Volume 106 · 5136
Public Law 102–590
To amend title 38, United States Code, to establish a program to provide certain housing assistance to homeless veterans, to improve certain other programs that provide such assistance, and for other purposes.
Approved November 10, 1992
Statutory text
An Act
To amend title 38, United States Code, to establish a program to provide certain housing assistance to homeless veterans, to improve certain other programs that provide such assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
38 USC 101 note.
This Act may be cited as the “Homeless Veterans Comprehensive Service Programs Act of 1992”.
SEC. 2. PILOT PROGRAM.
In General.—
Subject to the availability of appropriations provided for under section 12, the Secretary of Veterans Affairs shall establish and operate, through September 30, 1995, a pilot program under this Act to expand and improve the provision of benefits and services by the Department of Veterans Affairs to homeless veterans.
Comprehensive Centers.—
The pilot program shall include the establishment of no more than four demonstration programs (in addition to any existing programs providing similar services) at sites under the jurisdiction of the Secretary to be centers for the provision of comprehensive services to homeless veterans. The services to be provided at each site shall include a comprehensive and coordinated array of those specialized services which may be provided under existing law.
Placement of VBA Employees.—
The pilot program shall also include the services of such employees of the Veterans Benefits Administration as the Secretary determines appropriate at—
no more than 45 sites at which the Secretary provides services to homeless chronically mentally ill veterans pursuant to section 115 of Public Law 100–322 (38 U.S.C. 1712 note);
no more than 26 sites at which the Secretary furnishes domiciliary care to homeless veterans pursuant to section 801(b) of Public Law 100–628 (102 Stat. 3257);
no more than 12 centers which provide readjustment counseling services under section 1712A of title 38, United States Code; and
each of the demonstration sites established under subsection (b).
SEC. 3. GRANTS.
Authority To Make Grants.—
Subject to the availability of appropriations provided for under section 12, the Secretary of Veterans Affairs, during fiscal years 1993, 1994, and 1995, shall make grants to assist eligible entities in establishing new programs to finish outreach, rehabilitative services, vocational counseling and training, and transitional housing assistance to homeless veterans.
Criteria for Award of Grants.—
The Secretary shall establish criteria and requirements for the award of a grant under this section, including criteria for entities eligible to receive such grants. The Secretary shall publish such criteria and requirements
Federal Register publication.
in the Federal Register not later than 90 days after the date of the enactment of this Act. In developing such criteria and requirements, the Secretary shall consult with organizations with experience in the area of providing service to homeless veterans and to the maximum extent possible shall take into account the findings of the assessment of the Secretary under section 107 of the Veterans’ Medical Programs Amendments of 1992. The criteria established under this section shall include the following:
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 outreach to, and transportation for, homeless veterans to carry out the purposes set forth in subsection (a).
Specification as to the number of projects for which grant support is available, which shall include provision for no more than 25 service centers and no more than 20 programs which incorporate the procurement of vans as described in paragraph (1).
Appropriate criteria for the staffing for the provision of the services for which a grant under this section is furnished.
Provisions to ensure that the award of 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 balance between urban and nonurban locations.
Provisions to ensure that an entity receiving a grant shall meet fire and safety requirements established by the Secretary, which shall include such State and community requirements that may apply, but fire and safety requirements applicable to buildings of the Federal Government shall not apply to real property to be used by a grantee in carrying out the grant.
Specifications as to the means by which an entity receiving a grant may contribute in-kind services to the start-up costs of any project for which support is sought and the methodology for assigning a cost to that contribution for purposes of subsection (c).
Funding Limitations.—
A grant under this section 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.
Eligible Entities.—
The Secretary may not make a grant under this section unless the applicant for the grant—
is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;
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
has agreed to meet the applicable criteria and requirements established under subsection (b) (and the Secretary has determined that the applicant has demonstrated the capacity to meet those criteria and requirements).
Application Requirement.—
An entity described in subsection (d) desiring to receive assistance under this section shall submit to the Secretary an application. The application shall set forth—
the amount of the grant requested with respect to a project;
a description of the site for such project;
plans, specifications, and the schedule for implementation of such project in accordance with requirements prescribed by the Secretary under subsection (b); and
reasonable assurance that upon completion of the work for which assistance is sought, the program 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 clients who are not receiving such services as veterans.
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:
To provide the services for which the grant is furnished at locations accessible to homeless veterans.
To maintain referral networks for, and aid homeless veterans in, establishing eligibility for assistance, and obtaining services, under available entitlement and assistance programs.
To ensure the confidentiality of records maintained on homeless veterans receiving services under the grant.
To establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant and to such payments as may be made under section 4.
To seek to employ homeless veterans and formerly homeless veterans in positions created for purposes of the grant for which those veterans are qualified.
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 that—
such center shall provide services to homeless veterans during such hours as the Secretary may specify and shall be open to such veterans on an as-needed, unscheduled basis;
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 organizations in assisting homeless veterans served by such center;
such center shall 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 Secretary determines necessary; and
such center may be equipped and staffed to provide, or to assist in providing, job training and job placement services (including job readiness, job counseling, and literacy and skills training), as well as any outreach and case management services that may be necessary to carry out this paragraph.
SEC. 4. PER DIEM PAYMENTS.
Per Diem Payments for Furnishing Services To Homeless Veterans.—
Subject to the availability of appropriations provided for under section 12, the Secretary of Veterans Affairs, pursuant to such criteria as the Secretary shall prescribe, shall provide to a recipient of a grant under section 3 (or an entity eligible to receive a grant under section 3 which after the date of enactment of this Act establishes a program which the Secretary determines carries out the purposes described in section 3) per diem payments at such rates as the Secretary shall prescribe by regulation for services furnished to any homeless veteran—
whom the Secretary has referred to the grant recipient (or entity eligible for such a grant); or
for whom the Secretary has authorized the provision of services.
In a case in which the Secretary has authorized the provision of services, per diem payments may be paid retroactively for services provided not more than 3 days before the authorization was provided.
Limitation.—
The amount of per diem payments made with respect to a veteran under this section may not exceed one-half of the cost to the grant recipient (or other eligible entity) of providing such service.
In-Kind Assistance.—
In lieu of per diem payments under this section, the Secretary may, with the approval of the grant recipient, provide in-kind assistance (through the services of Department employees and the use of other Department resources) to a grant recipient (or entity eligible for such a grant) under section 3.
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 standards as the Secretary shall prescribe.
SEC. 5. OUTREACH SERVICES.
Section 7722 of title 38, United States Code, is amended by adding at the end thereof the following:
“(e) In carrying out this section, the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for homeless veterans. Such outreach services may include site visits through which homeless veterans can be identified and provided assistance in obtaining benefits and services that may be available to them.”.
SEC. 6. EXPANSION OF PROGRAMS FOR HOMELESS VETERANS.
Section 801 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100–628; 102 Stat. 3257) is amended in subsection (c), by striking out “to homeless” and inserting in lieu thereof “with a primary emphasis on those homeless”.
SEC. 7. AUTHORITY TO LEASE CERTAIN PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS FOR EXTENDED LEASE TERMS.
Authority.—
Notwithstanding section 8122(a)(1) of title 38, United States Code, and subject to subsection (b), the Secretary of Veterans Affairs may lease to a representative of the homeless for a term in excess of three years any real property at the West Los Angeles Veterans Affairs Medical Center for which an application of the representative for the use of the property has been approved by the Secretary of Health and Human Services under section 501(e) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(e)). Any such lease shall be subject to the provisions of section 501(f) of such Act (42 U.S.C. 11411(f)).
Limitation.—
The Secretary may not lease real property under subsection (a) for a term in excess of three years to a representative of the homeless unless the representative agrees to use the property only as a location for the provision of services to homeless veterans and the families of such veterans.
Definition.—
In this section, the term “representative of the homeless” has the meaning given such term in section 501(h)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4)).
SEC. 8. AUTHORITY TO MAKE PROPERTIES AVAILABLE FOR HOME LESS PURPOSES.
Lease or Donation.—
Section 3735(a) of title 38, United States Code, is amended—
in paragraph (2)—
by inserting “, lease, lease with an option to purchase, or donate” after “sell”; and
by inserting “or lease or donation” after “sale”;
in paragraph (3)(B), by inserting “, leased, or donated” after “sold”;
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following new para graphs:
“(4) The term of any lease under this subsection may not exceed three years.
“(5) An approved entity that leases a property from the Secretary under this section shall be responsible for the payment of any taxes, utilities, liability insurance, and other maintenance charges or similar charges that apply to the property.”.
Extension of Authority.—
Section 3735(b) of such title is amended by striking out “September 30, 1993” and inserting in lieu thereof “December 31, 1995”.
SEC. 9. FINANCING OF PROPERTIES TO ASSIST HOMELESS VETERANS.
Financing.—
Section 3735 of title 38, United States Code (as amended by section 8), is further amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (b):
“(b) (1) Subject to paragraphs (2) and (3), the Secretary may make loans to organizations described in paragraph (1)(A) of subsection (a) to finance the purchase of property by such organizations under such subsection.
“(2) In making a loan under this subsection, the Secretary—
“(A) shall establish credit standards to be used for this purpose;
“(B) may, pursuant to section 3733(a)(6) of this title, provide that the loan will bear interest at a rate below the rate that prevails for similar loans in the market in which the loan is made; and
“(C) may waive the collection of a fee under section 3729 of this title in any case in which the Secretary determines that such a waiver would be appropriate.”.
SEC. 10. ANNUAL REPORTS.
Not later than May 1 of each of 1994, 1995, and 1996, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementation of this Act. Each such report shall, to the extent feasible, include information on (1) the number of veterans assisted, (2) the services provided, and (3) the Secretary’s analysis of the operational and clinical effectiveness and cost effectiveness of the programs established under, or with assistance provided by, this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS’ REINTEGRATION PROJECTS.
Authorization of Appropriations.—
Section 738 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11448) is amended by adding at the end the following new subsection:
“(e) Authorization of Appropriations.—
(1) There are authorized to be appropriated to carry out this section the following amounts:
“(A) $10,000,000 for fiscal year 1993.
“(B) $12,000,000 for fiscal year 1994.
“(C) $14,000,000 for fiscal year 1995.
“(2) Funds obligated for any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.”.
Conforming Amendments.—
Section 739 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11449) is amended—
in subsection (a)(3)—
by striking out “$17,000,000” and inserting in lieu thereof “$14,800,000”; and
by striking out “1993,” and all that follows through “this subtitle” and inserting in lieu thereof “1993”; and
(B) in subsection (b), by striking out “other than section 738 of this subtitle and for the program under section 738 of this subtitle”.
Section 741 of such Act (42 U.S.C. 11451) is amended
42 USC 11450.
by inserting “738 and” before “740”.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act (other than section 8) $48,000,000 for each of the fiscal years 1993, 1994, and 1995. No funds may be used to carry out the provisions of sections 2, 3, and 4 of this Act unless expressly provided for in an appropriation law. Nothing in this Act shall be construed to diminish funds for, continuation of, or expansion of existing programs administered by the Secretary of Veterans Affairs to serve veterans.
Approved November 10, 1992.