PUBLIC LAW 107-95 – DEC. 21, 2001
Homeless Veterans Comprehensive Assistance Act
of 2001
Prime Sponsor: Mr. Christopher H.
Smith (NJ) H.R. 2716 – Signed by President Bush
on December 21, 2001
H.R.2716
One Hundred Seventh Congress
of
the
United States of America
AT
THE FIRST SESSION
Begun
and held at the City of Washington on Wednesday, the third day of
January, two thousand and one
An Act
To
amend title 38, United States Code, to revise, improve, and consolidate
provisions of law providing benefits and services for homeless veterans.
Be it enacted by the Senate and House
of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) SHORT TITLE- This Act may be cited as
the `Homeless Veterans Comprehensive Assistance Act of 2001'.
(b) TABLE OF CONTENTS- The table of
contents of this Act is as follows:
Sec. 1. Short title; table of contents;
references to title 38, United States Code.
Sec. 2. Definitions.
Sec. 3. National goal to end homelessness
among veterans.
Sec. 4. Sense of the Congress regarding
the needs of homeless veterans and the responsibility of Federal
agencies.
Sec. 5. Consolidation and improvement of
provisions of law relating to homeless veterans.
Sec. 6. Evaluation centers for homeless
veterans programs.
Sec. 7. Study of outcome effectiveness of
grant program for homeless veterans with special needs.
Sec. 8. Expansion of other programs.
Sec. 9. Coordination of employment
services.
Sec. 10. Use of real property.
Sec. 11. Meetings of Interagency Council
on Homeless.
Sec. 12. Rental assistance vouchers for
HUD Veterans Affairs Supported Housing program.
(c) REFERENCES TO TITLE 38, UNITED STATES
CODE- Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC.
2. DEFINITIONS.
For purposes of this Act:
(1) The term `homeless veteran' has the
meaning given such term in section 2002 of title 38, United States Code,
as added by section 5(a)(1).
(2) The term `grant and per diem provider'
means an entity in receipt of a grant under section 2011 or 2012 of
title 38, United States Code, as so added.
SEC.
3. NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS.
(a) NATIONAL GOAL- Congress hereby
declares it to be a national goal to end chronic homelessness among
veterans within a decade of the enactment of this Act.
(b) COOPERATIVE EFFORTS ENCOURAGED-
Congress hereby encourages all departments and agencies of Federal,
State, and local governments, quasi-governmental organizations, private
and public sector entities, including community-based organizations,
faith-based organizations, and individuals to work cooperatively to end
chronic homelessness among veterans within a decade.
SEC.
4. SENSE OF THE CONGRESS REGARDING THE NEEDS OF HOMELESS VETERANS AND
THE RESPONSIBILITY OF FEDERAL AGENCIES.
It is the sense of the Congress that--
(1) homelessness is a significant problem
in the veterans community and veterans are disproportionately
represented among homeless men;
(2) while many effective programs assist
homeless veterans to again become productive and self-sufficient members
of society, current resources provided to such programs and other
activities that assist homeless veterans are inadequate to provide all
needed essential services, assistance, and support to homeless veterans;
(3) the most effective programs for the
assistance of homeless veterans should be identified and expanded;
(4) federally funded programs for homeless
veterans should be held accountable for achieving clearly defined
results;
(5) Federal efforts to assist homeless
veterans should include prevention of homelessness; and
(6) Federal agencies, particularly the
Department of Veterans Affairs, the Department of Housing and Urban
Development, and the Department of Labor, should cooperate more fully to
address the problem of homelessness among veterans.
SEC.
5. CONSOLIDATION AND IMPROVEMENT OF PROVISIONS OF LAW RELATING TO
HOMELESS VETERANS.
(a) IN GENERAL- (1) Part II is amended by
inserting after chapter 19 the following new chapter:
`CHAPTER 20--BENEFITS FOR HOMELESS
VETERANS
`subchapter i--purpose;
definitions; administrative matters
`Sec.
`2001. Purpose.
`2002. Definitions.
`2003. Staffing requirements.
`subchapter
ii--comprehensive service programs
`2011. Grants.
`2012. Per diem payments.
`2013. Authorization of appropriations.
`subchapter
iii--training and outreach
`2021. Homeless veterans reintegration
programs.
`2022. Coordination of outreach services
for veterans at risk of homelessness.
`2023. Demonstration program of referral
and counseling for veterans transitioning from certain institutions who
are at risk for homelessness.
`subchapter
iv--treatment and rehabilitation for seriously mentally ill and homeless
veterans
`2031. General treatment.
`2032. Therapeutic housing.
`2033. Additional services at certain
locations.
`2034. Coordination with other agencies
and organizations.
`subchapter v--housing assistance
`2041. Housing assistance for homeless
veterans.
`2042. Supported housing for veterans
participating in compensated work therapies.
`2043. Domiciliary care programs.
`subchapter vi--loan guarantee for multifamily transitional housing
`2051. General authority.
`2052. Requirements.
`2053. Default.
`2054. Audit.
`subchapter vii--other provisions
`2061. Grant program for homeless veterans
with special needs.
`2062. Dental care.
`2063. Employment assistance.
`2064. Technical assistance grants for
nonprofit community-based groups.
`2065. Annual report on assistance to
homeless veterans.
`2066. Advisory Committee on Homeless
Veterans.
`SUBCHAPTER I--PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS
`Sec.
2001. Purpose
`The purpose of this chapter is to provide
for the special needs of homeless veterans.
`Sec.
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.
`Sec.
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.
`SUBCHAPTER II--COMPREHENSIVE SERVICE PROGRAMS
`Sec.
2011. Grants
`(a) AUTHORITY TO MAKE GRANTS- (1) 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:
`(A) Outreach.
`(B) Rehabilitative services.
`(C) Vocational counseling and training
`(D) Transitional housing assistance.
`(2) The authority of the Secretary to
make grants under this section expires on September 30, 2005.
`(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.
`Sec.
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 102-590;
38 U.S.C. 7721 note) 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.
`Sec.
2013. Authorization of appropriations
`There are authorized to be appropriated
to carry out this subchapter amounts as follows:
`(1) $60,000,000 for fiscal year 2002.
`(2) $75,000,000 for fiscal year 2003.
`(3) $75,000,000 for fiscal year 2004.
`(4) $75,000,000 for fiscal year 2005.
`SUBCHAPTER III--TRAINING AND OUTREACH
`Sec.
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.
`(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.
`Sec.
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 Secretary's 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.
`Sec.
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 the date that is four years after
the date of the commencement of the program.
`(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).
`SUBCHAPTER V--HOUSING ASSISTANCE
`Sec.
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.
`Sec.
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).
`SUBCHAPTER VII--OTHER PROVISIONS
`Sec.
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 Care' for each of fiscal
years 2003, 2004, and 2005, $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.
`Sec.
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.
`Sec.
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.
`Sec.
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) FUNDING- There is authorized to be
appropriated $750,000 for each of fiscal years 2002 through 2005 to
carry out the program under this section.
`Sec.
2065. Annual report on assistance to homeless veterans
`(a) ANNUAL REPORT- Not later than April
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 Secretary's 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).
`(4) The Secretary's 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) 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 Department's
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.
`Sec.
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).
`(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 31, 2006.'.
(2) The tables of chapters before part I
and at the beginning of part II are each amended by inserting after the
item relating to chapter 19 the following new item:
2001'.
(b) HEALTH CARE- (1) Subchapter VII of
chapter 17 is transferred to chapter 20 (as added by subsection (a)),
inserted after section 2023 (as so added), and redesignated as
subchapter IV, and sections 1771, 1772, 1773, and 1774 therein are
redesignated as sections 2031, 2032, 2033, and 2034, respectively.
(2) Subsection (a)(3) of section 2031, as
so transferred and redesignated, is amended by striking `section 1772 of
this title' and inserting `section 2032 of this title'.
(c) HOUSING ASSISTANCE- Section 3735 is
transferred to chapter 20 (as added by subsection (a)), inserted after
the heading for subchapter V, and redesignated as section 2041.
(d) MULTIFAMILY TRANSITIONAL HOUSING- (1)
Subchapter VI of chapter 37 (other than section 3771) is transferred to
chapter 20 (as added by subsection (a)) and inserted after section 2043
(as so added), and sections 3772, 3773, 3774, and 3775 therein are
redesignated as sections 2051, 2052, 2053, and 2054, respectively.
(2) Such subchapter is amended--
(A) in the heading, by striking `FOR
HOMELESS VETERANS';
(B) in subsection (d)(1) of section 2051,
as so transferred and redesignated, by striking `section 3773 of this
title' and inserting `section 2052 of this title'; and
(C) in subsection (a) of section 2052, as
so transferred and redesignated, by striking `section 3772 of this
title' and inserting `section 2051 of this title'.
(3) Section 3771 is repealed.
(e) REPEAL OF CODIFIED PROVISIONS- The
following provisions of law are repealed:
(1) Sections 3, 4, and 12 of the Homeless
Veterans Comprehensive Service Programs Act of 1992 (Public Law 102-590;
38 U.S.C. 7721 note).
(2) Section 1001 of the Veterans' Benefits
Improvements Act of 1994 (Public Law 103-446; 38 U.S.C. 7721 note).
(3) Section 4111.
(4) Section 738 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11448).
(f) EXTENSION OF EXPIRING AUTHORITIES-
Subsection (b) of section 2031, as redesignated by subsection (b)(1),
and subsection (d) of section 2033, as so redesignated, are amended by
striking `December 31, 2001' and inserting `December 31, 2006'.
(g) CLERICAL AMENDMENTS- (1) The table of
sections at the beginning of chapter 17 is amended by striking the item
relating to subchapter VII and the items relating to sections 1771,
1772, 1773, and 1774.
(2) The table of sections at the beginning
of chapter 37 is amended--
(A) by striking the item relating to
section 3735; and
(B) by striking the item relating to
subchapter VI and the items relating to sections 3771, 3772, 3773, 3774,
and 3775.
(3) The table of sections at the beginning
of chapter 41 is amended by striking the item relating to section 4111.
SEC.
6. EVALUATION CENTERS FOR HOMELESS VETERANS PROGRAMS.
(a) EVALUATION CENTERS- The Secretary of
Veterans Affairs shall support the continuation within the Department of
Veterans Affairs of at least one center for evaluation to monitor the
structure, process, and outcome of programs of the Department of
Veterans Affairs that address homeless veterans.
(b) ANNUAL PROGRAM ASSESSMENT- Section
2034(b), as transferred and redesignated by section 5(b)(1), is
amended--
(1) by inserting `annual' in paragraph (1)
after `to make an'; and
(2) by adding at the end the following new
paragraph:
`(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.'.
SEC.
7. STUDY OF OUTCOME EFFECTIVENESS OF GRANT PROGRAM FOR HOMELESS VETERANS
WITH SPECIAL NEEDS.
(a) STUDY- The Secretary of Veterans
Affairs shall conduct a study of the effectiveness during fiscal year
2002 through fiscal year 2004 of the grant program under section 2061 of
title 38, United States Code, as added by section 5(a), in meeting the
needs of homeless veterans with special needs (as specified in that
section). As part of the study, the Secretary shall compare the results
of programs carried out under that section, in terms of veterans'
satisfaction, health status, reduction in addiction severity, housing,
and encouragement of productive activity, with results for similar
veterans in programs of the Department or of grant and per diem
providers that are designed to meet the general needs of homeless
veterans.
(b) REPORT- Not later than March 31, 2005,
the Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report setting forth the results
of the study under subsection (a).
SEC.
8. EXPANSION OF OTHER PROGRAMS.
(a) ACCESS TO MENTAL HEALTH SERVICES-
Section 1706 is amended by adding at the end the following new
subsection:
`(c) The Secretary shall ensure that each
primary care health care facility of the Department develops and carries
out a plan to provide mental health services, either through referral or
direct provision of services, to veterans who require such services.'.
(b) COMPREHENSIVE HOMELESS SERVICES
PROGRAM- Subsection (b) of section 2033, as transferred and redesignated
by section 5(b)(1), is amended--
(1) by striking `not fewer' in the first
sentence and all that follows through `services) at'; and
(2) by adding at the end the following new
sentence: `The Secretary shall carry out the program under this section
in sites in at least each of the 20 largest metropolitan statistical
areas.'.
(c) ACCESS TO SUBSTANCE USE DISORDER
SERVICES- Section 1720A is amended by adding at the end the following
new subsection:
`(d)(1) The Secretary shall ensure that
each medical center of the Department develops and carries out a plan to
provide treatment for substance use disorders, either through referral
or direct provision of services, to veterans who require such treatment.
`(2) Each plan under paragraph (1) shall
make available clinically proven substance abuse treatment methods,
including opioid substitution therapy, to veterans with respect to whom
a qualified medical professional has determined such treatment methods
to be appropriate.'.
SEC.
9. COORDINATION OF EMPLOYMENT SERVICES.
(a) DISABLED VETERANS' OUTREACH PROGRAM-
Section 4103A(c) is amended by adding at the end the following new
paragraph:
`(11) Coordination of employment services
with training assistance provided to veterans by entities receiving
funds under section 2021 of this title.'.
(b) LOCAL VETERANS' EMPLOYMENT
REPRESENTATIVES- Section 4104(b) is amended--
(1) by striking `and' at the end of
paragraph (11);
(2) by striking the period at the end of
paragraph (12) and inserting `; and'; and
(3) by adding at the end the following new
paragraph:
`(13) coordinate employment services with
training assistance provided to veterans by entities receiving funds
under section 2021 of this title.'.
SEC.
10. USE OF REAL PROPERTY.
(a) LIMITATION ON DECLARING PROPERTY
EXCESS TO THE NEEDS OF THE DEPARTMENT- Section 8122(d) is amended by
inserting before the period at the end the following: `and is not
suitable for use for the provision of services to homeless veterans by
the Department or by another entity under an enhanced-use lease of such
property under section 8162 of this title'.
(b) WAIVER OF COMPETITIVE SELECTION
PROCESS FOR ENHANCED-USE LEASES FOR PROPERTIES USED TO SERVE HOMELESS
VETERANS- Section 8162(b)(1) is amended--
(1) by inserting `(A)' after `(b)(1)'; and
(2) by adding at the end the following:
`(B) In the case of a property that the
Secretary determines is appropriate for use as a facility to furnish
services to homeless veterans under chapter 20 of this title, the
Secretary may enter into an enhanced-use lease with a provider of
homeless services without regard to the selection procedures required
under subparagraph (A).'.
(c) EFFECTIVE DATE- The amendments made by
subsection (b) shall apply to leases entered into on or after the date
of the enactment of this Act.
SEC.
11. MEETINGS OF INTERAGENCY COUNCIL ON HOMELESS.
Section 202(c) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11312(c)) is amended to read as
follows:
`(c) MEETINGS- The Council shall meet at
the call of its Chairperson or a majority of its members, but not less
often than annually.'.
SEC.
12. RENTAL ASSISTANCE VOUCHERS FOR HUD VETERANS AFFAIRS SUPPORTED
HOUSING PROGRAM.
Section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the
following new paragraph:
`(19) RENTAL VOUCHERS FOR VETERANS AFFAIRS
SUPPORTED HOUSING PROGRAM-
`(A) SET ASIDE- Subject to subparagraph
(C), the Secretary shall set aside, from amounts made available for
rental assistance under this subsection, the amounts specified in
subparagraph (B) for use only for providing such assistance through a
supported housing program administered in conjunction with the
Department of Veterans Affairs. Such program shall provide rental
assistance on behalf of homeless veterans who have chronic mental
illnesses or chronic substance use disorders, shall require agreement of
the veteran to continued treatment for such mental illness or substance
use disorder as a condition of receipt of such rental assistance, and
shall ensure such treatment and appropriate case management for each
veteran receiving such rental assistance.
`(B) AMOUNT- The amount specified in this
subparagraph is--
`(i) for fiscal year 2003, the amount
necessary to provide 500 vouchers for rental assistance under this
subsection;
`(ii) for fiscal year 2004, the amount
necessary to provide 1,000 vouchers for rental assistance under this
subsection;
`(iii) for fiscal year 2005, the amount
necessary to provide 1,500 vouchers for rental assistance under this
subsection; and
`(iv) for fiscal year 2006, the amount
necessary to provide 2,000 vouchers for rental assistance under this
subsection.
`(C) FUNDING THROUGH INCREMENTAL
ASSISTANCE- In any fiscal year, to the extent that this paragraph
requires the Secretary to set aside rental assistance amounts for use
under this paragraph in an amount that exceeds the amount set aside in
the preceding fiscal year, such requirement shall be effective only to
such extent or in such amounts as are or have been provided in
appropriation Acts for such fiscal year for incremental rental
assistance under this subsection.'.
Speaker of the House
of Representatives.
Vice President of the
United States and
President of the
Senate.
END
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