[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.