[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Engrossed in Senate (ES)]
107th CONGRESS
1st Session
S. 739
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve programs for homeless
veterans, and for other purposes.
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.
(a) Short Title.--This Act may be cited as the ``Heather French
Henry Homeless Veterans Assistance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; definition.
Sec. 3. National goal to end homelessness among veterans.
Sec. 4. Advisory Committee on Homeless Veterans.
Sec. 5. Meetings of Interagency Council on the Homeless.
Sec. 6. Evaluation of programs and activities regarding homeless
veterans.
Sec. 7. Per diem payments for furnishing services to homeless veterans.
Sec. 8. Dental care for homeless veterans.
Sec. 9. Programmatic expansions.
Sec. 10. Various authorities.
Sec. 11. Life safety code for grant and per diem providers.
Sec. 12. Assistance for grant applications.
Sec. 13. Extension of homeless veterans reintegration program.
SEC. 2. FINDINGS; DEFINITION.
(a) Findings.--Congress makes the following findings:
(1) On the field of battle, the members of the Armed Forces
who defend the Nation are honor-bound to leave no one behind
and, likewise, the Nation is honor-bound to leave no veteran
behind.
(2) The Department of Veterans Affairs report known as the
Community Homeless Assessment, Local Education, and Networking
Groups for Veterans (CHALENG) assessment, issued in May 2000,
reports that during 1999 there were an estimated 344,983
homeless veterans, an increase of 34 percent above the 1998
estimate of 256,872 homeless veterans.
(3) The 1996 National Survey of Homeless Assistance
Providers and Clients found that, although veterans constitute
only 13 percent of the adult population, veterans comprise 23
percent of homeless clients.
(4) Homelessness among veterans is persistent despite
unprecedented economic growth and job creation and general
prosperity.
(5) While there are many effective programs that 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.
(6) The CHALENG assessment referred to in paragraph (2)
reports--
(A) that Department of Veterans Affairs and
community providers were responsible for establishing
almost 500 beds for homeless veterans during 2000,
including emergency, transitional, and permanent beds;
and
(B) that there is a need for about 45,724
additional beds to meet current needs of homeless
veterans.
(7) Nearly four decades ago, the Nation established a goal
of sending a man to the moon and returning him safely to earth
within a decade and accomplished that goal, and the Nation can
do no less to end homelessness among the Nation's veterans.
(b) Homeless Veteran Defined.--In this Act, 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)).
SEC. 3. NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS.
(a) National Goal.--Congress hereby declares it to be a national
goal to end homelessness among veterans within a decade.
(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, and individuals to work
cooperatively to end homelessness among veterans within a decade.
SEC. 4. ADVISORY COMMITTEE ON HOMELESS VETERANS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 546. Advisory Committee on Homeless Veterans
``(a)(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--
``(A) the Secretary of Labor (or a representative of the
Secretary selected after consultation with the Assistant
Secretary of Labor for Veterans' Employment and Training);
``(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); and
``(D) the Secretary of Housing and Urban Development (or a
representative of the Secretary).
``(4) The Secretary shall determine the terms of service and pay
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)(1) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the provision by the
Department of benefits and services to homeless veterans.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review information relating to the needs
of homeless veterans;
``(ii) provide an on-going assessment of the effectiveness
of the policies, organizational structures, and services of the
Department in assisting homeless veterans; and
``(iii) 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, whether directly or by contract, in order to define
cross-cutting issues and to improve coordination of all
services in the Department that address the special needs of
homeless veterans;
``(B) identify (through annual assessments under section
1774 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 enhanced liaison by the
Department with nongovernmental organizations and individual
groups addressing 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)(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 during the preceding year.
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, including the
evaluation of outreach activities required under paragraph (2);
``(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)(A) The Committee shall include in each report under paragraph
(1) an evaluation of the outreach activities of the Department with
respect to homeless veterans, including outreach regarding clinical
issues and outreach regarding other benefits.
``(B) The Committee shall conduct each evaluation under this
paragraph in consultation with the Under Secretary for Benefits, the
Under Secretary for Health, the Readjustment Counseling Service, the
Director of Homeless Veterans Programs, and the Mental Health Strategic
Health Care Group.
``(C) In including an evaluation under this paragraph in a report
under paragraph (1), the Committee shall set forth in the report the
following:
``(i) The results of the evaluation.
``(ii) Any recommendations that the Committee considers
appropriate to improve the outreach activities of the
Department with respect to homeless veterans, including
recommendations for enhanced interagency cooperation and
enhanced cooperation between the Department and appropriate
community organizations and recommendations for additional
activities to complement, supplement, or otherwise eliminate
deficiencies in the outreach activities.
``(3) 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.
``(4) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(5) The Secretary shall include with each annual report submitted
to 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)(1) Except as provided in paragraph (2), the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``546. Advisory Committee on Homeless Veterans.''.
SEC. 5. MEETINGS OF INTERAGENCY COUNCIL ON THE 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. 6. EVALUATION OF PROGRAMS AND ACTIVITIES REGARDING HOMELESS
VETERANS.
(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 that address homeless
veterans.
(b) Annual Report on Processing of Benefits Claims.--The Secretary
shall submit to Congress on an annual basis a report on the programs
and activities of the Veterans Benefits Administration in processing of
claims for benefits of homeless veterans during the preceding year.
Each report shall include, for the year covered by such report, 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) Any other information that the Secretary considers
appropriate.
(c) Annual Report on Health Care.--The Secretary shall submit to
Congress on an annual basis a report on programs of the Department
addressing health care needs of homeless veterans. The Secretary shall
include in each such report the following:
(1) Information about expenditures, costs, and workload
under the Department of Veterans Affairs program known as the
Health Care for Homeless Veterans program (HCHV).
(2) Information about the veterans contacted through the
program.
(3) Information about processes under the program.
(4) Information about program treatment outcomes under the
program.
(5) Other information the Secretary considers relevant in
assessing the program.
(6) Information about supported housing programs.
(7) Information about the grant and per diem provider
program of the Department.
(d) Annual Program Assessment.--Section 1774(b) of title 38, United
States Code, is amended--
(1) in paragraph (1), by inserting ``annual'' 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 such
assessments into an annual report which the Secretary shall submit to
Congress.''.
SEC. 7. PER DIEM PAYMENTS FOR FURNISHING SERVICES TO HOMELESS VETERANS.
(a) Increase in Rate of Per Diem Payments.--Section 4(a) of the
Homeless Veterans Comprehensive Service Programs Act of 1992 (38 U.S.C.
7721 note) is amended by striking ``at such rates'' and all that
follows through ``homeless veteran--'' and inserting the following:
``at the same rates as the rates authorized for State homes for
domiciliary care provided under section 1741 of title 38, United States
Code, for services furnished to homeless veterans--''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.
SEC. 8. DENTAL CARE FOR HOMELESS VETERANS.
Section 1712(a)(1)(H)(ii) of title 38, United States Code, is
amended by inserting ``(including a homeless veteran)'' after ``for a
veteran''.
SEC. 9. PROGRAMMATIC EXPANSIONS.
(a) Transitional Housing.--Effective October 1, 2001, section 12 of
the Homeless Veterans Comprehensive Service Programs Act of 1992 (38
U.S.C. 7721 note) is amended to read as follows:
``SEC. 12. FUNDING.
``(a) Amounts for Grant and Per Diem Programs.--From amounts
appropriated for `Medical Care' for any fiscal year, the Secretary may
expend not more than $55,000,000 (as adjusted from time to time under
subsection (b)) to carry out the transitional housing grant and per
diem provider programs under sections 3 and 4 of this Act.
``(b) Periodic Increases.--The amount in effect under subsection
(a) shall be increased for any fiscal year by the overall percentage
increase in the Medical Care account for that fiscal year over the
preceding fiscal year.''.
(b) Comprehensive Homeless Services Program.--(1)(A) The Secretary
of Veterans Affairs shall provide for the establishment of not less
than five additional centers for the provision of comprehensive
services to homeless veterans under section 1773(b) of title 38, United
States Code.
(B) In establishing additional centers under this paragraph, the
Secretary shall take into account the particular needs of homeless
veterans in each metropolitan area in which the Secretary proposes to
establish a center.
(C) The Secretary shall ensure that the services provided to
homeless veterans at each center established under this paragraph are
tailored to the needs of homeless veterans in the metropolitan area in
which such center is established.
(2) Section 1773(b) of title 38, United States Code, is amended by
striking ``not fewer than eight''.
(c) Program Expiration Extension.--Sections 1771(b) and 1773(d) of
title 38, United States Code, are amended by striking ``December 31,
2001'' and inserting ``December 31, 2006''.
SEC. 10. VARIOUS AUTHORITIES.
(a) Employment Programs.--The Secretary of Veterans Affairs may
authorize homeless veterans receiving care through vocational
rehabilitation programs to participate in the compensated work therapy
program.
(b) Supported Housing for Veterans Participating in Compensated
Work Therapies.--(1) The Secretary may authorize homeless veterans in
the compensated work therapy program to be provided housing through the
therapeutic residence program under section 1772 of title 38, United
States Code, or through grant and per diem providers.
(2) As used in this subsection, the term ``grant and per diem
provider'' means an entity in receipt of a grant under section 3 or 4
of the Homeless Veterans Comprehensive Service Programs Act of 1992 (38
U.S.C. 7721 note).
(c) Report on Assignment of Homeless Coordinators at VBA Regional
Offices.--(1) Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives a report on the
assignment of Homeless Coordinators at the Regional Offices of the
Veterans Benefits Administration.
(2) The report shall include the following:
(A) A list of the Regional Offices of the Veterans Benefits
Administration for which Homeless Coordinators have been
assigned.
(B) A description of the manner in which each Regional
Office listed under subparagraph (A) staffs the assignment,
whether as a collateral hire, by rotation of staff, or by a
full-time employee, including the caseload of the position and
the amount of time spent on the caseload by each employee
assigned to fulfill the duties of the position.
(C) In the case of any Regional Offices for which no
Homeless Coordinator has been assigned, a description of the
manner in which such Regional Office addresses matters relating
to homeless veterans.
(D) An evaluation of the demand for services of Homeless
Coordinators in the various Regional Offices, including a
statement of the Regional Offices which have the greatest
demand for such services.
(d) Coordination of Employment Services.--(1) Section 4103A(c) of
title 38, United States Code, is amended by adding at the end the
following new paragraph:
``(11) Coordination of services provided to veterans with
training assistance provided to veterans by entities receiving
financial assistance under section 738 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11448).''.
(2) Section 4104(b) of such title is amended--
(A) by striking ``and'' at the end of paragraph (11);
(B) by striking the period at the end of paragraph (12) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(13) coordinate services provided to veterans with
training assistance for veterans provided by entities receiving
financial assistance under section 738 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11448).''.
SEC. 11. LIFE SAFETY CODE FOR GRANT AND PER DIEM PROVIDERS.
(a) New Grants.--Section 3(b)(5) of the Homeless Veterans
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) is
amended by striking ``, but fire and safety'' and all that follows
through ``in carrying out the grant'' and inserting ``and the fire and
safety requirements applicable under the Life Safety Code of the
National Fire Protection Association''.
(b) Previous Grantees.--Section 4 of such Act is amended by adding
at the end the following new subsection:
``(e) Life Safety Code.--(1) Except as provided in paragraph (2), a
per diem payment (or in-kind assistance in lieu of per diem payments)
may not be provided under this section to a grant recipient unless the
facilities of the grant recipient meet the fire and safety requirements
applicable under the Life Safety Code of the National Fire Protection
Association.
``(2) During the five-year period beginning on the date of the
enactment of the Heather French Henry Homeless Veterans Assistance Act,
paragraph (1) shall not apply to an entity that received a grant under
section 3 before that date if the entity meets fire and safety
requirements established by the Secretary.
``(3) From amounts available for purposes of this section pursuant
to section 12, 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.''.
SEC. 12. ASSISTANCE FOR GRANT APPLICATIONS.
(a) Grant Program.--The Secretary of Veterans Affairs shall carry
out a program to make technical assistance grants to nonprofit
community-based groups with experience in providing assistance to
homeless veterans in order to assist such groups in applying for grants
relating to addressing problems of homeless veterans.
(b) Funding.--There is authorized to be appropriated to the
Secretary of Veterans Affairs for each of fiscal years 2002 through
2006, $750,000 to carry out the program under this section.
SEC. 13. EXTENSION OF HOMELESS VETERANS REINTEGRATION PROGRAM.
Section 4111(d)(1) of title 38, United States Code, is amended by
striking subparagraphs (C) and (D) and inserting the following:
``(C) $50,000,000 for fiscal year 2002.
``(D) $50,000,000 for fiscal year 2003.
``(E) $50,000,000 for fiscal year 2004.
``(F) $50,000,000 for fiscal year 2005.
``(G) $50,000,000 for fiscal year 2006.''.
Passed the Senate November 15, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 739
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve programs for homeless
veterans, and for other purposes.