38 USC PART II, CHAPTER 20, SUBCHAPTER II: COMPREHENSIVE SERVICE PROGRAMS

From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITSCHAPTER 20—BENEFITS FOR HOMELESS VETERANS

SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS

§2011. Grants

(a) Authority To Make Grants.—Subject to the availability of appropriations provided for such purpose, the Secretary shall make grants to assist eligible entities in establishing programs to furnish, and expanding or modifying existing programs for furnishing, the following to homeless veterans:

(1) Outreach.

(2) Rehabilitative services.

(3) Vocational counseling and training.

(4) Transitional housing assistance.

(b) Criteria for Grants.—The Secretary shall establish criteria and requirements for grants under this section, including criteria for entities eligible to receive grants, and shall publish such criteria and requirements in the Federal Register. The criteria established under this subsection shall include the following:

(1) Specification as to the kinds of projects for which grants are available, which shall include—

(A) new construction of facilities, expansion, remodeling, or alteration of existing facilities, 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).

(2)(A) The Secretary may not deny an application from an entity that seeks a grant under this section to carry out a project described in subsection (b)(1)(A) solely on the basis that the entity proposes to use funding from other private or public sources, if the entity demonstrates that a private nonprofit organization will provide oversight and site control for the project.

(B) In this paragraph, the term "private nonprofit organization" means the following:

(i) An incorporated private institution, organization, or foundation—

(I) that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986;

(II) for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and

(III) that the Secretary determines is financially responsible.

(ii) A for-profit limited partnership or limited liability company, the sole general partner or manager of which is an organization that is described by subclauses (I) through (III) of clause (i).

(iii) A corporation wholly owned and controlled by an organization that is described by subclauses (I) through (III) of clause (i).

(d) Eligible Entities.—The Secretary may make a grant under this section to an entity applying for such a grant only if the applicant for the grant—

(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;

(2) demonstrates that adequate financial support will be available to carry out the project for which the grant is sought consistent with the plans, specifications, and schedule submitted by the applicant; and

(3) agrees to meet the applicable criteria and requirements established under subsections (b) and (g) and has, as determined by the Secretary, the capacity to meet such criteria and requirements.

(e) Application Requirement.—An entity seeking a grant for a project under this section shall submit to the Secretary an application for the grant. The application shall set forth the following:

(1) The amount of the grant sought for the project.

(2) A description of the site for the project.

(3) Plans, specifications, and the schedule for implementation of the project in accordance with criteria and requirements prescribed by the Secretary under subsection (b).

(4) Reasonable assurance that upon completion of the work for which the grant is sought, the project will become operational and the facilities will be used principally to provide to veterans the services for which the project was designed, and that not more than 25 percent of the services provided under the project will be provided to individuals who are not veterans.

(f) Program Requirements.—The Secretary may not make a grant for a project to an applicant under this section unless the applicant in the application for the grant agrees to each of the following requirements:

(1) To provide the services for which the grant is made at locations accessible to homeless veterans.

(2) To maintain referral networks for homeless veterans for establishing eligibility for assistance and obtaining services, under available entitlement and assistance programs, and to aid such veterans in establishing eligibility for and obtaining such services.

(3) To ensure the confidentiality of records maintained on homeless veterans receiving services through the project.

(4) To establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant and to such payments as may be made under section 2012 of this title.

(5) To seek to employ homeless veterans and formerly homeless veterans in positions created for purposes of the grant for which those veterans are qualified.

(g) Service Center Requirements.—In addition to criteria and requirements established under subsection (b), in the case of an application for a grant under this section for a service center for homeless veterans, the Secretary shall require each of the following:

(1) That such center provide services to homeless veterans during such hours as the Secretary may specify and be open to such veterans on an as-needed, unscheduled basis.

(2) That space at such center be made available, as mutually agreeable, for use by staff of the Department of Veterans Affairs, the Department of Labor, and other appropriate agencies and organizations in assisting homeless veterans served by such center.

(3) That such center be equipped and staffed to provide or to assist in providing health care, mental health services, hygiene facilities, benefits and employment counseling, meals, transportation assistance, and such other services as the Secretary determines necessary.

(4) That such center be equipped and staffed to provide, or to assist in providing, job training, counseling, and placement services (including job readiness and literacy and skills training), as well as any outreach and case management services that may be necessary to carry out this paragraph.

(h) Recovery of Unused Grant Funds.—(1) If a grant recipient under this section does not establish a program in accordance with this section or ceases to furnish services under such a program for which the grant was made, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient in connection with such program.

(2) Any amount recovered by the United States under paragraph (1) may be obligated by the Secretary without fiscal year limitation to carry out provisions of this subchapter.

(3) An amount may not be recovered under paragraph (1) as an unused grant amount before the end of the three-year period beginning on the date on which the grant is made.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 906; amended Pub. L. 109–444, §§2(b), 8(a)(4), Dec. 21, 2006, 120 Stat. 3304, 3313; Pub. L. 109–461, title VII, §703(a), title X, §§1004(a)(4), 1006(b), Dec. 22, 2006, 120 Stat. 3440, 3465, 3468; Pub. L. 112–154, title III, §301(a), Aug. 6, 2012, 126 Stat. 1182; Pub. L. 117–328, div. U, title III, §301(a)(1), Dec. 29, 2022, 136 Stat. 5466.)

Editorial Notes

References in Text

Section 501(c) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3)(B)(i)(I), is classified to section 501(c) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 2011 was renumbered section 4211 of this title.

Another prior section 2011 was renumbered section 4102 of this title.

Amendments

2022—Subsec. (c)(2), (3). Pub. L. 117–328 redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The amount of a grant under this section may not exceed 65 percent of the estimated cost of the project concerned."

2012—Subsec. (b)(1)(A). Pub. L. 112–154, §301(a)(1), substituted "new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities," for "expansion, remodeling, or alteration of existing buildings, or acquisition of facilities,".

Subsec. (c). Pub. L. 112–154, §301(a)(2), designated first sentence as par. (1) and second sentence as par. (2) and added par. (3).

2006—Subsec. (a). Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, §1004(a)(4), which directed insertion of a period at end of subpar. (C) of par. (1), was executed to par. (3) to reflect the probable intent of Congress and the redesignation of par. (1)(C) as (3) by Pub. L. 109–461, §703(a). See below.

Pub. L. 109–461, §703(a), struck out par. (1) designation before "Subject", redesignated subpars. (A) to (D) of former par. (1) as pars. (1) to (4), respectively, and struck out former par. (2), which read as follows: "The authority of the Secretary to make grants under this section expires on September 30, 2005."

Pub. L. 109–444, §8(a)(4), which inserted period at end of subpar. (C) of par. (1), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (a)(2). Pub. L. 109–444, §2(b), which substituted "September 30, 2007" for "September 30, 2005", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title III, §301(a)(2), Dec. 29, 2022, 136 Stat. 5466, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to any grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act [Dec. 29, 2022]."

Determination of Amount of Grant

Pub. L. 117–328, div. U, title III, §301(a)(3), Dec. 29, 2022, 136 Stat. 5466, provided that: "On or after the date that is five years after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs may determine the maximum amount of a grant under section 2011 of title 38, United States Code, which shall be not less than 70 percent of the estimated cost of the project concerned."

Elimination of Property Disposition Requirements

Pub. L. 117–328, div. U, title III, §301(b)(1), Dec. 29, 2022, 136 Stat. 5466, provided that: "A recipient of a grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act [Dec. 29, 2022] for a project described in subsection (b)(1) of such section shall not be subject to any real property or equipment disposition requirements relating to the grant under section 61.67 of title 38, Code of Federal Regulations, sections 200.311(c) and 200.313(e) of title 2, Code of Federal Regulations, or successor regulations."

Flexibility for the Secretary of Veterans Affairs in Caring for Homeless Veterans During a Covered Public Health Emergency

Pub. L. 116–315, title IV, §4201, Jan. 5, 2021, 134 Stat. 5008, as amended by Pub. L. 117–328, div. U, title III, §301(a)(4), (b)(2), Dec. 29, 2022, 136 Stat. 5466, provided that:

"(a) General Support.—

"(1) Use of funds.—During a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, 2031, and 2061 of title 38, United States Code, to provide to homeless veterans and veterans participating in the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as 'HUD-VASH'), as the Secretary determines is needed, the following:

"(A) Assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items).

"(B) Transportation required to support stability and health (such as for appointments with service providers, conducting housing searches, and obtaining food and supplies).

"(C) Communications equipment and services (such as tablets, smartphones, disposable phones, and related service plans) required to support stability and health (such as maintaining contact with service providers, prospective landlords, and family).

"(D) Such other assistance as the Secretary determines is needed.

"(2) Homeless veterans on land of the department.—

"(A) Collaboration.—During a covered public health emergency, to the extent possible, the Secretary may collaborate with one or more organizations to manage use of land of the Department for homeless veterans for living and sleeping.

"(B) Elements.—Collaboration under subparagraph (A) may include the provision by either the Secretary or the organization of food services and security for property, buildings, and other facilities owned or controlled by the Department.

"(b) Grant and Per Diem Program.—

"(1) Limits on rates for per diem payments.—[Amended section 20013(b) of Pub. L. 116–136, set out as a note below.]

"(2) Modification of funding limits for grants.—

"(A) In general.—Subsection (c)(2) of section 2011 of title 38, United States Code, shall not apply to any grant awarded during a covered public health emergency under such section for a project described in subsection (b)(1) of such section.

"(B) Sunset.—Subparagraph (A) shall cease to be effective on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 [Dec. 29, 2022].

"(3) Use of per diem payments.—During a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the 'program') may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items) for—

"(A) homeless veterans; and

"(B) formerly homeless veterans residing in a facility operated wholly or in part by such a recipient or eligible entity receiving per diem payments under section 2012 of such title.

"(4) Additional transitional housing.—

"(A) In general.—During a covered public health emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans.

"(B) Notice; competition; period of performance.—The Secretary may provide amounts under subparagraph (A)—

"(i) without notice or competition; and

"(ii) for a period of performance determined by the Secretary.

"(5) Inspections and life safety code requirements.—

"(A) In general.—During a covered public health emergency, the Secretary may waive any requirement under subsection (b) or (c) of section 2012 of title 38, United States Code, in order to allow the recipient of a grant or an eligible entity under the program—

"(i) to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation;

"(ii) to facilitate social distancing or isolation needs; or

"(iii) to facilitate activation or continuation of a program for which a grant has been awarded.

"(B) Limitation.—The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements.

"(6) Disposition of property relating to grants.—

"(A) In general.—During a covered public health emergency, if the recipient of a grant awarded before or during such emergency under section 2011 of title 38, United States Code, for a project described in subsection (b)(1) of such section is no longer providing services in accordance with the terms of the grant, the recipient shall not be subject during such emergency to any property disposition requirements relating to the grant under subsection (c) or (f) of section 61.67 of title 38, Code of Federal Regulations, section 200.311(c) of title 2, Code of Federal Regulations, or successor regulations.

"(c) Inspection and Life Safety Code Requirements for Therapeutic Housing.—

"(1) In general.—During a covered public health emergency, the Secretary may waive any inspection or life safety code requirement under subsection (c) of section 2032 of title 38, United States Code—

"(A) to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation;

"(B) to facilitate social distancing or isolation needs; or

"(C) to facilitate the operation of housing under such section.

"(2) Limitation.—The Secretary may waive a requirement pursuant to the authority provided by paragraph (1) with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements.

"(d) Access to Department of Veterans Affairs Telehealth Services.—To the extent practicable, during a covered public health emergency, the Secretary shall ensure that veterans participating in or receiving services from a program under chapter 20 of title 38, United States Code, have access to telehealth services to which such veterans are eligible under the laws administered by the Secretary, including by ensuring that telehealth capabilities are available to—

"(1) such veterans;

"(2) case managers of the Department of programs for homeless veterans authorized under such chapter; and

"(3) community-based service providers for homeless veterans receiving funds from the Department through grants or contracts.

"(e) Definitions.—In this section:

"(1) Covered public health emergency.—The term 'covered public health emergency' means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.

"(2) Homeless veteran; veteran.—The terms 'homeless veteran' and 'veteran' have the meanings given those terms in section 2002 of title 38, United States Code.

"(3) Telehealth.—

"(A) In general.—The term 'telehealth' means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration.

"(B) Technologies.—For purposes of subparagraph (A), 'telecommunications technologies' include video conferencing, the internet, streaming media, and terrestrial and wireless communications."

Modifications to Comprehensive Service Programs for Homeless Veterans During a Public Health Emergency

Pub. L. 116–136, div. B, title X, §20013, Mar. 27, 2020, 134 Stat. 589, as amended by Pub. L. 116–260, div. J, title V, §516, Dec. 27, 2020, 134 Stat. 1690; Pub. L. 116–315, title IV, §4201(b)(1), Jan. 5, 2021, 134 Stat. 5008; Pub. L. 117–328, div. U, title III, §305(b)(3), Dec. 29, 2022, 136 Stat. 5472, provided that:

"(a) Rule of Construction.—In the case of a public health emergency, no authorization of appropriations in section 2016 of title 38, United States Code, may be construed as limiting amounts that may be appropriated for carrying out subchapter II of chapter 20 of such title.

"(b) Grants and Per Diem Payments.—(1) In the case of a public health emergency, the Secretary of Veterans Affairs may waive any limits on—

"(A) grant amounts under sections 2011 and 2061 of title 38, United States Code; and

"(B) rates for per diem payments under sections 2012 and 2061 of such title.

"(2) If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title.

"(c) Participant Absence.—Notwithstanding Veterans Health Administration Handbook 1162.01(1), dated July 12, 2013, and amended June 30, 2014, and titled 'Grant and Per Diem (GPD) Program', or any other provision of law, for the duration of a public health emergency, the Secretary—

"(1) shall waive any requirement to discharge a veteran from the grant and per diem program of the Veterans Health Administration after the veteran is absent for 14 days; and

"(2) may continue to pay per diem to grant recipients and eligible entities under the program for any additional days of absence when a veteran has already been absent for more than 72 hours."

[Pub. L. 116–260, div. J, title V, §516, and Pub. L. 116–315, title IV, §4201(b)(1), made identical amendments to section 20013(b) of Pub. L. 116–136, set out above.]

[For definition of "public health emergency" as used in section 20013 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.]

Requirement for Department of Veterans Affairs To Assess Comprehensive Service Programs for Homeless Veterans

Pub. L. 114–315, title VII, §714, Dec. 16, 2016, 130 Stat. 1588, provided that:

"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall—

"(1) assess and measure the capacity of programs for which entities receive grants under section 2011 of title 38, United States Code, or per diem payments under section 2012 or 2061 of such title; and

"(2) assess such programs with respect to—

"(A) how well they achieve their stated goals at a national level;

"(B) placements in permanent housing;

"(C) placements in employment; and

"(D) increases in the regular income of participants in the programs.

"(b) Assessment at National and Local Levels.—In assessing and measuring under subsection (a)(1), the Secretary shall develop and use tools to examine the capacity of programs described in such subsection at both the national and local level in order to assess the following:

"(1) Whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area.

"(2) Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area.

"(3) The amount of capacity that recipients of grants under sections 2011 and 2061 and per diem payments under section 2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 2012(a)(2)(B)(ii) of title 38, United States Code, as added by section 711(6).

"(c) Consideration of Other Resources.—In assessing and measuring programs under subsection (a)(1), the Secretary shall consider the availability to such programs of resources made available to such programs and to homeless veterans, including resources provided by the Department of Veterans Affairs and by entities other than the Department.

"(d) Use of Information.—The Secretary shall use the information collected under this section as follows:

"(1) To set specific goals to ensure that programs described in subsection (a) are effectively serving the needs of homeless veterans.

"(2) To assess whether programs described in subsection (a) are meeting goals set under paragraph (1).

"(3) To inform funding allocations for programs described in subsection (a).

"(4) To improve the referral of homeless veterans to programs described in subsection (a).

"(e) Report.—Not later than 180 days after the date on which the assessment required by subsection (a) is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such assessment and such recommendations for legislative and administrative action as the Secretary may have to improve the programs and per diem payments described in subsection (a)."

Grant and Per Diem Payments

Pub. L. 112–154, title III, §301(b), Aug. 6, 2012, 126 Stat. 1183, provided that:

"(1) Study and development of fiscal controls and payment method.—Not later than one year after the date of the enactment of this Act [Aug. 6, 2012], the Secretary of Veterans Affairs shall—

"(A) complete a study of all matters relating to the method used by the Secretary to make per diem payments under section 2012(a) of title 38, United States Code, including changes anticipated by the Secretary in the cost of furnishing services to homeless veterans and accounting for costs of providing such services in various geographic areas;

"(B) develop more effective and efficient procedures for fiscal control and fund accounting by recipients of grants under sections 2011, 2012, and 2061 of such title; and

"(C) develop a more effective and efficient method for adequately reimbursing recipients of grants under section 2011 of such title for services furnished to homeless veterans.

"(2) Consideration.—In developing the method required by paragraph (1)(C), the Secretary may consider payments and grants received by recipients of grants described in such paragraph from other departments and agencies of Federal and local governments and from private entities.

"(3) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on—

"(A) the findings of the Secretary with respect to the study required by subparagraph (A) of paragraph (1);

"(B) the methods developed under subparagraphs (B) and (C) of such paragraph; and

"(C) any recommendations of the Secretary for revising the method described in subparagraph (A) of such paragraph and any legislative action the Secretary considers necessary to implement such method."

Continuation of Authority

Pub. L. 109–114, title II, §230, Nov. 30, 2005, 119 Stat. 2393, provided that: "The authority provided by section 2011 of title 38, United States Code, shall continue in effect through September 30, 2006."

§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)(i) Except as otherwise provided in subparagraph (B), 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 clause (ii).

(ii)(I) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under clause (i) to exclude other sources of income described in subclause (III) that the grant recipient or eligible entity certifies to be correct.

(II) 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 subclause (I).

(III) The other sources of income referred to in subclauses (I) and (II) 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.

(iii) For purposes of calculating the rate for per diem payments under clause (i), in the case of a homeless veteran who has care of a minor dependent while receiving services from the grant recipient or eligible entity, the daily cost of care of the homeless veteran shall be the sum of the daily cost of care of the homeless veteran determined under clause (i) plus, for each such minor dependent, an amount that equals 50 percent of such daily cost of care.

(B)(i)(I) Except as provided in clause (ii), and subject to the availability of appropriations, the Secretary may adjust the rate for per diem payments under this paragraph, as the Secretary considers appropriate.

(II) Any adjustment made under this clause—

(aa) may not result in a rate that—

(AA) is lower than the rate in effect under this paragraph as in effect immediately preceding the date of the enactment of the Navy SEAL Bill Mulder Act of 2020; or

(BB) exceeds the rate that is 115 percent of 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; and

(bb) may be determined on the basis of locality.

(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of 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.

(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) ¹ before that date if the entity meets fire and safety requirements established by the Secretary.

(3) From amounts available for purposes of this section, not less than $5,000,000 shall be used only for grants to assist entities covered by paragraph (2) in meeting the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.

(d) Per Diem Payments to Nonconforming Entities.—(1) The Secretary may make funds available for per diem payments under this section to the following grant recipients or eligible entities:

(A) Grant recipients or eligible entities that—

(i) meet each of the transitional and supportive services criteria prescribed by the Secretary pursuant to subsection (a)(1); and

(ii) furnish services to homeless individuals, of which less than 75 percent are veterans.

(B) Grant recipients or eligible entities that—

(i) meet at least one, but not all, of the transitional and supportive services criteria prescribed by the Secretary pursuant to subsection (a)(1); and

(ii) furnish services to homeless individuals, of which not less than 75 percent are veterans.

(i) meet at least one, but not all, of the transitional and supportive services criteria prescribed by the Secretary pursuant to subsection (a)(1); and

(ii) furnish services to homeless individuals, of which less than 75 percent are veterans.

(2) Notwithstanding subsection (a)(2), in providing per diem payments under this subsection, the Secretary shall determine the rate of such per diem payments in accordance with the following order of priority:

(A) Grant recipients or eligible entities described by paragraph (1)(A).

(B) Grant recipients or eligible entities described by paragraph (1)(B).

(3) For purposes of this subsection, an eligible entity is a nonprofit entity and may be an entity that is ineligible to receive a grant under section 2011 of this title, but whom the Secretary determines carries out the purposes described in that section.

(e) Reimbursement of Entities for Certain Fees.—The Secretary may reimburse a recipient of a grant under section 2011, 2013, or 2061 of this title or a recipient of per diem payments under this section for fees charged to that grant or per diem payment recipient for the use of the homeless management information system described in section 402(f) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f))—

(1) in amounts the Secretary determines to be reasonable; and

(2) if the Secretary determines that the grant or per diem payment recipient is unable to obtain information contained in such system through other means and at no cost to the grant or per diem payment recipient.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 908; amended Pub. L. 111–163, title VII, §701, May 5, 2010, 124 Stat. 1174; Pub. L. 114–315, title VII, §711, Dec. 16, 2016, 130 Stat. 1586; Pub. L. 116–315, title IV, §4204, Jan. 5, 2021, 134 Stat. 5013.)

Editorial Notes

References in Text

The date of the enactment of the Navy SEAL Bill Mulder Act of 2020, referred to in subsec. (a)(2)(B)(i)(II)(aa)(AA), is the date of enactment of title IV of Pub. L. 116–315, which was approved Jan. 5, 2021.

The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 107–95, which was approved Dec. 21, 2001.

Section 3 of the Homeless Veterans Comprehensive Service Programs Act of 1992, referred to in subsec. (c)(2), is section 3 of Pub. L. 102–590, Nov. 10, 1992, 106 Stat. 5136, which was set out in a note under former section 7721 of this title, which note was repealed and restated in sections 2011 and 2012 of this title by Pub. L. 107–95, §5(a)(1), (e)(1), Dec. 21, 2001, 115 Stat. 906, 918. Section 7721 of this title was repealed by Pub. L. 109–233, title IV, §402(c), June 15, 2006, 120 Stat. 411.

Prior Provisions

A prior section 2012 was renumbered section 4212 of this title.

Another prior section 2012 was renumbered section 4103 of this title.

Amendments

2021—Subsec. (a)(2). Pub. L. 116–315, §4204(a), amended par. (2) generally. Prior to amendment, text read as follows:

"(2)(A) Except as otherwise provided in subparagraph (B), 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 (C).

"(B)(i) Except as provided in clause (ii), 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.

"(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of 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.

"(C) 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 (E) that the grant recipient or eligible entity certifies to be correct.

"(D) 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 (C).

"(E) The other sources of income referred to in subparagraphs (C) and (D) 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."

Subsec. (e). Pub. L. 116–315, §4204(b), added subsec. (e).

2016—Subsec. (a)(2)(A). Pub. L. 114–315, §711(5), substituted "Except as otherwise provided in subparagraph (B), the rate" for "The rate" and "under subparagraph (C)." for "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."

Subsec. (a)(2)(B). Pub. L. 114–315, §711(6), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(2)(C). Pub. L. 114–315, §711(1), (2), redesignated subpar. (B) as (C) and substituted "in subparagraph (E)" for "in subparagraph (D)". Former subpar. (C) redesignated (D).

Subsec. (a)(2)(D). Pub. L. 114–315, §711(1), (3), redesignated subpar. (C) as (D) and substituted "under subparagraph (C)" for "under subparagraph (B)". Former subpar. (D) redesignated (E).

Subsec. (a)(2)(E). Pub. L. 114–315, §711(1), (4), redesignated subpar. (D) as (E) and substituted "in subparagraphs (C) and (D)" for "in subparagraphs (B) and (C)".

2010—Subsec. (d). Pub. L. 111–163 added subsec. (d).

¹ See References in Text note below.

§2013. Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless

(a) Program Required.—The Secretary shall carry out a program under which the Secretary shall provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless.

(b) Services.—Services provided under the program shall include services to assist veterans described in subsection (a) with navigating resources provided by the Federal Government and State, local, and Tribal governments.

(c) Staffing.—In geographic areas where individuals who meet the licensure and certification requirements to provide services under the program are in high demand as determined by the Secretary, such services may be provided through one or more individuals with a master's degree in social work who are undergoing training to meet such requirements, if such individuals are under the supervision of an individual who meets such requirements.

(d) Grants.—(1) The Secretary shall carry out the program through the award of grants.

(2)(A) In awarding grants under paragraph (1), the Secretary shall give priority to organizations that demonstrate a capability to provide case management services as described in subsection (a), particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of this title.

(B) In giving priority under subparagraph (A), the Secretary shall give extra priority to an organization described in such subparagraph that—

(i) voluntarily stops receiving amounts provided by the Secretary under sections 2012 and 2061 of this title; and

(ii) converts a facility that the organization used to provide transitional housing services into a facility that the organization uses to provide permanent housing that meets housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).

(C) In any case in which a facility, with respect to which a person received a grant for construction, rehabilitation, or acquisition under section 2011 of this title, is converted as described in subparagraph (B)(ii), such conversion shall be considered to have been carried out pursuant to the needs of the Department and such person shall not be considered in noncompliance with the terms of such grant by reason of such conversion.

(3) The Secretary shall require each recipient of a grant awarded under this subsection to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.

(Added Pub. L. 114–315, title VII, §712(a)(1)(B), Dec. 16, 2016, 130 Stat. 1586; amended Pub. L. 117–328, div. U, title III, §302, Dec. 29, 2022, 136 Stat. 5466.)

Editorial Notes

Prior Provisions

A prior section 2013 was renumbered section 2016 of this title.

Another prior section 2013 was renumbered section 4213 of this title.

Another prior section 2013 was renumbered section 4104 of this title.

Amendments

2022—Subsecs. (b) to (d). Pub. L. 117–328, §302(1), (2), added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

Subsec. (d)(3). Pub. L. 117–328, §302(3), added par. (3).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 114–315, title VII, §712(b), Dec. 16, 2016, 130 Stat. 1587, provided that: "Not later than 1 year after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall prescribe regulations to carry out section 2013 of such title [38 U.S.C. 2013], as added by subsection (a)(1)(B)."

§2014. Training and technical assistance for recipients of certain financial assistance

(a) In General.—The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, development, and provision of services for which the grant or payment is made.

(b) Provision of Training and Technical Assistance.—The Secretary may provide training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

(Added Pub. L. 117–328, div. U, title III, §305(b)(1)(B), Dec. 29, 2022, 136 Stat. 5471.)

Editorial Notes

Prior Provisions

A prior section 2014 was renumbered section 2016 of this title.

Another prior section 2014 was renumbered section 4214 of this title.

Another prior section 2014 was renumbered section 4105 of this title.

Statutory Notes and Related Subsidiaries

Use of Amounts

Pub. L. 117–328, div. U, title III, §305(b)(2), Dec. 29, 2022, 136 Stat. 5472, provided that: "The Secretary of Veterans Affairs shall provide training and technical assistance under sections 2014 and 2015 of such title [meaning title 38, United States Code], as inserted by paragraph (1)(B), using amounts appropriated or otherwise made available to the Department of Veterans Affairs on or after the date of the enactment of this Act [Dec. 29, 2022]."

§2015. Training and technical assistance for entities regarding services provided to veterans at risk of, experiencing, or transitioning out of homelessness

(a) In General.—The Secretary shall provide training and technical assistance to entities serving veterans at risk of, experiencing, or transitioning out of homelessness regarding—

(1) the provision of such services to such veterans; and

(2) the planning and development of such services.

(b) Coordination.—The Secretary may coordinate the provision of training and technical assistance under subsection (a) with the Secretary of Housing and Urban Development and the Secretary of Labor.

(c) Elements.—The training and technical assistance provided under subsection (a) shall include coordination and communication of best practices among all programs administered by the Veterans Health Administration directed at serving veterans at risk of, experiencing, or transitioning out of homelessness.

(d) Provision of Training.—The Secretary may provide the training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

(Added Pub. L. 117–328, div. U, title III, §305(b)(1)(B), Dec. 29, 2022, 136 Stat. 5471.)

§2016. Authorization of appropriations

There is authorized to be appropriated to carry out this subchapter amounts as follows:

(1) $150,000,000 for each of fiscal years 2007 through 2009.

(2) $175,100,000 for fiscal year 2010.

(3) $217,700,000 for fiscal year 2011.

(4) $250,000,000 for fiscal year 2012.

(5) $250,000,000 for fiscal year 2013.

(6) $250,000,000 for fiscal year 2014.

(7) $257,700,000 for fiscal year 2015 and each subsequent fiscal year.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 909, §2013; amended Pub. L. 108–422, title I, §101, Nov. 30, 2004, 118 Stat. 2380; Pub. L. 109–461, title VII, §703(b), Dec. 22, 2006, 120 Stat. 3440; Pub. L. 110–387, title VI, §601, Oct. 10, 2008, 122 Stat. 4131; Pub. L. 112–37, §11, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, §305(a), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, §2(f)(1), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, §201, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–228, title IV, §407, Sept. 29, 2016, 130 Stat. 940; renumbered §2014, Pub. L. 114–315, title VII, §712(a)(1)(A), Dec. 16, 2016, 130 Stat. 1586; renumbered §2016, Pub. L. 117–328, div. U, title III, §305(b)(1)(A), Dec. 29, 2022, 136 Stat. 5471.)

Editorial Notes

Amendments

2022—Pub. L. 117–328 renumbered section 2014 of this title as this section.

2016—Pub. L. 114–315 renumbered section 2013 of this title as this section.

Par. (7). Pub. L. 114–228 substituted "$257,700,000" for "$250,000,000".

2014—Par. (7). Pub. L. 113–175 substituted "$250,000,000" for "$150,000,000".

2013—Pars. (6), (7). Pub. L. 113–37 added pars. (6) and (7) and struck out former par. (6) which read as follows: "$150,000,000 for fiscal year 2014 and each subsequent fiscal year."

2012—Pars. (5), (6). Pub. L. 112–154 added pars. (5) and (6) and struck out former par. (5) which read as follows: "$150,000,000 for fiscal year 2013 and each subsequent fiscal year."

2011—Pub. L. 112–37 substituted "subchapter amounts as follows:" for "subchapter $150,000,000 for fiscal year 2007 and each fiscal year thereafter." and added at end pars. (1) to (5).

2008—Pub. L. 110–387 substituted "$150,000,000" for "$130,000,000".

2006—Pub. L. 109–461 amended text generally. Prior to amendment, text read as follows: "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) $99,000,000 for fiscal year 2005."

2004—Par. (4). Pub. L. 108–422 substituted "$99,000,000" for "$75,000,000".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.