IIA
105TH CONGRESS
1ST SESSION
H. R. 2206
IN THE SENATE OF THE UNITED STATES
OCTOBER 7, 1997
Received; read twice and referred to the Committee on Veterans’ Affairs
AN ACT
To amend title 38, United States Code, to improve programs
of the Department of Veterans Affairs for homeless vet-
erans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans Health Pro-
grams Improvement Act of 1997’’.
SEC. 2. TREATMENT AND REHABILITATION FOR SERIOUSLY
MENTALLY ILL AND HOMELESS VETERANS.
(a) CODIFICATION
AND REVISIONS
OF VETERANS
HOMELESS PROGRAMS.—Chapter 17 of title 38, United
States Code, is amended by adding at the end the follow-
ing new subchapter:
‘‘SUBCHAPTER VII—TREATMENT AND REHA-
BILITATION FOR SERIOUSLY MENTALLY
ILL AND HOMELESS VETERANS
‘‘§ 1771. General treatment
‘‘In providing care and services under section 1710
of this title to veterans suffering from serious mental ill-
ness, including veterans who are homeless, the Secretary
may provide (directly or in conjunction with a govern-
mental or other entity)—
‘‘(1) outreach services;
‘‘(2) care, treatment, and rehabilitative services
(directly or by contract in community-based treat-
ment facilities, including halfway houses); and
‘‘(3) therapeutic transitional housing assistance
under section 1772 of this title, in conjunction with
work therapy under section 1718(a) or (b) of this
title and outpatient care.
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‘‘§ 1772. Therapeutic housing
‘‘(a) The Secretary, in connection with the conduct
of compensated work therapy programs, may operate resi-
dences and facilities as therapeutic housing.
‘‘(b) The Secretary may use such procurement proce-
dures for the purchase, lease, or other acquisition of resi-
dential housing for purposes of this section as the Sec-
retary considers appropriate to expedite the opening and
operation of transitional housing and to protect the inter-
ests 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 fol-
lowing conditions:
‘‘(1) Only veterans described in those para-
graphs and a house manager may reside in the resi-
dence.
‘‘(2) Each resident, other than the house man-
ager, shall be required to make payments that con-
tribute to covering the expenses of board and the
operational costs of the residence for the period of
residence in such housing.
‘‘(3) In order to foster the therapeutic and re-
habilitative objectives of such housing (A) residents
shall be prohibited from using alcohol or any con-
trolled substance or item, (B) any resident violating
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that prohibition may be expelled from the residence,
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 con-
sult with appropriate representatives of the commu-
nity in which the housing is established and shall
comply with zoning requirements, building permit
requirements, and other similar requirements appli-
cable to other real property used for similar pur-
poses in the community.
‘‘(5) The residence shall meet State and com-
munity fire and safety requirements applicable to
other real property used for similar purposes in the
community in which the transitional housing is lo-
cated, 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 house managers in addition to,
or instead of payment of, a fee for such services.
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‘‘(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 Sec-
retary.
‘‘(2) In the case of any property referred to in para-
graph (1)(A), the Secretary shall—
‘‘(A) transfer administrative jurisdiction over
such property within the Department from the Vet-
erans Benefits Administration to the Veterans
Health Administration; and
‘‘(B) transfer from the General Post Fund of
the Department of Veterans Affairs to the appro-
priate 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
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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 ac-
quired for the purpose of this section. The proceeds of any
such disposal shall be credited to the General Post Fund
of the Department of Veterans Affairs.
‘‘(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, mainte-
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nance, 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 expendi-
tures 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 ac-
counted for, and shall be stated in the documents accom-
panying the President’s budget for each fiscal year.
‘‘§ 1773. 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
not fewer than eight programs (in addition to any existing
programs providing similar services) at sites under the ju-
risdiction of the Secretary to be centers for the provision
of comprehensive services to homeless veterans. The serv-
ices to be provided at each site shall include a comprehen-
sive and coordinated array of those specialized services
which may be provided under existing law.
‘‘(c) The program shall include the services of such
employees of the Veterans Benefits Administration as the
Secretary determines appropriate at sites under the juris-
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diction of the Secretary at which services are provided to
homeless veterans.
‘‘§ 1774. Coordination with other agencies and orga-
nizations
‘‘(a) In assisting homeless veterans, the Secretary
shall coordinate with, and may provide services authorized
under this title in conjunction with, State and local gov-
ernments, other appropriate departments and agencies of
the Federal Government, and nongovernmental organiza-
tions.
‘‘(b)(1) The Secretary shall require the director of
each medical center or the director of each regional bene-
fits office to make an assessment of the needs of homeless
veterans living within the area served by the medical cen-
ter or regional office, as the case may be.
‘‘(2) Each such assessment shall be made in coordi-
nation with representatives of State and local govern-
ments, 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.
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‘‘(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 pro-
grams and available resources, the needs of homeless
veterans that are identified in the assessment con-
ducted 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.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 1720A
of such title is amended—
(A) by striking out subsections (a), (e), (f), and
(g); and
(B) by redesignating subsections (b), (c), and
(d) as subsections (a), (b), and (c), respectively.
(2) The heading of such section is amended to read
as follows:
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‘‘§ 1720A. Treatment and rehabilitative services for
persons with drug or alcohol depend-
ency’’.
(c) CONFORMING REPEALS.—The following provi-
sions are repealed:
(1) Section 7 of Public Law 102–54 (38 U.S.C.
1718 note).
(2) Section 107 of the Veterans’ Medical Pro-
grams Amendments of 1992 (38 U.S.C. 527 note).
(3) Section 2 of the Homeless Veterans Com-
prehensive Service Programs Act of 1992 (38 U.S.C.
7721 note).
(d) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 17 of such title is amended—
(1) by striking out the item relating to section
1720A and inserting in lieu thereof the following:
‘‘1720A. Treatment and rehabilitative services for persons with drug or alcohol
dependency.’’; and
(2) by adding at the end the following:
‘‘SUBCHAPTER VII—TREATMENT AND REHABILITATION FOR SERIOUSLY
MENTALLY ILL AND HOMELESS VETERANS
‘‘1771. General treatment.
‘‘1772. Therapeutic housing.
‘‘1773. Additional services at certain locations.
‘‘1774. Coordination with other agencies and organizations.’’.
SEC. 3. EXTENSION OF HOMELESS VETERANS COMPREHEN-
SIVE SERVICE GRANT PROGRAM.
(a) EXTENSION
FOR TWO FISCAL YEARS.—Sub-
section (a)(2) of section 3 of the Homeless Veterans Com-
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prehensive Service Programs Act of 1992 (38 U.S.C. 7721
note) is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(b) REPEAL
OF
LIMITATION
ON
NUMBER
OF
PROJECTS.—Subsection (b)(2) of such section is amended
by striking out ‘‘, which shall’’ and all that follows through
‘‘paragraph (1)’’.
(c) TECHNICAL CORRECTION.—Subsection (a)(1) of
such section is amended by striking out ‘‘, during’’.
SEC. 4. ANNUAL REPORT ON ASSISTANCE TO HOMELESS
VETERANS.
Section 1001 of the Veterans’ Benefits Improvements
Act of 1994 (38 U.S.C. 7721 note) is amended—
(1) in subsection (a)(2)—
(A) by striking out ‘‘and’’ at the end of
subparagraph (B);
(B) by striking out the period at the end
of subparagraph (C) and inserting in lieu there-
of ‘‘; and’’; and
(C) by adding at the end the following new
subparagraphs:
‘‘(D) evaluate the effectiveness of the programs
of the Department (including residential work-ther-
apy programs, programs combining outreach, com-
munity-based residential treatment, and case-man-
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agement, and contract care programs for alcohol and
drug-dependence or abuse disabilities) in providing
assistance to homeless veterans; and
‘‘(E) evaluate the effectiveness of programs es-
tablished by recipients of grants under section 3 of
the Homeless Veterans Comprehensive Service Pro-
grams Act of 1992 (38 U.S.C. 7721 note), and de-
scribe the experience of such entities in applying for
and receiving grants from the Secretary of Housing
and Urban Development to serve primarily homeless
persons who are veterans.’’; and
(2) by striking out subsection (b) and redesig-
nating subsection (c) as subsection (b).
SEC. 5. NONINSTITUTIONAL ALTERNATIVES TO NURSING
HOME CARE.
Section 1720C of title 38, United States Code, is
amended—
(1) in subsection (a), by striking out ‘‘During’’
and all that follows through ‘‘furnishing of’’ and in-
serting in lieu thereof ‘‘The Secretary may furnish’’;
and
(2) in subsection (b)(1), by striking out ‘‘pilot’’.
SEC. 6. PERSIAN GULF WAR VETERANS.
(a) SCOPE OF COUNSELING.—Section 703 of the Vet-
erans Health Care Act of 1992 (Public Law 102–585; 106
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Stat. 4976) is amended by adding at the end the following
new subsection:
‘‘(c) FORM OF COUNSELING.—Counseling provided in
this section may not be provided through written materials
only, but shall include verbal counseling.’’.
(b) CRITERIA FOR PRIORITY HEALTH CARE.—(1)
Subsection (a)(2)(F) of section 1710 of title 38, United
States Code, is amended by striking out ‘‘environmental
hazard’’ and inserting in lieu thereof ‘‘other conditions’’.
(2) Subsection (e)(1)(C) of such section is amend-
ed—
(A) by striking out ‘‘the Secretary finds may
have been exposed while serving’’ and inserting in
lieu thereof ‘‘served’’;
(B) by striking out ‘‘to a toxic substance or en-
vironmental hazard’’; and
(C) by striking out ‘‘exposure’’ and inserting in
lieu thereof ‘‘service’’.
(3) Subsection (e)(2)(B) of such section is amended
by striking out ‘‘an exposure’’ and inserting in lieu thereof
‘‘the service’’.
(c) DEMONSTRATION PROJECTS FOR TREATMENT OF
PERSIAN GULF ILLNESS.—(1) The Secretary shall carry
out a program of demonstration projects to test new ap-
proaches to treating, and improving the satisfaction with
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such treatment of, Persian Gulf veterans who suffer from
undiagnosed and ill-defined disabilities. The program shall
be established not later than July 1, 1998, and shall be
carried out at up to 10 geographically dispersed medical
centers of the Department of Veterans Affairs.
(2) At least one of each of the following models shall
be used at no less than two of the demonstration projects:
(A) A specialized clinic which serves Persian
Gulf veterans.
(B) Multidisciplinary treatment aimed at man-
aging symptoms.
(C) Use of case managers.
(3) A demonstration project under this subsection
may be undertaken in conjunction with another funding
entity, including agreements under section 8111 of title
38, United States Code.
(4) The Secretary shall make available from appro-
priated funds (which have been retained for contingent
funding) $5,000,000 to carry out the demonstrations
projects.
(5) The Secretary may not approve a medical center
as a location for a demonstration project under this sub-
section unless a peer review panel has determined that the
proposal submitted by that medical center is among those
proposals that have met the highest competitive standards