
liquid resources that is less than the monthly rent, or mortgage,
and utilities of the household; and"; and
(4) in subparagraph (D) (as redesignated), by striking out "the
household" and inserting in lieu thereof "a household referred to
in subparagraph (A), (B), or (C)".
(b) EFFECTIVE DATE. -- The amendments made by this section "7 USC
2020 note" shall become effective and be implemented as soon as the
Secretary of Agriculture determines is practicable after the date of
enactment of this Act, but not later than 160 days after the date of
enactment of this Act.
SEC. 811. VARIETY OF COMMODITIES UNDER TEFAP.
(a) COMMODITIES FOR ELIGIBLE RECIPIENT AGENCIES. -- Section 202(d)
of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c
note) is amended by inserting after "shall include" the following: "a
variety of commodities and products thereof that are most useful to
eligible recipient agencies, including".
(b) TECHNICAL AMENDMENT. -- Section 202 of the Temporary Emergency
Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by inserting
the subsection designation "(a)" after "SEC. 202".
SEC. 812. DISTRIBUTION OF SURPLUS FLOUR, CORNMEAL, AND CHEESE.
The Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c
note) is amended by inserting after section 202 the following new
section:
"SEC. 202A. Notwithstanding any other provision of law --
"(a)(1) To the extent provided in advance in an appropriation Act, in
fiscal year 1988, flour, cornmeal, and cheese acquired by the Commodity
Credit Corporation that are in excess of quantities needed to --
"(A) carry out other domestic donation programs,
"(B) meet other domestic obligations (including quantities
needed to carry out a payment-in-kind acreage diversion program),
"(C) meet international market development and food aid
commitments, and
"(D) carry out the farm price and income stablization purposes
of the Agricultural Adjustment Act of 1938, "7 USC 1281" the
Agricultural Act of 1949, "7 USC 1421 note" and Commodity Credit
Corporation Chater Act, "15 USC 714"
shall be made available as provided in paragraph (2).
"(2) The Secretary shall make such excess flour, cornmeal, and cheese
available in any State, in addition to the normal allotment of such
commodities (adjusted by any reallocation) for fiscal year 1988 under
this Act, at the request of the chief executive officer of such State
who certifies to the Secretary that --
"(A)(i) individuals in such State who are eligible to receive
flour, cornmeal, and cheese under this Act are not receiving such
commodities distributed under other provisions of this Act, or
"(ii) the number of unemployed individuals in such State has
increased during the most recent 90-day period for which
unemployment statistics are available prior to the date the
certification is made, and
"(B) the distribution of flour, cornmean, and cheese under this
section in such State will not substantially displace the
commercial sale of such commodities in such State.
"(b) Flour, cornmeal, and cheese made available under this section by
the Secretary shall be made available without charge or credit in fiscal
year 1988, in a usable form, for use by eligible recipient agencies in a
State.
"(c) The amount of cheese made available under this section in fiscal
year 1988 shall not exceed 14,000,000 pounds.
"(d) Whenever the Secretary receives a request submitted under
subsection (a)(2), the Secretary shall immediately notify the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate that such request was
received.".
SEC. 813. AUTHORIZATION OF APPROPRIATIONS FOR FOOD STORAGE AND
DISTRIBUTION COSTS UNDER TEFAP.
The first sentence of section 204(c)(1) of the Temporary Emergency
Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by striking
out "and September 30, 1987" and inserting in lieu thereof "through
September 30, 1988".
SEC. 814. CONTINUATION OF TEFAP.
(a) IN GENERAL. -- Section 212 of the Temporary Emergency Food
Assistance Act of 1983 (7 U.S.C. 612c note) is amended by striking out
"1987" and inserting in lieu thereof "1988".
(b) CONFORMING AMENDMENT. -- Section 210(c) of the Temporary
Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended --
(1) by striking out "beginning October 1, 1983, and ending
September 30, 1987" and inserting in lieu thereof "ending on the
date specified in section 212"; and
(2) by striking out "fiscal year ending September 30, 1987" and
inserting in lieu thereof "fiscal year ending September 30, 1988".
SEC. 901. EXTENSION OF VETERANS' JOB TRAINING ACT.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 16 of the Veterans'
Job Training Act (29 U.S.C. 1721 note) is amended --
(1) by striking out "$65,000,000 for fiscal year 1986" and
inserting in lieu thereof "a total of $65,000,000 for fiscal years
1986, 1987, and 1988"; and
(2) by striking out "September 30, 1988" and inserting in lieu
thereof "September 30, 1989".
(b) EXTENSION OF TERMINATION DATES. -- Section 17(a) of such Act "29
USC 1721 note" is amended --
(1) by striking out "January 31, 1987" in clause (1) and
inserting in lieu thereof "December 31, 1987"; and
(2) by striking out "July 31, 1987" in clause (2) and inserting
in lieu thereof "June 30, 1988".
Approved July 22, 1987.
LESIGLATIVE HISTORY -- H.R. 558 (H.R. 177) (S. 728) (S. 809) (S. 810)
(S. 811) (S. 813):
HOUSE REPORT: No. 100-8 accompany H.R. 177, (Comm. on Agriculture),
No. 100-10, Pt. I (Comm. on Banking, Finance and Urban Affairs), No.
100-10, Pt. II (Comm. on Energy and Commerce), and No. 100-174 (Comm. of
Conference).
CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 5, considered and passed
House. Apr. 8, 9, considered and passed Senate, amended. May 8, House
disagreed to Senate amendment. June 27, Senate agreed to conference
report. June 30, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): July
22, Presidential statement.
Public Law 100-76, 101 Stat. 481
Whereas a classic film "Snow White and the Seven Dwarfs" was released
50 years ago;
Whereas "Snow White and the Seven Dwarfs" marked a milestone in
motion picture history as the first full-length animated feature film;
Whereas the art of animation reached exciting new heights with "Snow
White and the Seven Dwarfs";
Whereas "Snow White and the Seven Dwarfs" was the first original
soundtrack recording ever released;
Whereas "Snow White and the Seven Dwarfs" set a new standard for the
integration of musical numbers with action scenes in a movie musical;
Whereas "Snow White and the Seven Dwarfs" won a special Academy Award
as a "significant screen innovation which has charmed millions and
pioneered a great new entertainment field for the motion picture
cartoon": Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning July
16, 1987, is designated as "Snow White Week", and the President is
authorized and requested to issue a proclamation calling upon the people
of the United States to celebrate the week with appropriate ceremonies
and activities.
Approved July 21, 1987.
LEGISLATIVE HISTORY -- H.J. Res. 122 (S.J. Res. 140):
CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 24, considered and
passed House. July 15, considered and passed Senate, amended. House
concurred in Senate amendments.
Public Law 100-75, 101 Stat. 480
Whereas nearly one million mentally handicapped individuals
participate annually in Special Olympics events all over the world;
Whereas Special Olympics competition enables each athlete to form a
healthy self-image with which to build a positive working environment
for the home and job;
Whereas the past two decades have marked monumental milestones in the
care, training, and skills of Special Olympians;
Whereas the International Summer Special Olympic Games, held every
four years, are the culmination of 20,000 communities competing in
Special Olympics around the world;
Whereas the 1987 VII International Summer Special Olympic Games from
July 31, to August 8, in South Bend, Indiana, will host 6,000 athletes,
15,000 volunteers, and thousands of guests from 65 countries and the
United States and its territories and possessions;
Whereas these International Games will be the largest worldwide
amateur sporting event of 1987; and
Whereas both mentally handicapped children and adults will compete in
over 13 official and demonstration sports in a true display of unity
which signifies the spirit of the International Summer Special Olympic
Games: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period commencing on
August 2, 1987, and ending on August 8, 1987, is designated as
"International Special Olympics Week", and August 3, 1987, is designated
as "International Special Olympics Day", and the President is authorized
and requested to issue a proclamation calling on the people of the
United States to observe such period and day with appropriate programs,
ceremonies, and activities.
Approved July 20, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 85:
CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and
passed Senate. July 9, considered and passed House.
Public Law 100-74, 101 Stat. 479
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.
SECTION 1. DESIGNATION OF BUILDING.
The Federal Building and United States Courthouse located at 316
North Robert Street, St. Paul, Minnesota, shall be known and designated
as the "Warren E. Burger Federal Building and United States Courthouse".
SEC. 2. LEGAL REFERENCES.
Each reference in a law, map, regulation, document, record, or other
paper of the United States to such building shall be deemed to be a
reference to the "Warren E. Burger Federal Building and United States
Courthouse".
Approved July 17, 1987.
LEGISLATIVE HISTORY -- H.R. 436 (S. 1337):
HOUSE REPORTS: No. 100-129 (Comm. on Public Works and
Transportation).
CONGRESSIONAL Record, Vol. 133 (1987): June 15, considered and
passed House July 1, considered and passed Senate.
Public Law 100-73, 101 Stat. 478
Whereas thousands of American athletes participate annually in the
Olympic movement all over the world;
Whereas United States Olympic Festival competitions enable each
American athlete to promote amateur athletics, refine athletic skills in
Olympic-type competitions, and generate camaraderie among potential
Olympic athletes;
Whereas the past eight years have marked monumental strides in the
development of the Olympic Festival movement;
Whereas the International Olympic Games are held every four years and
are the culmination of athletic skill and prowess after countless hours
of work and preparation;
Whereas U.S. Olympic Festival-'87 will take place beginning July 13,
1987, and ending on July 26, 1987, in Raleigh, Durham, Chapel-Hill,
Cary, and Greensboro, North Carolina, and will host 4,000 athletes,
trainers and coaches, 7,000 volunteers, and over 300,000 spectators;
Whereas U.S. Olympic Festival-'87 is the premier event of the United
States Olympic Committee; and
Whereas American athletes will compete in over 34 sports in a display
of skill and unity which signifies American unity and exemplifies the
spirit of the Olympic movement: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period commencing on
July 13, 1987, and ending on July 26, 1987, is designated as "U.S.
Olympic Festival-'87 Celebration", and July 17, 1987, is designated as
"U.S. Olympic Festival-'87 Day", and the President is authorized and
requested to issue a proclamation calling on the people of the United
States to observe such period and day with appropriate programs,
ceremonies, and activities.
Approved July 15, 1987.
LEGISLATIVE HISTORY -- S.J. Res. 138:
CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and
passed Senate. July 9, considered and passed House.
Public Law 100-72, 101 Stat. 477
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 20 "15 USC
631 note" of the Small Business Act is hereby amended as follows:
(a) by striking from paragraph (4) of subsection (y)
"$1,142,000,000" and by inserting in lieu thereof
"$1,250,000,000";
(b) by striking from subsection (z) "$409,000,000" and
inserting in lieu thereof "$393,000,000"; and
(c) by inserting after "1958;" in subsection (z) the following:
"$16,000,000 shall be available to carry out the provisions of
sections 404 and 405 of the Small Business Investment Act of
1958;". "15 USC 694-1, 694-2"
SEC. 2. Section 504 of the Small Business Investment Act of 1958 "15
USC 697a" is amended as follows:
(a) by striking "and" at the end of subsection (a)(1);
(b) by striking "$295,000,000." and by inserting in lieu
thereof "$425,000,000; and"; and
(c) by adding the following new paragraph at the end of
subsection (a):
"(3) of the program levels otherwise authorized by law for
fiscal year 1988, an amount not to exceed $425,000,000.".
Approved July 11, 1987.
LEGISLATIVE HISTORY -- H.R. 2166:
HOUSE REPORTS: No. 100-94 (Comm. on Small Business).
CONGRESSIONAL RECORD, Vol. 133 (1987): May 27, considered and passed
House. June 25, considered and passed Senate.
Public Law 100-71, 101 Stat. 391
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise be
available for the procurement of launch services for geostationary
weather satellites I, J, and K, to be conducted only by the National
Aeronautics and Space Administration: Provided, That in the procurement
of launch services for the National Oceanic and Atmospheric
Administration for the GOES I, J, and K spacecraft, the National
Aeronautics and Space Administration may provide, in its contract or
contracts for launch services, for the payment for contingent liability
of the Government which may accrue in the event the Government should
decide to terminate the contract before the expiration of the contract
period. Such contract or contracts shall limit the payments the Federal
Government is allowed to make under the contracts to amounts provided in
advance in appropriations Acts. In January of each year, the
Administrator of the National Oceanic and Atmospheric Administration
shall report to the House and Senate Committees on Appropriations the
projected aggregate contingent liability, through the next fiscal year
and in total, of the Government under termination provisions of any
launch services contracts authorized in this section: Provided further,
That such contract or contracts may not be entered into until the
Department of Commerce submits a written certification to the
appropriate Committees of the Congress that the fiscal year 1988 budget
request for launch vehicles for GOES I, J, and K fully meets such
contractual requirements for fiscal year 1988 of $80,000,000 or submits
a proposed budget amendment for fiscal year 1988 to the Congress
requesting any additional funds required in fiscal year 1988 to meet the
obligations of the proposed contractual agreement.
Not to exceed $14,100,000 appropriated and available for obligation
and expenditure under section 108(a)(1) "99 Stat. 1316" of Public Law
99-190, as amended, shall remain available for obligation through
September 30, 1988: Provided, That the Economic Development
Administration shall close out the audits concerning grants to New York,
New York pursuant to title I of the Local Public Works Capital
Development and Investment Act of 1976, "42 USC 6701 note" not later
than August 1, 1987.
For an additional amount for "Salaries and expenses", $7,600,000, to
remain available until September 30, 1988.
For an additional amount for "Salaries and expenses, general legal
activities, $8,100,000, to remain available until September 30, 1988.
For an additional amount for "Salaries and expenses, Antitrust
Division", $200,000, to remain available until September 30, 1988.
In the appropriation language under this heading in Public Law 99-500
and Public Law 99-591, add at the end thereof the following: 99-591,
delete "five hundred seventy-five" and substitute "1,030".
For an additional amount for "Salaries and expenses", $147,793,000,
to remain available until September 30, 1988: Provided, That in
appropriation language under this head in the Department of Justice
Appropriations Act, 1987, "100 Stat. 1783-45, 3341-45" as included in
Public Law 99-500 and Public Law 99-591, delete the phrase "(not to
exceed four hundred ninety, all of which shall be for replacement only)"
and substitute "(not to exceed 1,796, of which 490 shall be for
replacement only)".
SECTION 1. Section 205(h)(1)(A) "8 USC 1356" of the Departments of
Commerce, Justice, and State, and the Judiciary and Related Agencies
Appropriations Act, "100 Stat. 1783-53, 3341-53" fiscal year 1987, in
Public Law 99-500 and Public Law 99-591 are amended by striking "All of
the fees collected under subsection (d) shall be deposited in a separate
account within the general fund of the Treasury of the United States"
and inserting in lieu thereof "All of the fees collected under
subsection (d) shall be deposited in a separate account within the
general fund of the Treasury of the United States, to remain available
until expended".
For an additional amount for "Salaries and expenses", $61,750,000, to
remain available until September 30, 1988.
For an additional amount for "Acquisition and Maintenance of
Buildings Abroad", $9,480,000, to remain available until expended:
Provided, That these funds shall be available subject to the approval of
the House and Senate Appropriations Committees' policies concerning the
reprogramming of funds contained in House Report 99-669.
The Secretary of State shall not permit the Soviet Union to occupy
the new chancery building at its new embassy complex in Washington, D.C.
or any other new facility in the Washington, D.C. metropolitan area,
until a new chancery building is ready for occupancy for the United
States embassy in Moscow: Provided, That none of the funds appropriated
in this Act or any prior Act may be obligated for the new office
building in Moscow prior to November 1, 1987.
For an additional amount for "Contributions to International
Organizations", "22 USC 269a note" $268,831 for payment of the United
States assessed contribution to the Interparliamentary Union: Provided,
That in the appropriation language under the heading "Contributions to
International Organizations" in the Department of State Appropriations
Act, 1987, "100 Stat. 1783-57, 3341-57" as included in Public Law 99-500
and Public Law 99-591, amend the phrase that reads "of which
$130,000,000, to remain available until expended,
COOPERATIVE ECONOMIC DEVELOPMENT
For necessary expenses of the Commission for the Study of
International Migration and Cooperative Economic Development as
authorized by title VI of Public Law 99-603, $217,000, to remain
available until expended.
For necessary expenses of the Dwight David Eisenhower Centennial
Commission as authorized by Public Law 99-624, "100 Stat. 3497" $50,000,
to remain available until expended.
The authority under the Supplemental Appropriations Act, 1985 "99
Stat. 293" (Public Law 99-88) with respect to the relocation of the Fort
Lauderdale Monitoring Station shall extend through fiscal year 1988 and
under the same terms and conditions of Public Law 99-88.
For an additional amount for "Salaries and expenses", $10,000,000 for
disaster loan making activities, "15 USC 633 note" derived by transfer
from the "Disaster Loan Fund": Provided, That hereafter,
notwithstanding any law, rule or regulation, moneys in any fund
established by the Small Business Act "15 USC 631 note" which are not
needed for current operations shall remain in such funds and shall be
available solely to carry out the provisions and purposes of programs
operated from such funds pursuant to law as provided in appropriations
Acts.
For an additional amount for "Salaries and expenses", $8,098,176, of
which $598,176 shall be used for purchase of Pakistani Rupees from the
special account for the Informational Media Guarantee Program to carry
out the provisions of section 1011(d) of the Information and Educational
Exchange Act of 1948, "100 Stat. 3341" as amended (22 U.S.C. 1442(d)).
The limitation in Public Law 99-591 on the receipts to this
appropriation from fees or other payments received from or in connection
with English-teaching programs is increased by $650,000.
For an additional amount to carry out the provisions of section 7 of
the Radio Broadcasting to Cuba Act, as amended (22 U.S.C. 1465(e)),
$993,000, to remain available until expended.
For an additional amount for "Operation and maintenance, Army",
$37,500,000.
For an additional amount for "Operation and maintenance, Navy",
$60,000,000.
SEC. 2. Section 9015 of the Department of Defense Appropriations
Act, 1987 (as included in Public Laws 99-500 and 99-591) "100 Stat.
1783-103, 3341-103" is amended by inserting "and not to exceed an
additional $490,372,000 of funds otherwise available to the Department
of Defense for military functions (except military construction) which
would expire on September 30, 1987", directly following "(except
military construction)".
SEC. 3. None of the funds previously appropriated to the Air Force
may be used to conduct a trainer aircraft competition unless such
competition includes candidate aircraft from at least two United States
firms and at least one candidate aircraft is compliant with the
T-46/Next Generation Trainer system specifications as it pertained to
the source selection of the Next Generation Trainer in 1982.
SEC. 4. Notwithstanding section 2324(e)(1)(H) of title 10, United
States Code, and section 9061 of the Department of Defense
Appropriations Act, 1987, "100 Stat. 1783-112, 3341-112" Public Laws
99-500 and 99-591, the Secretary of Defense may allow under covered
contracts reasonable costs incurred to promote American aerospace
exports at domestic and international exhibits.
SEC. 5. (a) None of the funds appropriated by this or any other Act
for research, development, testing, and evaluation for the National
Aeronautics and Space Administration (NASA) or the Department of Defense
may be obligated or expended for the Advanced Launch System/Heavy Lift
Launch Vehicle, hereinafter referred to as "ALS", or for the design,
construction, or modification of test facilities for rocket propulsion
systems to be integrated into or be compatible with ALS, until the
Committees on Appropriations of the Senate and the House of
Representatives have received a plan, submitted jointly by the Secretary
of Defense and the Administrator of NASA, and approved by the President,
delineating the respective responsibilities of, and apportioning of
costs to, NASA and the Department of Defense relative to the ALS program
and the Committees on Appropriations of the Senate and the House of
Representatives have established a date for the release of said funds:
Provided, That such plan shall make maximum use of existing unique
Federal testing facilities for rocket propulsion systems and shall
identify the respective responsibilities of the Federal entities and
facilities to be used for rocket propulsion research, development, and
testing: Provided further, That notwithstanding the requirements set
forth in subsection (a) $12,000,000 previously appropriated for fiscal
year 1987 and allocated for concept definition of the ALS shall be
available for that purpose.
(b) Of the funds appropriated for "Research, development, test, and
evaluation, Defense Agencies" by this Act, $38,000,000 shall be
transferred to NASA as a part of the ALS program utilizing facilities
and budgetary resources of both NASA and components of the Defense
Department: Provided, That funds appropriated by this or any other Act
for research, development, test and evaluation of the ALS system may be
obligated and expended only for ALS variants which embody advanced
technologies with a design goal of reducing the cost to launch payloads
to low Earth orbit by a factor of ten compared with current space the
Persian Gulf region, and specifically addresses, at a minimum:
(a) an assessment of the threats to American forces, to Kuwaiti
interests and shipping, and otherwise impacting on the interests
of the United States and its friends and allies in the Persian
Gulf region;
(b) the Rules of Engagement, alert status and readiness
conditions under which our military forces will operate under in
the Persian Gulf, and when such conditions will be in force; and
(c) cooperative arrangements entered into, being negotiated or
contemplated with our European allies with a stake in the Persian
Gulf, who have forces deployed or planned for deployment in the
Persian Gulf region, and with states littoral to the Persian Gulf
for a shared security system, including provision for air cover of
those forces.
SEC. 9. Notwithstanding any other provision of law, payments
received hereafter as compensation for damages to the USS Stark and
other United States governmental expenses arising from the attack on the
USS Stark shall be credited to applicable Department of Defense
appropriations or funds available for obligation on the date of receipt
of such payments.
SEC. 10. None of the funds appropriated for the Department of
Defense in fiscal year 1987 are available for remuneration of any
individual or entity associated with fund raising for the restoration of
the Battleship Texas: Provided, That the grant for the restoration
should be made to the Texas Parks and Wildlife Department vice the
Battleship Texas Advisory Board of the State of Texas.
SEC. 11. (a) Notwithstanding section 9126 or section 9133 "100 Stat.
1783-128, 1783-129, 3341-128, 3341-129" of the Department of Defense
Appropriations Act, 1987 (as contained in section 101(c) of the joint
resolution entitled "Joint resolution making continuing appropriations
for fiscal year 1987, and for other purposes", Public Law 99-500 and
Public Law 99-591), only funds specifically authorized by the Congress
in accordance with section 502 of the National Security Act of 1947 "50
USC 414" may be obligated or expended for intelligence or
intelligence-related activities.
(b) All intelligence and intelligence-related activities for which
funds were appropriated in the Defense Appropriations Act, 1987 shall be
considered specifically authorized by Congress pursuant to section 502
"50 USC 414" of the National Security Act of 1947.
Using funds previously appropriated in the Energy and Water
Development Appropriations Act, 1987, "100 Stat. 1783-195, 3341-195"
Public Law 99-500 and Public Law 99-591, the Secretary of the Army is
directed to undertake the following studies: Ohio River Water
Development Study, between Rivermile 40-491, Ohio; Maumee Bay State
Pool and Park Vicinity .......................... $200,000
Main Street Areas ............................... $100,000
Sistersville, West Virginia City Park Area ....... $50,000
Glen Dale, West Virginia
Glen Dale Airport ............................... $125,000
Sewer Outfalls .................................. $125,000
In regard to the Wellsburg, Sistersville and Glen Dale projects, the
Congress finds that an emergency exists in satisfaction of the
requirements of Section 14 -- Emergency Streambank and Shoreline
Protection.
Using funds previously provided in the Energy and Water Development
Appropriations Act, 1987 "100 Stat. 1783-195, 3341-195" (Public Law
99-500 and Public Law 99-591), the Secretary of the Army is directed to
use $5,000,000 to initiate land acquisition activities as described in
section 1114 "16 USC 460tt" of Public Law 99-662.
For an additional amount for "Operation and Maintenance, general",
$125,000 to be derived by transfer from "General Investigations" to
perform a cumulative environmental analysis of section 55 measures along
the 46-mile reach of the Platte River between Hershey, Nebraska, and the
Lincoln-Dawson County line.
Of amounts appropriated for this account in Public Laws 99-500 and
99-591, "100 Stat. 1783, 3341" such sums as become available in the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, may be
derived from that fund. "33 USC 2201 note"
The Corps of Engineers is directed to advertise and procure an
automated system that adheres to specifications developed by the Corps
of Engineers for civil program requirements without regard to the Army
Information Architecture Tier 2 standards for operating systems.
The Secretary of the Army shall file a report with the appropriate
committees of the House of Representatives and the Senate "33 USC 2213
note" within ninety days after a written request is made pursuant to the
provisions of subsection (m) of section 103 "33 USC 2213" of Public Law
99-662 indicating the action taken on the request. In addition, the
Secretary of the Army shall file a report with the appropriate
committees of the House of Representatives and the Senate within ninety
days after enactment of this Act listing any project or study falling
under the provisions of subsection (e)(1) of section 103 of Public Law
99-662.
Pursuant to the Federal Advisory Committee Act (Public Law 92-463),
the Secretary of the Army is directed to establish an advisory committee
for the Denison Dam (Lake Texoma), Red River, Texas and Oklahoma project
authorized by the Flood Control Act approved June 28, 1938 (52 Stat.
1219). The purpose of the Committee shall be advisory only and it shall
provide information and recommendations to the Corps of Engineers
regarding the operations of Lake Texoma for its license contract, public
law or flood control operation relating to Denison Dam (Lake Texoma).
The management plan shall have no impact upon the provisions of section
838 of the Water Resources Development Act of 1986. "100 Stat. 4174"
The management plan shall be reevaluated on or after September 30, 1989
by the Corps of Engineers, taking into consideration the recommendations
of the Southwestern Power Administration and the Lake Texoma Advisory
Committee.
The United States Army Corps of Engineers, Tulsa District, shall
issue a final report on the Oklahoma portion of the comprehensive study
of the Red River Basin, Oklahoma, Arkansas, Louisiana and Texas, no
later than September 30, 1988.
The management plan specified above should be formally processed to
the Committees on Environment and Public Works and Public Works and
Transportation in the Senate and House of Representatives, respectively,
if appropriate, for authorization as required prior to any amendments to
the current operating plan that could impact health and safety,
authorized purposes, or expose the Federal Government to liability.
None of the funds in this Act or any other Act relating to water
resource development may be used to construct or enter into an agreement
to construct additional hydroelectric power generation units at Denison
Dam (Lake Texoma) until September 30, 1989.
Section 91 "88 Stat. 39" of the Water Resources Development Act of
1974 is amended by striking out "$28,725,000" in the last sentence and
inserting in lieu thereof "$30,500,000".
For an additional amount for the Department of the Interior, Bureau
of Reclamation, "Construction Program", for the cleanup of Kesterson
Reservoir and San Luis Drain of the San Luis Unit, Central Valley
Project, to remain available until expended, $5,600,000, to be derived
by transfer of unobligated balances in the "Loan Program": Provided,
That no funds may be obligated for this purpose until the issuance of a
waste discharge permit by the Central Valley Regional Water Resources
Control Board and a determination by the California Department of Health
Services on the classification of the waste at Kesterson Reservoir and
San Luis Drain.
In addition, title II of Public Law 99-591 (100 Stat. 3341-200, 201),
dated October 30, 1986, "Department of the Interior, Bureau of
Reclamation, Construction Program (Including Transfer of Funds)",
Reclamation, Construction Program (Including Transfer of Funds)", is
amended by striking out "by August 1, 1987,".
Using funds previously provided in the Energy and Water Development
Appropriations Act, 1987 "100 Stat. 1783-195" (Public Law 99-500 and
Public Law 99-591), the Secretary of the Interior is directed to
undertake the following project in the amount specified hereafter: "100
Stat. 3341-195"
Project .............................................. Amount
O'Neill Unit, Nebraska ........................ $771,000
Of the amounts heretofore appropriated and made available for Energy
Supply, Research and Development Activities, an additional $1,200,000
shall be for completion of the MOD-5-B Wind Turbine Project.
For an additional amount for payment to the International Development
Association by the Secretary of the Treasury, $207,476,749 for the
United States contribution to the seventh replenishment, to remain
available until expended.
For an additional amount for payment to the International Finance
Corporation by the Secretary of the Treasury, $7,205,610 for the United
States share of the increase in subscriptions to capital stock, to
remain available until expended.
For an additional amount for payment to the African Development Fund
by the Secretary of the Treasury, $36,639,000 for the United States
contribution to the fourth replenishment of the African Development
Fund, to remain available until expended.
For an additional amount for payment to the African Development Bank
by the Secretary of the Treasury, for the paid-in share portion of the
United States share of the increase in capital stock, $6,492,127 to
remain available until expended.
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $17,375,058.
(a) For an additional amount for the "Economic support fund",
$300,000,000, for use pursuant to this heading for Central America, to
be derived by transfer from the following amounts appropriated in prior
appropriations Acts for the Department of Defense: "Aircraft
Procurement, Army", fiscal year 1985, $10,000,000; "Missile
Procurement, Army", fiscal year 1985, $15,000,000; "Weapons and Tracked
Combat Vehicles, Army", fiscal year 1985, $20,000,000; "Procurement of
Ammunition, Army", fiscal year 1985, $5,000,000; "Other Procurement,
Army" fiscal year 1985, $37,000,000; "Aircraft Procurement, Navy",
fiscal year 1985, $19,000,000; "Weapons Procurement, Navy", fiscal year
1985, $35,000,000; "Shipbuilding and Conversion, Navy", fiscal year
percent shall be used for assistance in accordance with the policy
directions, purposes, and authorities of chapter 1 and chapter 9 of part
I of the Foreign Assistance Act of 1961 "22 USC 2151, 2292" and the
remainder shall be used in a manner which will generate local currencies
for use in accordance with those policy directions, purposes, and
authorities.
(e) The assistance specified in paragraph (b) shall be in addition to
the amounts previously allocated for fiscal year 1987 for these
countries pursuant to section 653 of the Foreign Assistance Act of 1961.
"22 USC 2413"
(f) The local currencies generated from the funds specified in
paragraph (b) for El Salavdor shall be used for projects described in
section 702(e)(2) of the International Security and Development
Cooperation Act of 1985 "99 Stat. 237" (and of those local currencies,
not less than 50 percent shall be for projects assisting agarian reform
and the agricultural sector and not less than 10 percent shall be used
for judicial reform).
(g) Of the aggregate of the funds specified in paragraph (b),
$10,000,000 shall be made available only for Child Survival Fund
activities in the Central American democracies.
(h) The assistance provided under this heading shall be made
available consistent with the policies contained in section 702 of the
International Security and Development Cooperation Act of 1985 (relating
to El Salvador), section 703 "99 Stat. 239" of that Act (relating to
Guatemala), and chapter 6 of part I of the Foreign Assistance Act of
1961 "22 USC 2271" (relating to the Central American Democracy, Peace,
and Development Initiative).
(i) Funds made available for assistance pursuant to this heading may
be obligated only in accordance with the congressional notification
procedures applicable under section 523 of the Foreign Assistance and
Related Programs Appropriations Act, 1987, and section 634A of the
Foreign Assistance Act of 1961. "100 Stat. 1783-230, 3341-230"
(j) Of the funds specified for Honduras in paragraph (b), "22 USC
2394-1" $20,000,000 shall be obligated, but shall not be expended,
except as provided in the fourth proviso, until the Government of
Honduras and an American citizen, whose property and businesses in the
vicinity of Trujillo, Honduras were affected by actions of the
Government of Honduras with respect to the Regional Military Training
Center, reach a settlement concerning compensation: Provided, That in
order to facilitate such a settlement the Department of State shall
select an independent factfinder. The factfinder shall correct and
expand, as may be appropriate, the existing factfinder's report. Such
report shall be issued by September 30, 1987: Provided further, That if
the two parties have not reached a full and final settlement of this
matter, including a complete waiver of further claims and liabilities
against the Governments of Honduras and the United States, by November
30, 1987, then the Department of State shall request that both parties
submit the disagreement to binding international arbitration in
accordance with the rules of procedure of the Inter-American Commercial
Arbitration Commission. The Commission shall select the arbitrators,
For an additional amount for "Energy and selected development
activites, Development Assistance", $50,000,000 to remain available
until September 30, 1988: Provided, That none of these funds may be
available for activities in Mozambique or Angola: Provided further,
That none of these funds may be available to any country for which the
President proposes to disburse funds within the Southern Africa
Development Coordination Conference until the President certifies that
such country (1) has not advocated the form of terrorism, commonly known
as "necklacing", used against South African blacks; (2) has provided
assurances that it has taken action against any person who has been
found to have practiced necklacing against South African blacks; and
(3) is not knowingly allowing terrorists who practice necklacing to
operate in its territory: Provided further, That such funds shall be
made available only as follows:
(a) $37,500,000 shall be made available to assist the member
states of the Southern Africa Development Coordination Conference
(SADCC) in carrying out the most urgent sector projects supported
by SADCC in the following sectors: transportation and
communications, energy (including the improved utilization of
electrical power sources which already exist in the member states
and offer the potential to swiftly reduce the dependence of those
states on South Africa for electricity), agricultural research and
training, and industrial development and trade (including private
sector initiatives): Provided, That of this amount not less than
60 percent shall be used in the transportation sector: Provided
further, That none of the funds made available under this
paragraph may be made available for the design, rehabilitation,
construction, or equipping of any rail or road transportation
corridor other than the Northern Corridor, which links southern
Africa with Dar es Salaam, Tanzania.
(b) $12,500,000 shall be made available for projects and
activities for disadvantaged South Africans in accordance with
section 535 of the Foreign Assistance Act of 1961, "22 USC 2346d"
or for humanitarian assistance for the member states of SADCC.
Assistance for the member states of SADCC may include such
activities as: transport of emergency food and medical supplies;
refugee assistance; and disaster relief and rehabilitation
assistance which shall be provided pursuant to the authorities
contained in section 491 "22 USC 2292" of the Foreign Assistance
Act.
(c) Of the funds made available for the SADCC member countries
for humanitarian assistance by paragraph (b), up to $5,000,000 may
be made available for the United Nations Children's Fund's
emergency appeals for affected countries in southern Africa.
(d) None of the funds appropriated by this Act for southern
Africa shall be obligated or expended until the President has
submitted to the House Foreign Affairs Committee, the Senate
Foreign Relations Committee, and the Committees on Appropriations
the third quarter Project Accounting Information System Report
Act, 1987 "100 Stat. 1783-225, 3341-225" in Public Law 99-500 and Public
Law 99-591, during the fiscal year 1987 and within the resources and
authority available, gross obligations for the principal amount of
direct loans shall be reduced from $900,000,000 to $680,000,000 and
shall be provided under the terms and conditions in the Foreign
Assistance and Related Programs Appropriations Act of 1987 "100 Stat.
1783-214, 3341-214" as they apply to the Export-Import Bank.
Section 24(c) of the Arms Export Control Act "22 USC 2764" is amended
by striking the second paragraph and inserting the following:
"Funds provided for necessary expenses to carry out the provisions of
section 23 of the Arms Export Control Act and of section 503 "22 USC
2763" of the Foreign Assistance Act of 1961, "22 USC 2311" as amended,
may be used to pay claims on the Guaranty Reserve Fund to the extent
that funds in the Guaranty Reserve Fund are inadequate for that
purpose.".
Section 215(2) of title II of the Military Construction
Appropriations Act, 1987 as contained in Public Law 99-500 and Public
Law 99-591 is hereby repealed. "100 Stat. 1783-307, 3341-307"
It is the sense of the Congress that United States economic and
foreign policy interests in the western hemisphere would be best served
if the Secretary of the Treasury were to adhere to the Administration's
proposal to modify the voting procedures within the Inter-American
Development Bank to require that decisions be taken by the board by a
voting majority of 65 percent of the voting shares.
Funds provided for new development projects of private entities and
cooperatives utilizing surplus dairy products may also be used for
development projects that include surplus dairy livestock under the
Dairy Termination Program.
Of the amounts made available under this head in section 101(g) of
Public Laws 99-500 and 99-591 (100 Stat. 1783-242, 3341-242) for
payments to public housing agencies and Indian housing authorities,
$65,000,000 are rescinded and the balance shall be for payment of
operating subsidies under section 9, United States Housing Act of 1937
(42 U.S.C. 1437g): Provided, That, notwithstanding section 9(d) of such
Act, any amount of such balance not required for such purpose shall be
made available only for increased liability insurance costs not
reflected in the performance funding system formula (24 C.F.R. Part
990).
For an additional amount for "Payments for the operation of
low-income housing projects", $65,000,000, as authorized by section 9
1974. "42 USC 5301" The City of Camden shall retain such proceeds in a
lump sum and shall be entitled to retain and use, in accordance with
this section, all past and future earnings from such proceeds, including
any interest.
For an additional amount for "Salaries and expenses", $3,000,000:
Provided, That of the foregoing amount, $1,350,000 shall be available
until expended and placed in a reserve for release at the discretion of
the Secretary of the American Battle Monuments Commission after
consultation with the Congress, and $150,000 shall be available until
expended for the establishment of a memorial on Guadalcanal in the
Solomon Islands.
Of the funds provided to the Consumer Product Safety Commission for
"Salaries and expenses" in Public Law 99-500 "100 Stat. 1783" and Public
Law 99-591, "100 Stat. 3341" an additional $20,000 shall be available
for personnel compensation and benefits for the Commissioners of the
Consumer Product Safety Commission appointed pursuant to 15 U.S.C. 2053.
For an additional amount for "Salaries and expenses", $12,000,000, to
be derived by transfer from "Construction grants".
The Congress disapproves deferral D87-54 relating to the
Environmental Protection Agency, "Research and development", as set
forth in the message of January 28, 1987, which was transmitted to the
Congress by the President. The disapproval shall be effective upon
enactment into law of this Act and the amount of the proposed deferral
disapproved herein shall be made available for obligation.
Of the funds appropriated to the Environmental Protection Agency for
"Abatement, control, and compliance" in Public Law 99-500 and Public Law
99-591 for the purposes of the Asbestos School Hazards Abatement Act of
1984, "20 USC 3901 note" an additional $2,000,000 shall be available for
administrative expenses for section 206(d)(2) "15 USC 2646" Public Law
99-519.
The Congress disapproves deferral D87-55 relating to the
Environmental Protection Agency, "Abatement, control, and compliance",
as set forth in the message of January 28, 1987, which was transmitted
to the Congress by the President. The disapproval shall be effective
upon enactment into law of this Act and the amount of the proposed
deferral disapproved herein shall be made available for obligation.
Fed. Reg. 30306-30309 (August 25, 1986), which amended the definition,
placement, and elevation of mobile homes in an existing mobile home park
or mobile home subdivision, as previously defined, shall not be
effective from enactment of this Act through September 30, 1988.
For an additional amount for "Construction of facilities",
$303,000,000, to become available on September 25, 1987, and remain
available until September 30, 1989, of which $300,000,000 shall be
transferred to "Space flight, control and data communications".
For an additional amount for "Compensation and pensions",
$80,200,000, to remain available until expended.
Of the funds provided under this head in the conference report on
H.R. 5313, Department of Housing and Urban Development -- Independent
Agencies Appropriations Act, 1987, "100 Stat. 1783-242, 3341-242" as
enacted by Public Law 99-500 and Public Law 99-591, $44,178,000 shall
remain available until September 30, 1988, to fund central procurement
contracts for the acquisition of automated data processing equipment and
contracts for major systems support in amounts not less than $1,000,000
for the Decentralized Hospital Computer Program and the Integrated
Hospital System.
Of the funds provided under this head in the conference report on
H.R. 5313, Department of Housing and Urban Development -- Independent
Agencies Appropriations Act, 1987, as enacted by Public Law 99-500 and
Public Law 99-591, $34,178,000 shall remain available until September
30, 1988, to fund contracts in amounts not less than $1,000,000 for the
acquisition of automated data processing equipment and services to
support the modernization program of the Department of Veterans
Benefits.
Of the unobligated balance available under this heading, not to
exceed $2,000,000 shall be available for the settlement of a
contractor's claim arising from the construction of an addition to
Building No. 1 at the Veterans Administration Medical Center,
Huntington, West Virginia; and, notwithstanding any other provision of
law, not to exceed $900,000 from the unobligated balance under this
heading shall be available for the settlement of a contractor's claim
arising from the construction of the Basic Science Addition at the
Veterans Administration Medical Center, Huntington, West Virginia,
authorized pursuant to Public Law 92-541, as amended. "38 USC 101 note"
For payments to defray the costs of training and provision of
incentives to employers to hire and train certain veterans as authorized
by the Veterans' Job Training Act, as amended (29
For an additional amount for "Operation of the national park system",
$18,250,000.
The contract authority provided for fiscal year 1987 by 16 U.S.C.
460l-10a is rescinded. "16 USC 460l-10a note"
For an additional amount for "Land acquisition and State assistance",
$22,910,000, to be derived from the Land and Water Conservation Fund, to
remain available until expended: 16 USC 251k note" Provided, That
pursuant to 16 U.S.C. 251k, the Secretary may acquire the 270-acre
parcel known as Keystone Spit on Whidbey Island, Washington, and convey
such parcel to the State of Washington in exchange for the approximately
1,000 acres of tidelands owned by such State within the boundary of
Olympic National Park: Provided further, That if recreational uses of
these tidelands must be regulated, the National Park Service shall
consult with the State of Washington prior to the implementation of any
such regulations: Provided further, That the exchange must include the
mineral rights to the tidelands.
Notwithstanding any other provision of law, the pesticide application
program described in the West Virginia Department of Natural Resources'
permit application to conduct a pesticide (bacillus thuringiensis
israelensis (Bti)) spraying program on the New River, West Virginia, to
control the river's black fly (Simulium jenningsi) population, received
by the Superintendent of New River Gorge National River, West Virginia,
on September 9, 1986, is hereby approved as a demonstration project for
a period of eight years from the date of enactment of this Act, unless
the pesticide Bti is removed from the registered list of pesticides, as
determined by the Environmental Protection Agency, at an earlier date.
No additional analyses, proposals, or approvals will be required for the
State to conduct similar pesticide application programs during the
period of the demonstration project provided herein. The State shall
notify the National Park Service of its planned annual program at least
ninety days in advance of spraying, and shall consider the
recommendations provided by the National Park Service, the United States
Fish and Wildlife Service, and other parties in the conduct of the
pesticide application program. The State shall also enter into an
indemnity agreement with the National Park Service which will protect
the Service from all tort claims which might arise from the State's
spraying program. The State and the National Park Service shall jointly
conduct a monitoring program on the effects of the pesticide
application, including the impact on natural, cultural and recreational
values of the National River.
For an additional amount for "Surveys, investigations, and research",
$2,597,000, of which $597,000 shall remain available until expended.
1988 appropriations process, nor may the Bureau implement or take steps
leading to implementation of proposed initiatives, including but not
limited to imposition of a flat fifteen per centum administrative fee
for tribal contractors, and imposition of tuition fees at Bureau
post-secondary schools, until Congress has reviewed all such initiatives
and approved them as part of the fiscal year 1988 appropriations
process.
Any fund appropriated under Public Law 84-747 (64 Stat. 573) in
satisfaction of judgment awarded the Choctaw Nation of Oklahoma in
Docket Numbered 16 of Indian Claims Commission which have not been
distributed on the date of this Act (including all interest and
investment income accrued thereon) shall be held in trust by the
Secretary of the Interior for the Choctaw Nation of Oklahoma and shall
be invested under the Act of June 24, 1938 (25 U.S.C. 162a).
The funds may be used on an annual budgetary basis by the tribal
governing body subject to the approval of the Secretary.
None of the funds in this or any other Act shall be available prior
to March 31, 1988, to issue a patent for an oil shale mining claim
located prior to enactment of the Mineral Lands Leasing Act of 1920 (30
U.S.C. 181, et seq., 41 Stat. 437), as provided for under the General
Mining Law of 1872, as amended (30 U.S.C. 22, et seq., 17 Stat. 91)
except for patent applications C-012327, C-016671, C-023661, C-41836,
C-43354, C-39464, C-38579, C-38402, C-35080, and C-36293.
For an additional amount for "State and private forestry",
$8,000,000, of which $7,005,000 shall remain available until expended,
and of which $995,000 shall be transferred to the "Forest Research"
appropriation account of the Forest Service, to remain available until
expended.
The Congress disapproves deferral D87-35 relating to the Forest
Service, "State and private forestry", as set forth in the message of
January 28, 1987, which was transmitted to the Congress by the
President. The disapproval shall be effective upon enactment into law
of this Act and the amount of the proposed deferral disapproved herein
shall be made available for obligation.
For an additional amount for "Construction", $1,000,000, to remain
available until expended.
The Congress disapproves deferral D87-36 relating to the Forest
Service, "Land acquisition", as set forth in the message of January 28,
1987, which was transmitted to the Congress by the President. The
disapproval shall be effective upon enactment into law of this Act and
the amount of the proposed deferral disapproved herein shall be made
Personnel ceilings may not be imposed on the Indian Health Service
nor may any action be taken to reduce the full-time equivalent level of
the Indian Health Service by the elimination of temporary employees by
reduction in force, hiring freeze or any other means without Congress
having reviewed and approved such a proposal as part of the fiscal year
1988 appropriations process.
For an additional amount for "Salaries and expenses", $700,000.
Public Law 96-388, as amended (36 U.S.C. 1401 et seq.) is further
amended as follows:
(1) 36 U.S.C. 1405(a) is amended by deleting the words "the
President upon the recommendation of the Chairperson of the
Council" and substituting "the Chairperson of the Council, subject
to confirmation of the Council", and adding the following new
sentence: "The Executive Director shall serve at the pleasure of
the Council.";
(2) 36 U.S.C. 1405(b) is amended by striking the "." in
subsection (2) and adding "; and" after "law" and adding the
following new subsection:
"(3) implement decisions of the Council, in the manner directed
by the Council, and perform such other functions as may be
assigned from time to time by the Council, the Executive Committee
of the Council, or the Chairperson of the Council.".
Notwithstanding the provisions of Public Law 99-663, 16 USC 544 note"
"16 USC 544f note" which established the Columbia River Gorge National
Scenic Area, the Pierce National Wildlife Refuge and the Little White
Salmon National Fish Hatchery shall continue to be administered,
operated and maintained in accordance with the provisions of the
National Wildlife Refuge System Administration Act, "16 USC 668dd note"
Fish and Wildlife Coordination Act, and Fish and Wildlife Act of 1956
"16 USC 661 note, 742a note" by the U.S. Fish and Wildlife Service.
For an additional amount for "Training and employement services" for
activities authorized by sections 236, 237, and 238 "19 USC 2296-2298"
of the Trade Act of 1974, as amended, $20,000,000.
For an additional amount for "Community service employment for older
Americans", to carry out the activities for national grants or contracts
with public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
of 1965, "42 USC 3056d" as amended, $7,800,000.
For an additional amount for "Community service employment for older
For an additional amount for "National Institute on Aging", $750,000.
For an additional amount for "National Center for Nursing Research",
$1,000,000.
For carrying out title III, section 319 of the Public Health Service
Act, "42 USC 247d" as amended, $30,000,000 for the emergency provision
of drugs determined to prolong the life of individuals with Acquired
Immune Deficiency Syndrome, to remain available until September 30,
1988.
For an additional amount for "Work incentives", $23,000,000.
For an additional amount for "Family social services", $165,227,000
for part E of title IV of the Social Security Act, "42 USC 670" of which
$43,583,000 shall be derived from unobligated balances in "Social
Services Block Grant": Provided, That of the total additional amount,
$127,184,000 shall be available for foster care and $38,043,000 shall be
available for adoption assistance.
For an additional amount for Home Delivered Nutrition Services under
subpart 2 of part C of title III of the Older Americans Act "42 USC
3030f" of 1965, $1,400,000.
Of the funds appropriated for Rehabilitation Services and Handicapped
Research for fiscal year 1987, $15,860,000 is available for Special
Demonstration Programs under section 311(a)(b)(c).
Of the $11,000,000 appropriated for fiscal year 1987 for title IV of
the Carl D. Perkins Vocational Education Act, "20 USC 2401" $7,050,000
shall be for activities authorized by part A, including $6,000,000 for
section 404, "20 USC 2404" $450,000 shall be for section 415 "20 USC
2471" of part B, and $3,500,000 shall be for section 422 of part C. "20
USC 2422"
For an additional amount for "Student financial assistance",
$287,000,000, to be derived by transfer from "Guaranteed student loans".
The allotment of the State of Louisiana under subpart 3 of part A of
title IV of the Higher Education Act of 1965, "20 USC 1070c" from funds
appropriated for fiscal year 1987, shall be expended without regard to
the provision of sections 415A(a), 415C(b)(6), (8) and (10) "20 USC
1070c-2" of such subpart. releases the United States from any further
liability under section 15.1: Provided further, That the funds
appropriated by this Act shall remain available until expended.
For "Operating expenses", $700,000, to remain available until
September 30, 1988.
For a payment to Cecile F. Zorinsky, widow of Edward Zorinsky, late a
Senator from Nebraska, $89,500.
For an additional amount for "Office of the Secretary", $100,000.
For an additional amount for "Administraitve, Clerical and
Legislative Assistance to Senators", $27,700, which shall not be
available until July 1, 1987.
For an additional amount for "Miscellaneous items", $1,300,000.
SECTION 1. "2 USC 31a-2a" (a) The Secretary of the Senate shall,
upon the written request of the Majority or Minority Leader of the
Senate, transfer from any available funds in such Leader's allotment in
the Leader's Representation Allowance (as defined in subsection (b)(1)
for any fiscal year (commencing with the fiscal year ending September
30, 1985) to such Leader's Expense Allowance (as defined in subsection
(b)(2)) to such year such amount as is specified in the request. Any
funds so transferred for any fiscal year at the request of either such
Leader shall be available to such Leader for such year for the same
purposes as, and in like manner and subject to the same conditions as,
are other funds which are available to him for such year as his expense
allowance as Majority or Minority Leader.
(b)(1) The term "Leader's Representation Allowance" means the
Representation Allowance Account for the Majority and Minority Leaders
established by section 197 of Public Law 99-88 (2 U.S.C. 31a-2).
(2) The term "Leader's Expense Allowance", when used in reference to
the Majority or Minority Leader of the Senate, refers to the moneys
available, for any fiscal year, to such Leader as an expense allowance
and the appropriation account from which such moneys are funded.
SEC. 2. (a) The Secretary of the Senate is authorized to use any
available funds (but not in excess of $25,000 for any fiscal year), "2
USC 65f" out of the appropriation account (within the Contingent Fund of
the Senate) for the Secretary of the Senate, to assist him in the proper
discharge, within the United States, of his appropriate payable under
section 120 of Public Law 97-51 (2 U.S.C. 61g-6). Any transfer made at
such time or times as such chairman shall specify in writing to the
Senate Disbursing Office. Any such funds so transferred by the chairman
of the Majority or Minority Conference Committee shall be available for
expenditure by such committee in like manner and for the same purposes
as are other moneys which are available for expenditure by such
committee for the account, within the contingent fund of the Senate,
from which expenses are payable under section 120 of Public Law 97-51 (2
U.S.C. 61g-6).
SEC. 5. Section 101(j) "100 Stat. 3341-287; post, pp. 424, 425" of
Public Law 99-591 is amended by adding at the end thereof the following
new sentence; "For purposes of the preceding sentence, the figure
'$177,435,714' which appears in such H.R. 5203, in title I, under the
item 'SALARIES, OFFICERS AND EMPLOYEES', shall be deemed to be
'$177,535,714'.".
For payment to Elizabeth J. Grotberg, widow of John E. Grotberg, late
a Representative from the State of Illinois, $75,100.
For payment to Joy Temes, daughter of Sala Burton, late a
Representative from the State of California, $77,400.
For an additional amount for "Standing committees, special and
select", $1,950,000.
For an additional amount for "Allowances and expenses", $9,508,000,
including "Supplies, materials, admininistrative costs and Federal tort
claims", $8,893,000, of which $6,845,000 shall remain available until
expended for the purchase of a telephone switch for the House of
Representatives; "Reemployed annuitants reimbursements", $368,000; and
a special session or ceremony of the Congress in honor of the
Bicentennial of the Constitution, $247,000, subject to adoption of an
authorizing resolution.
For an additional amount for "Salaries, officers and employees",
$371,000, including "Office of the Clerk", $280,000; Office of the
Sergeant at Arms", $72,000; and "Office of the Law Revision Counsel",
$19,000.
Section 101(j) of the Legislative Branch Appropriations Act, 1987
"100 Stat. 1783-287; ante, p. 423; post, p. 425" (Public Law 99-500
and Public Law 99-591) is amended by inserting "'House leadership
offices,'" after "'Allowances and expenses,'".
For an additional amount for "General expenses", $180,000.
Land, et al., Civil Action No. 800-0021-E in United States District
Court for the Southern District of California.
It is the sense of the Congress that all facility construction costs
associated with the relocation of the Tactical Fighter Wing at Torrejon
Air Base, Spain, to another location, should be the responsibility of
the North Atlantic Treaty Organization.
Within the funds previously appropriated for military construction
planning and design, Navy, $1,500,000 shall be available for design of a
middle school at Naval Air Station, Adak, Alaska.
Section 17(g)(1) of the Child Nutrition Act of 1966 "42 USC 1786" is
amended --
(1) by inserting "and" after "september 30, 1986,"; and
(2) by striking "and September 30, 1988" and all that follows
through the end of the sentence and inserting in lieu thereof
"September 30, 1988, and September 30, 1989.".
To enable the Secretary of Agriculture to investigate whether
producers of basic agricultural commodities, including soybeans, favor
the imposition of mandatory limits on the production of basic
agricultural commodites, including soybeans, that will result in prices
for such commodities that provide a fair return to the farm producer at
not less than the cost of production, $6,000,000.
To enable the Secretary of Agriculture to investigate the quantity of
each basic agricultural commodity, including soybeans, needed by crop
year to meet domestic consumption, to maintain an adequate reserve, and
to regain and retain our fair share of world markets, $2,000,000.
To enable the Secretary of Agriculture to investigate the changes
needed in existing rules and regulations of the Department of
Agriculture to provide for implementation of mandatory limits on the
production of basic agricultural commodities, including soybeans, and
nonrecourse loans on basic agricultural commodities, including soybeans,
that reflect a fair return to the farm producer at not less than the
cost of production, $2,000,000.
For an additional amount for "Agricultural Research Service",
$9,891,000, to remain available until expended.
For an additional amount for "Cooperative State Research Service",
$300,000: Provided, That of the amounts appropriated under the heading
"Cooperative State Research Service" in the Agriculture, Rural
Development, and Related Agencies Appropriations Act, 1987, made
expended.
For an additional amount for "Animal and Plant Health Inspection
Service", $8,500,000.
For an additional amount for "Agricultural Stabilization and
Conservation Service, Salaries and expenses", $24,000,000: Provided,
That not to exceed $24,000,000 of the above amount may be transferred to
this account from the Commodity Credit Corporation.
For the Dairy Indemnity Program, an additional $553,000, to remain
available until expended: Provided, That this amount shall be
transferred to the Commodity Credit Corporation: Provided further, That
the Secretary is authorized to utilize the services, facilities, and
authorities of the Commodity Credit Corporation for the purpose of
making dairy indemnity disbursements.
Not to exceed an additional $705,000 may be transferred from the
Commodity Credit Corporation funds to the General Sales Manager to help
implement export programs, including the adjustment of the offering
price to remain competitive, as authorized by law, and programs mandated
in the Food Security Act of 1985. "7 USC 1281 note"
To reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to the Act of August
17, 1961 (15 U.S.C. 713a-11, 713a-12), $5,553,189,000, such funds to be
available, together with other resources available to the Corporation,
to finance the Corporation's programs and activities during fiscal year
1987: Provided, That of the foregoing amount not to exceed the
following amounts shall be available for the following programs: export
guaranteed loan claims, $300,000,000; conservation reserve program,
$400,000,000; additional payments to producers under section 633(B) of
the Agriculture, Rural Development, and Related Agencies Appropriations
Act, 1987 (Public Law 99-500 and Public Law 99-591), "100 Stat. 1783-30,
3341-30" which shall be made to cover the difference between the partial
payment and the amount of the full claim, $135,000,000, and for other
disaster payments required by the Farm Disaster Assistance Act of 1987,
$25,000,000; and interest payments to the United States Treasury,
$440,000,000: Provided further, That five per centum of the funds
available for the conservation reserve program in this Act shall be
transferred to the conservation operations account of the Soil
Conservation Service for services of its technicians in carrying out the
conservation programs of the Food Security Act of 1985. "7 USC 1281
note"
Section 1001(2)(C) of the Food Security Act of 1985 (7 514, 515 and
516 of the Housing Act of 1949 "7 USC 1989 note" (42 U.S.C. 1484, 1485,
1486).
Hereafter, funds appropriated or available to the Farmers Home
Administration under this or any other Act to make or to service farm
loans shall be available for continuing assistance to delinquent
borrowers on the basis of the policies contained in Farmers Home
Administration Announcement Number 1113-1960, dated November 30, 1984.
Hereafter, none of the funds appropriated or made available by this
or any other Act, or otherwise made available to the Secretary of
Agriculture or the Farmers Home Administration, may be used to implement
section 1944.16(c)(1) of title 7, Code of Federal Regulations, as
published in 52 Federal Register 11983 (April 14, 1987) or any other
regulation that would have the same effect as such regulation.
Hereafter, notwithstanding section 306A(d) "7 USC 936a note" of the
Rural Electrification Act of 1936 (7 U.S.C. 936a(d)), a borrower of a
loan made by the Federal Financing Bank and guaranteed under section 306
of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay
such loan (or any loan advance thereunder) in accordance with section
306A of such Act.
For an additional amount for "Soil Conservation Service, Watershed
and flood prevention operations" for the watersheds authorized under the
Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C.
1006a), as amended and supplemented, $300,000.
(a) School Lunch Programs. -- Section 12(d)(5) of the National
School Lunch Act (42 U.S.C. 1760(d)(5)) is amended to read as follows:
"(5) 'School' means (A) any public or nonprofit private school
of high school grade or under, (B) any public or licensed
non-profit private, residential child care institution (including,
but not limited to, orphanages and homes for the mentally
retarded, but excluding Job Corps Centers funded by the Department
of Labor), and (C) with respect to the Commonwealth of Puerto
Rico, nonprofit child care centers certified as such by the
Governor of Puerto Rico. For purposes of clauses (A) and (B) of
this paragraph, the term 'nonprofit', when applied to any such
private school or institution, means any such school or
institution which is exempt from tax under section 501(c)(3) "26
USC 501; 100 Stat. 2095" of the Internal Revenue Code of 1954.".
(b) SCHOOL BREAKFAST PROGRAMS. -- Section 15(c) of the Child
Nutrition Act of 1966 (42 U.S.C. 1784(c)) is amended to read as follows:
"(c) 'School' means (A) any public or nonprofit private school
of high school grade or under, including kindergarten and
Funds available to the Department of Agriculture during fiscal year
1987 shall be available to assist an international organization in
meeting the costs, including salaries, fringe benefits and other
associated costs, related to the employment by the organization of
Federal personnel that may transfer to the organization under the
provisions of 5 U.S.C. 3581-3584, or of other well-qualified United
States citizens, for the performance of activities that contribute to
increased understanding of international agricultural issues. Such
funds may be transferred for such purpose from one appropriation to
another or to a single account: Provided, That not to exceed a total of
$500,000 may be expended for such purpose and such amount shall remain
available until expended.
For an additional amount for "Food and Drug Administration, Salaries
and expenses", $1,500,000 for evaluation and analysis of the drugs,
vaccines, and tests for treatment of Acquired Immune Deficiency
Syndrome.
For an additional amount for orphan drug grants and contracts,
$500,000.
Section 3 of the Saccharin Study and Labeling Act (21 U.S.C. 348 nt.)
is amended by striking out "May 1, 1987" and inserting in lieu thereof
"May 1, 1992".
For an additional amount for "Operating Expenses", $4,120,000, to be
derived by transfer from "United States Customs Service, Operation and
Maintenance, Air Interdiction Program": Provided, That this provision
shall be effective only upon validation of the transfer by the General
Accounting Office.
For an additional amount for "Operations", $60,000,000, of which
$11,619,000 shall be derived by transfer from "Operation and
maintenance, Metropolitan Washingtion airports", and $5,000,000 shall be
derived by transfer from "Construction, Metropolitan Washingtion
airports".
For an additional amount for liquidation of obligations incurred for
airport planning and development under section 14 "49 USC app. 1714" of
Public Law 91-258, as amended, and under other laws authorizing such
obligations, and obligations for noise compatibility planning and
programs, $160,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until expended: Provided, That the first
proviso under the heading "Grants-in-Aid for Airports (Liquidation of
For payment of obligations incurred in carrying out the provisions of
section 402 "49 USC app. 2302" of Public Law 97-424, $35,000,000, to be
derived from the Highway Trust Fund and to remain available until
expended.
For an additional amount for "Baltimore-Washington Parkway",
$2,000,000, to be derived by transfer from "Motor Carrier Safety Grants"
and to remain available until expended.
For an additional amount for "Highway Safety and Economic Development
Demonstration Projects", $5,000,000, to be derived by transfer from
"Motor Carrier Safety Grants" and to remain available until expended.
For an additional amount for "Highway Safety Improvement
Demonstration Project", $2,000,000, to be derived by transfer from
"Motor Carrier Safety Grants" and to remain available until expended.
For an additional amount for "Highway-Railroad Grade Crossing Safety
Demonstration Project", $2,000,000, to be derived by transfer from
"Motor Carrier Safety Grants" and to remain available until expended.
For the purpose of carrying out a demonstration of methods of
improving vehicular and pedestrian safety on roads on the Federal-aid
urban and Federal-aid secondary systems, involving Route 66 in
Northampton and Huntington, Massachusetts, there is hereby authorized to
be appropriated $12,000,000, to be derived from the Highway Trust Fund
and to remain available until expended, of which $5,000,000 is hereby
appropriated to be derived by transfer from "Motor Carrier Safety
Grants" and to remain available until expended: Provided, That all
funds appropriated under this head shall be exempt from any limitation
on obligations for Federal-aid highways and highway safety construction
programs.
the Regional Rail Reorganization Act of 1973 "45 USC 720" (Public Law
93-236), as amended, $56,928,495, to remain available until expended,
together with such sums as may be necessary for the payment of interest
due to the Secretary of the Treasury under the terms and conditions of
such notes.
The Congress disapproves deferral D87-46 relating to the Federal
Railroad Administration, "Conrail Commuter Transition Assistance", as
set forth in the message of January 28, 1987, which was transmitted to
the Congress by the President. The disapproval shall be effective upon
enactment into law of this Act and the amount of the proposed deferral
disapproved herein shall be made available for obligation.
The Congress disapproves $4,336,000 of the proposed deferral D87-47
relating to the Urban Mass Transportation Administration, "Research,
Training, and Human Resources", as set forth in the message of January
28, 1987, which was transmitted to the Congress by the President. The
disapproval shall be effective upon enactment into law of this Act and
the amount of the deferral disapproved herein shall be made available
for obligation.
The Congress disapproves deferral D87-48 relating to the Urgan Mass
Transportation Administration, "Interstate Transfer Grants -- Transit",
as set forth in the message of January 28, 1987, which was transmitted
to the Congress by the President. The disapproval shall be effective
upon enactment into law of this Act and the amount of the proposed
deferral disapproved herein shall be made available for obligation.
For necessary expenses for operation and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $4,000,000, or so much
thereof as may be available in and derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662. "33 USC 2201 note"
For rebate of the United States portion of tolls paid for use of the
Saint Lawrence Seaway, pursuant to Public Law 99-662, $6,250,000, or so
much thereof as may be available in and derived from the Harbor
Maintenance Trust Fund, to remain available until expended, of which not
to exceed $250,000 shall be available for expenses of administering the
rebates.
For an additional amount for "Salaries and expenses", $5,000,000, to
remain available until expended for repairs and improvements to the
Treasury Annex.
Of the funds appropriated under this heading by the Treasury, Postal
Service, and General Government Appropriations Act, "100 Stat. 1783-309,
3341-309" fiscal year 1987, Public Law 99-500 and Public Law 99-591,
$2,500,000 shall remain available until September 30, 1988: Provided,
That funds made available under this heading by the Treasury, Postal
Service, and General Government Appropriations Act, fiscal year 1987,
Public Law 99-500 and Public Law 99-591 shall be used in part to raise
the base level of employment at the Federal Law Enforcement Training
Center to 325 full-time equivalent positions in the fiscal year ending
September 30, 1987.
For an additional amount for "salaries and expenses", $1,900,000,
which shall remain available through September 30, 1988, for
headquarters relocation.
For an additional amount for "Salaries and expenses", $5,000,000:
Provided, That the additional funds made available by this Act shall be
used in part to raise the base level of employment for the Bureau of
Alcohol, Tobacco, and Firearms to 3,251 full-time equivalent positions
for the fiscal year ending September 30, 1987: Provided further, That
funds made available by this Act may be used to purchase two additional
special explosives investigative vehicles and associated investigative
equipment.
Of the funds appropriated under this heading in Public Law 99-500 and
Public Law 99-591, "100 Stat. 1783, 3341" $2,500,000 shall remain
available until September 30, 1988, for the purpose stated in the
conference report to accompany H.J. Res. 738 (House Report 99-1005).
The Congress disapproves the proposal to delay availability of
obligation of $32,099,000 for Operation and Maintenance, Air
Interdiction Program, until after October 1, 1987, contained in House
Document 100-31, of February 9, 1987. This disapproval shall be
effective upon enactment into law of this Act and the funds shall be
made available for obligation.
For an additional amount for "Processing tax returns", $55,200,000.
For an additional amount for "Examination and appeals", $8,110,000.
For an additional amount for "Investigation, collection, and
Notwithstanding sections 5923 and 5924, title 5, United States Code,
and any applicable regulations, the General Services Administration
shall honor allowances initially authorized, resulting in an aggregate
amount of $27,000 payable to twenty-one General Services Administration
employees for certain cost of living and related expenses during
official foreign duty from November 1984 through September 1985.
For additional amounts for appropriations for the fiscal year 1987,
for increased pay costs authorized by or pursuant to law as follows:
"Salaries, officers and employees", $5,715,000;
"Office of the Legislative Counsel of the Senate", $47,000;
"Inquiries and investigations", $1,116,000;
"House leadership offices", $39,000;
"Members' clerk hire", $2,584,000;
"Committee employees", $720,000;
"Special and select committees", $446,000;
"Allowances and expenses", $408,000;
"Salaries, officers and employees", $618,000;
"Joint Economic Committee", $75,000;
Joint Committee on Printing", $10,000;
"Salaries and expenses", $209,000;
"Salaries and expenses", $80,000;
Office of the Architect of the Capitol: "Salaries", $50,000;
"Capitol buildings", $70,000;
"Capitol grounds", $40,000;
"Senate office buildings", $250,000;
"House office buildings", $300,000;
"Capitol power plant", $40,000;
Library buildings and grounds: "Structural and mechanical care",
$50,000;
"Salaries and expenses", $25,000;
"Salaries and expenses", $605,000;
Copyright Office: "Salaries and expenses", $173,000, of which not
more than $17,000 shall be derived from collections during fiscal year
1987 under 17 U.S.C. 111(d)(3) and 116(c)(1);
Congressional Research Service: "Salaries and expenses", $215,000;
"Salaries and expenses", $5,000, of which $4,000 shall be derived by
collections from the appropriation "Payments to Copyright Owners" for
the reasonable costs incurred in proceedings involving distribution of
"Operating expenses, Agency for International Development",
$2,175,000;
"Operating expenses of the Agency for International Development,
Office of the Inspector General", $103,000;
"Peace Corps, operating expenses", $324,000;
"African Development Foundation", $15,000;
"Office of the Secretary", $31,000;
"Office of the Assistant Secretary for Administration", $7,000;
"Office of the Assistant Secretary for Governmental and Public
Affairs", $7,000;
"Office of the Assistant Secretary for Economics", $7,000;
"Office of the Assistant Secretary for Science and Education",
$7,000;
"Office of the Assistant Secretary for Marketing and Inspection
Service", $7,000;
"Office of the Under Secretary for International Affairs and
Commodity Programs", $8,000;
"Office of the Under Secretary for Small Community and Rural
Development", $8,000;
"Office of the Assistant Secretary for Natural Resources and
Environment", $7,000;
"Office of the Assistant Secretary for Food and Consumer Services",
$7,000;
"Departmental Administration", for budget and program analysis,
$79,000; for personnel, finance and management, operations, information
resources management, equal opportunity, small and disadvantaged
business utilization, and administrative law judges and judicial
officers, $232,000; making a total of $311,000;
"Building operations and maintenance", $35,000;
"Office of Governmental and Public Affairs", for public affairs,
$53,000; for congressional relations, $5,000; and for
intergovernmental affairs, $4,000;
"Office of the Inspector General", $400,000;
"Office of the General Counsel", $300,000;
"Agricultural Research Service", $3,935,000;
"National Agricultural Library", $65,000;
"Economic Research Service", $415,000;
"National Agricultural Statistics Service", $490,000;
"World Agricultural Outlook Board", $15,000;
"Foreign Agricultural Service", $567,000;
"General Sales Manager", an additional $114,000, to be derived by
transfer from the Commodity Credit Corporation fund;
"Salaries and expenses", an additional $8,967,000, to be derived by
"Construction", $2,859,000;
"Salaries and expenses", $450,000, to be derived by transfer of
unobligated balances from "Regional development programs";
"Salaries and expenses", $397,000, to be derived by transfer from
"Economic Development Revolving Fund";
"Salaries and expenses", $332,000, to be derived by transfer of
unobligated balances from "Regional development programs";
"Operations, Research, and Facilities", $7,505,000, to be derived by
transfer from "Coastal Energy Impact Fund";
"Salaries and expenses", $243,000, to be derived by transfer from
National Telecommunications and Information Administration, "Public
telecommunications facilities, planning and construction";
"Operation and Maintenance, Army", $2,679,000;
"Operation and Maintenance, Navy", $3,350,000;
"Operation and Maintenance, Marine Corps", $183,000;
"Operation and Maintenance, Air Force", $1,925,000;
"Operation and Maintenance, Defense Agencies", $2,307,000;
"Operation and Maintenance, Army Reserve", $109,000;
"Operation and Maintenance, Navy Reserve", $29,000;
"Operation and Maintenance, Marine Corps Reserve", $3,000;
"Operation and Maintenance, Air Force Reserve", $281,000;
"Operation and Maintenance, Army National Guard", $285,000;
"Operation and Maintenance, Air National Guard", $618,000;
"Court of Military Appeals, Defense", $1,000;
"Research, Development, Test, and Evaluation, Army", $336,000;
"Research, Development, Test, and Evaluation, Navy", $33,000;
"Research, Development, Test, and Evaluation, Air Force", $306,000;
"Research, Development, Test, and Evaluation, Defense Agencies",
$115,000;
"General expenses", $1,832,000, to be derived by transfer from
"Construction, General";
"Operation and maintenance", $554,000, to be derived by transfer from
"Capital outlay";
"Energy Information Administration", $469,000, to be derived by
"National recreation and preservation", $200,000;
"Surveys, investigations, and research", $6,072,000;
"Mines and minerals", $900,000;
"Construction Program", $3,034,000;
"Operation and Maintenance", $1,808,000;
"Operation of Indian programs", $9,765,000;
"Office of the Secretary", $175,000: Provided, That the limitation
on expenses for the immediate Office of the Secretary in fiscal year
1987 under this head in the Department of the Interior and Related
Agencies Appropriations Act, 1987, "100 Stat. 1783-243, 3341-243" as
included in Public Law 99-500 and Public Law 99-591, shall be increased
only to the extent necessary for pay adjustments pursuant to Executive
Order 12578 of December 31, 1986; "3 CFR, 1986 Comp., p. 244"
"Office of the Solicitor", $200,000;
"Office of the Inspector General", $245,000;
"Salaries and expenses", $575,000;
"Salaries and expenses", $84,000;
"Salaries and expenses, general legal activities", $1,646,000;
"Salaries and expenses, Antitrust Division", $315,000, to remain
available until September 30, 1988;
"Salaries and expenses, United States Attorneys", $2,818,000;
"Salaries and expenses, Oversight of Bankruptcy Cases", $93,000;
"Salaries and expenses, United States Marshals Service", $2,234,000;
"Salaries and expenses, Community Relations Service", $64,000 of
which $16,000 shall remain available until expended;
"Salaries and expenses", $9,309,000 of which $5,686,000 shall remain
available until September 30, 1988;
"Salaries and expenses", $2,593,000;
"Salaries and expenses", $5,588,000;
"Salaries and expenses", $3,932,000;
"National Institute of Corrections", $20,000;
"Buildings and facilities", $30,000;
"Limitation on administrative and vocational training expenses,
Federal Prison Industries, Incorporated" (increase of $27,000 in the
limitation on Administrative expenses, and $106,000 on Vocational
Training expenses);
"Retired pay", $3,945,000 shall be derived from the unobligated balances
of "Deepwater Port Liability Fund", $5,000,000 from the unobligated
balances of "Research, development, test, and evaluation", and
$1,155,000, to be derived by transfer from "United States Railway
Association, Administrative expenses";
"Reserve training", $1,200,000 to be derived by transfer from the
unobligated balances of the "Deepwater Port Liability Fund";
"Headquarters administration", $271,000, to be derived by transfer
from "Operation and maintenance, Metropolitan Washington airports";
"Operations", $33,000,000;
"Limitation on general operating expenses" (increase of $1,200,000 in
the limitation on general operating expenses);
"Motor carrier safety", $140,000, to be derived from unobligated
balances of funds made available by section 311 "93 Stat. 1038" of
Public Law 96-131 for replacement of facilities associated with
Interstate Route 170 and to be merged with this account, notwithstanding
any limitation on obligations on Federal-aid highways;
"Operations and research", $317,000;
For an additional amount for "Grants to the National Railroad
Passenger Corporation", $5,000,000, to be derived from unobligated
balances of "Redeemable preference shares" acquired by the Secretary of
Transportation under the Railroad Revitalization and Regulatory Reform
Act of 1976, "45 USC 801 note" to be available only for construction,
rehabilitation, renewal, replacement, or other improvements deemed by
the National Railroad Passenger Corporation to be needed to enable it to
restore railroad passenger service between Springfield, Massachusetts
and Montreal, Canada through Vermont: Provided, That any agreements
entered into by the National Railroad Passenger Corporation for the
performance of such improvements shall provide that the owners of any
railroad lines so improved not construe the terms of any existing
trackage rights agreement or any existing or future operating agreement
between the National Railroad Passenger Corporation and the owners of
any such railroad lines in a manner that would result in an increase in
the rental or other payments made thereunder because of the expenditures
made under this appropriation: Provided further, That any agreements
entered into by the National Railroad Passenger Corporation for the
performance of such improvements shall provide that the owners of any
railroad lines so improved not seek to include the value of any
expenditures made under this appropriation in the transfer price of any
of the lines so improved: Provided further, "45 USC 562 note" That,
notwithstanding any other provision of law, the National Railroad
Passenger Corporation shall hereafter seek immediate and appropriate
legal remedies to enforce its contractual rights whenever track
maintenance on any route over which the National Railroad Passenger
Corporation operates becomes inadequate or otherwise falls below the
contractual standard;
"Research and program management", $25,000,000, to be derived by
transfer from "Research and development", and "Space flight, control and
data communications";
"Salaries and expenses", $2,400,000, to be derived by transfer from
the "Business Loan and Investment Fund", to remain available until
September 30, 1988;
"Medical care", $149,391,000;
"Medical and prosthetic research", $1,859,000;
"Medical administration and miscellaneous operating expenses",
$400,000;
"General operating expenses", $5,500,000;
"Construction, minor projects" (increase of $350,000 in the
limitation on the expenses of the Office of Facilities);
"Salaries and expenses", $140,000;
"Arms control and disarmament activities", $124,000;
"Salaries and expenses", $250,000;
"Salaries and expenses", $2,640,000;
"Limitation on administrative expenses" (increase of $157,000 in the
limitation on administrative expenses);
"Salaries and expenses", $755,000;
"Limitation on administrative expenses, Federal Home Loan Bank Board"
(increase of $200,000);
"Salaries and expenses", $200,000;
"Salaries and expenses", $181,000;
"Salaries and expenses", $6,000;
"Grants and administration", $200,000;
"Grants and administration", $200,000;
"Salaries and expenses", $628,000;
"Salaries and expenses", $60,000;
"Research and related activities" (increase of $1,300,000 in the
Capitol Guide Service: "Salaries and expenses", $32,000;
"Salaries and expenses", $545,000;
"Salaries and expenses", $452,000;
Office of the Architect of the Capitol: "Salaries", $166,000;
"Capitol buildings", $187,000;
"Capitol grounds", $68,000;
"Senate office buildings", $456,000;
"House office buildings", $611,000;
"Capitol power plant", $109,000;
Library buildings and grounds: "Structural and mechanical care",
$130,000;
"Salaries and expenses", $48,000;
"Salaries and expenses", $1,906,000;
Copyright Office: "Salaries and expenses", $287,000, of which not
more than $12,000 shall be derived from collections during fiscal year
1987 under 17 U.S.C. 111(d)(3) and 116(c)(1);
Congressional Research Service: "Salaries and expenses", $617,000;
Books for the blind and physically handicapped: "Salaries and
expenses", $103,000;
"Salaries and expenses", $7,000, of which $6,000 shall be derived by
collections from the appropriation "Payments to Copyright Owners" for
the reasonable costs incurred in proceedings involving distribution of
royalty fees as provided by 17 U.S.C. 807;
Office of the Superintendent of Documents: "Salaries and expenses",
$83,000;
"Salaries and expenses", $3,563,000;
"Salaries and expenses", $409,000;
"Care of the building and grounds", $33,000;
"Salaries and expenses", $23,000;
"Salaries and expenses", $49,000;
"Salaries and expenses", $9,688,000;
"Defender services", $887,000;
"Salaries and expenses", $80,000;
"Salaries and expenses", $108,000;
"Peace Corps, operating expenses", $436,000;
"African Development Foundation", $99,000;
"Office of the Secretary", $29,000;
"Office of the Assistant Secretary for Administration", $8,000;
"Office of the Assistant Secretary for Governmental and Public
Affairs", $6,000;
"Office of the Assistant Secretary for Economics", $6,000;
"Office of the Assistant Secretary for Science and Education",
$6,000;
"Office of the Assistant Secretary for Marketing and Inspection
Service", $6,000;
"Office of the Under Secretary of International Affairs and Commodity
Programs", $8,000;
"Office of the Under Secretary for Small Community and Rural
Development", $8,000;
"Office of the Assistant Secretary for Natural Resources and
Environment", $6,000;
"Office of the Assistant Secretary for Food and Consumer Services",
$6,000;
"Departmental Administration", for budget and program analysis,
$73,000; for personnel, finance and management, operations, information
resources management, equal opportunity, small and disadvantaged
business utilization, and administrative law judges and judicial
officer, $385,000; making a total of $458,000;
"Building operations and maintenance", $165,000;
"Office of Governmental and Public Affairs", for public affairs,
$111,000; for congressional relations, $6,000; and for
intergovernmental affairs, $9,000;
"Office of the Inspector General", $622,000;
"Office of the General Counsel", $239,000;
"Agricultural Research Service", $4,747,000;
"Extension Service", including extension agents, $6,500,000;
"National Agricultural Library", $97,000;
"Economic Research Service", $580,000;
"National Agricultural Statistics Service", $612,000;
"World Agricultural Outlook Board", $21,000;
"Foreign Agricultural Service", $607,000;
"General Sales Manager", an additional $107,000 to be derived by
transfer from the Commodity Credit Corporation fund;
"Salaries and expenses", an additional $9,920,000 to be derived by
transfer from the Commodity Credit Corporation fund;
"Salaries and expenses", $114,000;
"Conservation operations", $5,331,000;
"River basin surveys and investigations", $130,000;
"Periodic censuses and programs", $2,806,000, to remain available
until expended;
"Salaries and expenses", $408,000;
"Salaries and expenses", $400,000, to be derived by transfer from
"Economic Development Revolving Fund";
"Operations and Administration", $2,237,000, to remain available
until expended;
"Minority business development", $180,000;
"Salaries and expenses", $49,000;
"Operations, research, and facilities", $5,972,000, to remain
available until expended;
"Scientific and technical research and services", $1,368,000, to
remain available until expended;
"Salaries and expenses", $213,000;
"Operation and Maintenance, Army", $119,047,000;
"Operation and Maintenance, Navy", $148,880,000;
"Operation and Maintenance, Marine Corps", $8,117,000;
"Operation and Maintenance, Air Force", $85,564,000;
"Operation and Maintenance, Defense Agencies", $102,453,000;
"Operation and Maintenance, Army Reserve", $4,858,000;
"Operation and Maintenance, Navy Reserve", $1,306,000;
"Operation and Maintenance, Marine Corps Reserve", $135,000;
"Operation and Maintenance, Air Force Reserve", $12,471,000;
"Operation and Maintenance, Army National Guard", $12,666,000;
"Operation and Maintenance, Air National Guard", $27,479,000;
"National Board for the Promotion of Rifle Practice, Army", $7,000;
"Court of Military Appeals, Defense", $36,000;
"Research, Development, Test, and Evaluation, Army", $14,955,000;
"Research, Development, Test, and Evaluation, Navy", $1,477,000;
"Research, Development, Test, and Evaluation, Air Force",
$13,609,000;
"Research, Development, Test, and Evaluation, Defense Agencies",
$5,165,000;
"Military Construction, Army", $4,136,000;
"Military Construction, Navy", $1,736,000;
"Military Construction, Army Reserve", $53,000;
"Family Housing Army", $435,000;
"Management of lands and resources", $3,780,000;
"Oregon and California grant lands", $479,000;
"Resource management", $2,800,000;
"Operation of the national park service", $4,000,000;
"National recreation and preservation", $100,000;
"Surveys, investigations, and research", $4,206,000;
"Mines and minerals", $1,350,000;
"Construction Program", $2,350,000;
"Operation and Maintenance", $1,567,000;
"Operation of Indian programs", $4,500,000;
"Office of the Secretary", $200,000: Provided, That the limitation
on expenses for the immediate Office of the Secretary in fiscal year
1987 under this head in the Department of the Interior and Related
Agencies Appropriations Act, 1987, "100 Stat. 1783-243, 3341-243" as
included in Public Law 99-500 and Public Law 99-591, shall be increased
only to the extent necessary for agency contributions for retirement
costs prescribed by the Civil Service Retirement System (5 U.S.C. ch.
83) "5 USC 8301 et seq" and the Federal Employees Retirement System Act
of 1986 "5 USC 8401 note" (Public Law 99-335);
"Office of the Solicitor", $200,000;
"Office of Inspector General", $180,000;
"Salaries and expenses", $778,000;
"Salaries and expenses", $155,000;
"Salaries and expenses, general legal activities", $2,213,000;
"Salaries and expenses, Antitrust Division", $430,000, to remain
available until September 30, 1988;
"Salaries and expenses, United States Attorneys", $3,510,000;
"Salaries and expenses, Oversight of Bankruptcy Cases", $150,000;
"Salaries and expenses, United States Marshals Service", $3,211,000;
"Salaries and expenses, Community Relations Service", $85,000 of
which $22,000 shall remain available until expended;
"Salaries and expenses", $23,005,000;
"Salaries and expenses", $7,324,000;
"Salaries and expenses", $10,186,000;
"Salaries and expenses", $1,302,000 of which $199,000 shall be
derived from unobligated balances of the Employment Standards
Administration, "Salaries and expenses", and $1,103,000 shall be derived
by transfer from Employment Standards Administration, "Salaries and
expenses";
"Office of the Inspector General", $556,000 to be derived by transfer
from Employment Standards Administration, "Salaries and expenses";
"Salaries and expenses", $16,734,000;
"Salaries and expenses", $450,000, to be derived from the unobligated
balances of "Payments to air carriers";
"Operating expenses", $1,723,200, to be derived from the unobligated
balances of the "Offshore Oil Pollution Compensation Fund";
"Headquarters administration", $350,000, to be derived by transfer
from "Operation and maitenance, Metropolitan Washington airports";
"Operations", $46,000,000, of which $5,000,000 shall be derived by
transfer from "Retired pay": Provided, That, notwithstanding section
511 of this Act or any other provision of law, such funds shall remain
available until expended;
"Limitation on general operating expenses" (increase of $1,600,000 in
the limitation on general operating expenses);
"Motor carrier safety", $660,000, to be derived from unobligated
balances of funds made available by section 311 "93 Stat. 1038" of
Public Law 96-131 for replacement of facilities associated with
Interstate Route 170 and to be merged with this account notwithstanding
any limitation on obligations for Federal-aid highways;
"Operations and research", $400,000;
"Office of the Administrator", $100,000, to be derived from the
unobligated balances of "Conrail labor protection";
"Railroad safety", $250,000, of which $135,000 shall be derived from
the unobligated balances of "Conrail labor protection";
"Administrative expenses", $300,000, to be derived from the
unobligated balances of "Research, Training, and human resources";
"Limitation on administrative expenses, Saint Lawrence Seaway
Development Corporation" (increase of $30,000 in the limitation on
administrative expenses);
"Research and special programs", $100,000, to be derived from the
"Operating expenses", $1,611,000: Provided, That in addition to this
appropriation, the annual limitation for expenses of transportation
audit contracts and contract administration payable from overcharges
collected is increased by $6,000 to $10,510,000;
"Operating expenses", $328,000;
"Operating expenses", $290,000;
"Salaries and expenses", $1,214,000;
"Office of Inspector General", $373,000;
"Allowances and Office Staff for Former Presidents", $5,000;