[USC02] 38 USC PART II, CHAPTER 20, SUBCHAPTER IV: TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS
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38 USC PART II, CHAPTER 20, SUBCHAPTER IV: TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS
From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITSCHAPTER 20—BENEFITS FOR HOMELESS VETERANS

SUBCHAPTER IV—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS

Amendments

2001Pub. L. 107–95, §5(b)(1), Dec. 21, 2001, 115 Stat. 918, redesignated subchapter VII of chapter 17 of this title as this subchapter.

§2031. General treatment

(a) In providing care and services under section 1710 of this title to veterans suffering from serious mental illness and to veterans who are homeless, the Secretary may provide (directly or in conjunction with a governmental or other entity)—

(1) outreach services;

(2) care, treatment, and rehabilitative services (directly or by contract in community-based treatment facilities, including halfway houses); and

(3) therapeutic transitional housing assistance under section 2032 of this title, in conjunction with work therapy under subsection (a) or (b) of section 1718 of this title and outpatient care.


(b) The authority of the Secretary under subsection (a) expires on September 30, 2020.

(Added Pub. L. 105–114, title II, §202(a), Nov. 21, 1997, 111 Stat. 2284, §1771; renumbered §2031 and amended Pub. L. 107–95, §5(b), (f), Dec. 21, 2001, 115 Stat. 918; Pub. L. 109–444, §2(c), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 109–461, title VII, §704(a), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3440, 3468; Pub. L. 112–37, §10(c), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, §302, Aug. 6, 2012, 126 Stat. 1184; Pub. L. 112–191, title II, §203, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, §9(a), Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, §204(a), Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, §307(a), Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, §308(a), Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, §307(a), Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, §144(a), Sept. 29, 2018, 132 Stat. 3170.)

Amendments

2018—Subsec. (b). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2019".

2017—Subsec. (b). Pub. L. 115–62 substituted "September 30, 2019" for "September 30, 2017".

2016—Subsec. (b). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".

2015—Subsec. (b). Pub. L. 114–58 substituted "September 30, 2016" for "September 30, 2015".

2014—Subsec. (b). Pub. L. 113–175 substituted "September 30, 2015" for "December 31, 2014".

2013—Subsec. (b). Pub. L. 113–59 substituted "December 31, 2014" for "December 31, 2013".

2012—Subsec. (a). Pub. L. 112–154 substituted "and to" for ", including" in introductory provisions.

Subsec. (b). Pub. L. 112–191 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (b). Pub. L. 112–37 substituted "December 31, 2012" for "December 31, 2011".

2006—Subsec. (b). 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, §704(a), substituted "December 31, 2011" for "December 31, 2006".

Pub. L. 109–444, which substituted "December 31, 2007" for "December 31, 2006", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2001Pub. L. 107–95, §5(b)(1), renumbered section 1771 of this title as this section.

Subsec. (a)(3). Pub. L. 107–95, §5(b)(2), substituted "section 2032 of this title" for "section 1772 of this title".

Subsec. (b). Pub. L. 107–95, §5(f), substituted "December 31, 2006" for "December 31, 2001".

§2032. Therapeutic housing

(a) The Secretary, in connection with the conduct of compensated work therapy programs, may operate residences and facilities as therapeutic housing.

(b) The Secretary may use such procurement procedures for the purchase, lease, or other acquisition of residential housing for purposes of this section as the Secretary considers appropriate to expedite the opening and operation of transitional housing and to protect the interests of the United States.

(c) A residence or other facility may be operated as transitional housing for veterans described in paragraphs (1) and (2) of section 1710(a) of this title under the following conditions:

(1) Only veterans described in those paragraphs and a house manager may reside in the residence or facility.

(2) Each resident, other than the house manager, shall be required to make payments that contribute to covering the expenses of board and the operational costs of the residence or facility for the period of residence in such housing.

(3) In order to foster the therapeutic and rehabilitative objectives of such housing (A) residents shall be prohibited from using alcohol or any controlled substance or item, (B) any resident violating that prohibition may be expelled from the residence or facility, and (C) each resident shall agree to undergo drug testing or such other measures as the Secretary shall prescribe to ensure compliance with that prohibition.

(4) In the establishment and operation of housing under this section, the Secretary shall consult with appropriate representatives of the community in which the housing is established and shall comply with zoning requirements, building permit requirements, and other similar requirements applicable to other real property used for similar purposes in the community.

(5) The residence or facility shall meet State and community fire and safety requirements applicable to other real property used for similar purposes in the community in which the transitional housing is located, but fire and safety requirements applicable to buildings of the Federal Government shall not apply to such property.


(d) The Secretary shall prescribe the qualifications for house managers for transitional housing units operated under this section. The Secretary may provide for free room and subsistence for a house manager in addition to, or instead of payment of, a fee for the services provided by the manager.

(e)(1) The Secretary may operate as transitional housing under this section—

(A) any suitable residential property acquired by the Secretary as the result of a default on a loan made, guaranteed, or insured under chapter 37 of this title;

(B) any suitable space in a facility under the jurisdiction of the Secretary that is no longer being used (i) to provide acute hospital care, or (ii) as housing for medical center employees; and

(C) any other suitable residential property purchased, leased, or otherwise acquired by the Secretary.


(2) In the case of any property referred to in paragraph (1)(A), the Secretary shall—

(A) transfer administrative jurisdiction over such property within the Department from the Veterans Benefits Administration to the Veterans Health Administration; and

(B) transfer from the General Post Fund to the Loan Guaranty Revolving Fund under chapter 37 of this title an amount (not to exceed the amount the Secretary paid for the property) representing the amount the Secretary considers could be obtained by sale of such property to a nonprofit organization or a State for use as a shelter for homeless veterans.


(3) In the case of any residential property obtained by the Secretary from the Department of Housing and Urban Development under this section, the amount paid by the Secretary to that Department for that property may not exceed the amount that the Secretary of Housing and Urban Development would charge for the sale of that property to a nonprofit organization or a State for use as a shelter for homeless persons. Funds for such charge shall be derived from the General Post Fund.

(f) The Secretary shall prescribe—

(1) a procedure for establishing reasonable payment rates for persons residing in transitional housing; and

(2) appropriate limits on the period for which such persons may reside in transitional housing.


(g) The Secretary may dispose of any property acquired for the purpose of this section. The proceeds of any such disposal shall be credited to the General Post Fund.

(h) Funds received by the Department under this section shall be deposited in the General Post Fund. The Secretary may distribute out of the fund such amounts as necessary for the acquisition, management, maintenance, and disposition of real property for the purpose of carrying out such program. The Secretary shall manage the operation of this section so as to ensure that expenditures under this subsection for any fiscal year shall not exceed by more than $500,000 proceeds credited to the General Post Fund under this section. The operation of the program and funds received shall be separately accounted for, and shall be stated in the documents accompanying the President's budget for each fiscal year.

(Added Pub. L. 105–114, title II, §202(a), Nov. 21, 1997, 111 Stat. 2284, §1772; renumbered §2032, Pub. L. 107–95, §5(b)(1), Dec. 21, 2001, 115 Stat. 918.)

Amendments

2001Pub. L. 107–95 renumbered section 1772 of this title as this section.

§2033. Additional services at certain locations

(a) Subject to the availability of appropriations, the Secretary shall operate a program under this section to expand and improve the provision of benefits and services by the Department to homeless veterans.

(b) The program shall include the establishment of sites under the jurisdiction of the Secretary to be centers for the provision of comprehensive services to homeless veterans. The services to be provided at each site shall include a comprehensive and coordinated array of those specialized services which may be provided under existing law. The Secretary shall carry out the program under this section in sites in at least each of the 20 largest metropolitan statistical areas.

(c) The program shall include the services of such employees of the Veterans Benefits Administration as the Secretary determines appropriate at sites under the jurisdiction of the Secretary at which services are provided to homeless veterans.

(d) The program under this section shall terminate on September 30, 2020.

(Added Pub. L. 105–114, title II, §202(a), Nov. 21, 1997, 111 Stat. 2286, §1773; renumbered §2033 and amended Pub. L. 107–95, §§5(b)(1), (f), 8(b), Dec. 21, 2001, 115 Stat. 918, 919; Pub. L. 109–444, §2(d), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 109–461, title VII, §704(b), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3440, 3468; Pub. L. 112–37, §10(d), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–191, title II, §204, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, §9(b), Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, §204(b), Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, §307(b), Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, §308(b), Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, §307(b), Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, §144(b), Sept. 29, 2018, 132 Stat. 3170.)

Amendments

2018—Subsec. (d). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2019".

2017—Subsec. (d). Pub. L. 115–62 substituted "September 30, 2019" for "September 30, 2017".

2016—Subsec. (d). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".

2015—Subsec. (d). Pub. L. 114–58 substituted "September 30, 2016" for "September 30, 2015".

2014—Subsec. (d). Pub. L. 113–175 substituted "September 30, 2015" for "December 31, 2014".

2013—Subsec. (d). Pub. L. 113–59 substituted "December 31, 2014" for "December 31, 2013".

2012—Subsec. (d). Pub. L. 112–191 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (d). Pub. L. 112–37 substituted "December 31, 2012" for "December 31, 2011".

2006—Subsec. (d). 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, §704(b), substituted "December 31, 2011" for "December 31, 2006".

Pub. L. 109–444, which substituted "December 31, 2007" for "December 31, 2006", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2001Pub. L. 107–95, §5(b)(1), renumbered section 1773 of this title as this section.

Subsec. (b). Pub. L. 107–95, §8(b), struck out "not fewer than eight programs (in addition to any existing programs providing similar services) at" after "establishment of" and inserted at end "The Secretary shall carry out the program under this section in sites in at least each of the 20 largest metropolitan statistical areas."

Subsec. (d). Pub. L. 107–95, §5(f), substituted "December 31, 2006" for "December 31, 2001".

§2034. Coordination with other agencies and organizations

(a) In assisting homeless veterans, the Secretary shall coordinate with, and may provide services authorized under this title in conjunction with, State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations.

(b)(1) The Secretary shall require the director of each medical center or the director of each regional benefits office to make an annual assessment of the needs of homeless veterans living within the area served by the medical center or regional office, as the case may be.

(2) Each such assessment shall be made in coordination with representatives of State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations that have experience working with homeless persons in that area.

(3) Each such assessment shall identify the needs of homeless veterans with respect to the following:

(A) Health care.

(B) Education and training.

(C) Employment.

(D) Shelter.

(E) Counseling.

(F) Outreach services.


(4) Each assessment shall also indicate the extent to which the needs referred to in paragraph (3) are being met adequately by the programs of the Department, of other departments and agencies of the Federal Government, of State and local governments, and of nongovernmental organizations.

(5) Each assessment shall be carried out in accordance with uniform procedures and guidelines prescribed by the Secretary.

(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.

(c) In furtherance of subsection (a), the Secretary shall require the director of each medical center and the director of each regional benefits office, in coordination with representatives of State and local governments, other Federal officials, and nongovernmental organizations that have experience working with homeless persons in the areas served by such facility or office, to—

(1) develop a list of all public and private programs that provide assistance to homeless persons or homeless veterans in the area concerned, together with a description of the services offered by those programs;

(2) seek to encourage the development by the representatives of such entities, in coordination with the director, of a plan to coordinate among such public and private programs the provision of services to homeless veterans;

(3) take appropriate action to meet, to the maximum extent practicable through existing programs and available resources, the needs of homeless veterans that are identified in the assessment conducted under subsection (b); and

(4) attempt to inform homeless veterans whose needs the director cannot meet under paragraph (3) of the services available to such veterans within the area served by such center or office.

(Added Pub. L. 105–114, title II, §202(a), Nov. 21, 1997, 111 Stat. 2286, §1774; renumbered §2034 and amended Pub. L. 107–95, §§5(b)(1), 6(b), Dec. 21, 2001, 115 Stat. 918, 919.)

Amendments

2001Pub. L. 107–95, §5(b)(1), renumbered section 1774 of this title as this section.

Subsec. (b)(1). Pub. L. 107–95, §6(b)(1), inserted "annual" after "to make an".

Subsec. (b)(6). Pub. L. 107–95, §6(b)(2), added par. (6).