H. R. 2716
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO
TITLE 38, UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeless
Veterans Comprehensive Assistance Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec.
1. Short title; table of contents; references to title 38, United States Code.
Sec.
2. Definitions.
Sec.
3. National goal to end homelessness among veterans.
Sec.
4. Sense of the Congress regarding the needs of homeless veterans and the
responsibility of Federal agencies.
Sec.
5. Consolidation and improvement of provisions of law relating to homeless
veterans.
Sec.
6. Evaluation centers for homeless veterans programs.
Sec.
7. Study of outcome effectiveness of grant program for homeless veterans
with special needs.
Sec.
8. Expansion of other programs.
Sec.
9. Coordination of employment services.
Sec. 10. Use of real property.
Sec. 11. Meetings of Interagency Council on Homeless.
Sec. 12. Rental assistance vouchers for HUD Veterans Affairs Supported Housing
program.
(c) REFERENCES TO TITLE 38, UNITED STATES CODE.—Except
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be consid-
ered 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 meaning given
such term in section 2002 of title 38, United States Code,
as added by section 5(a)(1).
(2) The term ‘‘grant and per diem provider’’ means an
entity in receipt of a grant under section 2011 or 2012 of
title 38, United States Code, as so added.
SEC. 3. NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS.
(a) NATIONAL GOAL.—Congress hereby declares it to be a
national goal to end chronic homelessness among veterans within
a decade of the enactment of this Act.
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(b) COOPERATIVE
EFFORTS
ENCOURAGED.—Congress hereby
encourages all departments and agencies of Federal, State, and
local governments, quasi-governmental organizations, private and
public sector entities, including community-based organizations,
faith-based organizations, and individuals to work cooperatively
to end chronic homelessness among veterans within a decade.
SEC. 4. SENSE OF THE CONGRESS REGARDING THE NEEDS OF HOME-
LESS VETERANS AND THE RESPONSIBILITY OF FEDERAL
AGENCIES.
It is the sense of the Congress that—
(1) homelessness is a significant problem in the veterans
community and veterans are disproportionately represented
among homeless men;
(2) while many effective programs assist homeless veterans
to again become productive and self-sufficient members of
society, current resources provided to such programs and other
activities that assist homeless veterans are inadequate to pro-
vide all needed essential services, assistance, and support to
homeless veterans;
(3) the most effective programs for the assistance of home-
less veterans should be identified and expanded;
(4) federally funded programs for homeless veterans should
be held accountable for achieving clearly defined results;
(5) Federal efforts to assist homeless veterans should
include prevention of homelessness; and
(6) Federal agencies, particularly the Department of Vet-
erans Affairs, the Department of Housing and Urban Develop-
ment, and the Department of Labor, should cooperate more
fully to address the problem of homelessness among veterans.
SEC. 5. CONSOLIDATION AND IMPROVEMENT OF PROVISIONS OF LAW
RELATING TO HOMELESS VETERANS.
(a) IN GENERAL.—(1) Part II is amended by inserting after
chapter 19 the following new chapter:
‘‘CHAPTER 20—BENEFITS FOR HOMELESS VETERANS
‘‘SUBCHAPTER I—PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS
‘‘Sec.
‘‘2001. Purpose.
‘‘2002. Definitions.
‘‘2003. Staffing requirements.
‘‘SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS
‘‘2011. Grants.
‘‘2012. Per diem payments.
‘‘2013. Authorization of appropriations.
‘‘SUBCHAPTER III—TRAINING AND OUTREACH
‘‘2021. Homeless veterans reintegration programs.
‘‘2022. Coordination of outreach services for veterans at risk of homelessness.
‘‘2023. Demonstration program of referral and counseling for veterans transitioning
from certain institutions who are at risk for homelessness.
‘‘SUBCHAPTER IV—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL
AND HOMELESS VETERANS
‘‘2031. General treatment.
‘‘2032. Therapeutic housing.
‘‘2033. Additional services at certain locations.
‘‘2034. Coordination with other agencies and organizations.
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‘‘SUBCHAPTER V—HOUSING ASSISTANCE
‘‘2041. Housing assistance for homeless veterans.
‘‘2042. Supported housing for veterans participating in compensated work therapies.
‘‘2043. Domiciliary care programs.
‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING
‘‘2051. General authority.
‘‘2052. Requirements.
‘‘2053. Default.
‘‘2054. Audit.
‘‘SUBCHAPTER VII—OTHER PROVISIONS
‘‘2061. Grant program for homeless veterans with special needs.
‘‘2062. Dental care.
‘‘2063. Employment assistance.
‘‘2064. Technical assistance grants for nonprofit community-based groups.
‘‘2065. Annual report on assistance to homeless veterans.
‘‘2066. Advisory Committee on Homeless Veterans.
‘‘SUBCHAPTER I—PURPOSE; DEFINITIONS;
ADMINISTRATIVE MATTERS
‘‘§ 2001. Purpose
‘‘The purpose of this chapter is to provide for the special needs
of homeless veterans.
‘‘§ 2002. Definitions
‘‘In this chapter:
‘‘(1) The term ‘homeless veteran’ means a veteran who
is homeless (as that term is defined in section 103(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)).
‘‘(2) The term ‘grant and per diem provider’ means an
entity in receipt of a grant under section 2011 or 2012 of
this title.
‘‘§ 2003. Staffing requirements
‘‘(a) VBA STAFFING AT REGIONAL OFFICES.—The Secretary shall
ensure that there is at least one full-time employee assigned to
oversee and coordinate homeless veterans programs at each of
the 20 Veterans Benefits Administration regional offices that the
Secretary determines have the largest homeless veteran populations
within the regions of the Administration. The programs covered
by such oversight and coordination include the following:
‘‘(1) Housing programs administered by the Secretary under
this title or any other provision of law.
‘‘(2) Compensation, pension, vocational rehabilitation, and
education benefits programs administered by the Secretary
under this title or any other provision of law.
‘‘(3) The housing program for veterans supported by the
Department of Housing and Urban Development.
‘‘(4) The homeless veterans reintegration program of the
Department of Labor under section 2021 of this title.
‘‘(5) The programs under section 2033 of this title.
‘‘(6) The assessments required by section 2034 of this title.
‘‘(7) Such other programs relating to homeless veterans
as may be specified by the Secretary.
‘‘(b) VHA CASE MANAGERS.—The Secretary shall ensure that
the number of case managers in the Veterans Health Administra-
tion is sufficient to assure that every veteran who is provided
a housing voucher through section 8(o) of the United States Housing
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Act of 1937 (42 U.S.C. 1437f(o)) is assigned to, and is seen as
needed by, a case manager.
‘‘SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS
‘‘§ 2011. Grants
‘‘(a) AUTHORITY TO MAKE GRANTS.—(1) Subject to the avail-
ability 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 fur-
nishing, 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 GRANTS.—The Secretary shall establish cri-
teria and requirements for grants under this section, including
criteria for entities eligible to receive grants, and shall publish
such criteria and requirements in the Federal Register. The criteria
established under this subsection shall include the following:
‘‘(1) Specification as to the kinds of projects for which
grants are available, which shall include—
‘‘(A) expansion, remodeling, or alteration of existing
buildings, or acquisition of facilities, for use as service
centers, transitional housing, or other facilities to serve
homeless veterans; and
‘‘(B) procurement of vans for use in outreach to and
transportation for homeless veterans for purposes of a pro-
gram 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 bal-
ance 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 pur-
poses of subsection (c).
‘‘(c) FUNDING LIMITATIONS.—A grant under this section may
not be used to support operational costs. The amount of a grant
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under this section may not exceed 65 percent of the estimated
cost of the project concerned.
‘‘(d) ELIGIBLE ENTITIES.—The Secretary may make a grant
under this section to an entity applying for such a grant only
if the applicant for the grant—
‘‘(1) is a public or nonprofit private entity with the capacity
(as determined by the Secretary) to effectively administer a
grant under this section;
‘‘(2) demonstrates that adequate financial support will be
available to carry out the project for which the grant is sought
consistent with the plans, specifications, and schedule sub-
mitted by the applicant; and
‘‘(3) agrees to meet the applicable criteria and requirements
established under subsections (b) and (g) and has, as deter-
mined 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 fol-
lowing:
‘‘(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 implementa-
tion 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 oper-
ational 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 disburse-
ment 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 fol-
lowing:
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‘‘(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 mutu-
ally agreeable, for use by staff of the Department of Veterans
Affairs, the Department of Labor, and other appropriate agen-
cies 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 Sec-
retary 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 serv-
ices 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 accord-
ance 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 connec-
tion with such program.
‘‘(2) Any amount recovered by the United States under para-
graph (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.
‘‘§ 2012. Per diem payments
‘‘(a) PER DIEM PAYMENTS FOR FURNISHING SERVICES TO HOME-
LESS VETERANS.—(1) Subject to the availability of appropriations
provided for such purpose, the Secretary, pursuant to such criteria
as the Secretary shall prescribe, shall provide to a recipient of
a grant under section 2011 of this title (or an entity eligible to
receive a grant under that section which after November 10, 1992,
establishes a program that the Secretary determines carries out
the purposes described in that section) per diem payments for
services furnished to any homeless veteran—
‘‘(A) whom the Secretary has referred to the grant recipient
(or entity eligible for such a grant); or
‘‘(B) for whom the Secretary has authorized the provision
of services.
‘‘(2)(A) The rate for such per diem payments shall be the
daily cost of care estimated by the grant recipient or eligible entity
adjusted by the Secretary under subparagraph (B). In no case
may the rate determined under this paragraph exceed the rate
authorized for State homes for domiciliary care under subsection
(a)(1)(A) of section 1741 of this title, as the Secretary may increase
from time to time under subsection (c) of that section.
‘‘(B) The Secretary shall adjust the rate estimated by the grant
recipient or eligible entity under subparagraph (A) to exclude other
sources of income described in subparagraph (D) that the grant
recipient or eligible entity certifies to be correct.
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‘‘(C) Each grant recipient or eligible entity shall provide to
the Secretary such information with respect to other sources of
income as the Secretary may require to make the adjustment under
subparagraph (B).
‘‘(D) The other sources of income referred to in subparagraphs
(B) and (C) are payments to the grant recipient or eligible entity
for furnishing services to homeless veterans under programs other
than under this subchapter, including payments and grants from
other departments and agencies of the United States, from depart-
ments or agencies of State or local government, and from private
entities or organizations.
‘‘(3) In a case in which the Secretary has authorized the provi-
sion 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 pre-
scribe.
‘‘(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 Vet-
erans Comprehensive Service Programs Act of 1992 (Public Law
102–590; 38 U.S.C. 7721 note) before that date if the entity meets
fire and safety requirements established by the Secretary.
‘‘(3) From amounts available for purposes of this section, not
less than $5,000,000 shall be used only for grants to assist entities
covered by paragraph (2) in meeting the Life Safety Code of the
National Fire Protection Association or such other comparable fire
and safety requirements as the Secretary may specify.
‘‘§ 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 appropriations
provided for such purpose, the Secretary of Labor shall conduct,
directly or through grant or contract, such programs as the Sec-
retary determines appropriate to provide job training, counseling,
and placement services (including job readiness and literacy and
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skills training) to expedite the reintegration of homeless veterans
into the labor force.
‘‘(b) REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.—
(1) The Secretary of Labor shall collect such information as that
Secretary considers appropriate to monitor and evaluate the dis-
tribution 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 vet-
eran under this section.
‘‘(2) Information under paragraph (1) shall be furnished in
such form and manner as the Secretary of Labor may specify.
‘‘(c) ADMINISTRATION THROUGH THE ASSISTANT SECRETARY OF
LABOR FOR VETERANS’ EMPLOYMENT AND TRAINING.—The Secretary
of Labor shall carry out this section through the Assistant Secretary
of Labor for Veterans’ Employment and Training.
‘‘(d) BIENNIAL REPORT TO CONGRESS.—Not less than every two
years, the Secretary of Labor shall submit to Congress a report
on the programs conducted under this section. The Secretary of
Labor shall include in the report an evaluation of services furnished
to veterans under this section and an analysis of the information
collected under subsection (b).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—(1) There are author-
ized 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 veterans at
risk of homelessness
‘‘(a) OUTREACH PLAN.—The Secretary, acting through the Under
Secretary for Health, shall provide for appropriate officials of the
Mental Health Service and the Readjustment Counseling Service
of the Veterans Health Administration to develop a coordinated
plan for joint outreach by the two Services to veterans at risk
of homelessness, including particularly veterans who are being dis-
charged or released from institutions after inpatient psychiatric
care, substance abuse treatment, or imprisonment.
‘‘(b) MATTERS TO BE INCLUDED.—The outreach plan under sub-
section (a) shall include the following:
‘‘(1) Strategies to identify and collaborate with non-Depart-
ment entities used by veterans who have not traditionally used
Department services to further outreach efforts.
‘‘(2) Strategies to ensure that mentoring programs, recovery
support groups, and other appropriate support networks are
optimally available to veterans.
‘‘(3) Appropriate programs or referrals to family support
programs.
‘‘(4) Means to increase access to case management services.
‘‘(5) Plans for making additional employment services acces-
sible to veterans.
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‘‘(4) Other information that the Secretary considers relevant
in assessing the programs and activities.
‘‘§ 2066. Advisory Committee on Homeless Veterans
‘‘(a) ESTABLISHMENT.—(1) There is established in the Depart-
ment the Advisory Committee on Homeless Veterans (hereinafter
in this section referred to as the ‘Committee’).
‘‘(2) The Committee shall consist of not more than 15 members
appointed by the Secretary from among the following:
‘‘(A) Veterans service organizations.
‘‘(B) Advocates of homeless veterans and other homeless
individuals.
‘‘(C) Community-based providers of services to homeless
individuals.
‘‘(D) Previously homeless veterans.
‘‘(E) State veterans affairs officials.
‘‘(F) Experts in the treatment of individuals with mental
illness.
‘‘(G) Experts in the treatment of substance use disorders.
‘‘(H) Experts in the development of permanent housing
alternatives for lower income populations.
‘‘(I) Experts in vocational rehabilitation.
‘‘(J) Such other organizations or groups as the Secretary
considers appropriate.
‘‘(3) The Committee shall include, as ex officio members, the
following:
‘‘(A) The Secretary of Labor (or a representative of the
Secretary selected after consultation with the Assistant Sec-
retary of Labor for Veterans’ Employment).
‘‘(B) The Secretary of Defense (or a representative of the
Secretary).
‘‘(C) The Secretary of Health and Human Services (or a
representative of the Secretary).
‘‘(D) The Secretary of Housing and Urban Development
(or a representative of the Secretary).
‘‘(4)(A) The Secretary shall determine the terms of service and
allowances of the members of the Committee, except that a term
of service may not exceed three years. The Secretary may reappoint
any member for additional terms of service.
‘‘(B) Members of the Committee shall serve without pay. Mem-
bers may receive travel expenses, including per diem in lieu of
subsistence for travel in connection with their duties as members
of the Committee.
‘‘(b) DUTIES.—(1) The Secretary shall consult with and seek
the advice of the Committee on a regular basis with respect to
the provision by the Department of benefits and services to homeless
veterans.
‘‘(2) In providing advice to the Secretary under this subsection,
the Committee shall—
‘‘(A) assemble and review information relating to the needs
of homeless veterans;
‘‘(B) provide an on-going assessment of the effectiveness
of the policies, organizational structures, and services of the
Department in assisting homeless veterans; and
‘‘(C) provide on-going advice on the most appropriate means
of providing assistance to homeless veterans.
‘‘(3) The Committee shall—
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or in such amounts as are or have been provided in appro-
priation Acts for such fiscal year for incremental rental
assistance under this subsection.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.