TITLE 38 - US CODE - CHAPTER 20 - BENEFITS FOR HOMELESS VETERANS

TITLE 38 - US CODE - SUBCHAPTER I - PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS

38 USC 2001 - Purpose

The purpose of this chapter is to provide for the special needs of homeless veterans.

38 USC 2002 - Definitions

In this chapter:
(1) The term homeless veteran means a veteran who is homeless (as that term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302 (a))).
(2) The term grant and per diem provider means an entity in receipt of a grant under section 2011 or 2012 of this title.

38 USC 2003 - Staffing requirements

(a) VBA Staffing at Regional Offices.— 
The Secretary shall ensure that there is at least one full-time employee assigned to oversee and coordinate homeless veterans programs at each of the 20 Veterans Benefits Administration regional offices that the Secretary determines have the largest homeless veteran populations within the regions of the Administration. The programs covered by such oversight and coordination include the following:
(1) Housing programs administered by the Secretary under this title or any other provision of law.
(2) Compensation, pension, vocational rehabilitation, and education benefits programs administered by the Secretary under this title or any other provision of law.
(3) The housing program for veterans supported by the Department of Housing and Urban Development.
(4) The homeless veterans reintegration program of the Department of Labor under section 2021 of this title.
(5) The programs under section 2033 of this title.
(6) The assessments required by section 2034 of this title.
(7) Such other programs relating to homeless veterans as may be specified by the Secretary.
(b) VHA Case Managers.— 
The Secretary shall ensure that the number of case managers in the Veterans Health Administration is sufficient to assure that every veteran who is provided a housing voucher through section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f (o)) is assigned to, and is seen as needed by, a case manager.

TITLE 38 - US CODE - SUBCHAPTER II - COMPREHENSIVE SERVICE PROGRAMS

38 USC 2011 - Grants

(a) Authority To Make Grants.— 
Subject to the availability of appropriations provided for such purpose, the Secretary shall make grants to assist eligible entities in establishing programs to furnish, and expanding or modifying existing programs for furnishing, the following to homeless veterans:
(1) Outreach.
(2) Rehabilitative services.
(3) Vocational counseling and training.
(4) Transitional housing assistance.
(b) Criteria for Grants.— 
The Secretary shall establish criteria and requirements for grants under this section, including criteria for entities eligible to receive grants, and shall publish such criteria and requirements in the Federal Register. The criteria established under this subsection shall include the following:
(1) Specification as to the kinds of projects for which grants are available, which shall include
(A) expansion, remodeling, or alteration of existing buildings, or acquisition of facilities, for use as service centers, transitional housing, or other facilities to serve homeless veterans; and
(B) procurement of vans for use in outreach to and transportation for homeless veterans for purposes of a program referred to in subsection (a).
(2) Specification as to the number of projects for which grants are available.
(3) Criteria for staffing for the provision of services under a project for which grants are made.
(4) Provisions to ensure that grants under this section
(A) shall not result in duplication of ongoing services; and
(B) to the maximum extent practicable, shall reflect appropriate geographic dispersion and an appropriate balance between urban and other locations.
(5) Provisions to ensure that an entity receiving a grant shall meet fire and safety requirements established by the Secretary, which shall include
(A) such State and local requirements that may apply; and
(B) fire and safety requirements applicable under the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.
(6) Specification as to the means by which an entity receiving a grant may contribute in-kind services to the start-up costs of a project for which a grant is sought and the methodology for assigning a cost to that contribution for purposes of subsection (c).
(c) Funding Limitations.— 
A grant under this section may not be used to support operational costs. The amount of a grant under this section may not exceed 65 percent of the estimated cost of the project concerned.
(d) Eligible Entities.— 
The Secretary may make a grant under this section to an entity applying for such a grant only if the applicant for the grant
(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;
(2) demonstrates that adequate financial support will be available to carry out the project for which the grant is sought consistent with the plans, specifications, and schedule submitted by the applicant; and
(3) agrees to meet the applicable criteria and requirements established under subsections (b) and (g) and has, as determined by the Secretary, the capacity to meet such criteria and requirements.
(e) Application Requirement.— 
An entity seeking a grant for a project under this section shall submit to the Secretary an application for the grant. The application shall set forth the following:
(1) The amount of the grant sought for the project.
(2) A description of the site for the project.
(3) Plans, specifications, and the schedule for implementation of the project in accordance with criteria and requirements prescribed by the Secretary under subsection (b).
(4) Reasonable assurance that upon completion of the work for which the grant is sought, the project will become operational and the facilities will be used principally to provide to veterans the services for which the project was designed, and that not more than 25 percent of the services provided under the project will be provided to individuals who are not veterans.
(f) Program Requirements.— 
The Secretary may not make a grant for a project to an applicant under this section unless the applicant in the application for the grant agrees to each of the following requirements:
(1) To provide the services for which the grant is made at locations accessible to homeless veterans.
(2) To maintain referral networks for homeless veterans for establishing eligibility for assistance and obtaining services, under available entitlement and assistance programs, and to aid such veterans in establishing eligibility for and obtaining such services.
(3) To ensure the confidentiality of records maintained on homeless veterans receiving services through the project.
(4) To establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant and to such payments as may be made under section 2012 of this title.
(5) To seek to employ homeless veterans and formerly homeless veterans in positions created for purposes of the grant for which those veterans are qualified.
(g) Service Center Requirements.— 
In addition to criteria and requirements established under subsection (b), in the case of an application for a grant under this section for a service center for homeless veterans, the Secretary shall require each of the following:
(1) That such center provide services to homeless veterans during such hours as the Secretary may specify and be open to such veterans on an as-needed, unscheduled basis.
(2) That space at such center be made available, as mutually agreeable, for use by staff of the Department of Veterans Affairs, the Department of Labor, and other appropriate agencies and organizations in assisting homeless veterans served by such center.
(3) That such center be equipped and staffed to provide or to assist in providing health care, mental health services, hygiene facilities, benefits and employment counseling, meals, transportation assistance, and such other services as the Secretary determines necessary.
(4) That such center be equipped and staffed to provide, or to assist in providing, job training, counseling, and placement services (including job readiness and literacy and skills training), as well as any outreach and case management services that may be necessary to carry out this paragraph.
(h) Recovery of Unused Grant Funds.— 

(1) If a grant recipient under this section does not establish a program in accordance with this section or ceases to furnish services under such a program for which the grant was made, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient in connection with such program.
(2) Any amount recovered by the United States under paragraph (1) may be obligated by the Secretary without fiscal year limitation to carry out provisions of this subchapter.
(3) An amount may not be recovered under paragraph (1) as an unused grant amount before the end of the three-year period beginning on the date on which the grant is made.

38 USC 2012 - Per diem payments

(a) Per Diem Payments for Furnishing Services to Homeless Veterans.— 

(1) Subject to the availability of appropriations provided for such purpose, the Secretary, pursuant to such criteria as the Secretary shall prescribe, shall provide to a recipient of a grant under section 2011 of this title (or an entity eligible to receive a grant under that section which after November 10, 1992, establishes a program that the Secretary determines carries out the purposes described in that section) per diem payments for services furnished to any homeless veteran
(A) whom the Secretary has referred to the grant recipient (or entity eligible for such a grant); or
(B) for whom the Secretary has authorized the provision of services.
(2) 
(A) The rate for such per diem payments shall be the daily cost of care estimated by the grant recipient or eligible entity adjusted by the Secretary under subparagraph (B). In no case may the rate determined under this paragraph exceed the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section.
(B) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under subparagraph (A) to exclude other sources of income described in subparagraph (D) that the grant recipient or eligible entity certifies to be correct.
(C) Each grant recipient or eligible entity shall provide to the Secretary such information with respect to other sources of income as the Secretary may require to make the adjustment under subparagraph (B).
(D) The other sources of income referred to in subparagraphs (B) and (C) are payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, including payments and grants from other departments and agencies of the United States, from departments or agencies of State or local government, and from private entities or organizations.
(3) In a case in which the Secretary has authorized the provision of services, per diem payments under paragraph (1) may be paid retroactively for services provided not more than three days before the authorization was provided.
(b) Inspections.— 
The Secretary may inspect any facility of a grant recipient or entity eligible for payments under subsection (a) at such times as the Secretary considers necessary. No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe.
(c) Life Safety Code.— 

(1) Except as provided in paragraph (2), a per diem payment may not be provided under this section to a grant recipient or eligible entity unless the facilities of the grant recipient or eligible entity, as the case may be, meet applicable fire and safety requirements under the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.
(2) During the five-year period beginning on the date of the enactment of this section, paragraph (1) shall not apply to an entity that received a grant under section 3 of the Homeless Veterans Comprehensive Service Programs Act of 1992 (Public Law 102590; 38 U.S.C. 7721 note )[1] before that date if the entity meets fire and safety requirements established by the Secretary.
(3) From amounts available for purposes of this section, not less than $5,000,000 shall be used only for grants to assist entities covered by paragraph (2) in meeting the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.
[1] See References in Text note below.

38 USC 2013 - Authorization of appropriations

There is authorized to be appropriated to carry out this subchapter $130,000,000 for fiscal year 2007 and each fiscal year thereafter.

TITLE 38 - US CODE - SUBCHAPTER III - TRAINING AND OUTREACH

38 USC 2021 - Homeless veterans reintegration programs

(a) In General.— 
Subject to the availability of appropriations provided for such purpose, the Secretary of Labor shall conduct, directly or through grant or contract, such programs as the Secretary determines appropriate to provide job training, counseling, and placement services (including job readiness and literacy and skills training) to expedite the reintegration of homeless veterans into the labor force.
(b) Requirement To Monitor Expenditures of Funds.— 

(1) The Secretary of Labor shall collect such information as that Secretary considers appropriate to monitor and evaluate the distribution and expenditure of funds appropriated to carry out this section. The information shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this section.
(2) Information under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may specify.
(c) Administration Through the Assistant Secretary of Labor for Veterans’ Employment and Training.— 
The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans Employment and Training.
(d) Biennial Report to Congress.— 
Not less than every two years, the Secretary of Labor shall submit to Congress a report on the programs conducted under this section. The Secretary of Labor shall include in the report an evaluation of services furnished to veterans under this section and an analysis of the information collected under subsection (b).
(e) Authorization of Appropriations.— 

(1) There are authorized to be appropriated to carry out this section amounts as follows:
(A) $50,000,000 for fiscal year 2002.
(B) $50,000,000 for fiscal year 2003.
(C) $50,000,000 for fiscal year 2004.
(D) $50,000,000 for fiscal year 2005.
(E) $50,000,000 for fiscal year 2006.
(F) $50,000,000 for each of fiscal years 2007 through 2009.
(2) Funds appropriated to carry out this section shall remain available until expended. Funds obligated in any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.

38 USC 2022 - Coordination of outreach services for veterans at risk of homelessness

(a) Outreach Plan.— 
The Secretary, acting through the Under Secretary for Health, shall provide for appropriate officials of the Mental Health Service and the Readjustment Counseling Service of the Veterans Health Administration to develop a coordinated plan for joint outreach by the two Services to veterans at risk of homelessness, including particularly veterans who are being discharged or released from institutions after inpatient psychiatric care, substance abuse treatment, or imprisonment.
(b) Matters To Be Included.— 
The outreach plan under subsection (a) shall include the following:
(1) Strategies to identify and collaborate with non-Department entities used by veterans who have not traditionally used Department services to further outreach efforts.
(2) Strategies to ensure that mentoring programs, recovery support groups, and other appropriate support networks are optimally available to veterans.
(3) Appropriate programs or referrals to family support programs.
(4) Means to increase access to case management services.
(5) Plans for making additional employment services accessible to veterans.
(6) Appropriate referral sources for mental health and substance abuse services.
(c) Cooperative Relationships.— 
The outreach plan under subsection (a) shall identify strategies for the Department to enter into formal cooperative relationships with entities outside the Department to facilitate making services and resources optimally available to veterans.
(d) Review of Plan.— 
The Secretary shall submit the outreach plan under subsection (a) to the Advisory Committee on Homeless Veterans for its review and consultation.
(e) Outreach Program.— 

(1) The Secretary shall carry out an outreach program to provide information to homeless veterans and veterans at risk of homelessness. The program shall include at a minimum
(A) provision of information about benefits available to eligible veterans from the Department; and
(B) contact information for local Department facilities, including medical facilities, regional offices, and veterans centers.
(2) In developing and carrying out the program under paragraph (1), the Secretary shall, to the extent practicable, consult with appropriate public and private organizations, including the Bureau of Prisons, State social service agencies, the Department of Defense, and mental health, veterans, and homeless advocates
(A) for assistance in identifying and contacting veterans who are homeless or at risk of homelessness;
(B) to coordinate appropriate outreach activities with those organizations; and
(C) to coordinate services provided to veterans with services provided by those organizations.
(f) Reports.— 

(1) Not later than October 1, 2002, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives an initial report that contains an evaluation of outreach activities carried out by the Secretary with respect to homeless veterans, including outreach regarding clinical issues and other benefits administered under this title. The Secretary shall conduct the evaluation in consultation with the Under Secretary for Benefits, the Department of Veterans Affairs central office official responsible for the administration of the Readjustment Counseling Service, the Director of Homeless Veterans Programs, and the Department of Veterans Affairs central office official responsible for the administration of the Mental Health Strategic Health Care Group.
(2) Not later than December 31, 2005, the Secretary shall submit to the committees referred to in paragraph (1) an interim report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:
(A) The Secretarys outreach plan under subsection (a), including goals and time lines for implementation of the plan for particular facilities and service networks.
(B) A description of the implementation and operation of the outreach program under subsection (e).
(C) A description of the implementation and operation of the demonstration program under section 2023 of this title.
(3) Not later than July 1, 2007, the Secretary shall submit to the committees referred to in paragraph (1) a final report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:
(A) An evaluation of the effectiveness of the outreach plan under subsection (a).
(B) An evaluation of the effectiveness of the outreach program under subsection (e).
(C) An evaluation of the effectiveness of the demonstration program under section 2023 of this title.
(D) Recommendations, if any, regarding an extension or modification of such outreach plan, such outreach program, and such demonstration program.

38 USC 2023 - Demonstration program of referral and counseling for veterans transitioning from certain institutions who are at risk for homelessness

(a) Program Authority.— 
The Secretary and the Secretary of Labor (hereinafter in this section referred to as the Secretaries) shall carry out a demonstration program for the purpose of determining the costs and benefits of providing referral and counseling services to eligible veterans with respect to benefits and services available to such veterans under this title and under State law.
(b) Location of Demonstration Program.— 
The demonstration program shall be carried out in at least six locations. One location shall be a penal institution under the jurisdiction of the Bureau of Prisons.
(c) Scope of Program.— 

(1) To the extent practicable, the demonstration program shall provide both referral and counseling services, and in the case of counseling services, shall include counseling with respect to job training and placement (including job readiness), housing, health care, and other benefits to assist the eligible veteran in the transition from institutional living.
(2) 
(A) To the extent that referral or counseling services are provided at a location under the program, referral services shall be provided in person during such period of time that the Secretaries may specify that precedes the date of release or discharge of the eligible veteran, and counseling services shall be furnished after such date.
(B) The Secretaries may, as part of the program, furnish to officials of penal institutions outreach information with respect to referral and counseling services for presentation to veterans in the custody of such officials during the 18-month period that precedes such date of release or discharge.
(3) The Secretaries may enter into contracts to carry out the referral and counseling services required under the program with entities or organizations that meet such requirements as the Secretaries may establish.
(4) In developing the program, the Secretaries shall consult with officials of the Bureau of Prisons, officials of penal institutions of States and political subdivisions of States, and such other officials as the Secretaries determine appropriate.
(d) Duration.— 
The authority of the Secretaries to provide referral and counseling services under the demonstration program shall cease on September 30, 2007.
(e) Definition.— 
In this section, the term eligible veteran means a veteran who
(1) is a resident of a penal institution or an institution that provides long-term care for mental illness; and
(2) is at risk for homelessness absent referral and counseling services provided under the demonstration program (as determined under guidelines established by the Secretaries).

TITLE 38 - US CODE - SUBCHAPTER IV - TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS

38 USC 2031 - General treatment

(a) In providing care and services under section 1710 of this title to veterans suffering from serious mental illness, including veterans who are homeless, the Secretary may provide (directly or in conjunction with a governmental or other entity)
(1) outreach services;
(2) care, treatment, and rehabilitative services (directly or by contract in community-based treatment facilities, including halfway houses); and
(3) therapeutic transitional housing assistance under section 2032 of this title, in conjunction with work therapy under subsection (a) or (b) of section 1718 of this title and outpatient care.
(b) The authority of the Secretary under subsection (a) expires on December 31, 2011.

38 USC 2032 - Therapeutic housing

(a) The Secretary, in connection with the conduct of compensated work therapy programs, may operate residences and facilities as therapeutic housing.
(b) The Secretary may use such procurement procedures for the purchase, lease, or other acquisition of residential housing for purposes of this section as the Secretary considers appropriate to expedite the opening and operation of transitional housing and to protect the interests of the United States.
(c) A residence or other facility may be operated as transitional housing for veterans described in paragraphs (1) and (2) of section 1710 (a) of this title under the following conditions:
(1) Only veterans described in those paragraphs and a house manager may reside in the residence or facility.
(2) Each resident, other than the house manager, shall be required to make payments that contribute to covering the expenses of board and the operational costs of the residence or facility for the period of residence in such housing.
(3) In order to foster the therapeutic and rehabilitative objectives of such housing
(A)  residents shall be prohibited from using alcohol or any controlled substance or item,
(B)  any resident violating that prohibition may be expelled from the residence or facility, and
(C)  each resident shall agree to undergo drug testing or such other measures as the Secretary shall prescribe to ensure compliance with that prohibition.
(4) In the establishment and operation of housing under this section, the Secretary shall consult with appropriate representatives of the community in which the housing is established and shall comply with zoning requirements, building permit requirements, and other similar requirements applicable to other real property used for similar purposes in the community.
(5) The residence or facility shall meet State and community fire and safety requirements applicable to other real property used for similar purposes in the community in which the transitional housing is located, but fire and safety requirements applicable to buildings of the Federal Government shall not apply to such property.
(d) The Secretary shall prescribe the qualifications for house managers for transitional housing units operated under this section. The Secretary may provide for free room and subsistence for a house manager in addition to, or instead of payment of, a fee for the services provided by the manager.
(e) 
(1) The Secretary may operate as transitional housing under this section
(A) any suitable residential property acquired by the Secretary as the result of a default on a loan made, guaranteed, or insured under chapter 37 of this title;
(B) any suitable space in a facility under the jurisdiction of the Secretary that is no longer being used
(i)  to provide acute hospital care, or
(ii)  as housing for medical center employees; and
(C) any other suitable residential property purchased, leased, or otherwise acquired by the Secretary.
(2) In the case of any property referred to in paragraph (1)(A), the Secretary shall
(A) transfer administrative jurisdiction over such property within the Department from the Veterans Benefits Administration to the Veterans Health Administration; and
(B) transfer from the General Post Fund to the Loan Guaranty Revolving Fund under chapter 37 of this title an amount (not to exceed the amount the Secretary paid for the property) representing the amount the Secretary considers could be obtained by sale of such property to a nonprofit organization or a State for use as a shelter for homeless veterans.
(3) In the case of any residential property obtained by the Secretary from the Department of Housing and Urban Development under this section, the amount paid by the Secretary to that Department for that property may not exceed the amount that the Secretary of Housing and Urban Development would charge for the sale of that property to a nonprofit organization or a State for use as a shelter for homeless persons. Funds for such charge shall be derived from the General Post Fund.
(f) The Secretary shall prescribe
(1) a procedure for establishing reasonable payment rates for persons residing in transitional housing; and
(2) appropriate limits on the period for which such persons may reside in transitional housing.
(g) The Secretary may dispose of any property acquired for the purpose of this section. The proceeds of any such disposal shall be credited to the General Post Fund.
(h) Funds received by the Department under this section shall be deposited in the General Post Fund. The Secretary may distribute out of the fund such amounts as necessary for the acquisition, management, maintenance, and disposition of real property for the purpose of carrying out such program. The Secretary shall manage the operation of this section so as to ensure that expenditures under this subsection for any fiscal year shall not exceed by more than $500,000 proceeds credited to the General Post Fund under this section. The operation of the program and funds received shall be separately accounted for, and shall be stated in the documents accompanying the Presidents budget for each fiscal year.

38 USC 2033 - Additional services at certain locations

(a) Subject to the availability of appropriations, the Secretary shall operate a program under this section to expand and improve the provision of benefits and services by the Department to homeless veterans.
(b) The program shall include the establishment of sites under the jurisdiction of the Secretary to be centers for the provision of comprehensive services to homeless veterans. The services to be provided at each site shall include a comprehensive and coordinated array of those specialized services which may be provided under existing law. The Secretary shall carry out the program under this section in sites in at least each of the 20 largest metropolitan statistical areas.
(c) The program shall include the services of such employees of the Veterans Benefits Administration as the Secretary determines appropriate at sites under the jurisdiction of the Secretary at which services are provided to homeless veterans.
(d) The program under this section shall terminate on December 31, 2011.

38 USC 2034 - Coordination with other agencies and organizations

(a) In assisting homeless veterans, the Secretary shall coordinate with, and may provide services authorized under this title in conjunction with, State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations.
(b) 
(1) The Secretary shall require the director of each medical center or the director of each regional benefits office to make an annual assessment of the needs of homeless veterans living within the area served by the medical center or regional office, as the case may be.
(2) Each such assessment shall be made in coordination with representatives of State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations that have experience working with homeless persons in that area.
(3) Each such assessment shall identify the needs of homeless veterans with respect to the following:
(A) Health care.
(B) Education and training.
(C) Employment.
(D) Shelter.
(E) Counseling.
(F) Outreach services.
(4) Each assessment shall also indicate the extent to which the needs referred to in paragraph (3) are being met adequately by the programs of the Department, of other departments and agencies of the Federal Government, of State and local governments, and of nongovernmental organizations.
(5) Each assessment shall be carried out in accordance with uniform procedures and guidelines prescribed by the Secretary.
(6) The Secretary shall review each annual assessment under this subsection and shall consolidate the findings and conclusions of each such assessment into the next annual report submitted to Congress under section 2065 of this title.
(c) In furtherance of subsection (a), the Secretary shall require the director of each medical center and the director of each regional benefits office, in coordination with representatives of State and local governments, other Federal officials, and nongovernmental organizations that have experience working with homeless persons in the areas served by such facility or office, to
(1) develop a list of all public and private programs that provide assistance to homeless persons or homeless veterans in the area concerned, together with a description of the services offered by those programs;
(2) seek to encourage the development by the representatives of such entities, in coordination with the director, of a plan to coordinate among such public and private programs the provision of services to homeless veterans;
(3) take appropriate action to meet, to the maximum extent practicable through existing programs and available resources, the needs of homeless veterans that are identified in the assessment conducted under subsection (b); and
(4) attempt to inform homeless veterans whose needs the director cannot meet under paragraph (3) of the services available to such veterans within the area served by such center or office.

TITLE 38 - US CODE - SUBCHAPTER V - HOUSING ASSISTANCE

38 USC 2041 - Housing assistance for homeless veterans

(a) 
(1) To assist homeless veterans and their families in acquiring shelter, the Secretary may enter into agreements described in paragraph (2) with
(A) nonprofit organizations, with preference being given to any organization named in, or approved by the Secretary under, section 5902 of this title; or
(B) any State or any political subdivision thereof.
(2) To carry out paragraph (1), the Secretary may enter into agreements to sell, lease, lease with an option to purchase, or donate real property, and improvements thereon, acquired by the Secretary as the result of a default on a loan made, insured, or guaranteed under this chapter. Such sale or lease or donation shall be for such consideration as the Secretary determines is in the best interests of homeless veterans and the Federal Government.
(3) The Secretary may enter into an agreement under paragraph (1) of this subsection only if
(A) the Secretary determines that such an action will not adversely affect the ability of the Department
(i) to fulfill its statutory missions with respect to the Department loan guaranty program and the short- and long-term solvency of the Veterans Housing Benefit Program Fund established under section 3722 of this title; or
(ii) to carry out other functions and administer other programs authorized by law;
(B) the entity to which the property is sold, leased, or donated agrees to
(i) utilize the property solely as a shelter primarily for homeless veterans and their families,
(ii) comply with all zoning laws relating to the property,
(iii) make no use of the property that is not compatible with the area where the property is located, and
(iv) take such other actions as the Secretary determines are necessary or appropriate in the best interests of homeless veterans and the Federal Government; and
(C) the Secretary determines that there is no significant likelihood of the property being sold for a price sufficient to reduce the liability of the Department or the veteran who defaulted on the loan.
(4) The term of any lease under this subsection may not exceed three years.
(5) An approved entity that leases a property from the Secretary under this section shall be responsible for the payment of any taxes, utilities, liability insurance, and other maintenance charges or similar charges that apply to the property.
(6) Any agreement, deed, or other instrument executed by the Secretary under this subsection shall be on such terms and conditions as the Secretary determines to be appropriate and necessary to carry out the purpose of such agreement.
(b) 
(1) Subject to paragraphs (2) and (3), the Secretary may make loans to organizations described in paragraph (1)(A) of subsection (a) to finance the purchase of property by such organizations under such subsection.
(2) In making a loan under this subsection, the Secretary
(A) shall establish credit standards to be used for this purpose;
(B) may, pursuant to section 3733 (a)(6) of this title, provide that the loan will bear interest at a rate below the rate that prevails for similar loans in the market in which the loan is made; and
(C) may waive the collection of a fee under section 3729 of this title in any case in which the Secretary determines that such a waiver would be appropriate.
(c) The Secretary may not enter into agreements under subsection (a) after December 31, 2011.

38 USC 2042 - Supported housing for veterans participating in compensated work therapies

The Secretary may authorize homeless veterans in the compensated work therapy program to be provided housing through the therapeutic residence program under section 2032 of this title or through grant and per diem providers under subchapter II of this chapter.

38 USC 2043 - Domiciliary care programs

(a) Authority.— 
The Secretary may establish up to 10 programs under section 1710 (b) of this title (in addition to any program that is established as of the date of the enactment of this section) to provide domiciliary services under such section to homeless veterans.
(b) Authorization of Appropriations.— 
There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2003 and 2004 to establish the programs referred to in subsection (a).

TITLE 38 - US CODE - SUBCHAPTER VI - LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING

38 USC 2051 - General authority

(a) The Secretary may guarantee the full or partial repayment of a loan that meets the requirements of this subchapter.
(b) 
(1) Not more than 15 loans may be guaranteed under subsection (a), of which not more than five such loans may be guaranteed during the 3-year period beginning on the date of the enactment of this subchapter.
(2) A guarantee of a loan under subsection (a) shall be in an amount that is not less than the amount necessary to sell the loan in a commercial market.
(3) Not more than an aggregate amount of $100,000,000 in loans may be guaranteed under subsection (a).
(c) A loan may not be guaranteed under this subchapter unless, before closing such loan, the Secretary has approved the loan.
(d) 
(1) The Secretary shall enter into contracts with a qualified nonprofit organization, or other qualified organization, that has experience in underwriting transitional housing projects to obtain advice in carrying out this subchapter, including advice on the terms and conditions necessary for a loan that meets the requirements of section 2052 of this title.
(2) For purposes of paragraph (1), a nonprofit organization is an organization that is described in paragraph (3) or (4) of subsection (c) of section 501 of the Internal Revenue Code of 1986 and is exempt from tax under subsection (a) of such section.
(e) The Secretary may carry out this subchapter in advance of the issuance of regulations for such purpose.
(f) The Secretary may guarantee loans under this subchapter notwithstanding any requirement for prior appropriations for such purpose under any provision of law.
(g) Notwithstanding any other provision of law, a multifamily transitional housing project that is funded by a loan guaranteed under this subchapter may accept uncompensated voluntary services performed by any eligible entity (as that term is defined in section 2011 (d) of this title) in connection with the construction, alteration, or repair of such project.

38 USC 2052 - Requirements

(a) A loan referred to in section 2051 of this title meets the requirements of this subchapter if each of the following requirements is met:
(1) The loan
(A) is for
(i) construction of, rehabilitation of, or acquisition of land for a multifamily transitional housing project described in subsection (b), or more than one of such purposes; or
(ii) refinancing of an existing loan for such a project; and
(B) may also include additional reasonable amounts for
(i) financing acquisition of furniture, equipment, supplies, or materials for the project; or
(ii) in the case of a loan made for purposes of subparagraph (A)(i), supplying the organization carrying out the project with working capital relative to the project.
(2) The loan is made in connection with funding or the provision of substantial property or services for such project by either a State or local government or a nongovernmental entity, or both.
(3) The maximum loan amount does not exceed the lesser of
(A) that amount generally approved (utilizing prudent underwriting principles) in the consideration and approval of projects of similar nature and risk so as to assure repayment of the loan obligation; and
(B) 90 percent of the total cost of the project.
(4) The loan is of sound value, taking into account the creditworthiness of the entity (and the individual members of the entity) applying for such loan.
(5) The loan is secured.
(6) The loan is subject to such terms and conditions as the Secretary determines are reasonable, taking into account other housing projects with similarities in size, location, population, and services provided.
(b) For purposes of this subchapter, a multifamily transitional housing project referred to in subsection (a)(1) is a project that
(1) provides transitional housing to homeless veterans, which housing may be single room occupancy (as defined in section 8(n) of the United States Housing Act of 1937 (42 U.S.C. 1437f (n)));
(2) provides supportive services and counselling services (including job counselling) at the project site with the goal of making such veterans self-sufficient;
(3) requires that each such veteran seek to obtain and maintain employment;
(4) charges a reasonable fee for occupying a unit in such housing; and
(5) maintains strict guidelines regarding sobriety as a condition of occupying such unit.
(c) Such a project
(1) may include space for neighborhood retail services, other commercial activities, or job training programs; and
(2) may provide transitional housing to veterans who are not homeless and to homeless individuals who are not veterans if
(A) at the time of taking occupancy by any such veteran or homeless individual, the transitional housing needs of homeless veterans in the project area have been met;
(B) the housing needs of any such veteran or homeless individual can be met in a manner that is compatible with the manner in which the needs of homeless veterans are met under paragraph (1); and
(C) the provisions of paragraphs (4) and (5) of subsection (b) are met.
(d) In determining whether to guarantee a loan under this subchapter, the Secretary shall consider
(1) the availability of Department of Veterans Affairs medical services to residents of the multifamily transitional housing project; and
(2) the extent to which needs of homeless veterans are met in a community, as assessed under section 107 of Public Law 102405.

38 USC 2053 - Default

(a) The Secretary shall take such steps as may be necessary to obtain repayment on any loan that is in default and that is guaranteed under this subchapter.
(b) Upon default of a loan guaranteed under this subchapter and terminated pursuant to State law, a lender may file a claim under the guarantee for an amount not to exceed the lesser of
(1) the maximum guarantee; or
(2) the difference between
(A) the total outstanding obligation on the loan, including principal, interest, and expenses authorized by the loan documents, through the date of the public sale (as authorized under such documents and State law); and
(B) the amount realized at such sale.

38 USC 2054 - Audit

(a) During each of the first 3 years of operation of a multifamily transitional housing project with respect to which a loan is guaranteed under this subchapter, there shall be an annual, independent audit of such operation. Such audit shall include a detailed statement of the operations, activities, and accomplishments of such project during the year covered by such audit. The party responsible for obtaining such audit (and paying the costs therefor) shall be determined before the Secretary issues a guarantee under this subchapter.
(b) After the first three years of operation of such a multifamily transitional housing project, the Secretary may provide for periodic audits of the project.

TITLE 38 - US CODE - SUBCHAPTER VII - OTHER PROVISIONS

38 USC 2061 - Grant program for homeless veterans with special needs

(a) Establishment.— 
The Secretary shall carry out a program to make grants to health care facilities of the Department and to grant and per diem providers in order to encourage development by those facilities and providers of programs for homeless veterans with special needs.
(b) Homeless Veterans With Special Needs.— 
For purposes of this section, homeless veterans with special needs include homeless veterans who are
(1) women, including women who have care of minor dependents;
(2) frail elderly;
(3) terminally ill; or
(4) chronically mentally ill.
(c) Funding.— 

(1) From amounts appropriated to the Department for Medical Services for each of fiscal years 2007 through 2011, $5,000,000 shall be available for each such fiscal year for the purposes of the program under this section.
(2) The Secretary shall ensure that funds for grants under this section are designated for the first three years of operation of the program under this section as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system.

38 USC 2062 - Dental care

(a) In General.— 
For purposes of section 1712 (a)(1)(H) of this title, outpatient dental services and treatment of a dental condition or disability of a veteran described in subsection (b) shall be considered to be medically necessary, subject to subsection (c), if
(1) the dental services and treatment are necessary for the veteran to successfully gain or regain employment;
(2) the dental services and treatment are necessary to alleviate pain; or
(3) the dental services and treatment are necessary for treatment of moderate, severe, or severe and complicated gingival and periodontal pathology.
(b) Eligible Veterans.— 
Subsection (a) applies to a veteran
(1) who is enrolled for care under section 1705 (a) of this title; and
(2) who, for a period of 60 consecutive days, is receiving care (directly or by contract) in any of the following settings:
(A) A domiciliary under section 1710 of this title.
(B) A therapeutic residence under section 2032 of this title.
(C) Community residential care coordinated by the Secretary under section 1730 of this title.
(D) A setting for which the Secretary provides funds for a grant and per diem provider.
(3) For purposes of paragraph (2), in determining whether a veteran has received treatment for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of treatment for which the veteran is not responsible.
(c) Limitation.— 
Dental benefits provided by reason of this section shall be a one-time course of dental care provided in the same manner as the dental benefits provided to a newly discharged veteran.

38 USC 2063 - Employment assistance

The Secretary may authorize homeless veterans receiving care through vocational rehabilitation programs to participate in the compensated work therapy program under section 1718 of this title.

38 USC 2064 - Technical assistance grants for nonprofit community-based groups

(a) Grant Program.— 
The Secretary shall carry out a program to make grants to entities or organizations with expertise in preparing grant applications. Under the program, the entities or organizations receiving grants shall provide technical assistance to nonprofit community-based groups with experience in providing assistance to homeless veterans in order to assist such groups in applying for grants under this chapter and other grants relating to addressing problems of homeless veterans.
(b) Authorization of Appropriations.— 
There are authorized to be appropriated $1,000,000 for each of fiscal years 2007 through 2012 to carry out the program under this section.

38 USC 2065 - Annual report on assistance to homeless veterans

(a) Annual Report.— 
Not later than June 15 of each year, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the activities of the Department during the calendar year preceding the report under programs of the Department under this chapter and other programs of the Department for the provision of assistance to homeless veterans.
(b) General Contents of Report.— 
Each report under subsection (a) shall include the following:
(1) The number of homeless veterans provided assistance under the programs referred to in subsection (a).
(2) The cost to the Department of providing such assistance under those programs.
(3) The Secretarys evaluation of the effectiveness of the programs of the Department in providing assistance to homeless veterans, including
(A) residential work-therapy programs;
(B) programs combining outreach, community-based residential treatment, and case-management; and
(C) contract care programs for alcohol and drug-dependence or use disabilities).[1]
(4) The Secretarys evaluation of the effectiveness of programs established by recipients of grants under section 2011 of this title and a description of the experience of those recipients in applying for and receiving grants from the Secretary of Housing and Urban Development to serve primarily homeless persons who are veterans.
(5) Information on the efforts of the Secretary to coordinate the delivery of housing and services to homeless veterans with other Federal departments and agencies, including
(A) the Department of Defense;
(B) the Department of Health and Human Services;
(C) the Department of Housing and Urban Development;
(D) the Department of Justice;
(E) the Department of Labor;
(F) the Interagency Council on Homelessness;
(G) the Social Security Administration; and
(H) any other Federal department or agency with which the Secretary coordinates the delivery of housing and services to homeless veterans.
(6) Any other information on those programs and on the provision of such assistance that the Secretary considers appropriate.
(c) Health Care Contents of Report.— 
Each report under subsection (a) shall include, with respect to programs of the Department addressing health care needs of homeless veterans, the following:
(1) Information about expenditures, costs, and workload under the program of the Department known as the Health Care for Homeless Veterans program (HCHV).
(2) Information about the veterans contacted through that program.
(3) Information about program treatment outcomes under that program.
(4) Information about supported housing programs.
(5) Information about the Departments grant and per diem provider program under subchapter II of this chapter.
(6) The findings and conclusions of the assessments of the medical needs of homeless veterans conducted under section 2034 (b) of this title.
(7) Other information the Secretary considers relevant in assessing those programs.
(d) Benefits Content of Report.— 
Each report under subsection (a) shall include, with respect to programs and activities of the Veterans Benefits Administration in processing of claims for benefits of homeless veterans during the preceding year, the following:
(1) Information on costs, expenditures, and workload of Veterans Benefits Administration claims evaluators in processing claims for benefits of homeless veterans.
(2) Information on the filing of claims for benefits by homeless veterans.
(3) Information on efforts undertaken to expedite the processing of claims for benefits of homeless veterans.
(4) Other information that the Secretary considers relevant in assessing the programs and activities.
[1] So in original. There is no opening parenthesis.

38 USC 2066 - Advisory Committee on Homeless Veterans

(a) Establishment.— 

(1) There is established in the Department the Advisory Committee on Homeless Veterans (hereinafter in this section referred to as the Committee).
(2) The Committee shall consist of not more than 15 members appointed by the Secretary from among the following:
(A) Veterans service organizations.
(B) Advocates of homeless veterans and other homeless individuals.
(C) Community-based providers of services to homeless individuals.
(D) Previously homeless veterans.
(E) State veterans affairs officials.
(F) Experts in the treatment of individuals with mental illness.
(G) Experts in the treatment of substance use disorders.
(H) Experts in the development of permanent housing alternatives for lower income populations.
(I) Experts in vocational rehabilitation.
(J) Such other organizations or groups as the Secretary considers appropriate.
(3) The Committee shall include, as ex officio members, the following:
(A) The Secretary of Labor (or a representative of the Secretary selected after consultation with the Assistant Secretary of Labor for Veterans Employment).
(B) The Secretary of Defense (or a representative of the Secretary).
(C) The Secretary of Health and Human Services (or a representative of the Secretary).
(D) The Secretary of Housing and Urban Development (or a representative of the Secretary).
(E) The Executive Director of the Interagency Council on Homelessness (or a representative of the Executive Director).
(F) The Under Secretary for Health (or a representative of the Under Secretary after consultation with the Director of the Office of Homeless Veterans Programs).
(G) The Under Secretary for Benefits (or a representative of the Under Secretary after consultation with the Director of the Office of Homeless Veterans Programs).
(4) 
(A) The Secretary shall determine the terms of service and allowances of the members of the Committee, except that a term of service may not exceed three years. The Secretary may reappoint any member for additional terms of service.
(B) Members of the Committee shall serve without pay. Members may receive travel expenses, including per diem in lieu of subsistence for travel in connection with their duties as members of the Committee.
(b) Duties.— 

(1) The Secretary shall consult with and seek the advice of the Committee on a regular basis with respect to the provision by the Department of benefits and services to homeless veterans.
(2) In providing advice to the Secretary under this subsection, the Committee shall
(A) assemble and review information relating to the needs of homeless veterans;
(B) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting homeless veterans; and
(C) provide on-going advice on the most appropriate means of providing assistance to homeless veterans.
(3) The Committee shall
(A) review the continuum of services provided by the Department directly or by contract in order to define cross-cutting issues and to improve coordination of all services with the Department that are involved in addressing the special needs of homeless veterans;
(B) identify (through the annual assessments under section 2034 of this title and other available resources) gaps in programs of the Department in serving homeless veterans, including identification of geographic areas with unmet needs, and provide recommendations to address those gaps;
(C) identify gaps in existing information systems on homeless veterans, both within and outside the Department, and provide recommendations about redressing problems in data collection;
(D) identify barriers under existing laws and policies to effective coordination by the Department with other Federal agencies and with State and local agencies addressing homeless populations;
(E) identify opportunities for increased liaison by the Department with nongovernmental organizations and individual groups providing services to homeless populations;
(F) with appropriate officials of the Department designated by the Secretary, participate with the Interagency Council on the Homeless under title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.);
(G) recommend appropriate funding levels for specialized programs for homeless veterans provided or funded by the Department;
(H) recommend appropriate placement options for veterans who, because of advanced age, frailty, or severe mental illness, may not be appropriate candidates for vocational rehabilitation or independent living; and
(I) perform such other functions as the Secretary may direct.
(c) Reports.— 

(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to homeless veterans. Each such report shall include
(A) an assessment of the needs of homeless veterans;
(B) a review of the programs and activities of the Department designed to meet such needs;
(C) a review of the activities of the Committee; and
(D) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.
(2) Not later than 90 days after the receipt of a report under paragraph (1), the Secretary shall transmit to the Committees on Veterans Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.
(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section.
(d) Termination.— 
The Committee shall cease to exist December 30, 2011.