IB
Union Calendar No. 145
107TH CONGRESS
1ST SESSION
H. R. 2716
[Report No. 107–241, Part I]
To amend title 38, United States Code, to revise, improve, and consolidate
provisions of law providing benefits and services for homeless veterans.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. SMITH of New Jersey (for himself, Mr. BUYER, and Mr. SIMMONS) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ Affairs, and in addition to the Committee on Financial Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
OCTOBER 16, 2001
Additional sponsors: Mr. SIMPSON, Mr. FILNER, Mr. BILIRAKIS, Mr.
MCKEON, Ms. CARSON of Indiana, Mr. UDALL of New Mexico, Mr.
SHOWS, and Mr. SNYDER
OCTOBER 16, 2001
Reported from the Committee on Veterans’ Affairs with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 16, 2001
Referral to the Committee on Financial Services extended for a period ending
not later than October 16, 2001
OCTOBER 16, 2001
Committee on Financial Services discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on August 2, 2001]
A BILL
To amend title 38, United States Code, to revise, improve,
and consolidate provisions of law providing benefits and
services for homeless veterans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES TO TITLE 38, UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Stu-
art Collick—Heather French Henry Homeless Veterans As-
sistance Act’’.
(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 re-
sponsibility of Federal agencies.
Sec. 5. Consolidation and improvement of provisions of law relating to homeless
veterans.
Sec. 6. Evaluation of homeless programs.
Sec. 7. Study of outcome effectiveness of grant program for homeless veterans with
special needs.
Sec. 8. Additional programmatic expansions.
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 provi-
sion, the reference shall be considered to be made to a section
or other provision of title 38, United States Code.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘homeless veteran’’ has the mean-
ing 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.
SEC. 3. NATIONAL GOAL TO END HOMELESSNESS AMONG
VETERANS.
(a) NATIONAL GOAL.—Congress hereby declares it to
be a national goal to end chronic homelessness among vet-
erans within a decade of the enactment of this Act.
(b) COOPERATIVE EFFORTS ENCOURAGED.—Congress
hereby encourages all departments and agencies of Federal,
State, and local governments, quasi-governmental organiza-
tions, private and public sector entities, including commu-
nity-based organizations, faith-based organizations, and in-
dividuals to work cooperatively to end chronic homelessness
among veterans within a decade.
SEC. 4. SENSE OF THE CONGRESS REGARDING THE NEEDS
OF HOMELESS VETERANS AND THE RESPON-
SIBILITY OF FEDERAL AGENCIES.
It is the sense of the Congress that—
(1) homelessness is a significant problem in the
veterans community and veterans are disproportion-
ately represented among homeless men;
(2) While many effective programs assist home-
less veterans to again become productive and self-suf-
ficient 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 ex-
panded;
(4) federally funded programs for homeless vet-
erans 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 Depart-
ment of Veterans Affairs and the Department of
Housing and Urban Development, should cooperate
more fully to address the problem of homelessness
among veterans.
SEC. 5. CONSOLIDATION AND IMPROVEMENT OF PROVI-
SIONS OF LAW RELATING TO HOMELESS VET-
ERANS.
(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.
‘‘2004. Employment assistance.
‘‘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 relating to referral and counseling for veterans
transitioning from certain institutions who are at risk for home-
lessness.
‘‘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.
‘‘SUBCHAPTER V—HOUSING ASSISTANCE
‘‘2041. Housing assistance for homeless veterans.
‘‘2042. Supported housing for veterans participating in compensated work thera-
pies.
‘‘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. Technical assistance grants for nonprofit community-based groups.
‘‘2064. Annual report on assistance to homeless veterans.
‘‘2065. Advisory Committee on Homeless Veterans.
‘‘SUBCHAPTER I—PURPOSE; DEFINITIONS;
ADMINISTRATIVE MATTERS
‘‘§ 2001. Purpose
‘‘The purpose of this chapter is to provide for the spe-
cial needs of homeless veterans.
‘‘§ 2002. Definitions
‘‘In this chapter:
‘‘(1) The term ‘homeless veteran’ means a vet-
eran who—
‘‘(A) lacks a fixed, regular, and adequate
nighttime residence; or
‘‘(B) has a primary nighttime residence
that is—
‘‘(i) a supervised publicly or privately
operated shelter designed to provide tem-
porary living accommodations (including
welfare hotels, congregate shelters, grant per
diem shelters and transitional housing for
the mentally ill);
‘‘(ii) an institution that provides a
temporary residence for individuals in-
tended to be institutionalized; or
‘‘(iii) a public or private place not de-
signed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
‘‘(2) The term ‘grant and per diem provider’
means an entity in receipt of a grant under section
2011 or 2012 of this title.
‘‘§ 2003. Staffing requirements
‘‘(a) VBA STAFFING
AT REGIONAL OFFICES.—The
Secretary shall ensure that there is assigned at each Vet-
erans Benefits Administration regional office at least one
employee assigned specifically to oversee and coordinate
homeless veterans programs in that region. In any such re-
gional office with at least 140 employees, there shall be at
least one full-time employee assigned to such functions. The
programs covered by such oversight and coordination in-
clude the following:
‘‘(1) The housing program for veterans supported
by the Department of Housing and Urban Develop-
ment.
‘‘(2) Housing programs supported by the Sec-
retary under this title or any other provision of law.
‘‘(3) The homeless veterans reintegration pro-
gram of the Department of Labor under section 2021
of this title.
‘‘(4) The programs under section 2033 of this
title.
‘‘(5) The assessments required by section 2034 of
this title.
‘‘(6) Such other duties relating to homeless vet-
erans as may be assigned.
‘‘(b) VHA CASE MANAGERS.—The Secretary shall en-
sure that the number of case managers in the Veterans
Health Administration is sufficient to assure that every vet-
eran who is provided a housing voucher through section 8(o)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is assigned to, and is able to be seen as needed
by, a case manager.
‘‘§ 2004. Employment assistance
‘‘The Secretary may authorize homeless veterans re-
ceiving care through vocational rehabilitation programs to
participate in the compensated work therapy program
under section 1718 of this title.
‘‘SUBCHAPTER II—COMPREHENSIVE SERVICE
PROGRAMS
‘‘§ 2011. Grants
‘‘(a) AUTHORITY TO MAKE GRANTS.—(1) Subject to
the availability of appropriations provided for such pur-
pose, the Secretary shall make grants to assist eligible enti-
ties 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) The authority of the Secretary to make grants
under this section expires on September 30, 2005.
‘‘(b) CRITERIA FOR AWARD OF GRANTS.—The Sec-
retary shall establish criteria and requirements for the
award of a grant under this section, including criteria for
entities eligible to receive such grants, and shall publish
such criteria and requirements in the Federal Register. The
criteria established under this section shall include the fol-
lowing:
‘‘(1) Specification as to the kinds of projects for
which such grant support is 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 out-
reach to, and transportation for, homeless vet-
erans to carry out the purposes set forth in sub-
section (a).
‘‘(2) Specification as to the number of projects
for which grant support is available.
‘‘(3) Appropriate criteria for the staffing for the
provision of the services for which a grant under this
section is furnished.
‘‘(4) Provisions to ensure that the award of
grants under this section—
‘‘(A) shall not result in duplication of ongo-
ing services; and
‘‘(B) to the maximum extent practicable,
shall reflect appropriate geographic dispersion
and an appropriate balance between urban and
nonurban locations.
‘‘(5) Provisions to ensure that an entity receiv-
ing a grant shall meet fire and safety requirements
established by the Secretary, which shall include—
‘‘(A) such State and community require-
ments that may apply; and
‘‘(B) the fire and safety requirements appli-
cable under the Life Safety Code of the National
Fire Protection Association.
‘‘(6) Specifications as to the means by which an
entity receiving a grant may contribute in-kind serv-
ices to the start-up costs of any project for which sup-
port is sought and the methodology for assigning a
cost to that contribution for purposes of subsection
(c).
‘‘(c) FUNDING LIMITATIONS.—A grant under this sec-
tion may not be used to support operational costs. The
amount of a grant under this section may not exceed 65
percent of the estimated cost of the expansion, remodeling,
alteration, acquisition, or procurement provided for under
this section.
‘‘(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 effec-
tively administer a grant under this section;
‘‘(2) has demonstrated that adequate financial
support will be available to carry out the project for
which the grant has been sought consistent with the
plans, specifications, and schedule submitted by the
applicant; and
‘‘(3) has agreed to meet the applicable criteria
and requirements established under subsections (b)
and (g) (and the Secretary has determined that the
applicant has demonstrated the capacity to meet those
criteria and requirements).
‘‘(e) APPLICATION
REQUIREMENT.—An entity de-
scribed in subsection (d) desiring to receive assistance under
this section shall submit to the Secretary an application.
The application shall set forth the following:
‘‘(1) The amount of the grant requested with re-
spect to a project.
‘‘(2) A description of the site for such project.
‘‘(3) Plans, specifications, and the schedule for
implementation of such project in accordance with re-
quirements prescribed by the Secretary under sub-
section (b).
‘‘(4) Reasonable assurance that upon completion
of the work for which assistance is sought, the pro-
gram 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 will serve cli-
ents who are not receiving such services as veterans.
‘‘(f) PROGRAM REQUIREMENTS.—The Secretary may
not make a grant 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 furnished at locations accessible to homeless vet-
erans.
‘‘(2) To maintain referral networks for, and aid
homeless veterans in, establishing eligibility for assist-
ance, and obtaining services, under available entitle-
ment and assistance programs.
‘‘(3) To ensure the confidentiality of records
maintained on homeless veterans receiving services
under the grant.
‘‘(4) To establish such procedures for fiscal con-
trol and fund accounting as may be necessary to en-
sure 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 established under subsection (b), the Secretary
shall, in the case of an application for a grant for a service
center for homeless veterans, require each of the following:
‘‘(1) That such center provide services to home-
less 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 will 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 organi-
zations 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 employ-
ment counseling, meals, transportation assistance,
and such other services as the Secretary determines
necessary.
‘‘(4) That such center may be equipped and
staffed to provide, or to assist in providing, job train-
ing and job placement services (including job readi-
ness, job counseling, and literacy and skills training),
as well as any outreach and case management serv-
ices that may be necessary to carry out this para-
graph.
‘‘(h) RECOVERY OF UNUSED GRANT FUNDS.—(1) If a
grant recipient (or entity eligible for such a grant) under
this section does not establish a program in accordance with
this section or ceases to furnish services under such a pro-
gram for which the grant was made, the United States shall
be entitled to recover from such recipient or entity the total
of all unused grant amounts made under this section to such
recipient or entity 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 sub-
chapter.
‘‘(3) An amount may not be recovered under para-
graph (1) as an unused grant amount before the end of the
three-year period beginning on the date on which the grant
is awarded.
‘‘§ 2012. Per diem payments
‘‘(a) PER DIEM PAYMENTS FOR FURNISHING SERV-
ICES TO HOMELESS VETERANS.—(1) Subject to the avail-
ability 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 sec-
tion 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 pay-
ments 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) The rate for such per diem payments shall be the
rate authorized for State homes for domiciliary care under
section 1741(a)(1)(A) of this title.
‘‘(3) In a case in which the Secretary has authorized
the provision of services, per diem payments under para-
graph (1) may be paid retroactively for services provided
not more than three days before the authorization was pro-
vided.
‘‘(b) INSPECTIONS.—The Secretary may inspect any
facility of an entity eligible for payments under subsection
(a) at such times as the Secretary considers necessary. No
per diem payment may be made to an entity under this
section unless the facilities of that entity meet such stand-
ards 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 unless the facilities
of the grant recipient meet the fire and safety requirements
applicable under the Life Safety Code of the National Fire
Protection Association.
‘‘(2) During the five-year period beginning on the date
of the enactment of 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 require-
ments established by the Secretary.
‘‘(3) From amounts available for purposes of this sec-
tion, 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 Associa-
tion.
‘‘§ 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
‘‘§ 2021. Homeless veterans’ reintegration programs
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations provided for under subsection (d) and made
available for such purpose, the Secretary of Labor shall con-
duct, directly or through grant or contract, such programs
as the Secretary determines appropriate to provide job
training, counseling, and placement services 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 in-
formation as the Secretary considers appropriate to mon-
itor 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) The information under paragraph (1) shall be
furnished to the Secretary of Labor in such form as the Sec-
retary considers appropriate.
‘‘(c) ADMINISTRATION THROUGH THE ASSISTANT SEC-
RETARY
OF LABOR
FOR VETERANS’ EMPLOYMENT
AND
TRAINING.—The Secretary of Labor shall carry out this sec-
tion through the Assistant Secretary of Labor for Veterans’
Employment and Training.
‘‘(d) ANNUAL REPORT TO CONGRESS.—The Secretary
of Labor shall submit to Congress an annual report that
evaluates services furnished to veterans under this section,
and includes an analysis of the information collected under
subsection (c).
‘‘(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.
‘‘§ 2022. Coordination of outreach services for vet-
erans at risk of homelessness
‘‘(a) OUTREACH PLAN.—The Secretary, acting through
the Under Secretary for Health, shall provide for appro-
priate officials of the Mental Health Service and the Read-
justment Counseling Service of the Veterans Health Admin-
istration to initiate a coordinated plan for joint outreach
to veterans at risk of homelessness, including particularly
veterans who are being discharged from institutions (in-
cluding discharges from inpatient psychiatric care, sub-
stance abuse treatment programs, and penal institutions).
‘‘(b) MATTERS TO BE INCLUDED.—The outreach plan
under subsection (a) shall include the following:
‘‘(1) Strategies to identify and collaborate with
external entities used by veterans who have not tradi-
tionally used Department services to further outreach
efforts.
‘‘(2) Strategies to ensure that mentoring pro-
grams, recovery support groups, and other appro-
priate support networks are optimally available to
veterans.
‘‘(3) Appropriate programs or referrals to family
support programs.
‘‘(4) Means to increase access to case manage-
ment services.
‘‘(5) Plans for making additional employment
services accessible to veterans.
‘‘(6) Appropriate referral sources for mental
health and substance abuse services.
‘‘(c) COOPERATIVE RELATIONSHIPS.—The plan shall
identify strategies for the Department to enter into formal
cooperative relationships with entities outside the Depart-