Stewart B. McKinney Homeless Assistance Act
PL 100-77 (H.R.558), enacted 07/22/1987

101 STAT. 482 
PUBLIC LAW 100-77—JULY 22, 1987 
Public Law 100-77 
100th Congress 
jl.': 
An Act 
July 22, 1987 
[H.R. 558] 
Stewart B. 
McKinney 
Homeless 
Assistance Act. 
Disadvantaged 
persons. 
42 u s e 11301 
note. 
To provide urgently needed assistance to protect and improve the lives and safety of 
the homeless, with special emphasis on elderly persons, handicapped persons, and 
families with children. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—GENERAL PROVISIONS 
SECTION 101. SHORT TITLE AND TABLE OF CONTENTS. 
cited as the "Stewart B. 
(a) SHORT TITLE.—This Act 
may 
be 
McKinney Homeless Assistance Act". 
(b) TABLE OF CONTENTS.— 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Short title and table of contents. 
Sec. 102. Findings and purpose. 
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Sec. 103. General definition of homeless individual. 
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Sec. 104. Funding availability and limitations. 
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Sec. 105. Audits by Comptroller General. 
TITLE II—INTERAGENCY COUNCIL ON THE HOMELESS 
Sec. 201. Establishment. 
Sec. 202. Membership. 
Sec. 203. Functions. 
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Sec. 204. Director and staff. 
Sec. 205. Powers. 
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Sec. 206. Transfer of functions. 
Sec. 207. Definitions. 
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Sec. 208. Authorization of appropriations. 
Sec. 209. Termination. 
TITLE III—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER 
PROGRAM 
Subtitle A—Administrative Provisions 
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. 
Subtitle B—Emergency Food and Shelter Grants 
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. 
Subtitle C—Greneral Provisions 
Sec. 321. Definitions. 
Sec. 322. Authorization of appropriations. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 483 
TITLE IV—HOUSING ASSISTANCE 
Subtitle A—Comprehensive Homeless Assistance Plan 
Sec. 401. Requirement for comprehensive homeless assistance plan. 
Subtitle B—Emergency Shelter Grants Program 
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. 
Subtitle C—Supportive Housing Demonstration Program 
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. 
Subtitle D—Supplemental Assistance for Facilities To Assist the Homeless 
Sec. 431. Definitions. 
Sec. 432. Supplemental assistance. 
Sec. 433. Regulations. 
Sec. 434. Authorization of appropriations. 
Subtitle E—Miscellaneous Provisions 
Sec. 441. Section 8 assistance for single room occupancy dwellings. 
Sec. 442. Community development block grant amendment. 
TITLE V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY 
Sec. 501. Use of underutilized public buildings and property for facilities to assist 
the homeless. 
Sec. 502. Making surplus personal property available to nonprofit agencies. 
TITLE VI—HEALTH CARE FOR THE HOMELESS 
Subtitle A—Primary Health Services and Substance Abuse Services 
Sec. 601. Establishment of grant program. 
Sec. 602. Provision of health services to the homeless by national health service 
corps. 
Sec. 603. Requirement of certain study with respect to homelessness. 
Subtitle B—Community Mental Health Services 
Sec. 611. Establishment of block grant program for services to homeless individuals 
who are chronically mentally ill. 
Sec. 612. Community mental health services demonstration projects for homeless 
individuals who are chronically mentally ill. 
Sec. 613. Community demonstration projects for alcohol and drug abuse treatment 
of homeless individuals. 
TITLE VII—EDUCATION, TRAINING, AND COMMUNITY SERVICES 
PROGRAMS 
Subtitle A—Adult Education for che Homeless 
Sec. 701. Amendment to Adult Education Act. 
Sec. 702. Statewide literacy initiatives. 
Subtitle B—Education for Homeless Children and Youth 
Sec. 721. Statement of policy. 
Sec. 722. Grants for State activities for the education of homeless children and 
youth. 
Sec. 723. Exemplary grants and dissemination of information activities authorized. 
Sec. 724. National responsibilities. 
Sec. 725. Definitions. 
91-194 O - 90 - 17 : QL.3 Part 1 
101 STAT. 484 
PUBLIC LAW 100-77—JULY 22, 1987 
Subtitle C—Job Training for the Homeless 
Sec. 731. Demonstration program authorized. 
Sec. 732. State coordination with demonstration grant recipients. 
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Sec. 733. Application. 
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Sec. 734. Authorized activities. 
Sec. 735. Payments; Federal share; limitation. 
Sec. 736. Evaluation. 
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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. 
Subtitle D—Emergency Community Services Homeless Grant Program 
Sec. 751. Establishment of program. 
Sec. 752. Allocation of grants. 
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Sec. 753. Program requirements. 
Sec. 754. Authorization of appropriations. 
Subtitle E—Miscellaneous Provisions 
Sec. 761. Study of youth homelessness. 
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Sec. 762. Set-asides for Native Americans. 
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TITLE VIII—FOOD ASSISTANCE FOR THE HOMELESS 
Subtitle A—Food Stamp Program 
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Sec. 801. Definition of homeless individual. 
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Sec. 802. Definition of household. 
Sec. 803. Annual adjustment of income eligibility standards. 
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Sec. 804. Annual adjustments to the standard deduction. 
Sec. 805. Ineligibility for earned income deduction. 
Sec. 806. Excess shelter expense. 
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Sec. 807. Third party payments for certain housing. 
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Sec. 808. Food stamp information for the homeless. 
Sec. 809. Expedited food stamp service. 
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Subtitle B—Temporary Emergency Food Assistance Program (TEFAP) 
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. 
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Sec. 814. Continuation of TEFAP. 
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TITLE IX—VETERANS'PROVISIONS 
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Sec. 901. Extension of Veterans'Job Training Act. 
42 u s e 11301. 
SEC. 102. FINDINGS AND PURPOSE. 
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(a) FINDINGS.—The Congress finds that— 
(1) the Nation faces an immediate and unprecedented crisis 
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, due to the lack of shelter for a growing number of individuals 
and families, including elderly persons, handicapped persons, 
itimi families with children, Native Americans, and veterans; 
(2) the problem of homelessness has become more severe and, 
in the absence of more effective efforts, is expected to become 
dramatically worse, endangering the lives and safety of the 
homeless; 
(3) the causes of homelessness are many and complex, and 
homeless individuals have diverse needs; 
(4) there is no single, simple solution to the problem of 
homelessness because of the different subpopulations of the 
homeless, the different causes of and reasons for homelessness, 
bar. g^jjj ^j^g different needs of homeless individuals; 
j.„. 
(5) due to the record increase in homelessness, States, units of 
local government, and private voluntary organizations have 
been unable to meet the basic human needs of all the homeless 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 485 
and, in the absence of greater Federal assistance, will be unable 
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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 
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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 coordi-
nated manner to meet the critically urgent needs of the home-
less of the Nation; and 
(3) to provide funds for programs to sissist the homeless, with 
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special emphasis on elderly persons, handicapped persons, fami-
lies with children. Native Americans, and veterans. 
SEC. 103. GENERAL DEFINITION OF HOMELESS INDIVIDUAL. 
42 USC 11302. 
(a) IN GENERAL.—For purposes of this Act, the term "homeless" or 
"homeless individual" includes— 
(1) an individual who lacks a fixed, regular, and adequate 
nighttime residence; and 
(2) an individual who has a primary nighttime residence that 
is— 
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(A) a supervised publicly or privately operated shelter 
designed to provide temporary living accommodations 
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(including welfare hotels, congregate shelters, and transi-
tional housing for the mentally ill); 
(B) an institution that provides a temporary residence for 
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individuals intended to be institutionalized; or 
(C) a public or private place not designed for, or ordi-
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narily used as, a regular sleeping accommodation for 
human beings. 
(b) INCOME EUGIBIUTY.—A homeless individual shall be eligible 
for assistance under any program provided by this Act, or by the 
amendments made by this Act, only if the individual complies with 
the income eligibility requirements otherwise applicable to such 
program. 
(c) EXCLUSION.—For purposes of this Act, the term "homeless" or 
"homeless individual" does not include any individual imprisoned or 
otherwise detained pursuant to an Act of the Congress or a State 
law. 
SEC. 104. FUNDING AVAILABILITY AND LIMITATIONS. 
42 USC 11303. 
(a) CALCULATION.—The amounts authorized in this Act shall be in 
addition to any amount appropriated for the programs involved 
before the date of the enactment of this Act. 
(b) AVAILABILITY UNTIL EXPENDED.—Any amount appropriated 
under an authorization in this Act shall remain available until 
expended. 
(c) LIMITATION.—Appropriations pursuant to the authorizations in 
this Act shall be made in accordance with the provisions of the 
Congressional Budget and Impoundment Control Act of 1974, which 
2 USC 621 note, 
prohibits the consideration of any bill that would cause the deficit to 
exceed the levels established by the Balanced Budget and Emer-
gency Deficit Control Act of 1985, such that it shall not increase the 
2 USC 901 note, 
deficit of the Federal Government for fiscal year 1987. 
101 STAT. 486 
PUBLIC LAW 100-77—JULY 22, 1987 
Reports. 
42 use 11304. 
SEC. 
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AUDITS 
BY 
COMPTROLLER 
GENERAL. 
The Comptroller General of the United States shall evaluate the 
disbursement and use of the amounts made available by appropria-
tion Acts under the authorizations in titles III and IV, and submit a 
report to the Congress setting forth the findings of such evaluation, 
upon the expiration of the 4-month and 12-month periods beginning 
on the date of the enactment of this Act. 
TITLE II—INTERAGENCY COUNCIL ON 
THE HOMELESS 
42 use 11311. 
42 use 11312. 
iter. 
SEC. 201. ESTABLISHMENT. 
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There is established in the executive branch an independent 
establishment to be known as the Interagency Council on the 
Homeless. 
SEC. 202. MEMBERSHIP. 
(a) MEMBERS.—The Council shall be composed of the following 
members: 
(1) The Secretary of Agriculture, or the designee of the 
Secretary. 
(2) The Secretary of Commerce, or the designee of the 
Secretary. 
(3) The Secretary of Defense, or the designee of the Secretary. 
(4) The Secretary of Education, or the designee of the 
,,yf Secretary. 
(5) The Secretary of Energy, or the designee of the Secretary. 
(6) The Secretary of Health and Human Services, or the 
designee of the Secretary. 
(7) The Secretary of Housing and Urban Development, or the 
designee of the Secretary. 
(8) The Secretary of the Interior, or the designee of the 
Secretary. 
(9) The Secretary of Labor, or the designee of the Secretary. 
(10) The Secretary of Transportation, or the designee of the 
? Secretary. 
(11) The Director of the ACTION Agency, or the designee of 
the Director. 
(12) The Director of the Federal Emergency Management 
Agency, or the designee of the Director. 
(13) The Administrator of General Services, or the designee of 
the Administrator. 
(14) The Postmaster General of the United States, or the 
designee of the Postmaster General. 
(15) The Administrator of Veterans' Affairs, or the designee of 
the Administrator. 
(16) The heads of such other Federal agencies as the Council 
considers appropriate, or their designees. 
(b) CHAIRPERSON.—The Council shall elect a Chairperson and a 
Vice Chairperson from among its members. 
(c) MEETINGS.—The Council shall meet at the call of its Chair-
person or a majority of its members. The first meeting of the Council 
shall be held not later than 30 days after the date of the enactment 
of this Act. 
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PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 487 
(d) PROHIBITION OF ADDITIONAL PAY.—Members of the Council 
shall receive no additional pay, allowances, or benefits by reason of 
their service on the Council. 
SEC. 203. FUNCTIONS. 
42 u s e 11313. 
State and local 
governments. 
State and local 
governments. 
Public 
information. 
(a) DUTIES.—The Council shall— 
(1) review all Federal activities and programs to assist home-
less individuals; 
(2) take such actions as may be necessary to reduce duplica-
tion among programs and activities by Federal agencies to assist 
homeless individuals; 
(3) monitor, evaluate, and recommend improvements in pro-
grams 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 individ-
uals; 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). Reports. 
(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 £issist homeless individuals adminis-
tered by such agency and the number of homeless individ-
uals served by such program; 
(B) impediments, including any statutory and regulatory 
restrictions, to the use by homeless individuals of each such 
program and to obtaining services or benefits under each 
such program; and 
(C) efforts made by such agency to increase the opportuni-
ties for homeless individuals to obtain shelter, food, and 
supportive services. 
(2) The Council shall prepare and transmit to the President 
and the Congress an annual report that— 
(A) assesses the nature and extent of the problems relat-
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ing to homelessness and the needs of homeless individuals; 
(B) provides a comprehensive and detailed description of 
the activities and accomplishments of the Federal Govern-
101 STAT. 488 
PUBLIC LAW 100-77—JULY 22, 1987 
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ment in resolving the problems and meeting the needs 
•'r^'to^r assessed pursuant to subparagraph (A); 
State and local 
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(C) describes the accomplishments and activities of the 
governments. 
Council, in working with Federal, State, and local agencies 
and public and private organizations in order to provide 
assistance to homeless individuals; 
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(D) assesses the level of Federal assistance necessary to 
adequately resolve the problems and meet the needs as-
p;.;; . sessed pursuant to subparagraph (A); and 
•.p.',y. (E) specifies any recommendations of the Council for 
appropriate and necessary legislative and administrative 
actions to resolve such problems and meet such needs, 
(d) NOTIFICATION OF OTHER FEDERAL AGENCIES.—If, in monitoring 
and evaluating programs and activities to assist homeless individ-
uals conducted by other Federal agencies, the Council determines 
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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 Inspec-
tor General). 
42 use 11314. 
SEC. 204. DIRECTOR AND STAFF. 
Iff 
Wages. 
(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 
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of title 5, United States Code. The Council shall appoint an Execu-
tive Director at the first meeting of the Council held under section 
202(c). 
(b) ADDITIONAL PERSONNEL.—With the approval of the Council, 
the Executive Director of the Council may appoint and fix the 
compensation of such additional personnel as the Executive Director 
considers necessary to carry out the duties of the Council. 
(c) DETAILS FROM OTHER AGENCIES.—Upon request of the Council, 
the head of any Federal agency may detail, on a reimbursable b£isis, 
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 Depart-
ment 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 administra-
tive and support services as are necessary to ensure that the Council 
carries out its functions under this title in an efficient and expedi-
tious manner. 
(e) EXPERTS AND CONSULTANTS.—With the approved of the Council, 
the Executive Director of the Council may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code. 
42 use 11315. 
SEC. 205. POWERS. 
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(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. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 489 
(b) DELEGATION.—Any member or employee of the Council may, if 
authorized by the Council, take any action that the Council is 
authorized to take in this title. 
(c) INFORMATION.—The Council may secure directly from any 
Federal agency such information as may be necessary to enable the 
Council to carry out this title. Upon request of the Chairperson of 
the Council, the head of such agency shall furnish such information 
to the Council. 
(d) DONATIONS.—The Council may accept, use, and dispose of gifts 
or donations of services or property. 
(e) MAILS.—The Council may use the United States mails in the 
same manner and under the same conditions as other Federal 
agencies. 
SEC. 206. TRANSFER OF FUNCTIONS. 
(a) TRANSFERS FROM H H S TASK FORCE.—The Council shall be the 
successor to the Federal Task Force on the Homeless of the Depart-
ment of Health and Human Services. The property, records, and 
undistributed program funds of the Task Force shall be transferred 
to the Council. 
(b) TERMINATION OF HHS TASK FORCE.—The Secretary of Health 
and Human Services shall terminate the Federal Task Force on the 
Homeless of the Department of Health and Human Services as soon 
as practicable following the first meeting of the Council. 
SEC. 207. DEFINITIONS. 
For purposes of this title: 
(1) The term "Council" means the Interagency Council on the 
Homeless established in section 201. 
(2) The term "Federal agency" has the meaning given the 
term "agency" in section 551(1) of title 5, United States Code. 
SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this title 
$200,000 for fiscal year 1987 and $2,500,000 for fiscal year 1988. 
SEC. 209. TERMINATION. 
The Council shall cease to exist, and the requirements of this title 
shall terminate, upon the expiration of the 3-year period beginning 
on the date of the enactment of this Act. 
TITLE III—FEDERAL EMERGENCY MAN-
AGEMENT FOOD AND SHELTER PRO-
GRAM 
Subtitle A—Administrative Provisions 
Gifts and 
property. 
42 use 11316. 
42 use 11317. 
42 use 11318. 
42 use 11319. 
SEC. 301. EMERGENCY FOOD AND SHELTER PROGRAM NATIONAL BOARD. 
42 USC 11331. 
(a) EsTABUSHMENT.—There is established to carry out the provi-
sions of this title the Emergency Food and Shelter Program Na-
tional 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 
101 STAT. 490 
PUBLIC LAW 100-77—JULY 22, 1987 
the National Board shall be appointed by the Director not later than 
30 days after the date of the enactment of this Act. Each such 
member shall be appointed from among individuals nominated by 1 
of the following organizations: 
(1) The United Way of America. 
(2) The Salvation Army. 
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(3) The National C!ouncil of Churches of Christ in the U.S.A. 
(4) Catholic Charities U.S.A. 
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(5)TheCouncilof Jewish Federations, Inc. 
(6) The American Red Cross. 
(c) CHAIRPERSON.—The Director shall be the Chairperson of the 
National Board. 
(d) OTHER ACTIVITIES.—Except as otherwise specifically provided 
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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 subsec-
tion (b)— 
(1) the national board constituted under the emergency food 
and shelter program established pursuant to section 101(g) of 
Public Law 99-500 or Public Law 99-591 shall cease to exist; 
and 
(2) the personnel, property, records, and undistributed pro-
gram funds of such national board shall be transferred to the 
National Board. 
SEC. 302. LOCAL BOARDS. 
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(a) ESTABUSHMENT.—Each locality designated by the National 
Board shall constitute a local board for the purpose of determining 
how program funds allotted to the locality will be distributed. The 
local board shall consist, to the extent practicable, of representatives 
of the same organizations as the National Board, except that the 
mayor or other appropriate heads of government will replace the 
Federal members. The chairperson of the local board shall be 
elected by a majority of the members of the local board. Local boards 
are encouraged to expand participation of other private nonprofit 
organizations on the local board. 
(b) RESPONSIBILITIES.—Each local board shall— 
(1) determine which private nonprofit organizations or public 
organizations of the local government in the individual locality 
shall receive grants to act as service providers; 
(2) monitor recipient service providers for program com-
pliance; 
(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. 
42 use 11333. 
SEC. 303. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY. 
(a) IN GENERAL.—The Director shall provide the National Board 
with administrative support and act as Federal liaison to the Na-
tional Board, 
flj) SPECIFIC SUPPORT ACTIVITIES.—The Director shall— 
(1) make available to the National Board, upon request, the 
> services of the legal counsel and Inspector General of the 
^. :^ Federal Emergency Management Agency; 
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100 Stat. 
1783-242, 
3341-242. 
State and local 
governments. 
42 use 11332. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 491 
(2) assign clerical personnel to the National Board on a 
temporary basis; and 
(3) conduct audits of the National Board annually and at such 
other times as may be appropriate. 
SEC. 304. RECORDS AND AUDIT OF NATIONAL BOARD AND RECIPIENTS OF 
42 USC 11334. 
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 stand-
ards by independent certified public accountants or independent 
licensed public accountants certified or licensed by a regulatory 
authority of a State or other political subdivision of the United 
States. The audits shall be conducted at the place or places 
where the accounts of the National Board are normally kept. 
All books, accounts, financial records, reports, files, and all 
other papers, things, or property belonging to or in use by the 
National Board and necessary to facilitate the audits shall be 
made available to the person or persons conducting the audits, 
and full facilities for verifying transactions with any assets held 
by depositories, fiscal agents, and custodians shall be afforded to 
j ; 
J, such person or persons. 
(2) The report of each such independent audit shall be in- Reports, 
eluded in the annual report required in section 305. Such report 
shall set forth the scope of the audit and include such state-
ments as are necessary to present fairly the assets and liabil-
ities 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 Na-
tional 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 rep-
resentatives, 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. 
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(c) AUTHORITY OF COMPTROLLER GENERAL.—The Comptroller Gen-
eral of the United States, or any of the duly authorized representa-
tives of the Comptroller General, shall also have access to any books, 
documents, papers, and records of the National Board and recipients 
for such purpose. 
SEC. 305. ANNUAL REPORT. 
The National Board shall transmit to the Congress an annual 
report covering each year in which it conducts activities with funds 
made available under this title. 
42 USC 11335. 
101 STAT. 492 
PUBLIC LAW 100-77—JULY 22, 1987 
Subtitle B—Emergency Food and Shelter 
imtEB 'y:iiGt2^ Grants 
State and local 
governments. 
42 u s e 11341. 
42 u s e 11342. 
42 use 11343. 
42 u s e 11344. 
42 u s e 11345. 
SEC. 311. GRANTS BY THE DIRECTOR. 
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Not later than 30 days following the date on which appropriations 
become available to carry out this subtitle, the Director shall award 
a grant for the full amount that the Congress appropriates for the 
program under this subtitle to the National Board for the purpose of 
providing emergency food and shelter to needy individuals through 
private nonprofit organizations and local governments in accord-
ance with section 313. 
SEC. 312. RETENTION OF INTEREST EARNED. 
Interest accrued on the balance of any grant to the National 
Board shall be available to the National Board for reallocation, and 
total administrative costs shall be determined based on total amount 
of funds available, including interest and any private contributions 
that are made to the National Board. 
SEC. 313. PURPOSES OF GRANTS. 
' 
(a) EuGiBLE ACTIVITIES.—Grants to the National Board may be 
used— 
(1) to supplement and expand ongoing efforts to provide shel-
j 
ter, food, and supportive services for homeless individuals with 
sensitivity to the transition from temporary shelter to perma-
,| 
nent homes, and attention to the special needs of homeless 
^ 
individuals with mental and physical disabilities and illnesses, 
^
^ 
and to facilitate access for homeless individuals to other sources 
>
, 
of services and benefits; 
(2) to strengthen efforts to create more effective and innova-
tive local programs by providing funding for them; and 
^ 
(3) to conduct minimum rehabilitation of existing mass shel-
ter or mass feeding facilities, but only to the extent necessary to 
make facilities safe, sanitary, and bring them into compliance 
r, 
with local building codes. 
I,' (b) LIMITATIONS ON ACTIVITIES.— 
- 
(1) The National Board may only provide funding provided 
g
^ 
under this subtitle for— 
(A) programs undertaken by private nonprofit organiza-
,- 
tions and local governments; and 
fj 
(B) programs that are consistent with the purposes of this 
'- 
title. 
1 
(2) The National Board may not carry out progreuns directly. 
SEC. 314. LIMITATION ON CERTAIN COSTS. 
Not more than 5 percent of the total amount appropriated for the 
emergency food and shelter program for each fiscal year may be 
expended for the costs of administration. 
^ _^ 
SEC. 315. DISBURSEMENT OF FUNDS. 
r 
tfH 
Any amount made available by appropriation Acts under this title 
shall be disbursed by the National Board before the expiration of the 
3-month period beginning on the date on which such amount be-
comes available. 
„^< • ^..^ 
.„.:, 
,,, ., ,«^,>«..i 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 493 
SEC. 316. PROGRAM GUIDELINES. 
42 USC 11346. 
(a) GuiDEUNES.—The National Board shall establish written 
guidelines for carrying out the program under this subtitle, 
including— 
(1) methods for identifying localities with the highest need for 
emergency food and shelter assistance; 
(2) methods for determining the amount and distribution to 
r;, 
K ;. ? 
such localities; 
(3) eligible program costs, including maximum flexibility in 
meeting currently existing needs; and 
v 
7 
(4) guidelines specif3dng the responsibilities and reporting 
requirements of the National Board, its recipients, and service 
providers. 
(b) PuBUCATioN.—Guidelines established under subsection (a) 
shall be published annually, and whenever modified, in the Federal 
Register. The National Board shall not be subject to the procedural 
rulemaking requirements of subchapter II of chapter 5 of title 5, 
United States Code. 
5 USC 551. 
Subtitle C—General Provisions 
SEC. 321. DEFINITIONS. 
42 USC 11351. 
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 tem-
porary housing. 
(3) The term "local government" means a unit of general 
purpose local government. 
(4) The term "locality" means the geographical area within 
^ 
the jurisdiction of a local government. 
J 
(5) The term "National Board" means the Emergency Food 
and Shelter Program National Board. 
f 
(6) The term "private nonprofit organization" means an 
; 
organization— 
(A) no part of the net earnings of which inures to the 
benefit of any member, founder, contributor, or individual; 
I 
(B) that has a voluntary board; 
(C) that has an accounting system, or has designated a 
j^ 
fiscal agent in accordance with requirements established by 
^ 
the Director; and 
(D) that practices nondiscrimination in the provision of 
assistance. 
(7) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
SEC. 322. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 11352. 
There are authorized to be appropriated to carry out this title 
$15,000,000 for fiscal year 1987 and $124,000,000 for fiscal year 1988. 
X 
101 STAT. 494 
•ihi.. 
PUBLIC LAW 100-77—JULY 22, 1987 
TITLE IV—HOUSING ASSISTANCE 
Subtitle A—Comprehensive Homeless 
Assistance Plan 
42 u s e 11361. 
State and local 
governments. 
Urban areas. 
SEC. 401. 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 Develop-
ment (in this subtitle referred to as the "Secretary") a com-
prehensive 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 sec-
tion shall contain— 
(1) a statement describing the need for assistance under this 
title; 
(2) a brief inventory of facilities and services that £issist the 
' 
homeless population within that jurisdiction; 
(3) a strategy (A) to match the needs of the homeless popu-
lation 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 dis-
approval within such period, the comprehensive plan shall be 
deemed to have been approved. 
(2) The Secretary shall permit amendments to, or the 
resubmission of, any comprehensive plan that is disapproved. 
(d) PERFORMANCE REVIEWS.— 
- 
. v - . ^ * « » . = . . . 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 495 
(1) Each State, metropolitan city, and urban county described 
in subsection (a) shall review annually the progress it has made 
in carrying out its comprehensive plan. 
(2) Each State, metropolitan city, and urban county described 
in subsection (a) shall report annually to the Secretary the 
results of such review. The Secretary shall review the reports 
submitted under this paragraph and shall make such rec-
ommendations as may be appropriate, 
(3) Further assistance under this title shall not be made 
available to, or within the jurisdiction of, any State, metropoli-
tan 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. 
Reports. 
Subtitle B—Emergency Shelter Grants 
Program 
SEC. 411. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term "local government" means a unit of general 
purpose local government. 
(2) The term "locality" means the geographical area within 
the jurisdiction of a local government. 
(3) The term "metropolitan city" has the meaning given such 
term in section 102 of the Housing and Community Develop-
ment Act of 1974. 
(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 secu-
lar or religious organization described in section 501(c) of the 
Internal Revenue Code of 1986 that is exempt from taxation 
under subtitle A of such Code, has an accounting system and a 
voluntary board, and practices nondiscrimination in the provi-
sion of assistance. 
(6) The term "recipient" means any governmental or private 
nonprofit entity that is approved by the Secretary as to finan-
cial 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 
42 use 11371. 
42 u s e 5302. 
100 Stat. 2095; 26 
use 501. 
26 use 1. 
101 STAT. 496 
PUBLIC LAW 100-77—JULY 22, 1987 
42 use 5302. 
42 u s e 11372. 
State and local 
governments. 
42 u s e 11373. 
State and local 
governments. 
Urban areas. 
42 use 5306. 
J.ili 2i 
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 Develop-
ment Act of 1974. 
SEC. 412. 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 non-
profit organizations providing assistance to homeless individuals, in 
the C£ise of grants made with reallocated amounts) in order to carry 
out activities described in section 414. 
SEC. 413. 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, metropoli-
tan city, or urban county is equal to the percentage of the total 
amount available for section 106 of the Housing and Community 
Development Act of 1974 for such prior fiscal year that is allocated 
to such State, metropolitan city, or urban county. 
(b) MINIMUM ALLOCATION REQUIREMENT.—If, under the allocation 
provisions applicable under this subtitle, any metropolitan city or 
urban county would receive a grant of less than 0.05 percent of the 
amounts appropriated to carry out this subtitle for any fiscal year, 
such amount shall instead be reallocated to the State, except that 
any city that is located in a State that does not have counties as 
local governments, that has a population greater than 40,000 but 
less than 50,000 as used in determining the fiscal year 1987 commu-
nity development block grant program allocation, and that w£is 
allocated in excess of $1,000,000 in community development block 
grant funds in fiscal year 1987, shall receive directly the amount 
allocated to such city under subsection (a). 
(c) DISTRIBUTIONS TO NONPROFIT ORGANIZATIONS.—Any local 
government receiving assistance under this subtitle may distribute 
all or a portion of such assistance to private nonprofit organizations 
providing assistance to homeless individuals. 
(d) REALLOCATION OF FUNDS.— 
(1) The Secretary shall, not less than twice during each fiscal 
year, reallocate any assistance provided under this subtitle that 
is unused or returned or that becomes available under subsec-
tion Ot)). 
(2) If a city or county eligible for a grant under subsection (a) 
i^ 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 
i>*' the State has obtained approval of its comprehensive plan. Any 
amounts that cannot be allocated to a State under the preceding 
sentence shall be reallocated to other States, counties, and cities 
that demonstrate extraordinary need or large numbers of home-
less individuals, as determined by the Secretary. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 497 
(3) If a State fails to obtain approval of its comprehensive plan 
during the 90-day period following the date funds authorized by 
i 
this subtitle first become available for allocation during any 
fiscal year, the amount that the State would have received shall 
"
^ 
be reallocated to other States and to cities and counties that 
demonstrate extraordinary need or large numbers of homeless 
individuals, as determined by the Secretary. 
(e) ALLOCATIONS TO TERRITORIES.—In addition to the other alloca-
tions required in this section, the Secretary shall (for amounts 
appropriated after the date of enactment of this Act) allocate assist-
ance under this subtitle to the Virgin Islands, Guam, American 
Samoa, the Northern Mariana Islands, the Trust Territory of the 
Pacific Islands, and any other territory or possession of the United 
States, in accordance with an allocation formula established by the 
Secretary. 
SEC. 414. ELIGIBLE ACTIVITIES. 
(a) IN GENERAL.—Assistance provided under this subtitle may be 
used for the following activities relating to emergency shelter for 
homeless individuals: 
(1) The renovation, major rehabilitation, or conversion of 
buildings to be used as emergency shelters. 
*
^ 
(2) The provision of essential services, including services con-
;. 
cerned with employment, health, drug abuse, or education, if— 
t 
(A) such services have not been provided by the local 
I 
government during any part of the immediately preceding 
12-month period; and 
(B) not more than 15 percent of the amount of any 
assistance to a local government under this subtitle is used 
for activities under this paragraph. 
(3) Maintenance, operation (other than staff), insurance, utili-
ties, and furnishings. 
(b) WAIVER AUTHORITY.—The Secretary may waive the 15 percent 
limitation on the use of assistance for essential services contained in 
subsection (a)(2)(B), if the local government receiving the assistance 
demonstrates that the other eligible activities under the program 
are already being carried out in the locality with other resources. 
SEC. 415. RESPONSIBILITIES OF RECIPIENTS. 
(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 salaiy paid to staff to carry out the 
program of the recipient, and the value of the time and services 
contributed by volunteers to carry out the program of the 
recipient at a rate determined by the Secretary. 
(b) ADMINISTRATION OF ASSISTANCE.—Each recipient shall act as 
the fiscal ^ e n t of the Secretary with respect to assistance provided 
to such recipient. 
Virgin Islands. 
Guam. 
American 
Samoa. 
Northern 
Mariana Islands. 
Trust Territory 
of the Pacific 
Islands. 
42 u s e 11374. 
Public buildings 
and grounds. 
Employment 
and 
unemplojrment. 
Health and 
medical care. 
Drugs and drug 
abuse. 
Education. 
42 u s e 11375. 
•n "jci'i s,i-
101 STAT. 498 
PUBLIC LAW 100-77—JULY 22, 1987 
Health and 
medical care. 
42 use 11376. 
100 Stat. 
1783-242, 
3341-242. 
42 use 11377. 
(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 conver-
sion of such building; 
(2) any renovation carried out with assistance under this 
subtitle shall be sufficient to ensure that the building involved 
is safe and sanitary; and 
(3) it will assist homeless individuals in obtaining— 
(A) appropriate supportive services, including permanent 
housing, medical and mental health treatment, counseling, 
supervision, and other services essential for achieving 
independent living; and 
(B) other Federal, State, local, and private assistance 
available for such individuals. 
SEC. 416. ADMINISTRATIVE PROVISIONS. 
(a) REGULATIONS.—Not later than 60 days after the date of enact-
ment of this Act, the Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of this 
subtitle. Such requirements shall be subject to section 553 of title 5, 
United States Code. The Secretary shall issue requirements based 
on the initial notice before the expiration of the 12-month period 
following the date of enactment of this Act. Prior to the issuance of 
such requirements in final form, the requirements established by 
the Secretary implementing the provisions of the emergency shelter 
grants program under the provisions made effective by section 
101(g) of Public Law 99-500 or Public Law 99-591 shall govern the 
emergency shelter grants program under this subtitle. 
(b) INITIAL ALLOCATION OF ASSISTANCE.—Not later than the expira-
tion 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 notwith-
standing any failure of the Secretary to issue requirements under 
subsection (a). 
SEC. 417. AUTHORIZATION OF APPROPRIATIONS. 
In addition to other amounts authorized by law, there are au-
thorized to be appropriated for the emergency shelter grants pro-
gram $100,000,000 for fiscal year 1987 and $120,000,000 for fiscal 
year 1988. 
Subtitle C—Supportive Housing 
Demonstration Program 
42 use 11381. 
SEC. 421. ESTABLISHMENT OF DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—The Secretary of Housing and Urban Develop-
ment shall carry out a program in accordance with the provisions of 
this subtitle to develop innovative approaches for providing support-
ive housing, especially to deinstitutionalized homeless individuals. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 499 
homeless families with children, and homeless individuals with 
mental disabilities and other handicapped homeless persons. 
(b) PURPOSES.—The demonstration program carried out under this 
suljtitle shall be designed to determine— 
(1) the cost of acquisition, rehabilitation, acquisition and re-
habilitation, or leasing of existing structures for the provision of 
* supportive housing; 
(2) the cost of operating such housing and providing support-
£. ive services to the residents of such housing; 
I 
(3) the social, financial, and other advantages of such housing 
as a means of assisting homeless individuals; and 
(4) the lessons that the provision of such housing might have 
for the design and implementation of housing programs that 
serve homeless individuals and families with special needs, 
particularly deinstitutionalized homeless individuals, homeless 
families with children, and homeless individuals with mental 
disabilities and other handicapped homeless persons. 
The Secretary shall administer the program under this subtitle and 
award assistance to applicants in a manner that clearly dem-
onstrates that a central purpose and major funding priority of the 
program is to provide supportive housing for deinstitutionalized 
homeless individuals and other homeless individuals with mental 
disabilities. 
SEC. 422. DEFINITIONS. 
42 USC 11382. 
For purposes of this subtitle: 
(1) The term "applicant" means a State, metropolitan city, 
urban county, tribe, or private nonprofit organization that is 
eligible to be a recipient under this subtitle, except that, in the 
case of permanent housing for handicapped homeless persons, 
such term means the State in which the project is to be located. 
(2) The term "handicapped" means an individual who is 
handicapped within the meaning of section 202 of the Housing 
Act of 1959. 
12 USC 1701q. 
(3) The term "handicapped homeless person" means a handi-
capped individual who is a homeless individual within the 
meaning of section 103, is at risk of becoming a homeless 
individual, or is a handicapped individual who has been a 
resident of transitional housing carried out pursuant to the 
provisions made effective by section 101(g) of Public Law 99-500 
or Public Law 99-591. 
l
O
O Stat. 
(4) The term "metropolitan city" has the meaning given such 1783-242, 
« term in section 102 of the Housing and Community Develop- 3341-242. 
ment Act of 1974. 
42 USC 5302. 
(5) The term "operating costs" means expenses incurred by a 
J recipient operating transitional housing under this subtitle with 
respect to— 
(A) the administration, maintenance, repair, and security 
.\ 
of such housing; 
f 
(B) utilities, fuel, furnishings, and equipment for such 
housing; 
(C) the conducting of the assessment required in section 
9 
424(cX2); and 
(D) the provision of supportive services to the residents of 
3 
such housing. 
¥ 
(6) The term "private nonprofit organization" means an 
organization— 
101 STAT. 500 
PUBLIC LAW 100-77—JULY 22, 1987 
riirw 
(A) no part of the net earnings of which inures to the 
benefit of any member, founder, contributor, or individual; 
ai 
f
^
:
: ; 
(B) that has a voluntary board; 
(C) that has an accounting system, or has designated a 
fiscal agent in accordance with requirements established by 
1 
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 pro-
vided under this subtitle. 
•s 
(8) The term "project sponsor" means a private nonprofit 
^ organization that operates a project for permanent housing for 
handicapped homeless persons, and that is approved by the 
Governor or other chief executive official of a State as to 
^ financial responsibility. 
(9) The term "recipient" means any governmental or non-
^' profit entity that is approved by the Secretary as to financial 
responsibility. 
^ 
(10) The term "Secretary" means the Secretary of Housing 
and Urban Development. 
(11) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
:;Ci. •^-il) ii 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
^ 
(12) The term "supportive housing" means a project assisted 
2 under this subtitle that provides housing and supportive serv-
ices for homeless individuals. Such housing shall be safe and 
. sanitary and when appropriate meet all applicable State and 
B local housing codes and licensing requirements in the jurisdic-
j tion in which the housing is located. All or part of the support-
ply-r '.^y %
£ * ive services may be provided directly by the recipient or by 
gj-j-ajigements with other public or private service providers. 
^ The term includes the following: 
.; 
(A) Transitional housing, which means a project assisted 
: 
under this subtitle that has as its purpose facilitating the 
movement of homeless individuals to independent living 
ijjji . within a reasonable amount of time, as determined by the 
; <
^
x
, 
Secretary. Transitional housing includes housing primarily 
designed to serve deinstitutionalized homeless individuals 
and other homeless individuals with mental disabilities, 
;.;•,„- 
. ^ 
and homeless families with children. 
fc 
(B) Permanent housing for handicapped homeless per-
0 
sons, which means a project assisted under this subtitle 
that provides community-based long-term housing and 
yJliii 
supportive services for not more than 8 handicapped home-
less persons and that is carried out by a project sponsor. 
li'iws 
Each project shall be either a home designed solely for 
housing handicapped persons or dwelling units in a multi-
emiy 
family housing project, condominium project, or cooperative 
project. Not more than 1 home may be located on any 1 site 
t:j :in and no such home may be located on a site contiguous to 
another site containing such a home. All projects shall be 
i
;
~ 3) integrated into the neighborhoods in which they are 
located. 
.. , .^, . 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 501 
' ' 
(13) The term "supportive services" means assistance de-
signed by the recipient that the Secretary determines (A) 
addresses the special needs of persons, such as deinstitutional-
ized homeless individuals, homeless families with children, and 
homeless individuals with mental disabilities and other handi-
capped homeless persons, intended to be served by a project; and 
(B) assists in accomplishing the purposes of the different types 
of supportive housing niade eligible under this subtitle. 
(14) The term "urban county" has the meaning given such 
"' term in section 102 of the Housing and Community Develop-
ment Act of 1974. 
SEC. 423. TYPES OF ASSISTANCE. 
(a) IN GENERAL.—The Secretary may provide the following assist-
ance to a project under this subtitle: 
(1) An advance, in an amount not to exceed $200,000, of the 
aggregate cost of acquisition, substantial rehabilitation, or ac-
: ' quisition and rehabilitation of an existing structure for use in 
the provision of supportive housing. 
(2) A grant for moderate rehabilitation of an existing struc-
ture for use in the provision of supportive housing. 
(3) Annual payments for operating costs of transitional hous-
ing, 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 ad-
vance provided under subsection (aXl) shall be repaid on such terms 
as may be prescribed by the Secretary when the project ceases to be 
used as supportive housing in accordance with the provisions of this 
subtitle. Recipients and project sponsors shall be required to repay 
100 percent of the advance if the project is used as supportive 
housing for fewer than 10 years following initial occupancy. If the 
project is used as supportive housing for more than 10 years, the 
percentage of the amount that shall he required to be repaid shall be 
reduced by 10 percentage points for each year in excess of 10 that 
the property is used as supportive housing. A project may continue 
to be treated as supportive housing for purposes of this subsection if 
the Secretary determines that such project is no longer needed for 
use as supportive housing and approves the use of such project for 
the direct benefit of lower income persons. 
(c) PREVENTION OF UNDUE BENEFITS.—Upon any sale or other 
disposition of a project acquired or rehabilitated with assistance 
under this subtitle prior to the close of 20 years after the project is 
placed in service, otner than a sale or other disposition resulting in 
the use of the project for the direct benefit of lower income persons 
or where all of the proceeds are used to provide supportive housing, 
the recipient shall comply with such terms and conditions as the 
Secretary may prescribe to prevent the recipient from unduly bene-
fiting from the sale or other disposition of the project. 
SEC. 424. PROGRAM REQUIREMENTS. 
(a) APPUCATIONS.— 
(1) Applications for assistance under this subtitle shall be 
submitted by an applicant in such form and in accordance with 
such procedures as the Secretary shall establish. 
42 use 5302. 
42 use 11383. 
42 use 11384. 
101 STAT. 502 
PUBLIC LAW 100-77—JULY 22, 1987 
State and local 
governments. 
State and local 
governments. 
State and loceil 
governments. 
(2) The Secretary shall require that applications contain at a 
, 
minimum— 
(A) a description of the proposed project; 
I 
(B) a description of the size and characteristics of the 
population that would occupy supportive housing; 
(C) a description of the public and private resources that 
.i . 
are expected to be made available in compliance with sec-
tion 425; 
(D) assurances satisfactory to the Secretary that the 
project assisted will be operated for not less than 10 years 
for the purpose specified in the application; 
(E) a certification from the public official responsible for 
submitting a comprehensive plan for the jurisdiction to be 
afliS? 
served by the proposed project (by the State in the case of a 
project for permanent housing for the handicapped home-
^ 
less) that the proposed project is consistent with the ap-
plicable 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 nec-
essary 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 respon-
sibilities under this subtitle; and 
* 
(iii) an assessment of how the proposed project would 
meet the needs of handicapped homeless persons in the 
State. 
(h) SELECTION CRITERIA.—The Secretary shall establish selection 
criteria for a national competition for assistance under this subtitle, 
which shall include— 
(1) the ability of the applicant or the project sponsor to 
develop and operate supportive housing; 
* 
(2) the innovative quality of the proposal in providing support-
ive 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 pro-
vided 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 pursu-
ant to subsection (aX2)(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— 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 503 
;' 
(1) to operate the proposed project as supportive housing in 
accordance with the provisions of this subtitle; 
(2) to conduct an ongoing assessment of the supportive serv-
c ices required by the residents of the project; 
(3) to provide such residential supervision as the Secretary 
determines is necessary to facilitate the adequate provision of 
supportive services to the residents of the project; 
(4) to monitor and report to the Secretary on the progress of 
the project; and 
(5) to comply with such other terms and conditions as the 
Secretary may establish for purposes of carrying out the dem-
onstration program established in this subtitle in an effective 
and efficient manner. 
(d) OCCUPANT RENT.—Each homeless individual residing in a facil-
ity assisted under this subtitle shall pay as rent an amount deter-
mined in accordance with the provisions of section 3(a) of the United 
States Housing Act of 1937. 
SEC. 425. 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 used solely for acquisition or rehabilita-
tion; and 
(B) not more than 50 percent of which may be local 
government funds. 
(2) The Secretary may waive all or part of the requirement 
established in paragraph (1) if the State demonstrates to the 
satisfaction of the Secretary that— 
(A) the State is experiencing a severe financial hardship 
that makes it unable to provide an equal amount of funds; 
and 
(B) the local governments of the areas to be served by the 
project will contribute funds from other non-Federal 
sources in an aggregate amount equal to the amount 
of 
such 
contribution 
waived 
for the 
State 
under 
this paragraph. 
SEC. 426. GUIDELINES. 
(a) REGULATIONS.—Not later than 90 days following the date of 
enactment of this Act, the Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of this 
subtitle. Until final regulations are issued under this subtitle, the 
regulations established by the Secretary implementing the provi-
sions made effective by section 101(g) of Public Law 99-500 or Public 
Law 99-591 shall govern the transitional housing provisions of this 
subtitle. 
42 u s e 1437a. 
42 u s e 11385. 
State and local 
governments. 
42 u s e 11386. 
100 Stat. 
1783-242, 
3341-242. 
101 STAT. 504 
PUBLIC LAW 100-77—JULY 22, 1987 
42 use 11387. 
r"i • 
42 use 11388. 
(b) LIMITATION ON USE OF FUNDS.—NO assistance received under 
this subtitle (or any State or local government funds used to supple-
ment such assistance) may be used to replace other public funds 
previously used, or designated for use, to assist handicapped per-
sons, homeless individuals, or handicapped homeless persons. 
(c) LIMITATION ON ADMINISTRATIVE EXPENSES.—NO recipient may 
use more than 5 percent of an advance or grant received under this 
subtitle for administrative purposes. 
SEC. 427. REPORT TO CONGRESS. 
t 
; 
The Secretary shall submit to the Congress— 
(1) not later than 3 months after the end of fiscal year 1987, 
J 
an interim report summarizing the activities carried out under 
this subtitle during such fiscal year and setting forth any 
j, 
preliminary findings or conclusions of the Secretary as a result 
of such activities; and 
(2) not later than 6 months after the end of fiscal year 1988, a 
final report summarizing all activities carried out under this 
subtitle and setting forth any findings, conclusions, or rec-
ommendations of the Secretary as a result of such activities. 
SEC. 428. 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 
I'. 
housing projects that serve homeless families with children; and 
I 
(2) not less than $15,000,000 shall be allocated to projects that 
provide permanent housing for handicapped homeless persons. 
(c) FUNDING CONSIDERATIONS.—The Secretary shall provide addi-
tional consideration to projects designed especially to meet the 
needs of deinstitutionalized homeless individuals and other home-
less individuals with mental disabilities, so that such projects will 
receive a significant share of the funds provided under this subtitle. 
Subtitle D—Supplemental Assistance for 
Facilities to Assist the Homeless 
42 use 11391. 
SEC. 431. DEFINITIONS. 
t 
- 
^, v 
; 
For purposes of this subtitle: 
* 
(1) The term "applicant" means a State, metropolitan city, 
urban county, tribe, or private nonprofit organization that is 
^ t s i') ;' ^i-- 
eligible to be a recipient under this subtitle. 
(2) The term "assistance" means non-interest bearing ad-
'1 
vances to assist the acquisition, lease, renovation, substantial 
rehabilitation, or conversion of facilities to cussist the homeless, 
gr£ints 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 Develop-
42 use 5302. 
ment Act of 1974. 
f..> 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 505 
(4) The term "outpatient health services" means outpatient 
health care, outpatient mental health services, outpatient sub-
stance abuse services, and case management services. 
(5) The term "private nonprofit organization" means an 
organization— 
(A) no part of the net earnings of which inures to the 
benefit of any member, founder, contributor, or individual; 
(B) that has a voluntary board; 
(C) that has an accounting system, or has designated a 
fiscal agent in accordance with requirements established by 
<i 
the Secretary; and 
(D) that practices nondiscrimination in the provision of 
assistance. 
(6) The term "recipient" means any governmental or non-
profit entity that is approved by the Secretary as to financial 
responsibility. 
(7) The term "Secretary" means the Secretary of Housing and 
it 
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, secu-
rity arrangements necessary for the protection of residents of 
facilities to assist the homeless, and such other services essen-
tial for maintaining independent living as the Secretary deter-
mines 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, includ-
ing mental health benefits, employment counseling, and medi-
cal assistance. Such term does not include major medical 
equipment. 
(10) The term "urban county" has the meaning given such 
term in section 102 of the Housing and Community Develop-
ment Act of 1974. 
SEC. 
432. 
SUPPLEMENTAL ASSISTANCE. 
(a) IN GENERAL.—The Secretary of Housing and Urban Develop-
ment is authorized in accordance with the provisions of this sub-
t i t l e -
C
D to provide assistance to cover the costs in excess of assist-
' 
ance provided under the emergency shelter grant program or 
the supportive housing demonstration program that 
are 
required— 
(A) to meet the special needs of homeless families with 
children, elderly homeless individuals, or the handicapped; 
or 
(B) to facilitate the transfer and utilization of public 
buildings to assist homeless individuals and families; or 
• - 
(2) to provide comprehensive assistance for particularly 
innovative programs for, or alternative methods of, meeting the 
i<3 
immediate and long-term needs of homeless individvials and 
families by assisting— 
42 use 5302. 
42 use 11392. 
Public buildings 
and grounds. 
101 STAT. 506 
PUBLIC LAW 100-77—JULY 22, 1987 
State and local 
governments. 
Health and 
medical care. 
(A) the purchsise, lease, renovation, or conversion of facili-
ties to assist the homeless, which facilities shall be safe and 
sanitary and, when appropriate, meet all applicable State 
i M ; 
and local housing and building codes and licensing require-
ments 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 ceeises to be used to assist homeless individuals in 
accordance with the provisions of this subtitle. A recipient shall 
be required to repay 100 percent of the advance if the recipient 
uses the project to assist homeless individuals for fewer than 10 
years following initial occupancy. If the recipient uses the 
project to assist homeless individuals for more than 10 years, 
the percentage of the amount that the recipient shall be re-
quired 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 para-
graph 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 disposi-
tion of the project. 
(4) Not more than $10,000 of any grant or advance under this 
subtitle may be used for outpatient health services (excluding 
the cost of any rehabilitation or conversion). 
(c) EuGiBiuTY.—To receive assistance under this subtitle, a State, 
metropolitan city, urban county, tribe, or private 
nonprofit 
organization shall submit an application to the Secretary in such 
form and containing such information as the Secretary shall 
prescribe. 
(d) SELECTION.—Assistance may be provided under this subtitle 
only to an applicant that— 
(1) has shown a demonstrated commitment to alleviating 
poverty; 
^ 
^ 
. .„w> 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 507 
(2) has furnished assurances satisfactory to the Secretary that 
any property purchased, leased, renovated, or converted with 
assistance under this subtitle will be operated to assist homeless 
individuals for not less than 10 years; 
(3) has the continuing capacity to effectively provide assist-
ance 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 Develop-
ment 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 Develop-
ment 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 appropriate-
ness of proposed outpatient health services. Such guidelines 
shall include such provisions as are necessary to enable the 
Secretary of Housing and Urban Development to meet the time 
limits under this subtitle for the final selection of applications 
for assistance. 
(f) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of a grant or advance made under this section may be 
expended for administrative expenses. 
SEC. 433. REGULATIONS. 
Not later than the expiration of the 30-day period beginning on 
the date of enactment of this Act, the Secretary shall by notice 
establish such requirements as may be necessary to carry out the 
provisions of this subtitle. Such requirements shall not be subject to 
section 553 of title 5, United States Code, or section 7(o) of the 
Department of Housing and Urban Development Act. Such notice 
shall— 
(1) provide that a notice of funding availability shall be 
published in the Federal Register not later than the expiration 
of the 30-day period beginning on the date on which amounts 
become available to carry out this subtitle; 
(2) require all applications for assistance under this subtitle to 
be submitted not later than the expiration of the 60-day period 
Health and 
medical care. 
42 u s e 11393. 
Federal 
Register, 
publication. 
42 use 3535. 
101 STAT. 508 
PUBLIC LAW 100-77—JULY 22, 1987 
beginning on the date on which the notice of funding availabil-
ity is published in the Federal Register; and 
(3) provide that the final selection of applications for assist-
ance under this subtitle shall be completed not later than the 
expiration of the 90-day period beginning on the date on which 
the notice of funding availability is published in the Federal 
Register. 
42 u s e 11394. 
SEC. 434. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this subtitle 
$25,000,000 for each of the fiscal years 1987 and 1988. Any amounts 
that are appropriated to carry out this subtitle and that are not 
reserved prior to the 30-dav period preceding the close of a fiscal 
year shall be made available prior to the close of such fiscal year. 
Subtitle E—Miscellaneous Provisions 
42 use 11401. 
42 use 1437c. 
42 use 1437f. 
42 use 1437f. 
Urban areas. 
eontracts. 
State and local 
governments. 
SEC. 441. SECTION 8 ASSISTANCE 
FOR SINGLE 
ROOM 
OCCUPANCY 
DWELLINGS. 
(a) INCREASE IN BUDGET AUTHORITY.—The budget authority avail-
able under section 5(c) of the United States Housing Act of 1937 for 
assistance under section 8(e)(2) of such Act is authorized to be 
increased by $35,000,000 on or after October 1, 1986, and by 
$35,000,000 on or after October 1,1987. 
(b) USE OF FUNDS.—The amounts made available under this sec-
tion shall be used only in connection with the moderate rehabilita-
tion of housing described in section 8(n) of the United States 
Housing Act of 1937 for occupancy by homeless individuals. 
(c) ALLOCATION.—The amounts made available under this section 
shall be allocated by the Secretary of Housing and Urban Develop-
ment 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 sec-
tion, 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 popu-
lation within the applicant's jurisdiction that would occupy 
single room occupancy dwellings; 
(2) a listing of additional commitments from public and pri-
vate 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.— 
-^ 
' r: 
^-^ 
^ Bh.'i / , 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 509 
(1) The total cost of rehabilitation that may be compensated 
for in a contract for housing assistance payments entered into 
with the authority provided under this section shall not exceed 
$14,000 per unit, plus the expenditures required by sub-
section (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 contribu-
tions entered into with a public housing agency to obligate the 
authority made available under this section shall— 
(1) commit the Secretary of Housing and Urban Development 
to make such authority available to the public housing agency 
for an aggregate period of 10 years, and require that any 
amendments increasing such authority shall be available for 
the remainder of such 10-year period; 
(2) provide the Secretary of Housing and Urban Development 
with the option to renew the contract for an additional period of 
10 years, subject to the availability of appropriations; and 
(3) provide that, notwithstanding any other provision of law, 
first priority for occupancy of housing rehabilitated under this 
section shall be given to homeless individuals. 
SEC. 442. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT. 
Section 102(aX6) of the Housing and Community Development Act 
of 1974 is amended in the second sentence by inserting "or 1984" 42 USC 5302. 
after "fiscal year 1983". 
TITLE V—IDENTIFICATION AND USE OF 
SURPLUS FEDERAL PROPERTY 
SEC. 501. USE OF UNDERUTILIZED PUBLIC BUILDINGS AND PROPERTY 
42 USC 11411. 
FOR FACILITIES TO ASSIST THE HOMELESS. 
(a) IDENTIFICATION OF UNDERUTIUZED SUITABLE BUILDINGS AND 
PROPERTY.—The Secretary of Housing and Urban Development shall 
collect information about Federal public buildings and other Federal 
•' 
real properties (including fixtures) that are described in surveys by 
the heads of controlling agencies as underutilized and shall identify 
which of those buildings and properties are suitable for use for 
facilities to assist the homeless. The Secretary, in consultation with 
the Secretary of Health and Human Services £ind the Administrator 
of General Services, shall develop criteria with respect to suitability 
-t ; 
of such property for use as facilities to assist the homeless. 
* 
-' 
flo) AGENCY RESPONSES.—The Secretary of Housing and Urban 
Development shall notify each Federal agency with respect to any 
KJ. ;«* v 
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— 
101 STAT. 510 
PUBLIC LAW 100-77—JULY 22, 1987 
State and local 
governments. 
40 u s e 484. 
State and local 
governments. 
State and local 
governments. 
42 u s e 11412. 
Public 
information. 
40 u s e 484. 
(1) a statement of the agency's intention to declare the prop-
erty 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) AVAILABIUTY FOR F A C I U T I E S T O A S S I S T THE HOMELESS.—The 
Administrator of General Services and the Secretary of Health and 
Human Services shall, in accordance with other applicable Federal 
law, take such actions as may be necessary to make buildings and 
property identified under subsection (a) available for use for facili-
ties to assist the homeless operated by private nonprofit organiza-
tions, 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, the furnish-
ing 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 ap-
plicable law to make such property available for use for facili-
ties to assist the homeless operated by private nonprofit 
organizations, units of local government, and States. 
SEC. 5
0
2
. 
MAKING SURPLUS 
PERSONAL PROPERTY AVAILABLE TO 
NON-
PROFIT 
AGENCIES. 
(a) EuGiBiUTY.—Section 203(jX3)(B) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(jX3)(B)) is 
amended by inserting "providers of assistance to homeless individ-
uals" after "health centers,". 
G)) REQUIREMENT FOR NOTIFICATION.—Within 90 days after the 
enactment of this Act, the Administrator of General Services shall 
require each State agency administering a State plan under section 
203(j) of the Federal Property and Administrative Services Act of 
1949 to make generally available information about surplus per-
sonal 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 home-
less individuals by a State agency distributing such property at (1) a 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 511 
nominal cost to such organization or (2) at no cost when the 
Administrator agrees to reimburse the State agency for the costs of 
care and handling of such property. 
TITLE VI—HEALTH CARE FOR THE 
HOMELESS 
Subtitle A—Primary Health Services and 
Substance Abuse Services 
SEC. 601. ESTABLISHMENT OF GRANT PROGRAM. 
Part D of title III of the Public Health Service Act (42 U.S.C. 254b 
et seq.) is amended by striking subpart IV and inserting the follow- 
42 USC 256a. 
ing new subpart: 
"Subpart IV—Health Services for the Homeless 
"GRANT PROGRAM FOR CERTAIN HEALTH SERVICES FOR THE HOMELESS 
"SEC. 340. (a) ESTABUSHMENT.—(1) The Secretary, acting through 
42 USC 256. 
the Administrator of the Health Resources and Services Administra-
tion, shall make grants for the purpose of enabling grantees, directly 
or through contracts, to provide for the delivery of health services to 
homeless individuals. 
"(2) In carrying out the program established in paragraph (1), the 
Administrator shall consult with the Director of the National 
Institute on Alcohol Abuse and Alcoholism and with the Director of 
the National Institute of Mental Health. 
"(b) MINIMUM QUALIFICATIONS OF GRANTEES.—The Secretary may 
not make a grant under subsection (a) to an applicant unless— 
"(1) the applicant is a public or nonprofit private entity; 
"(2) the applicant has the capacity to effectively administer a 
grant under subsection (a); and 
"(3) with respect to health services that are covered in the State and local 
appropriate State plan approved under title XIX of the Social 
governments. 
Security Act— 
42 USC 1396. 
"(A) if the applicant will provide under the grant any 
such health services directly— 
"(i) the applicant heis entered into a participation 
agreement under the appropriate State plan; and 
"(ii) the applicant is qualified to receive payments 
under the appropriate State plan; and 
"(B) if the applicant will provide under the grant 
any such health services through a contract with an 
organization— 
"(i) the organization has entered into a participation 
agreement under the appropriate State plan; and 
"(ii) the organization is qualified to receive payments 
under the appropriate State plan. 
"(c) PREFERENCES IN MAKING GRANTS.—The Secretary shall, in 
making grants under subsection (a), give preference to qualified 
applicants that— 
101 STAT. 512 
PUBLIC LAW 100-77—JULY 22, 1987 
"(IXA) are experienced in the direct delivery of primary 
health services to homeless individuals or medically under-
served 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 individ-
uals through both public entities and private organizations. 
"(d) REQUIREMENT OP SUBMISSION OF APPUCATION CONTAINING 
CERTAIN AGREEMENTS.—(1) The Secretary may not make a grant 
under subsection (a) to an applicant unless the applicant has submit-
ted to the Secretary an application for the grant containing agree-
ments in accordance with— 
"(A) subsection (eXlXAXii), relating to the provision of match-
ing funds; 
'(B) subsection (f), relating to the provision of certain health 
.BaaS-030.Si" . 
services; 
"(C) subsection (h), relating to restrictions on the use of funds; 
"(D) subsection (i), relating to a limitation on charges for 
services; 
"(E) subsection (j), relating to the administration of grants; 
and 
"(F) subsection (k), relating to a limitation on administrative 
^
. •>$ 
^ 
expenses. 
"(2) An application required in paragraph (1) shall, with respect to 
agreements required to be contained in the application, provide 
assurances of compliance satisfactory to the Secretary and shall 
otherwise be in such form, be made in such msmner, and contain 
such information in addition to information required in parsigraph 
(1) as the Secretary determines to be necessary to carry out this 
section. 
"(e) REQUIREMENT OF PROVISION OF MATCHING FUNDS.—(IXA) The 
Secretary may not make a grant under subsection (a) to £in 
applicant— 
"(i) in an amount exceeding 75 percent of the costs of provid-
ing health services under the grant; and 
(ii) unless the applic£int 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. 
"(BXi) Non-Federal contributions required in subparagraph (A) 
may be in cash or in kind, fairly evaluated, including plant, equip-
ment, or services. Amounts provided by the federal Government, or 
services Eissisted or subsidized to any significant extent by the 
Federal Government, may not be included in determining the 
amount of such non-FedersQ contributions. 
"(ii) Such determination may not include any cash or in-kind 
contributions that, prior to February 26, 1987, were made available 
by any public or private entity for the purpose of assisting homeless 
individuals (including assistance other than the provision of health 
services). 
"(2) The Secretary may waive the requirement established in 
paragraph (IXA) 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. 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 513 
"(f) REQUIREMENT OF PROVISION OF CERTAIN HEALTH SERVICES.— 
The Secretary may not make a grant under subsection (a) to an 
applicant unless the applicant agrees that the applicant will, 
directly or through contract— 
"(1) provide health services at locations accessible to homeless 
individuals; 
"(2) provide to homeless individuals, at all hours, emergency 
health services; 
"(3) refer homeless individuals as appropriate to medical 
facilities for necessary hospital services; 
"(4) refer for mental health services homeless individuals who 
are mentally ill to entities that provide such services, unless the 
applicant will provide such services pursuant to subsection (g); 
"(5) provide outreach services to inform homeless individuals 
of the availability of health services; and 
"(6) aid homeless individuals in establishing eligibility for 
assistance, and in obtaining services, under 
entitlement 
programs. 
"(g) OPTIONAL PROVISION OF MENTAL HEALTH SERVICES.—A 
grantee under subsection (a) may expend amounts received pursu-
ant 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 (IXD). 
"(i) LIMITATION ON CHARGES FOR SERVICES.—The Secretary may 
not make a grant under subsection (a) to an applicant unless the 
applicant agrees that, whether health services are provided directly 
or through contract— 
"(1) health services under the grant will be provided without 
regard to ability to pay for the health services; and 
"(2) if a charge is imposed for the delivery of health services, 
such charge— 
"(A) will be made according to a schedule of charges that 
is made available to the public; 
"(B) will not be imposed on any homeless individual with 
an income less than the official poverty level; and 
' 
"(C) will be adjusted to reflect the income and resources 
of the homeless individual involved. 
^OHS 
Drugs and drug 
abuse. 
Real property. 
101 STAT. 514 
PUBLIC LAW 100-77—JULY 22, 1987 
Classified 
information. 
Bilingual 
services. 
Reports. 
•j'ts. 
42 u s e 10801. 
"0") REQUIREMENTS WITH RESPECT TO ADMINISTRATION.—The Sec-
retary 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 disburse-
ment and accounting with respect to the grant; 
"(2) agrees to establish an ongoing program of quality assur-
ance 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 popu-
lation of homeless individuals a substantial portion of which has 
a limited ability to speak the English language— 
"(A) has developed and has the ability to carry out a 
reasonable plan to provide health services under the grant 
through individuals who are able to communicate with the 
population involved in the language and cultural context 
that is most appropriate; and 
"(B) has designated at least one individual, fluent in both 
A 
English and the appropriate language, to assist in carrying 
out the plan; and 
"(5) agrees to submit to the Secretary an annual report that 
describes the utilization and costs of health services provided 
under the grant and that provides such other information as the 
Secretary determines to be appropriate, 
"(k) LIMITATION ON ADMINISTRATIVE EXPENSES OF GRANTEE.—The 
Secretary may not make a grant under subsection (a) to an applicant 
unless the applicant agrees that the applicant will not expend more 
than 10 percent of amounts received pursuant to such subsection for 
the purpose of administering the grant. 
"(1) USE OF GRANT FUNDS FOR REFERRALS TO CERTAIN ADVOCACY 
SYSTEMS.—A grantee under subsection (a) may, with respect to title I 
of the Protection and Advocacy for Mentally 111 Individuals Act of 
1986, expend amounts received under subsection (a) for the purpose 
of referring homeless individuals who are chronically mentally ill, 
and who are eligible under such Act, to systems that provide 
advocacy services under such Act. 
"(m) USE OF SELF-HELP ORGANIZATIONS.—Any grantee under 
subsection (a) may provide health services through contracts with 
nonprofit self-help organizations that— 
"(1) are established and managed by current and former 
recipients of mental health services, or substance abuse serv-
ices, who have been homeless individuals; and 
"(2) with respect to the provision of health services described 
in subsection (bX3), are organizations qualified under subpara-
graph (B) of such subsection, 
"(n) TECHNICAL ASSISTANCE.—(1) The Secretary may, without 
charge to any grantee under subsection (a), provide technical assist-
ance 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 sissist-
ance directly, through contract, or through grants. 
"(2) Of the amounts appropriated pursuant to subsection (pXD, the 
Secretary may expend not more than $2,000,000 for the purpose of 
carrying out paragraph (1). 
, , 
^
^ 
. . . . , ^.... 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 515 
Appropriation 
authorization. 
42 use 9902. 
"(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 3300t)X3). 
"(4) The term 'official poverty level' means the nonfarm 
income official poverty line defined by the Office of Manage-
ment and Budget and revised annually in accordance with 
section 673(2) of the Omnibus Budget Reconciliation Act of 1981. 
"(5) The term 'organization' includes individuals, corpora-
tions, partnerships, companies, and associations. 
"(6) The term 'primary health services' has the meaning 
given such term in section 330(bXl). 
"(7) The term 'substance abuse' has the meaning given such 
term in section 536(4). 
"(8) The term 'substance abuse services' includes detoxifica-
tion and residential treatment for substance abuse provided in 
settings other than hospitals.". 
SEC. 6
0
2
. 
PROVISION OF HEALTH SERVICES TO THE HOMELESS BY 
NATIONAL 
HEALTH 
SERVICE 
CORPS. 
"
"
'
-
Section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)) 
is amended by adding at the end the following new paragraph: 
"(3) Homeless individuals (as defined in section 340(qX2)) may be a 
population group under paragraph (1).". 
SEC. 603. REQUIREMENT OF CERTAIN STUDY WITH RESPECT TO 
42 USC 11301 
HOMELESSNESS. 
"o<* 
The Secretary of Health and Human Services shall, not later than 
18 months after the date of the enactment of this Act— 
(1) complete a study with respect to determining the extent to 
which the mental health deinstitutionalization policies of the 
States are contributing to the problem of homelessness; and 
(2) submit to the Congress the findings made as a result of 
such study, including any recommendations of the Secretary 
with respect to administrative and legislative initiatives that 
can reduce the number of chronically mentally ill individuals 
who are homeless. 
91-194 O - 90 -18 : QL.3 Part 1 
101 STAT. 516 
PUBLIC LAW 100-77—JULY 22, 1987 
State and local 
governments. 
42 u s e 290dd et 
seq. 
42 u s e 290dd— 
290dd-3, 290ee— 
290ee-3. 
•':'S)U.:i 
Subtitle B—Community Mental Health 
Services 
SEC. 611. ESTABLISHMENT OF BLOCK GRANT PROGRAM FOR SERVICES 
TO HOMELESS INDIVIDUALS WHO ARE CHRONICALLY MEN-
TALLY ILL. 
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is 
amended— 
(1) by redesignating part C as part D; 
(2) by redesignating sections 520 through 527 as sections 541 
through 548, respectively; and 
(3) by inserting after part B the following new part: 
"PART C—COMMUNITY MENTAL HEALTH SERVICES FOR THE 
HOMELESS 
ESTABLISHMENT OF BLOCK GRANT PROGRAM FOR SERVICES TO HOMELESS 
INDIVIDUALS WHO ARE CHRONICALLY MENTALLY ILL 
42 use 290CC-21. 
"SEC. 521. (a) REQUIREMENT OF ALLOTMENTS FOR STATES.—The 
Secretary shall for fiscal years 1987 and 1988 allot to each State an ; 
amount determined in accordance with sections 528 and 529. The 
Secretary shall, in accordance with section 530, make payments 
each such fiscal year to each State from the allotment for the State 
,„.-,.^ 
;;. 
if the Secretary approves for each such fiscal year an application 
submitted by the State pursuant to section 522, 
"(b) PURPOSE OF ALLOTMENTS.—The Secretary may not make pay-
ments under subsection (a) to a State for a fiscal year unless the 
State agrees that amounts received by the State pursuant to such 
subsection will be expended only for the purpose of providing, in 
accordance with section 524, community mental health services to 
homeless individuals who are chronically mentally ill. 
"REQUIREMENT OF SUBMISSION OF APPLICATION CONTAINING CERTAIN 
AGREEMENTS 
42USe290cc-22. 
"SEC. 522. (a) IN GENERAL.—The Secretary may not make pay-
ments under section 521(a) to a State for a fiscal year unless the 
State has submitted to the Secretary an application for the pay-
ments containing agreements in accordance with— 
"(1) section 5210t)), relating to the purpose of allotments; 
"(2) section 523(a)(2), relating to the provision of matching 
funds; 
"(3) section 524, relating to the provision of certain mental 
health services; 
ffjii 
"(4) section 525, relating to restrictions on the use of 
payments; 
(5) section 526, relating to the submission of a description of 
the intended use of a block grant; and 
"(6) section 527, relating to reports by the States. 
"(b) CERTIFICATIONS.—Agreements required under subsection (a) 
to be submitted to the Secretary shall be made through certification 
from the chief executive officer of the State involved. 
"(c) SUBMISSION OF CERTAIN DOCUMENTS RELATING TO USE OF 
PAYMENTS.— 
OT 
.ir."-i.3u«vu ;?• 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 517 
"(1) The Secretary may not make payments under section 
521(a) to a State for a fiscal year unless the application submit-
ted pursuant to subsection (a) contains the description required 
in section 526. 
"(2) For Hscal years subsequent to fiscal year 1987, the Sec-
retary 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 re-
quired in subsection (a) shall, with respect to agreements required to 
be contained in the application, provide assurances of compliance 
satisfactory to the Secretary and shall otherwise be in such form, be 
made in such manner, and contain such information in addition to 
information required in subsections (a) and (c) as the Secretary 
determines to be necessary to carry out this part. 
REQUIREMENT OF PROVISION OF MATCHING FUNDS 
"SEC. 523. (a) IN GENERAL.—The Secretary may not make pay-
ments under section 521(a) to a State— 
"(1) in an amount exceeding 75 percent of the costs of provid-
ing services described in section 521(b); and 
(2) unless the State agrees that the State will make avail-
able, directly or through donations from public or private enti-
ties, 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 CONTRIBU-
TION.-c 
"(1) Non-Federal contributions required in subsection (a) may 
be in cash or in kind, fairly evaluated, including plant, equip-
ment, or services. Amounts provided by the Fwieral Govern-
ment, or services assisted or subsidized to any significant extent 
by the Federal Government, may not be included in determin-
ing 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 assist-
Eince other than the provision of community mental health 
services). 
42USC290CC-23. 
REQUIREMENT OF PROVISION OF CERTAIN MENTAL HEALTH SERVICES 
"SEC. 524. (a) IN GENERAL.—The Secretary may not make pay-
ments under section 521(a) to a State for a fiscal year unless the 
State agrees that projects receiving amounts pursuant to such sec-
tion 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 re-
habilitation services to individuals described in paragraph (1); 
"(3) refer such individueds £is appropriate to medical facilities 
for necessary hospital services and to entities that provide 
primEoy health services and substance abuse services; 
42USC290CC-24. 
Drugs and drug 
abuse. 
101 STAT. 518 
PUBLIC LAW 100-77—JULY 22, 1987 
"(4) provide, in accordance with subsection (b), appropriate 
training to individuals who provide services to individuals de-
scribed 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 home-
ui less individuals, including— 
"(A) preparing a plan for the provision of community 
mental health services to the homeless individual involved 
and reviewing such plan not less than once every 3 months; 
"(B) providing assistance in obtaining and coordinating 
social and maintenance services for the individual, includ-
ing services relating to daily living activities, transpor-
tation 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 
r<; • , ' 
* 
««*- 
stamps, and supplemental security income benefits; 
~^''' 
"(D) referring the individual for such other services as 
f
,
, 
may be appropriate; and 
"(E) providing representative payee services in accord-
42 use 1383. 
ance with section 1631(a)(2) of the Social Security Act if the 
42 use 1381. 
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— 
y 
"(A) the transitional housing demonstration program car-
ried out by the Secretary of Housing and Urban Develop-
ment pursuant to section 101(g) of Public Law 99-500 or 
100 Stat. 
Public Law 99-591; or 
1^83-242, 
"(B) the supportive housing demonstration program 
3341-242. 
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 individ-
uals, including job training services, literacy education, commu-
^ nity health centers, community mental health centers, and 
substance abuse treatment programs; and 
"(3) identifying programs that provide benefits to homeless 
individuals and referring such individuals to the programs. 
RESTRICTIONS ON USE OF PAYMENTS 
42 use 290CC-25. 
"SEC. 525. (a) IN GENERAL.—The Secretary may not make pay-
ments 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; 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 519 
"(3) to purchase or improve real property (other than minor 
Real property, 
remodeling of existing improvements to real property) or to 
purchase major medical equipment; or 
"(4) to satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds. 
"(b) LIMITATION WITH RESPECT TO ADMINISTRATIVE EXPENSES.— 
The Secretary may not make payments under section 521(a) to a 
State for a fiscal year unless the State agrees that the State will not 
expend more than 4 percent of the payments for the purpose of 
administering the payments and that the State will pay from non-
Federal sources the remaining costs of administering the payments. 
"REQUIREMENT OF SUBMISSION OF DESCRIPTION OF INTENDED USE OF 
BLOCK GRANT 
"SEC. 526. (a) IN GENERAL.—The Secretary may not make pay- 
42 USC 290cc-26. 
ments under section 521(a) to a State for a fiscal year unless— 
"(1) the State submits to the Secretary a description of the 
intended use for the fiscal year of the amounts for which the 
State is applying pursuant to such section; 
"(2) such description identifies the geographic areas within 
the State in which the greatest numbers of homeless individuals 
with a need for mental health services are located; 
"(3) such description provides information relating to the 
programs and activities to be supported and services to be 
provided, including information relating to coordinating such 
programs and activities with any similar programs and activi-
ties 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 Hscal year 
unless the State agrees that, in developing and carrying out the 
description required in subsection (a), the State will provide public 
notice with respect to the description (including any revisions) and 
such opportunities as may be necessary to provide interested per- 
" 
' 
sons 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 pay-
ments 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 Sec-
retary 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 prepara-
tion of, have been included in, and are consistent with, the State 
comprehensive mental health services plan referred to in para-
graph (1). 
101 STAT. 520 
PUBLIC LAW 100-77—JULY 22, 1987 
REQUIREMENT OF REPORTS BY STATES 
42USC290CC-27. 
"SEC. 527. (a) IN GENERAL.—For fiscal years subsequent to fiscal 
year 1987, the Secretary may not make pajmients under section 
521(a) to a State unless the State agrees that the State will prepare 
and submit to the Secretary an annual report in such form and 
containing such information as the Secretary determines (after 
consultation with the States and the C!omptroller General of the 
United States) to be necessary for— 
"(1) securing a record and a description of the purposes for 
which amounts received under section 521(a) were expended 
and of the recipients of such amounts; 
"(2) determining whether such amounts were expended in 
•
I accordance with the needs within the State identified pursuant 
to section 526(aX2); and 
"(3) determining whether such amounts were expended in 
*^" 
i
* • > J 21 
accordance with the purpose described in section 521(b). 
"(b) AvAiLABiuTY T
O PuBuc OF REPORTS.—The Secretary may not 
make payments under section 521(a) to a State unless the State 
agrees that the State will make copies of the reports described in 
subsection (a) available for public inspection. 
"(c) EVALUATIONS BY COMPTROLLER GENERAL.—The Comptroller 
General of the United States shall, from time to time, evaluate the 
expenditures by States of grants under this part in order to ensure 
that expenditures are consistent with the provisions of this part. 
DETERMINATION OF AMOUNT OF ALLOTMENTS 
42 use 290CC-28. 
"SEC. 528. (a) IN GENERAL.—The allotment for a State under 
section 521(a) for a fiscal year shall be the greater of— 
"(1) $275,000; and 
"(2) an amount determined in accordance with subsection (b). 
"OJ) DETERMINATION OF TENTATIVE AMOUNT OF ALLOTMENT.— 
"(1) The amount referred to in subsection (aX2) 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). 
Urban areas. 
"(2) The percentage referred to in paragraph (IXB) is a 
percentage equal to the quotient of— 
"(A) an amount equal to the population living in urban-
ized 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 urban-
ized areas of the United States, as indicated by the sum of 
the respective amounts determined for each State under 
subparagraph (A). 
jTrjj 
.x^^'it oatJ-f:^^ 
42USC290CC-29. 
DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOTMENTS 
"SEC. 529. (a) ADDITIONAL ALLOTMENTS FOR CERTAIN STATES.— 
Amounts described in subsection (b) shall be allotted each fiscal year 
by the Secretary to States receiving allotments under section 521(a) 
for the fiscal year (other than any State described in subsection 
Ot)X3)). The amount of an allotment for a State shall be determined 
in accordance with subsection (c). 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 521 
"(b) DESCRIPTION OF FUNDS.—The amounts referred to in subsec-
tion (a) are any amounts made available in appropriations Acts for 
allotments under section 521(a) that are not allotted under such 
section as a result of— 
"(1) the failure of any State to submit an application under 
section 522; 
"(2) the failure of any State to prepare, within a reasonable 
"' 
period of time in the determination of the Secretary, such 
application in compliance with such section; or 
"(3) any State informing the Secretary that the State does not 
intend to expend the full amount of the allotment made to the 
: 
State. 
"(c) DETERMINATION OF AMOUNT OF ALLOTMENT.—The allotment 
under subsection (a) for a State shall be an amount equal to the 
product of— 
"(1) an amount equal to the amount described in subsection 
(b) for the fiscal year; and 
"(2) the percentage determined under section 528(bX2) for the 
State involved. 
"DISBURSEMENT AND AVAILABIUTY OF FUNDS 
"SEC. 530. (a) DISBURSEMENT.—Pa)rment8 under section 521(a) 42USC290cc-30. 
shall be made in accordance with section 6503(a) of title 31, United 
States Code. 
"(b) AVAILABIUTY.—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 sec-
tion 521(b). 
"TECHNICAL ASSISTANCE 
"SEC. 531. The Secretary may, without charge to a State receiving 42 use 290cc-3i. 
amounts under section 521(a), provide technical assistance to the 
State with respect to the planning, development, and operation of 
programs to carry out the purpose described in section 521(b). The 
Secretary may provide such technical assistance directly, through 
contract, or through grants. 
FAILURE TO COMPLY WITH AGREEMENTS 
"SEC. 532. (a) REPAYMENT OF PAYMENTS.— 
"(1) The Secretary may, in accordance with subsection (c), 
require a State to repay any amounts received under section 
521(a) that, in the determination of the Secretary, were not 
expended by the State in accordance with the agreements re-
quired 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 para-
graph (1), the Secretary may offset the amount of the repay-
ment against the amount of any pajonent due to be paid to the 
State under section 521(a). 
"(b) WITHHOLDING OP PAYMENTS.— 
"(1) The Secretary may, in accordance with subsection (c), 
withhold payments due under section 521(a) if the Secretary 
determines that the State involved is not expending amounts 
received under such section in accordance with the agreements 
42USC290CC-32. 
101 STAT. 522 
PUBLIC LAW 100-77—JULY 22, 1987 
required to be contained in the application submitted by the 
State pursuant to section 522. 
"(2) The Secretary shall cease withholding payments from a 
State under paragraph (1) if the Secretary determines that the 
State is expending amounts received under section 521(a) in 
accordance with the agreements required to be contained in the 
application submitted by the State pursuant to section 522. 
"(c) OPPORTUNITY FOR A HEARING.—Before requiring repayment of 
payments under subsection (aXD, 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 serv-
ices to homeless individuals who are not chronically mentally ill. 
"ESTABLISHMENT OF PROHIBITION AGAINST MAKING CERTAIN FALSE 
' '''''-• 
STATEMENTS 
Fraud. 
"SEC. 533. (a) IN GENERAL.— 
42 use 290CC-33. 
"(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 
gayments may be made by a State from amounts paid to the 
tate under section 521(a). 
"(2) A person with knowledge of the occurrence of any event 
affecting the right of the person to receive any payments by a 
n v; ' 
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. 
42USC290CC-34. 
42 use 6101 
note. 
29 use 794. 
20 u s e 1681. 
NONDISCRIMINATION 
"SEC. 534. (a) IN GENERAL.— 
"(1) For the purpose of applying the prohibitions against 
discrimination on the basis of age under the Age Discrimination 
Act of 1975, on the basis of handicap under section 504 of the 
Rehabilitation Act of 1973, on the basis of sex under title IX of 
the Education Amendments of 1972, or on the basis of race, 
color, or national origin under title VI of the Civil Rights Act of 
1964, programs and activities funded in whole or in part with 
funds made available under this part shall be considered to be 
^ 
programs and activities receiving Federal financial assistance. 
"(2) No person shall on the ground of sex or religion be 
excluded from participation in, be denied the benefits of, or be 
;.i.. subjected to discrimination under, any program or activity 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 523 
funded in whole or in part with funds made available under this 
part. 
'(b) ENFORCEMENT.— 
"(1) Whenever the Secretary finds that a State, or an entity 
that has received a payment pursuant to section 521(a), has 
failed to comply with a provision of law referred to in subsection 
(a)(1), with subsection (aX2), or with an applicable regulation 
(including one prescribed to carry out subsection (a)(2)), the 
Secretary shall notify the chief executive officer of the State 
and request the chief executive officer to secure compliance. If 
within a reasonable period of time, not to exceed 60 days, the 
chief executive officer fails or refuses to secure compliance, the 
Secretary may— 
"(A) refer the matter to the Attorney General with a 
recommendation that an appropriate civil action be 
instituted; 
"(B) exercise the powers and functions provided by the 
Age Discrimination Act of 1975, section 504 of the 
Rehabilitation Act of 1973, or title VI of the Civil Rights 
Act of 1964, as may be applicable; or 
"(C) take such other actions as may be authorized by law. 
"(2) When a matter is referred to the Attorney General 
pursuant to paragraph (1)(A), or whenever the Attorney Gen-
eral 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 (aX2), the 
Attorney General may bring a civil action in any appropriate 
district court of the United States for such relief as may be 
appropriate, including injunctive relief. 
42 u s e 6101 
note. 
29 u s e 794. 
42 u s e 2000d. 
AUTHORIZATIONS OF APPROPRIATIONS 
"SEC. 535. 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. 
42USe290cc-35. 
DEFINITIONS 
"SEC. 536. 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. COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION 
PROJECTS FOR HOMELESS INDIVIDUALS WHO ARE CHRON-
ICALLY MENTALLY ILL. 
(a) IN GENERAL.—There is authorized to be appropriated for pay-
ments pursuant to section 504(f) of the Public Health Service Act 
$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 chron-
ically mentally ill. 
42USe290cc-36. 
42 u s e 290aa-3 
note. 
42 u s e 290aa-3. 
101 STAT. 524 
PUBLIC LAW 100-77—JULY 22, 1987 
(b) AvAiLABiUTY.—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 avail-
able to the grantee during the succeeding fiscal year for the pur-
poses 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-la) is amended by redesignating subsection (c) as 
subsection (d) and by inserting after subsection (b) the following new 
subsection: 
Contracts. 
"(cXD 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) remain-
ing 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.". 
J>,~r.-;^0^^.\3'JSi. 
m9 r^'is-i 
TITLE VII—EDUCATION, TRAINING, AND 
COMMUNITY SERVICES PROGRAMS 
Subtitle A—Adult Education for the Homeless 
SEC. 701. AMENDMENT TO ADULT EDUCATION ACT. 
(a) STATE PLANS.—Section 306(b) of the Adult Education Act (20 
U.S.C. 1205(b)) is amended— 
; &j:Se-; 
: i
:
i
» 
(l) in paragraph (1), by inserting "homeless adults," after 
3
? a 
"English language skills,"; 
(2) in paragraph (7), by inserting "organizations providing 
assistance to the homeless," after "antipoverty programs,"; and 
-£;i,fK: jtii) ;
^
< 
(3) in paragraph (8), by inserting "homeless: adults," after 
"English language skills,". 
(b) RESEARCH AND DEMONSTRATION.—Section 309(aXlXA) of the 
Adult Education Act (20 U.S.C. 1207a(aXl)(A)) is amended— 
(1) by inserting "homeless adults," before "elderly"; and 
(2) by inserting a comma after "individuals". 
f
~ : 
, : 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 525 
SEC. 702. STATEWIDE LITERACY INITIATIVES. 
42 u s e 11421. 
(a) GENERAL AUTHORITY.—The Secretary of Education shall make Grants, 
grants to State educational agencies to enable each such agency to 
develop a plan and implement a program of literacy training and 
basic skills remediation for adult homeless individuals within the 
State, which shall— 
(1) include a program of outreach activities; and 
(2) be coordinated with existing resources such as community-
based organizations, VISTA recipients, adult basic education 
program recipients, and nonprofit literacy-action organizations. 
_, 
(b) APPLICATION.—Each State educational agency desiring to re- 
'^' 
ceive its allocation under this section shall submit to the Secretary 
of Education an application at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require, 
(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. 
=^ic:5. 
ai'jT/iJc-jJ! 
Subtitle B—Education for Homeless Children 
and Youth 
SEC. 72L STATEMENT OF POLICY. 
42 USC 11431. 
It is the policy of the Congress that— 
(1) each State educational agency shall assure that each child 
of a homeless individual and each homeless youth have access to 
a free, appropriate public education which would be provided to 
the children of a resident of a State and is consistent with the 
State school attendance laws; and 
(2) in any State that has a residency requirement as a compo-
nent of its compulsory school attendance laws, the State will 
review and undertake steps to revise such laws to assure that 
the children of homeless individuals and homeless youth are 
afforded a free and appropriate public education. 
SEC. 722. GRANTS FOR STATE ACTIVITIES FOR THE EDUCATION OF HOME- 
42 USC 11432. 
LESS CHILDREN AND YOUTH. 
(a) GENERAL AUTHORITY.—The Secretary of Education is, in 
accordance with the provisions of this section, authorized to make 
grants to States to carry out the activities described in subsections 
(c), (d), and (e). 
0)) ALLOCATION.—From the amounts appropriated for each fiscal 
year pursuant to subsection (g), the Secretary shall allot to each 
State an amount which bears the same ratio to the amount appro-
priated in each such year as the amount allocated under section 111 
101 STAT. 526 
PUBLIC LAW 100-77—JULY 22, 1987 
20 use 3801 
note. 
Establishment. 
Schools and 
colleges. 
Reports. 
:#UD»i;&^ 
iV>^' 
of the Elementary and Secondary Education Act of 1965 (as incor-
porated by reference in chapter 1 of the Education Consolidation 
and Improvement Act of 1981) to the local educational agencies in 
the State in that year bears to the total amount allocated to such 
agencies in all States, except that no State shall receive less than 
$50,000 in any fiscal year. 
(c) AUTHORIZED ACTIVITIES.—Grants under this section shall be 
used— 
(1) to carry out the policies set forth in section 721 in the 
State; 
(2) to establish or designate an Office of Coordinator of Edu-
cation 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 ele-
mentary and secondary schools, and the difficulties in identify-
ing the special needs of such children; 
(2) develop and carry out the State plan described in subsec-
tion (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. 
-S'M' 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 527 
(4) The choice regarding placement shall be made regardless 
•s 
of whether the child or youth is living with the homeless 
parents or has been temporarily placed elsewhere by the 
I- 
parents. 
(5) Each homeless child shall be provided services comparable 
to services offered to other students in the school selected 
according to the provisions of paragraph (3), including edu-
cational services for which the child meets the eligibility cri-
I 
teria, such as compensatory educational programs for the dis-
advantaged, and educational programs for the handicapped and 
for students with limited English proficiency; programs in voca-
tional education; programs for the gifted and talented; and 
1 
school meals programs. 
(6) The school records of each homeless child or youth shall be Records, 
maintained— 
(A) so that the records are available, in a timely fashion, 
.. ..v".M 
J 
when a child or youth enters a new school district; and 
T 
(B) in a manner consistent with section 438 of the Gen-
eral Education Provisions Act. 
20 USC I232g. 
(f) APPLICATION.—No State may receive a grant under this section 
unless the State educational agency submits an application to the 
Secretary at such time, in such manner, and containing or accom-
panied 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. 
ft 
(2) Sums appropriated in each fiscal year shall remain avail-
able for the succeeding fiscal year. 
SEC. 723. EXEMPLARY GRANTS AND DISSEMINATION OF INFORMATION 
42 USC 11433. 
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 ele-
mentary and secondary schools of the applicant. 
(2) The Secretary shall, in accordance with subsection (e), 
conduct dissemination activities of exemplary programs de-
signed 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) EuGiBiUTY FOR GRANTS.—No applicant may receive an exem-
plary 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) APPUCATION.—Each applicant which desires to receive a dem-
onstration 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 
i,., 
require. Each such application shall include— 
(1) a description of the exemplary program for which assist-
ance is sought; 
101 STAT. 528 
PUBLIC LAW 100-77—JULY 22, 1987 
Reports. 
42 use 11434. 
42 use 11435. 
(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 arrange-
ment, dissemination activities designed to inform State and local 
educational agencies of exemplary programs which successfully ad-
dress the special needs of homeless students. 
(f) APPROPRIATIONS AUTHORIZED.—There is authorized to be appro-
priated $2,500,000 for fiscal year 1988 to carry out the provisions of 
this section. 
SEC. 724. NATIONAL RESPONSIBILITIES. 
(a) GENERAL ACCOUNTING OFFICE.—The Comptroller General of 
the United States shall prepare and submit to the Congress not later 
than June 30,1988, a report on the number of homeless children and 
youth in all States. 
O
t
)
) SECRETARIAL RESPONSIBIUTIES.— 
(1) The Secretary shall monitor and review compliance with 
the provisions of this subtitle in accordance with the provisions 
of the General Education Provisions Act. 
(2) The Secretary shall prepare and submit a report to the 
Congress on the programs and activities authorized by this 
subtitle at the end of each fiscal year. 
(3) The Secretary shall compile and submit a report to the 
'•'Congress containing the information received from the States 
pursuant to section 722(dX3) within 45 days of its receipt. 
SEC. 725. DEFINITIONS. 
^^ . 
As used in this subtitle— 
(1) the term "Secretary" means the Secretary of Education; 
and 
(2) the term "State" means each of the several States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
Subtitle C—Job Training for the Homeless 
Emplo3anent 
and 
unemployment. 
42 use 11441. 
SEC. 731. DEMONSTRATION PROGRAM AUTHORIZED. 
Grants. 
42 u s e 11442. 
(a) GENERAL AUTHORITY.—The Secretary of Labor shall, from 
funds appropriated pursuant to section 739, make grants for the 
Federal share of job training demonstration projects for homeless 
individuals in accordance with the provisions of this subtitle. 
(h) CONTRACT AUTHORITY.—The Secretary is authorized to enter 
into such contracts with State and local public agencies, private 
nonprofit organizations, private businesses, and other appropriate 
entities as may be necessary to carry out the provisions of this 
subtitle. 
SEC. 732. STATE COORDINATION WITH DEMONSTRATION GRANT RECIPI-
ENTS. 
A State shall describe in the comprehensive plan required under 
section 401 how the State will coordinate projects conducted within 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 529 
a State under this subtitle with other services for homeless individ-
uals assisted under this Act. 
SEC. 733. APPLICATION. 
Each applicant which desires to receive a demonstration grant 
under this subtitle shall submit an application to the Secretary at 
such time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. Each such 
application shall include— 
(1) a description of the activities for which assistance is 
sought; 
(2) plans for the coordination and outreach activities, particu-
2 
larly with case managers and care providers, designed to 
y 
achieve referral of homeless individuals to the demonstration 
g.' 
projects authorized by this subtitle; 
(3) plans to offer in-shelter outreach and assessment activities 
and where practicable, pre-employment services, so as to in-
j- 
crease the participation of homeless individuals in the dem-
onstration 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 
-
V 
completed not later than the end of the first year for which 
assistance is sought; 
(5) assurances that the recipient of demonstration grants 
under this subtitle will pay the non-Federal share of the activi-
ties for which assistance is sought from non-Federal sources; 
and 
(6) such additional Eissurances as the Secretary determines 
are necessary to insure compliance with the requirements of 
this subtitle. 
SEC. 734. AUTHORIZED ACTIVITIES. 
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 
s 
interviewing skills; and 
(7) any other activities described in section 204 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. 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.— 
(IXA) The Federal share for each fiscal year shall be not less 
than 50 percent nor more than 90 percent. 
(B) The Federal share shall be determined by the Secretary 
for each recipient under this subtitle based upon the ability of 
42 use 11443. 
-.!-U"k'V^ S:i 
iJ"liK|a/i 
.skt'MKJSfi 
42 use 11444. 
V
M 
29 use 1604. 
42 use 11445. 
101 STAT. 530 
PUBLIC LAW 100-77—JULY 22, 1987 
the recipient to meet the non-Federal share of the cost of the 
program for which assistance is sought. 
(2) The non-Federal share of payments under this subtitle 
- i ;> 
7i 
may be in cash or in kind fairly evaluated, including plant 
equipment or services. 
Grants. 
(c) LIMITATION.—The Secretary may not make grants in any State 
in an aggregate in excess of 15 percent of the amount appropriated 
to carry out this subtitle in each fiscal year. 
42 use 11446. 
SEC. 736. EVALUATION. 
(a) DEMONSTRATION PROJECT RESPONSIBIUTY.—The Secretary shall 
evaluate each project assisted under this subtitle at the end of the 
first fiscal year for which funds are appropriated under this subtitle. 
The Secretary shall submit the findings of the evaluations to the 
Reports. 
Interagency Council. Not later than 6 months before the termi-
nation 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 sub-
title. 
(c) EVALUATION BY INTERAGENCY COUNCIL.— 
(1) The Interagency Council shall evaluate each project receiv-
ing assistance under this subtitle. 
Reports. 
«^' 
(2) The Interagency Council shall prepare and publish a 
0 
report of its findings in the annual report of the Council. The 
evaluation of the demonstration projects authorized by this 
subtitle shall include a determination of the relative effective-
ness 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. 
„# 
42 use 11447. 
*''?,x;i ',JB' 
42 use 11448. 
SEC. 737. DEFINITIONS. 
As used in this subtitle— 
(1) the term "applicant" means public agencies, private non-
profit organizations, private businesses, and other appropriate 
t*i? entities; 
(2) the term "Interagency Council" means the Interagency 
Council on the Homeless; 
(3) the term "local public agency" means any public agency of 
a general purpose political subdivision of a State which has the 
power to levy taxes and spend funds, as well as general cor-
<,i:. porate and police powers; 
jj; i 
(4) the term "Secretary" means the Secretary of Labor; and 
(5) the term "State" means each of the several States and the 
District of Columbia. 
SEC. 738. HOMELESS VETERANS' REINTEGRATION PROJECTS. 
(a) GENERAL AUTHORITY.—The Secretary, using funds appro-
priated and made available for the purpose of carrying out this 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 531 
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. Notwith-
standing 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 consid-
ers 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 evalu-
ate the distribution and expenditure of funds appropriated pursuant 
to the authorization contained in subsection (a). Such information 
shall be furnished to the Secretary in such form as the Secretary 
considers appropriate for the purpose of this subsection. 
(c) ADMINISTRATION THROUGH THE ASSISTANT SECRETARY OF LABOR 
FOR VETERANS' EMPLOYMENT AND TRAINING.—The Secretary shall 
/ 
administer the program provided for by this section through the 
^ 
Assistant Secretary of Labor for Veterans' Employment and 
Training. 
(d) DEFINITION.—As used in this section, the term "homeless 
veteran" means a homeless individual who is a veteran within the 
meaning of section 101(2) of title 38, United States Code. 
SEC. 739. AUTHORIZATION OF 
APPROPRIATIONS; AVAILABILITY OF 
42 USC11449. 
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 nec-
essary to permit services to homeless individuals who cannot prove 
residence within the service delivery area". 
101 STAT. 532 
PUBLIC LAW 100-77—JULY 22, 1987 
42 use 11450. 
SEC. 741. TERMINATION. 
The provisions of this subtitle other than section 740 shall termi-
nate on October 1,1990. 
' Subtitle D—Emergency Community Services 
Homeless Grant Program 
42 use 11461. 
State and local 
governments. 
42 use 11462. 
Mhi'i r 
Grants. 
State and local 
governments. 
42 use 11463. 
SEC. 751. 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. 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(aXl) of such Act (42 U.S.C. 9903(aXl)). 
(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(bXl). 
SEC. 753. PROGRAM REQUIREMENTS. 
-' 
(a) APPLICATION.—In order to receive a grant under this subtitle, a 
State shall submit an application to the Secretanr in such form and 
at such time as the Secretary may require. Sucn application shall 
describe the agencies, organizations, and activities that the State 
intends to support with the amounts received. 
(b) ASSURANCES.—In order to receive a grant under this subtitle, a 
State shall ensure that— 
(IXA) it will award all of the amounts it receives to— 
(i) community action agencies that are eligible to receive 
amounts under section 675(cX2XA) of the Community Serv-
ices Block Grant Act (42 U.S.C. 9904(cX2XA)); 
(ii) organizations serving migrant and seasonal farm-
workers; 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 Janu-
ary 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. 
•Si 
^
V 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 533 
(c) EuGiBLE USE OF FUNDS.—Amounts awarded under this subtitle 
may be used only for the following purposes: 
(1) Expansion of comprehensive services to homeless individ-
uals to provide follow-up and long-term services to enable home-
less individuals to make the transition out of poverty. 
(2) Provision of assistance in obtaining social and mainte-
nance services and income support services for homeless 
individuals. 
(3) Promotion of private sector and other assistance to home-
less individuals. 
SEC. 754. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 11464. 
There are authorized to be appropriated to carry out this subtitle 
$40,000,000 for each of the fiscal years 1987 and 1988. 
Subtitle E—Miscellaneous Provisions 
SEC. 761. STUDY OF YOUTH HOMELESSNESS. 
42 USC 11471. 
(a) AUTHORIZATION.—The Secretary of Health and Humem Serv- Grants, 
ices may make demonstration grants to a qualified applicant for a 
special research project to study the underl3dng causes of youth 
homelessness. 
(b) FUNDING.—The Secretary of Health and Human Services shall 
make available not to exceed $50,000 of the funds appropriated 
under section 426 of the Social Security Act for fiscal year 1987 for 
42 use 626. 
the purpose of making a grant under this section. 
SEC. 762. SET-ASIDES FOR NATIVE AMERICANS. 
42 USC 11472. 
(a) IN GENERAL.—Not less than 1.5 percent of the funds provided 
under this title for each of the following programs shall be allocated 
to Indian tribes: 
(1) The job training demonstration program established in 
section 731. 
(2) The emergency community services homeless grant pro-
gram established in section 751. 
0)) DEFINITION.—For purposes of this section, the term "Indian 
* ^-'-''^ ^*'J 
tribe" means any tribe, band, nation, or other organized group or 
community of Indians, including any Alsiska Native village or re-
gional or village corporation (as defined in, or established pursuant 
to, the Alaska Native Claims Settlement Act), that is recognized by 
43 USC 1601 
the Federal Government as eligible for special programs and serv- note, 
ices provided to Indians because of their status as Indians. 
TITLE VIII—FOOD ASSISTANCE FOR THE 
HOMELESS 
Subtitle A—Food Stamp Program 
SEC. 801. DEFINITION OF HOMELESS INDIVIDUAL. 
Section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012) is amended 
by adding at the end thereof the following new subsection: 
"(s) 'Homeless individual' means— 
"(1) an individual who lacks a fixed and regular nighttime 
residence; or 
3U' 
101 STAT. 534 
PUBLIC LAW 100-77—JULY 22, 1987 
"(2) an individual who has a primary nighttime residence that 
is— 
"(A) a supervised publicly or privately operated shelter 
(including a welfare hotel or congregate shelter) designed to 
provide temporary living accommodations; 
"(B) an institution that provides a temporary residence 
' f o r individuals intended to be institutionalized; 
"(C) a temporary accommodation in the residence of an-
^^^^ 
other individual; or 
"(D) a public or private place not designed for, or ordi-
narily used as, a regular sleeping accommodation for 
''' 
' 
human beings.". 
SEC. 802. DEFINITION OF HOUSEHOLD. 
(a) REVISION OF DEFINITION.—The first sentence of section 3(i) of 
the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended— 
(1) by striking out "or (2)" and inserting in lieu thereof "(2)"; 
(2) by inserting before the semicolon the following: ", or (3) a 
.5: 
• 
^ 
parent of minor children and that parent's children (notwith-
^j,^ 
standing the presence in the home of any other persons, includ-
ing 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 cer-
tification of a household as a separate household under this 
clause shall be reexamined no less frequently than once every 6 
j ^ , 
months"; and 
(3) by inserting "(other than as provided in clause (3))" after 
"except that". 
7 use 2012 note. 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
become effective on October 1,1987. 
SEC. 803. ANNUAL ADJUSTMENT OF INCOME ELIGIBILITY STANDARDS. 
(a) DATE OF ANNUAL ADJUSTMENT.—Section 5(c) of the Food Stamp 
Act of 1977 (7 U.S.C. 2014(c)) is amended by inserting "shall be 
adjusted each October 1 and" after "eligibility" the first place it 
appears. 
7 use 2014 note. 
(b) EFFECTIVE DATE.—The amendment made by this section shsdl 
become effective on July 1,1988. 
SEC. 804. ANNUAL ADJUSTMENTS TO THE STANDARD DEDUCTION. 
:,,. 
(a) REVISION OF DEDUCTION.—The second sentence of section 5(e) of 
the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended— 
(1) by striking out "and (3)" and inserting in lieu thereof "(3)"; 
(2) by striking out "each October 1 thereafter" in clause (3) 
and inserting in lieu thereof "October 1,1986"; and 
(3) by inserting before the period at the end thereof the 
following: ", and (4) on October 1, 1987, and each October 1 
thereafter, to the nearest lower dollar increment to reflect 
changes in the Consumer Price Index for all urban consumers 
published by the Bureau of Labor Statistics, for items other 
than food, for the twelve months ending the preceding June 30". 
7 use 2014 note. 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
become effective on October 1,1987. 
SEC. 805. INELIGIBILITY FOR EARNED INCOME DEDUCTION. 
(a) INEUGIBILITY FOR THE DEDUCTION.—The third sentence of sec-
tion 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 535 
District of 
Columbia. 
Alaska. 
Hawaii. 
Guam. 
Virgin Islands. 
by inserting before the period at the end the following: ", except that 
such additional deduction shall not be allowed with respect to 
earned income that a household willfully or fraudulently fails (as 
proven in a proceeding provided for in section 6(b)) to report in a 7 USC 2015. 
timely manner", 
(b) EFFECTIVE DATE AND APPUCATION.— 
7 use 2014 note. 
(1) The amendment made by this section shall become effec-
tive and shall be implemented 45 days after the date of enact-
ment 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. 
8
0
6
. 
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 contig-
uous 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 Octo-
ber 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 Statis-
tics, 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 APPUCATION.— 
7 use 2014 note. 
(1) The amendment made by this section shall become effec-
tive on October 1,1987. 
(2) The amendment made by this section shall not apply with 
respect to an allotment issued under the Food Stamp Act of 
1977 to a household for a certification period beginning before 
7 USC 2011 note. 
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(kX2)) 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 pajrments lacks facilities for the preparation 
and cooking of hot meals or the refrigerated storage of food for 
home consumption; or". 
(b) EFFECTIVE DATES AND APPUCATION.— 
7 use 2014 note. 
(1) The amendments made by this section shall be effective 
and shall be implemented for the period beginning 90 days after 
101 STAT. 536 
PUBLIC LAW 100-77—JULY 22, 1987 
' 
the date of enactment of this Act and ending September 30, 
' 
1989. 
(2) The amendments made by this section shall not apply with 
7 use 2011 note. 
respect to allotments issued under the Food Stamp Act of 1977 
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 ll(eXlXA) of 
the Food Stamp Act of 1977 (7 U.S.C. 2020(eXlXA)) 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 ll(eXl)(A), and (5) . 
SEC. 809. EXPEDITED FOOD STAMP SERVICE. 
n&j. =
1 r 
(a) EuGiBiUTY.—Section ll(eX9) of t h e Food Stamp Act of 1977 (7 
U.S.C. 2020(eX9)) 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 
.¥t..a ^W: ^B'i 
^^ application to any household that has a combined gross 
.-.i.||, 
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)". 
7 use 2020 note. 
0)) EFFECTIVE DATE.—The amendments made by this section 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. 
Subtitle B—Temporary Emergency Food 
Assistance Program (TEFAP) 
SEC. 811. VARIETY OF COMMODITIES UNDER TEFAP. 
(a) 
COMMODITIES FOR EUGIBLE 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". 
^<A- 'jCS '• *.' 
(b) TECHNICAL AMENDMENT.—Section 202 of the Temporary Emer-
gency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by 
mserting the subsection designation "(a)" after "SEC. 202.". 
PUBLIC LAW 100-77—JULY 22, 1987 
101 STAT. 537 
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: 
"AVAILABILITY OF CCC FLOUR, CORNMEAL, AND CHEESE 
"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 stabilization pur-
poses of the Agricultural Adjustment Act of 1938, the Agricul- 7 USC 1281. 
tural Act of 1949, and Commodity Credit Corporation Charter 7 USC 1421 note. 
Act, 
15 USC 714. 
shall be made available as provided in paragraph (2), 
"(2) The Secretary shall make such excess flour, cornmeal, and State and local 
cheese available in any State, in addition to the normal allotment of governments, 
such commodities (adjusted by any reallocation) for fiscal year 1988 
under this Act, at the request of the chief executive officer of such 
>.^ l. :^ 
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 un-
employment statistics are available prior to the date the certifi-
cation is made, and 
"(B) the distribution of flour, cornmeal, and cheese under this 
section in such State will not substantially displace the commer-
cial 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 Commit-
tee on Agriculture of the House of Representatives and the Commit-
tee 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". 
101 STAT. 538 
PUBLIC LAW 100-77—JULY 22, 1987 
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". 
TITLE IX—VETERANS' PROVISIONS 
SEC. 901. EXTENSION OF VETERANS' JOB TRAINING ACT. 
(a) AUTHORIZATION O F APPROPRIATIONS.—Section 16 of t h e Veter-
. sg, 
ans' 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". 
29 use 1721 
01)) EXTENSION OF TERMINATION DATES.—Section 17(a) of such Act 
"°*®- 
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. 
^ 
LEGISLATIVE HISTORY—H.R. 558 (H.R. 177) (S. 728) (S. 809) (S. 810) (S. 811) (S. 813): 
HOUSE REPORTS: No. 100-8 accompanying H.R. 177 (Comm. on Agriculture), No. 
100-10, Pt. 1 (Comm. on Banking, Finance and Urban Affairs) 
and Pt. 2 (Comm. on Energy and Commerce), and No. 100-174 
(Comm. of Conference). 
C O N G R E S S I O N A L 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.