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home care;

“(2) include in the report submitted under paragraph (1), the results of an evaluation of the extent to which such activities have been effective in carrying out the purpose described in such section, including the effect of such activities regarding

“(A) the incidence of placements of children in out-of“(B) the reunification of children with their families; and

“(C) in the case of youths not less than 16 years of age who have been placed in out-of-home care, the discharge of such youths from such care into circumstances of providing

for their own support with adequate living arrangements. “(b) EVALUATION BY THE SECRETARY.-The Secretary shall conduct evaluations to determine the effectiveness of demonstration programs supported under section 301(a) in

"(1) strengthening coordination between child welfare agencies, housing authorities, and programs for homeless families;

"(2) preventing placements of children into out-of-home care due to homelessness or other housing problems;

"(3) facilitating the reunification of children with their families; and

“(4) in the case of youths not less than 16 years old who have been placed in out-of-home care, preventing such youth from being discharged from such care into circumstances of providing

their own support without adequate living arrangements. "(c) REPORT TO CONGRESS. —

“(1) PREPARATION OF LIST.-Not later than April 1, 1991, the Secretary, after consultation with the Secretary of Education, the Secretary of Housing and Urban Development and the Secretary of Labor, shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a list of Federal programs that provide services, or fund grants, contracts, or cooperative agreements for the provision of services, directed to the prevention of homelessness for families whose children are at risk of out of home placement and the incidence of child abuse that may be associated with homelessness, that shall include programs providing

"(A) rent, utility, and other subsidies;
"(B) training; and

"C) for inter-agency coordination, at both the local and
State and Federal level.
"(2) CONTENTS OF LIST.-The list prepared under paragraph (1)
shall include a description of-

“(A) the appropriate citations relating to the authority for such programs;

"(B) entities that are eligible to participate in each such program;

(C) authorization levels and the annual amounts appropriated for such programs for each fiscal year in which such programs were authorized;

"D) the agencies and divisions administering each such program;

"E) the expiration date of the authority of each such program; and

"(F) to the extent available, the extent to which housing assistance under such programs can be accessed by child welfare and other appropriate agencies.

"(3) REPORT.-Not later than March 1, 1993, the Secretary shall prepare and submit to the appropriate committees of Congress a report that contains a description of the activities carried out under this title, and an assessment of the effectiveness of such programs in preventing initial and prolonged separation of children from their families due to homelessness and other housing problems. At a minimum the report shall contain

"(A) information describing the localities in which activities are conducted;

"(B) information describing the specific activities undertaken with grant funds and, where relevant, the numbers of families and children assisted by such activities;

“(C) information concerning the nature of the joint training conducted with grant funds;

“(D) information concerning the manner in which other agencies such as child welfare, public housing authorities, and appropriate public and nonprofit private entities are consulting and coordinating with existing programs that are designed to prevent homelessness and to serve homeless families and youth; and

"(E) information concerning the impact of programs supported with grant funds under this title on

"(i) the incidence of the placement of children into out-of-home care;

"(ii) the reunification of children with their families; and

"(iii) in the case of youth not less than 16 years of age who have been placed in out-of-home care, the discharge of such youths from such care into circumstances of providing for their own support with

adequate living arrangements. “(d) RESTRICTION ON USE OF GRANT.—The Secretary may not make a grant under section 301(a) unless the agency involved agrees that the agency will not expend the grant to purchase or improve real property. "SEC. 304. DESCRIPTION OF INTENDED USES OF GRANT.

"The Secretary shall not make a grant under section 301(a) unless

"(1) the agency involved submits to the Secretary a description of the purposes for which the agency intends to expend the grant;

"(2) with respect to the entities with which the agency has made agreements pursuant to section 301(b)(1), such entities have assisted the agency in preparing the description required in paragraph (1); and

"(3) the description includes a statement of the methods that the agency will utilize in conducting the evaluations required in


“The Secretary shall not make a grant under section 301(a) unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 304, and the application is in such form, is made in such

42 USC 5118c.

42 USC 5118d. 42 USC 5118e.

manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. "SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

“(a) IN GENERAL.–For the purpose of carrying out this title, there are authorized to be appropriated $12,500,000 for fiscal year 1992.

"(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated under subsection (a) shall remain available until expended.”.

(c) TECHNICAL AND CONFORMING AMENDMENT.-The Child Abuse and Prevention Act (42 U.S.C. 5101 et seq.) is amended in the table of contents in section 101(b) by adding at the end thereof the following new items: "TITLE III–CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF

HOMELESS FAMILIES OR FAMILIES AT RISK OF HOMELESSNESS “Sec. 301. Demonstration grants for prevention of inappropriate separation from

family and for prevention of child abuse and neglect. “Sec. 302. Provisions with respect to carrying out purpose of demonstration grants. “Sec. 303. Additional required agreements. “Sec. 304. Description of intended uses of grant. "Sec. 305. Requirement of submission of application. "Sec. 306. Authorization of appropriations.”.



Section 801(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-628; 102 Stat. 3257) is amended to read as follows:

“(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of Veterans Affairs $31,500,000 for fiscal year 1991 and $33,075,000 for fiscal year 1992 for the medical care of veterans by the Department. Any amount appropriated under this subsection shall be in addition to any funds appropriated pursuant to any other authorization (whether definite or indefinite) of appropriations for fiscal years 1991 and 1992.".

Approved November 29, 1990.

LEGISLATIVE HISTORY-H.R. 3789 (S. 2863) (S. 2886):
HOUSE REPORTS: No. 101-583, Pt. 1 (Comm. on Banking, Finance and Urban

Affairs) and Pt. 2 (Comm. on Energy and Commerce); and

No. 101-951 (Comm. of Conference).
SENATE REPORTS: No. 101-436 accompanying S. 2863 (Comm. on Labor and Human

Resources) and No. 101-458 accompanying S. 2886 (Comm. on

Governmental Affairs).

Sept. 26, S. 2863 considered and passed Senate.
Oct. 10, H.R. 3789 considered and passed House.
Oct. 12, considered and passed Senate, amended.

Oct. 26, House and Senate agreed to conference report.

Nov. 29, Presidential statement.

[blocks in formation]

Nov. 29, 1990 [H.R. 5390]

To prevent and control infestations of the coastal inland waters of the United States

by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthorize the National Sea Grant College Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


Prevention and
Control Act of

Subtitle A-General Provisions

16 USC 4701 note.

16 USC 4701.


"This title may be cited as the “Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990”. "SEC. 1002. FINDINGS AND PURPOSES. “(a) FINDINGS.—The Congress finds that

"(1) the discharge of untreated water in the ballast tanks of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and saltwater environments; “(2) when environmental conditions are

favorable, nonindigenous species, such as the zebra mussel (Dreissena polymorpha), become established and may disrupt the aquatic environment and economy of affected coastal areas;

"(3) the zebra mussel was unintentionally introduced into the Great Lakes and, if left uncontrolled, is expected to infest over two-thirds of the continental United States through the unintentional transportation of larvae and adults by vessels operating in inland waters; and

"(4) the potential economic disruption to communities affected by the zebra mussel due to its colonization of water pipes, boat hulls and other hard surfaces has been estimated at $5,000,000,000 by the year 2000, and the potential disruption to the diversity and abundance of native fish and other species

could be severe. “(b) PURPOSES. — The purposes of this Act are

“(1) to prevent unintentional introduction and dispersal of nonindigenous species into waters of the United States through ballast water management and other requirements;

"(2) to coordinate federally conducted, funded or authorized research, prevention control, information dissemination and other activities regarding the zebra mussel and other aquatic nuisance species;

“(3) to develop and carry out environmentally sound control methods to prevent, monitor and control unintentional

16 USC 4702.

introductions of nonindigenous species from pathways other than ballast water exchange;

"(4) to understand and minimize economic and ecological impacts of nonindigenous aquatic nuisance species that become established, including the zebra mussel; and

"(5) to establish a program of research and technology development and assistance to States in the management and re

moval of zebra mussels.
“As used in this Act, the term-

"(1) 'appropriate Committees' means the Committee on Merchant Marine and Fisheries in the House of Representatives and the Committee on Environment and Public Works and Committee on Commerce, Science, and Transportation in the Senate; and

“(2) 'aquatic nuisance species' means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on such waters;

"(3) 'assistant Secretary' means the Assistant Secretary of the Army (Civil Works);

“(4) 'ballast water' means any water and associated sediments used to manipulate the trim and stability of a vessel;

“(5) ‘Director' means the Director of the United States Fish and Wildlife Service;

“(6) 'exclusive economic zone' means the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983, and the equivalent zone of Canada;

"(7) 'environmentally sound' methods, efforts, actions or programs means methods, efforts, actions or programs to prevent introductions or control infestations of aquatic nuisance species that minimize adverse impacts to the structure and function of an ecosystem and adverse effects on non-target organisms and ecosystems and emphasize integrated pest management techniques and nonchemical measures;

“(8) Great Lakes' means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canandian Border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.

"(9) 'nonindigenous species' means any species or other viable biological material that enters an ecosystem beyond its historic range, including any such organism transferred from one country into another;

"(10) 'Secretary' means the Secretary of the department in which the Coast Guard is operating;

"(11) 'Task Force' means the Aquatic Nuisance Species Task Force established under section 1201 of this Act;

“(12) 'territorial sea' means the belt of the sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988;

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