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Title VI — Homeless veterans

S. 2921 · 114th Congress · May 11, 2016 · Lineage

VI Homeless veterans

A Homeless matters generally

Sec. 601 Expansion of definition of homeless veteran for purposes of benefits under the laws administered by the Secretary of Veterans Affairs

Section 2002(1) of title 38, United States Code, is amended by striking “in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))” and inserting “in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)”.

Sec. 602 Increased per diem payments for transitional housing assistance that becomes permanent housing for homeless veterans

Section 2012(a)(2) of title 38, United States Code, is amended—
(1)
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;
(2)
in subparagraph (C), as redesignated, by striking “in subparagraph (D)” and inserting “in subparagraph (E)”;
(3)
in subparagraph (D), as redesignated, by striking “under subparagraph (B)” and inserting “under subparagraph (C)”;
(4)
in subparagraph (E), as redesignated, by striking “in subparagraphs (B) and (C)” and inserting “in subparagraphs (C) and (D)”; and
(5)
in subparagraph (A)—
(A)
by striking “The rate” and inserting “Except as otherwise provided in subparagraph (B), the rate”; and
(B)
by striking “under subparagraph (B)” and all that follows through the end and inserting the following: “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.”

Sec. 603 Clarification of eligibility for services under homeless veterans reintegration programs

Section 2021(a) of title 38, United States Code, is amended by striking “reintegration of homeless veterans into the labor force.” and inserting the following: “reintegration into the labor force of—”

“(1) homeless veterans;

“(2) veterans participating in the Department of Veterans Affairs supported housing program for which rental assistance is provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19));

“(3) Native Americans (as defined in section 3765 of this title) who are veterans and receiving assistance under the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4101 et seq.); and

“(4) veterans who are transitioning from being incarcerated.”

Sec. 604 Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless

(a)
Program required—
(1)
In general— Subchapter II of chapter 20 of title 38, United States Code, is amended—
(A)
by redesignating section 2013 as section 2014; and
(B)
by inserting after section 2012 the following new section 2013:

“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) 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.”

(2)
Clerical amendment— The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2013 and inserting the following new items:
(b)
Regulations— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 2013 of such title, as added by subsection (a)(1)(B).
(c)
Report—
(1)
In general— Not later than June 1, 2020, 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 the program required by section 2013 of such title, as added by subsection (a)(1)(B).
(2)
Contents— The report submitted under paragraph (1) shall include assessments of the following:
(A)
The percentage of veterans who received case management services under the program who were able to retain permanent housing by the end of the program, disaggregated by each recipient of a grant under such section.
(B)
The percentage of veterans who received case management services under the program who were not in permanent housing at the end of the program, disaggregated by housing status and reason for failing to retain permanent housing under the program.
(C)
The use by veterans, who received case management services under the program, of housing assistance furnished by the Department of Veterans Affairs, including a comparison of the use of such assistance by such veterans before and after receiving such services.
(D)
An assessment of the employment status of veterans who received case management services under the program, including a comparison of the employment status of such veterans before and after receiving such services.

Sec. 605 Pilot program on provision of intensive case management interventions to homeless veterans who receive the most health care from the Department of Veterans Affairs

(a)
Pilot program required— Not later than September 1, 2017, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of providing intensive case management interventions to covered veterans.
(b)
Covered veterans— For purposes of the pilot program, a covered veteran is a veteran who is enrolled in—
(1)
the homeless registry of the Department; and
(2)
the system of annual patient enrollment established and operated by the Secretary under section 1705(a) of title 38, United States Code.
(c)
Location—
(1)
In general— The Secretary shall carry out the pilot program at not fewer than six locations selected by the Secretary for purposes of the pilot program as follows:
(A)
Not fewer than three locations in cities that have the largest populations of homeless veterans in the United States.
(B)
Not fewer than three locations in suburban or rural settings.
(2)
Interaction and coordination with community organizations— In selecting locations under paragraph (1), the Secretary shall only select locations in areas in which the Secretary determines that there is a high degree of interaction and coordination between the Department and community organizations that provide housing and social services for veterans, such as outreach, employment, and financial assistance for homeless veterans, veterans at risk of becoming homeless, and low-income veterans.
(d)
Provision of intensive case management interventions—
(1)
Minimum number of veterans to receive interventions— In carrying out the program at each location selected under subsection (c), the Secretary shall provide intensive case management interventions to not fewer than 20 covered veterans at each such location who the Secretary determines are the covered veterans at such location who receive the most health care and related services furnished by the Department of Veterans Affairs.
(2)
Nature of interventions— The intensive case management interventions provided to covered veterans under paragraph (1) shall include assistance with gaining and maintaining access to such housing and services, including benefits and services to which covered veterans may be entitled or eligible under the laws administered by the Secretary, as may be necessary to improve the stability of their housing and the appropriateness of the health care that they receive.
(e)
Report—
(1)
In general— Not later than December 1, 2019, 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 the pilot program carried out under this section.
(2)
Contents— The report submitted under paragraph (1) shall include assessments of the following:
(A)
The types and frequencies of intensive case management interventions provided under the pilot program.
(B)
The housing status of each veteran who received an intensive case management intervention under the pilot program.
(C)
The employment status of each veteran who received an intensive case management intervention under the pilot program, including a comparison of the employment status of such veteran before and after receiving such intervention.
(D)
The use by veterans who received intensive case management interventions under the pilot program of health care and related services furnished by the Department of Veterans Affairs and the costs incurred by the Department in furnishing such care and services, including a comparison of the use by such veterans of such care and services and the costs incurred from furnishing such care and services before and after receiving such interventions.
(E)
The number of veterans who received intensive case management interventions under the pilot program, disaggregated by whether the intensive case management intervention was provided in a location described in subparagraph (A) or (B) of subsection (c)(1).
(F)
The costs incurred by the Department in carrying out the pilot program, disaggregated by provision of intensive case management interventions in locations described in subparagraphs (A) and (B) of such subsection.
(G)
An estimate of the costs the Department would have incurred for the provision of health care and associated services to covered veterans but for the provision of intensive case management interventions under the pilot program, disaggregated by provision of intensive case management interventions in locations described in subparagraphs (A) and (B) of subsection (c)(1).

Sec. 606 Establishment of National Center on Homelessness Among Veterans

(a)
In general— Subchapter VII of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section:

“2067. National Center on Homelessness Among Veterans

“(a) In general

“(1) The Secretary shall establish and operate a center to carry out the functions described in subsection (b).

“(2) The center established under paragraph (1) shall be known as the “National Center on Homelessness Among Veterans”.

“(3) To the degree practicable, the Secretary shall operate the center established under paragraph (1) independently of the other programs of the Department that address homelessness among veterans.

“(b) Functions—The functions described in this subsection are as follows:

“(1) To carry out and promote research into the causes and contributing factors to veteran homelessness.

“(2) To assess the effectiveness of programs of the Department to meet the needs of homeless veterans.

“(3) To identify and disseminate best practices with regard to housing stabilization, income support, employment assistance, community partnerships, and such other matters as the Secretary considers appropriate with respect to addressing veteran homelessness.

“(4) To integrate evidence-based and best practices, policies, and programs into programs of the Department for homeless veterans and veterans at risk of homelessness and to ensure that the staff of the Department and community partners can implement such practices, policies, and programs.

“(5) To serve as a resource center for, and promote and seek to coordinate the exchange of information regarding, all research and training activities carried out by the Department and by other Federal and non-Federal entities with respect to veteran homelessness.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2066 the following new item:

Sec. 607 Administrative improvements to grant and per diem programs of Department of Veterans Affairs

(a)
In general— Section 2012 of title 38, United States Code, is amended—
(1)
in subsection (a)(1), in the matter before subparagraph (A), by inserting “and except as otherwise provided in this section” after “such purpose”; and
(2)
by adding at the end the following new subsection:

“(e) Review and conditional renewal

“(1) Each year, the Secretary shall review each grant recipient and eligible entity that received a per diem payment under this section for a service furnished to a veteran during the one-year period preceding the review to evaluate the performance of the grant recipient or eligible entity during that period with respect to—

“(A) the success of the grant recipient or eligible entity in assisting veterans to obtain, transition into, and retain permanent housing; and

“(B) increasing the income of veterans, whether by helping veterans obtain employment or by helping veterans obtain income-related benefits to which such veterans may be eligible or entitled.

“(2) For any grant recipient or eligible entity whose performance was evaluated for a year under paragraph (1), the Secretary may only provide per diem under this section to that grant recipient or eligible entity in the following year if the Secretary determines that such performance merits continued receipt of per diem under this section.

“(3) The Secretary shall establish uniform performance targets throughout the United States for all grant recipients and eligible entities that receive per diem payments under this section for purposes of evaluating the performance of each such grant recipient and eligible entity under this subsection.”

(b)
Effective date—
(1)
Uniform performance targets— Not later than one year after the date of the enactment of this Act, the Secretary shall establish uniform performance targets pursuant to paragraph (3) of section 2012(e) of title 38, United States Code, as added by subsection (a)(2).
(2)
Review of grant recipients and eligible entities— The Secretary shall complete the first review of each grant recipient and eligible entity pursuant to paragraph (1) of such section, as so added, not later than two years after the date of the enactment of this Act.

Sec. 608 Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness

(a)
In general— Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section:

“2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness

“(a) Partnerships authorized—Subject to the availability of funds for that purpose, the Secretary may enter into partnerships with public or private entities, through the award of grants or the use of cooperative agreements, to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness.

“(b) Locations

“(1) The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities, tribal lands of the United States, Native Americans, and tribal organizations.

“(2) In this subsection, the terms Native American and tribal organization have the meanings given such terms in section 3765 of this title.

“(c) Legal services—Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness, such as the following:

“(1) Legal services related to housing, including eviction defense and representation in landlord-tenant cases.

“(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, and estate planning.

“(3) Legal services related to income support, including assistance in obtaining public benefits.

“(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing.

“(d) Consultation—In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities—

“(1) for assistance in identifying and contacting organizations described in subsection (c); and

“(2) to coordinate appropriate outreach relationships with such organizations.

“(e) Reports—The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item:

Sec. 609 Comptroller General of the United States study on homeless veterans programs of Department of Veterans Affairs

(a)
In general— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall—
(1)
complete a study of programs of the Department of Veterans Affairs that provide assistance to homeless veterans; and
(2)
submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study required by paragraph (1).
(b)
Elements— The study required by subsection (a)(1) shall include the following:
(1)
An assessment of whether programs described in subsection (a) are meeting the needs of veterans who are eligible for assistance provided by such programs, including any gaps or duplication in the provision of services.
(2)
A review of recent efforts of the Secretary of Veterans Affairs to improve the privacy, safety, and security of female veterans receiving assistance from such programs.

Sec. 610 Requirement for Department of Veterans Affairs to assess comprehensive service programs for homeless veterans

(a)
In general— Not later than one year after the date of the enactment of this Act, 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 602(5)(B).
(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).

Sec. 611 Report on outreach relating to increasing the amount of housing available to veterans

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report describing and assessing the outreach conducted by the Secretary to realtors, landlords, property management companies, and developers to educate them about the housing needs of veterans and the benefits of having veterans as tenants.

B Eligibility of homeless veterans for benefits

Sec. 621 Waiver of minimum period of continuous active duty in Armed Forces for certain benefits for homeless veterans

Section 5303A(b)(3) of title 38, United States Code, is amended—
(1)
by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and
(2)
by inserting after subparagraph (E) the following new subparagraph (F):

“(F) to benefits under section 2011, 2012, 2013, 2044, or 2061 of this title;”

Sec. 622 Authorization to furnish certain benefits to homeless veterans with discharges or releases under other than honorable conditions

Section 5303(d) of title 38, United States Code, is amended—
(1)
by striking “not apply to any war-risk insurance” and inserting the following: “not apply to the following:

“(1) Any war-risk insurance”

(2)
by adding at the end the following new paragraph:

“(2) Benefits under section 2011, 2012, 2013, 2044, or 2061 of this title (except for benefits for individuals discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial).”

Sec. 623 Modification of definition of veteran for purposes of providing certain benefits to homeless veterans

Section 2002 of title 38, United States Code, is amended—
(1)
by striking “In this chapter” and inserting “(a) In general.—In this chapter”; and
(2)
by adding at the end the following:

“(b) Veteran defined

“(1) Notwithstanding section 101(2) of this title and except as provided in paragraph (2), for purposes of sections 2011, 2012, 2013, 2044, and 2061 of this title, the term veteran means a person who served in the active military, naval, or air service, regardless of length of service, and who was discharged or released therefrom.

“(2) For purposes of paragraph (1), the term veteran excludes a person who—

“(A) received a dishonorable discharge from the Armed Forces; or

“(B) was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial.”

Sec. 624 Training of personnel of the Department of Veterans Affairs and grant recipients

The Secretary of Veterans Affairs shall conduct a program of training and education to ensure that the following persons are aware of and implement this subtitle and the amendments made by this subtitle:
(1)
Personnel of the Department of Veterans Affairs who are supporting or administering a program under chapter 20 of title 38, United States Code.
(2)
Recipients of grants or other amounts for purposes of carrying out such a program.

Sec. 625 Authorization of per diem payments for furnishing care to dependents of certain homeless veterans

Section 2012(a) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).”

Sec. 626 Regulations

Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations, including such modifications to section 3.12 of title 38, Code of Federal Regulations (or any successor regulation), as the Secretary considers appropriate, to ensure that the Department of Veterans Affairs is in full compliance with this subtitle and the amendments made by this subtitle.

Sec. 627 Effective date

This subtitle and the amendments made by this subtitle shall apply to individuals seeking benefits under chapter 20 of title 38, United States Code, before, on, and after the date of the enactment of this Act.