[107th Congress Public Law 95]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ095.107]
[[Page 115 STAT. 903]]
Public Law 107-95
107th Congress
An Act
To amend title 38, United States Code, to revise, improve, and
consolidate provisions of law providing benefits and services for
homeless veterans. <<NOTE: Dec. 21, 2001 - [H.R. 2716]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Homeless
Veterans Comprehensive Assistance Act of 2001.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) Short Title.--This Act <<NOTE: 38 USC 101 note.>> 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. <<NOTE: 38 USC 2001 note.>>
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. <<NOTE: 38 USC 2001 note.>> 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.
[[Page 115 STAT. 904]]
(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. <<NOTE: 38 USC 2001 note.>> 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.
[[Page 115 STAT. 905]]
``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
[[Page 115 STAT. 906]]
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) <<NOTE: Expiration date.>> The authority of the Secretary to
make grants under this section expires on September 30, 2005.
``(b) Criteria <<NOTE: Federal Register, publication.>> 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
[[Page 115 STAT. 907]]
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:
[[Page 115 STAT. 908]]
``(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.
[[Page 115 STAT. 909]]
``(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
[[Page 115 STAT. 910]]
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.
[[Page 115 STAT. 911]]
``(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 <<NOTE: Deadlines.>> 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
[[Page 115 STAT. 912]]
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--
[[Page 115 STAT. 913]]
``(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
[[Page 115 STAT. 914]]
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 <<NOTE: Applicability.>> 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 <<NOTE: Deadline.>> 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
[[Page 115 STAT. 915]]
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.
[[Page 115 STAT. 916]]
``(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--
[[Page 115 STAT. 917]]
``(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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
[[Page 115 STAT. 918]]
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:
``20. Benefits for Homeless Veterans.............................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
[[Page 115 STAT. 919]]
(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 <<NOTE: 38 USC 2001 note.>> 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 <<NOTE: 38 USC 2061 note.>> 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 <<NOTE: Deadline.>> 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.''.
[[Page 115 STAT. 920]]
(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 <<NOTE: Applicability. 38 USC 8162 note.>> 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.''.
[[Page 115 STAT. 921]]
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
[[Page 115 STAT. 922]]
or in such amounts as are or have been provided in
appropriation Acts for such fiscal year for incremental
rental assistance under this subsection.''.
Approved December 21, 2001.
LEGISLATIVE HISTORY--H.R. 2716 (S. 739):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-241, Pt. 1 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 107-82 accompanying S. 739 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 16, considered and passed House.
Dec. 6, considered and passed Senate, amended.
Dec. 11, House concurred in Senate amendment.
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