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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 20 — Benefits for Homeless Veterans

§ 2041. Housing assistance for homeless veterans

Statutory text

(a)
(1)

To assist homeless veterans and their families in acquiring shelter or permanent housing, the Secretary may enter into agreements described in paragraph (2) with—

(A)

nonprofit organizations, with preference being given to any organization that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title; or

(B)

any State or tribal entity, or any political subdivision thereof.

(2)

To carry out paragraph (1), the Secretary may enter into agreements to sell, lease, lease with an option to purchase, or donate real property, and improvements thereon, acquired by the Secretary as the result of a default on a loan made, insured, or guaranteed under this chapter. Such sale or lease or donation shall be for such consideration as the Secretary determines is in the best interests of homeless veterans and the Federal Government.

(3)

The Secretary may enter into an agreement under paragraph (1) of this subsection only if—

(A)

the Secretary determines that such an action will not adversely affect the ability of the Department—

(i)

to fulfill its statutory missions with respect to the Department loan guaranty program and the short- and long-term solvency of the Veterans Housing Benefit Program Fund established under section 3722 of this title; or

(ii)

to carry out other functions and administer other programs authorized by law;

(B)

the entity to which the property is sold, leased, or donated agrees to—

(i)
(I)

utilize the property solely as a shelter or permanent housing primarily for homeless veterans and their families; or

(II)

sell or rent the property directly to homeless veterans or veterans at risk of homelessness;

(ii)

comply with all zoning laws relating to the property;

(iii)

make no use of the property that is not compatible with the area where the property is located; and

(iv)

take such other actions as the Secretary determines are necessary or appropriate in the best interests of homeless veterans and the Federal Government; and

(C)

the Secretary determines that there is no significant likelihood of the property being sold for a price sufficient to reduce the liability of the Department or the veteran who defaulted on the loan.

(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.

(6)

Any agreement, deed, or other instrument executed by the Secretary under this subsection shall be on such terms and conditions as the Secretary determines to be appropriate and necessary to carry out the purpose of such agreement.

(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.

(c)

The Secretary may not enter into agreements under subsection (a) after .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 102–54 § 9(a) · 105 Stat. 267

    Enacted · 38 U.S.C. § 2041

    Added Pub. L. 102–54, § 9(a), June 13, 1991, 105 Stat. 272, § 1835

    Source evidence

    Code source credit
    Added Pub. L. 102–54, § 9(a), June 13, 1991, 105 Stat. 272, § 1835

    Enacted provision · exact public law section
    (a) In General.— Subchapter III of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section:

  2. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2041

    Pub. L. 102–83 renumbered section 1835 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1835 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  3. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 8(a)(1) · 106 Stat. 5136

    Inserted · 38 U.S.C. § 2041(a)(2)

    Pub. L. 102–590, § 8(a)(1), inserted “, lease, lease with an option to purchase, or donate” after “sell” and “or lease or donation” after “sale”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–590, § 8(a)(1), inserted “, lease, lease with an option to purchase, or donate” after “sell” and “or lease or donation” after “sale”.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) by inserting “, lease, lease with an option to purchase, or donate” after “sell”; and (B) by inserting “or lease or donation” after “sale”;

  4. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 8(a)(2) · 106 Stat. 5136

    Inserted · 38 U.S.C. § 2041(a)(3)(B)

    Pub. L. 102–590, § 8(a)(2), inserted “, leased, or donated” after “sold” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 102–590, § 8(a)(2), inserted “, leased, or donated” after “sold” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (3)(B), by inserting “, leased, or donated” after “sold”;

  5. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 8(a)(3) · 106 Stat. 5136

    1. Added · 38 U.S.C. § 2041(a)(4)(6)

      Pub. L. 102–590, § 8(a)(3), (4), added pars. (4) and (5)

    2. Redesignated · 38 U.S.C. § 2041(a)(4)(6)

      Pub. L. 102–590, § 8(a)(3), (4), redesignated former par. (4) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (6). Pub. L. 102–590, § 8(a)(3), (4), added pars. (4) and (5) and redesignated former par. (4) as (6).

    Enacted provision · exact public law section
    (3) by redesignating paragraph (4) as paragraph (6); and

  6. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 9(a)(2) · 106 Stat. 5136

    Redesignated · 38 U.S.C. § 2041(b)

    Pub. L. 102–590, § 9(a)(2), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–590, § 9(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (2) 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.”.

  7. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 8(b) · 106 Stat. 5136

    Substituted · 38 U.S.C. § 2041(b)

    Pub. L. 102–590, § 8(b), substituted “December 31, 1995” for “September 30, 1993”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–590, § 8(b), substituted “December 31, 1995” for “September 30, 1993”.

    Enacted provision · exact public law section
    (b) 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”.

  8. Homeless Veterans Comprehensive Service Programs Act of 1992

    Pub. L. 102–590 § 9(a)(1) · 106 Stat. 5136

    Redesignated · 38 U.S.C. § 2041(c)

    Pub. L. 102–590, § 9(a)(1), redesignated subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–590, § 9(a)(1), redesignated subsec. (b) as (c).

    Enacted provision · exact public law section
    (1) by redesignating subsection (b) as subsection (c); and

  9. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(d)(13) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 2041(a)(1)(A)

    Pub. L. 103–446 substituted “section 5902” for “section 3402”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 103–446 substituted “section 5902” for “section 3402”.

    Enacted provision · exact public law section
    (13) Section 3735(a)(1)(A) is amended by striking out “section 3402” and inserting in lieu thereof “section 5902”.

  10. Pub. L. 104–110 title I § 101(h) · 110 Stat. 768

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”.

    Enacted provision · exact public law section
    (h) Agreements for Housing Assistance for Homeless Veterans.— Section 3735(c) of such title is amended by striking out “December 31, 1995” and inserting in lieu thereof “December 31, 1997”.

  11. Pub. L. 105–114 title II § 203(a) · 111 Stat. 2277

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 105–114 substituted “December 31, 1999” for “December 31, 1997”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–114 substituted “December 31, 1999” for “December 31, 1997”.

    Enacted provision · exact public law section
    (a) Agreements for Housing Assistance for Homeless Veterans.— Section 3735(c) is amended by striking out “December 31, 1997” and inserting in lieu thereof “December 31, 1999”.

  12. Pub. L. 105–368 title VI § 602(e)(1)(G) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2041(a)(3)(A)(i)

    Pub. L. 105–368 substituted “Veterans Housing Benefit Program Fund” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(i). Pub. L. 105–368 substituted “Veterans Housing Benefit Program Fund” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund”.

    Enacted provision · exact public law section
    (G) Section 3735(a)(3)(A)(i) is amended by striking “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund” and inserting “Veterans Housing Benefit Program Fund”.

    Effective date note
    Amendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

  13. Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title IX § 902 · 113 Stat. 1545

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 106–117 substituted “December 31, 2003” for “December 31, 1999”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–117 substituted “December 31, 2003” for “December 31, 1999”.

    Enacted provision · exact public law section
    SEC. 902. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR HOMELESS VETERANS. Section 3735(c) is amended by striking “December 31, 1999” and inserting “December 31, 2003”.

  14. Pub. L. 107–95 § 5(c) · 115 Stat. 903

    Changed · 38 U.S.C. § 2041

    Pub. L. 107–95 renumbered section 3735 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 107–95 renumbered section 3735 of this title as this section.

    Enacted provision · exact public law section
    (c) Housing Assistance.— Section 3735 is transferred to chapter 20 (as added by subsection (a)), inserted after the heading for subchapter V, and redesignated as section 2041.

  15. Pub. L. 108–170 title IV § 404 · 117 Stat. 2042

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 108–170 substituted “December 31, 2008” for “December 31, 2003”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–170 substituted “December 31, 2008” for “December 31, 2003”.

    Enacted provision · exact public law section
    SEC. 404. FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “December 31, 2003” and inserting “December 31, 2008”.

  16. Pub. L. 109–444 § 8(a)(5) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 2041(a)(3)(A)(i)

    Pub. L. 109–444, which substituted “established under section 3722 of this title” for “under this chapter”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–444, which substituted “established under section 3722 of this title” for “under this chapter”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (5) Cross reference correction.— Section 2041(a)(3)(A)(i) is amended by striking “under this chapter” and inserting “established under section 3722 of this title”.

  17. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 2041(a)(3)(A)(i)

    Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(i). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

    Enacted provision · exact public law section
    (b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.

  18. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1004(a)(5) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 2041(a)(3)(A)(i)

    Pub. L. 109–461, § 1004(a)(5), substituted “established under section 3722 of this title” for “under this chapter”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–461, § 1004(a)(5), substituted “established under section 3722 of this title” for “under this chapter”.

    Enacted provision · exact public law section
    (5) Cross reference correction.— Section 2041(a)(3)(A)(i) is amended by striking “under this chapter” and inserting “established under section 3722 of this title”.

  19. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 705 · 120 Stat. 3403

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 109–461, § 705, substituted “December 31, 2011” for “December 31, 2008”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–461, § 705, substituted “December 31, 2011” for “December 31, 2008”.

    Enacted provision · exact public law section
    SEC. 705. EXTENSION OF AUTHORITY FOR TRANSFER OF PROPERTIES OBTAINED THROUGH FORECLOSURE OF HOME MORTGAGES.   Section 2041(c) is amended by striking “December 31, 2008” and inserting “December 31, 2011”.

  20. Veterans Health Care Facilities Capital Improvement Act of 2011

    Pub. L. 112–37 § 10(e) · 125 Stat. 397

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 112–37 substituted “December 31, 2012” for “December 31, 2011”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–37 substituted “December 31, 2012” for “December 31, 2011”.

    Enacted provision · exact public law section
    (e) Housing Assistance for Homeless Veterans.— Section 2041(c) of such title is amended by striking “December 31, 2011” and inserting “December 31, 2012”.

  21. VA Major Construction Authorization and Expiring Authorities Extension Act of 2012

    Pub. L. 112–191 title II § 205 · 126 Stat. 1437

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 112–191 substituted “December 31, 2013” for “December 31, 2012”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–191 substituted “December 31, 2013” for “December 31, 2012”.

    Enacted provision · exact public law section
    SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “December 31, 2012” and inserting “December 31, 2013”.

  22. VA Expiring Authorities Extension Act of 2013

    Pub. L. 113–59 § 10 · 127 Stat. 658

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 113–59 substituted “December 31, 2014” for “December 31, 2013”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–59 substituted “December 31, 2014” for “December 31, 2013”.

    Enacted provision · exact public law section
    SEC. 10. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “December 31, 2013” and inserting “December 31, 2014”.

  23. Department of Veterans Affairs Expiring Authorities Act of 2014

    Pub. L. 113–175 title II § 205 · 128 Stat. 1901

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 113–175 substituted “September 30, 2015” for “December 31, 2014”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–175 substituted “September 30, 2015” for “December 31, 2014”.

    Enacted provision · exact public law section
    SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “December 31, 2014” and inserting “September 30, 2015”.

  24. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 title III § 303 · 129 Stat. 530

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 114–58 substituted “September 30, 2016” for “September 30, 2015”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–58 substituted “September 30, 2016” for “September 30, 2015”.

    Enacted provision · exact public law section
    SEC. 303. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “September 30, 2015” and inserting “September 30, 2016”.

  25. Department of Veterans Affairs Expiring Authorities Act of 2016

    Pub. L. 114–228 title III § 304 · 130 Stat. 935

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016”.

    Enacted provision · exact public law section
    SEC. 304. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS.   Section 2041(c) is amended by striking “September 30, 2016” and inserting “September 30, 2017”.

  26. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(a)(1)(A) · 136 Stat. 4459

    Inserted · 38 U.S.C. § 2041(a)(1)

    Pub. L. 117–328, § 304(a)(1)(A), inserted “or permanent housing” after “shelter” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–328, § 304(a)(1)(A), inserted “or permanent housing” after “shelter” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  27. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(a)(1)(B) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 2041(a)(1)(A)

    Pub. L. 117–328, § 304(a)(1)(B), substituted “that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title” for “named in, or approved by the Secretary under, section 5902 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 117–328, § 304(a)(1)(B), substituted “that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title” for “named in, or approved by the Secretary under, section 5902 of this title”.

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  28. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(a)(1)(C) · 136 Stat. 4459

    Inserted · 38 U.S.C. § 2041(a)(1)(B)

    Pub. L. 117–328, § 304(a)(1)(C), inserted “or tribal entity,” after “State”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 117–328, § 304(a)(1)(C), inserted “or tribal entity,” after “State”.

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  29. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(a)(2)(A) · 136 Stat. 4459

    1. Amended · 38 U.S.C. § 2041(a)(3)(B)(i)

      Pub. L. 117–328, § 304(a)(2)(A), designated existing provisions as subcl. (I)

    2. Inserted · 38 U.S.C. § 2041(a)(3)(B)(i)

      Pub. L. 117–328, § 304(a)(2)(A), inserted “or permanent housing” after “shelter”

    3. Substituted · 38 U.S.C. § 2041(a)(3)(B)(i)

      Pub. L. 117–328, § 304(a)(2)(A), substituted “; or” for comma at end

    4. Added · 38 U.S.C. § 2041(a)(3)(B)(i)

      Pub. L. 117–328, § 304(a)(2)(A), added subcl. (II)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(i). Pub. L. 117–328, § 304(a)(2)(A), designated existing provisions as subcl. (I), inserted “or permanent housing” after “shelter”, substituted “; or” for comma at end, and added subcl. (II).

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  30. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(a)(2)(B) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 2041(a)(3)(B)(ii); 38 U.S.C. § 2041(a)(3)(B)(iii)

    Pub. L. 117–328, § 304(a)(2)(B), substituted semicolons for commas

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii), (iii). Pub. L. 117–328, § 304(a)(2)(B), substituted semicolons for commas.

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  31. Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 304(b) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 117–328, § 304(b), substituted “September 30, 2026” for “September 30, 2017”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–328, § 304(b), substituted “September 30, 2026” for “September 30, 2017”.

    Enacted provision · exact public law section
    Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

  32. Pub. L. 119–103 div. D title III § 4303 · 140 Stat. 1008

    Substituted · 38 U.S.C. § 2041(c)

    Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”

    Unresolved: Pub. L. 119–103 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”.

35 of 36 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments1991–2026 · 18 rounds

2026

Subsec. (c). Pub. L. 119–103 substituted “” for “”.

2022

Subsec. (a)(1). Pub. L. 117–328, § 304(a)(1)(A), inserted “or permanent housing” after “shelter” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 117–328, § 304(a)(1)(B), substituted “that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title” for “named in, or approved by the Secretary under, section 5902 of this title”.

Subsec. (a)(1)(B). Pub. L. 117–328, § 304(a)(1)(C), inserted “or tribal entity,” after “State”.

Subsec. (a)(3)(B)(i). Pub. L. 117–328, § 304(a)(2)(A), designated existing provisions as subcl. (I), inserted “or permanent housing” after “shelter”, substituted “; or” for comma at end, and added subcl. (II).

Subsec. (a)(3)(B)(ii), (iii). Pub. L. 117–328, § 304(a)(2)(B), substituted semicolons for commas.

Subsec. (c). Pub. L. 117–328, § 304(b), substituted “” for “”.

2016

Subsec. (c). Pub. L. 114–228 substituted “” for “”.

2015

Subsec. (c). Pub. L. 114–58 substituted “” for “”.

2014

Subsec. (c). Pub. L. 113–175 substituted “” for “”.

2013

Subsec. (c). Pub. L. 113–59 substituted “” for “”.

2012

Subsec. (c). Pub. L. 112–191 substituted “” for “”.

2011

Subsec. (c). Pub. L. 112–37 substituted “” for “”.

2006

Subsec. (a)(3)(A)(i). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, § 1004(a)(5), substituted “established under section 3722 of this title” for “under this chapter”.

Pub. L. 109–444, which substituted “established under section 3722 of this title” for “under this chapter”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, § 705, substituted “” for “”.

2003

Subsec. (c). Pub. L. 108–170 substituted “” for “”.

2001

Pub. L. 107–95 renumbered section 3735 of this title as this section.

1999

Subsec. (c). Pub. L. 106–117 substituted “” for “”.

1998

Subsec. (a)(3)(A)(i). Pub. L. 105–368 substituted “Veterans Housing Benefit Program Fund” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund”.

1997

Subsec. (c). Pub. L. 105–114 substituted “” for “”.

1996

Subsec. (c). Pub. L. 104–110 substituted “” for “”.

1994

Subsec. (a)(1)(A). Pub. L. 103–446 substituted “section 5902” for “section 3402”.

1992

Subsec. (a)(2). Pub. L. 102–590, § 8(a)(1), inserted “, lease, lease with an option to purchase, or donate” after “sell” and “or lease or donation” after “sale”.

Subsec. (a)(3)(B). Pub. L. 102–590, § 8(a)(2), inserted “, leased, or donated” after “sold” in introductory provisions.

Subsec. (a)(4) to (6). Pub. L. 102–590, § 8(a)(3), (4), added pars. (4) and (5) and redesignated former par. (4) as (6).

Subsec. (b). Pub. L. 102–590, § 9(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 102–590, § 8(b), substituted “” for “”.

Subsec. (c). Pub. L. 102–590, § 9(a)(1), redesignated subsec. (b) as (c).

1991

Pub. L. 102–83 renumbered section 1835 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective , see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

Support for Aging Veterans at Risk of or Experiencing Homelessness

Pub. L. 117–328, div. U, title I, § 164, , 136 Stat. 5431, provided that:

“(a)

In General.—

The Secretary of Veterans Affairs shall work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-Department providers in the community.

“(b)

Payment for Services.—

The Secretary may, and is encouraged to, pay for services for aging homeless veterans described in subsection (a).”

Department of Veterans Affairs Sharing of Information Relating to Coordinated Entry Processes for Housing and Services Operated Under Department of Housing and Urban Development Continuum of Care Program

Pub. L. 117–328, div. U, title III, § 307, , 136 Stat. 5472, provided that:

“(a)

In General.—

The Under Secretary for Health of the Department of Veterans Affairs shall—

“(1)

provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and

“(2)

ensure that such information, and other resources the Under Secretary determines are appropriate, are accessible to such staff and providers.

“(b)

Information Described.—

The information described in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homelessness service providers of the Department, and local partners (including local offices of the Department of Housing and Urban Development or public housing agencies, and private and public local community organizations) on the centralized or coordinated assessment systems established and operated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, including making referrals and sharing data, as the Under Secretary determines appropriate.”

System for Sharing and Reporting Data

Pub. L. 117–328, div. U, title III, § 309, , 136 Stat. 5473, provided that:

“(a)

In General.—

The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall work together to develop a system for effectively sharing and reporting data between the community-wide homeless management information system described in section 402(f)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(3)) and the Homeless Operations Management and Evaluation System of the Department of Veterans Affairs.

“(b)

Deadline.—

The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall ensure that the system developed under subsection (a) is operational not later than three years after the date of the enactment of this Act [].”

Availability of Telehealth for Case Managers and Homeless Veterans

Pub. L. 116–136, div. B, title X, § 20011, , 134 Stat. 589, provided that: “The Secretary of Veterans Affairs shall ensure that telehealth capabilities are available during a public health emergency for case managers of, and homeless veterans participating in, the Department of Housing and Urban Development–Department of Veterans Affairs Supportive Housing program (commonly referred to as ‘HUD–VASH’).”

[For definition of “public health emergency” as used in section 20011 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.]

Collaboration in Provision of Case Management Services to Homeless Veterans in Supported Housing Program

Pub. L. 112–154, title III, § 304, , 126 Stat. 1185, as amended by Pub. L. 116–315, title IV, § 4207(a), , 134 Stat. 5015; Pub. L. 117–328, div. U, title III, § 306, , 136 Stat. 5472, provided that:

“(a)

In General.—

(1)

The Secretary of Veterans Affairs shall consider entering into contracts or agreements, under sections 513 and 8153 of title 38, United States Code, with eligible entities to collaborate with the Secretary in the provision of case management services to covered veterans as part of the supported housing program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) to ensure that the homeless veterans facing the most significant difficulties in obtaining suitable housing receive the assistance they require to obtain such housing.

“(2)
(A)

The director of each covered medical center shall seek to enter into one or more contracts or agreements described in paragraph (1).

“(B)

Any contract or agreement under subparagraph (A) may require that each case manager employed by an eligible entity who performs services under the contract or agreement has credentials equivalent to the credentials required for a case manager of the Department.

“(C)
(i)

The Secretary may waive the requirement under subparagraph (A) with respect to a covered medical center if the Secretary determines that fulfilling such requirement is infeasible.

“(ii)

If the Secretary grants a waiver under clause (i), the Secretary shall, not later than 90 days after granting such waiver, submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing—

“(I)

an explanation of the determination made under clause (i);

“(II)

a plan to increase the number of case managers of the Department; and

“(III)

a plan for the covered medical center to increase use of housing vouchers allocated to that medical center under the program described in paragraph (1).

“(D)

In this paragraph, the term ‘covered medical center’ means a medical center of the Department with respect to which the Secretary determines that—

“(i)

more than 15 percent of all housing vouchers allocated to that medical center under the program described in paragraph (1) during the fiscal year preceding the fiscal year in which such determination was made were unused due to a lack of case management services provided by the Secretary; and

“(ii)

one or more case manager positions have been vacant for at least nine consecutive months immediately preceding the date of such determination.

“(b)

Covered Veterans.—

For purposes of this section, a covered veteran is any veteran who, at the time of receipt of a housing voucher under such section 8(o)(19)—

“(1)

requires the assistance of a case manager in obtaining suitable housing with such voucher; and

“(2)

is having difficulty obtaining the amount of such assistance the veteran requires.

“(c)

Eligible Entities.—

For purposes of this section, an eligible entity is any State or local government agency, tribal organization (as such term is defined in section 4 of the Indian Self[-]Determination and Education Assistance Act (25 U.S.C. 450b) [now 25 U.S.C. 5304]), or nonprofit organization that—

“(1)

under a contract or agreement described in subsection (a), agrees—

“(A)

to ensure access to case management services by covered veterans on an as-needed basis;

“(B)

to maintain referral networks for covered veterans for purposes of assisting covered veterans in demonstrating eligibility for assistance and additional services under entitlement and assistance programs available for covered veterans, and to otherwise aid covered veterans in obtaining such assistance and services;

“(C)

to ensure the confidentiality of records maintained by the entity on covered veterans receiving services through the supported housing program described in subsection (a);

“(D)

to establish such procedures for fiscal control and fund accounting as the Secretary of Veterans Affairs considers appropriate to ensure proper disbursement and accounting of funds under a contract or agreement entered into by the entity as described in subsection (a);

“(E)

to submit to the Secretary each year, in such form and such manner as the Secretary may require, a report on the collaboration undertaken by the entity under a contract or agreement described in such subsection during the most recent fiscal year, including a description of, for the year covered by the report—

“(i)

the services and assistance provided to covered veterans as part of such collaboration;

“(ii)

the process by which covered veterans were referred to the entity for such services and assistance;

“(iii)

the specific goals jointly set by the entity and the Secretary for the provision of such services and assistance and whether the entity achieved such goals; and

“(iv)

the average length of time taken by a covered veteran who received such services and assistance to successfully obtain suitable housing and the average retention rate of such a veteran in such housing; and

“(F)

to meet such other requirements as the Secretary considers appropriate for purposes of providing assistance to covered veterans in obtaining suitable housing; and

“(2)

has demonstrated experience in—

“(A)

identifying and serving homeless veterans, especially those who have the greatest difficulty obtaining suitable housing;

“(B)

providing case management services to veterans for obtaining suitable housing at varying locations nationwide or in the area or areas similar to where the services will be provided under the relevant contract or agreement;

“(C)

working collaboratively with the Department of Veterans Affairs or the Department of Housing and Urban Development;

“(D)

conducting outreach to, and maintaining relationships with, landlords to encourage and facilitate participation by landlords in supported housing programs similar to the supported housing program described in subsection (a);

“(E)

mediating disputes between landlords and veterans receiving assistance under such supported housing program; and

“(F)

carrying out such other activities as the Secretary of Veterans Affairs considers appropriate.

“(d)

Consultation.—

In considering entering into contracts or agreements as described in subsection (a), the Secretary of Veterans Affairs shall consult with—

“(1)

the Secretary of Housing and Urban Development; and

“(2)

third parties that provide services as part of the Department of Housing and Urban Development continuum of care.

“(e)

Technical Assistance for Collaborating Entities.—

“(1)

In general.—

The Secretary may provide training and technical assistance to entities with whom the Secretary collaborates in the provision of case management services to veterans as part of the supported housing program described in subsection (a).

“(2)

Grants.—

The Secretary may provide training and technical assistance under paragraph (1) through the award of grants or contracts to appropriate public and nonprofit private entities.

“(3)

Funding.—

From amounts appropriated or otherwise made available to the Secretary in the Medical Services account in a year, $500,000 shall be available to the Secretary in that year to carry out this subsection.

“(f)

Annual Report.—

“(1)

In general.—

Not later than 545 days after the date of the enactment of this Act [] and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the collaboration between the Secretary and eligible entities in the provision of case management services as described in subsection (a) during the most recently completed fiscal year.

“(2)

Elements.—

Each report required by paragraph (1) shall include, for the period covered by the report, the following:

“(A)

A discussion of each case in which a contract or agreement described in subsection (a) was considered by the Secretary, including a description of whether or not and why the Secretary chose or did not choose to enter into such contract or agreement.

“(B)

The number and types of eligible entities with whom the Secretary has entered into a contract or agreement as described in subsection (a).

“(C)

A description of the geographic regions in which such entities provide case management services as described in such subsection.

“(D)

A description of the number and types of covered veterans who received case management services from such entities under such contracts or agreements.

“(E)

An assessment of the performance of each eligible entity with whom the Secretary entered into a contract or agreement as described in subsection (a).

“(F)

An assessment of the benefits to covered veterans of such contracts and agreements.

“(G)

A discussion of the benefits of increasing the ratio of case managers to recipients of vouchers under the supported housing program described in such subsection to veterans who reside in rural areas.

“(H)

Such recommendations for legislative or administrative action as the Secretary considers appropriate for the improvement of collaboration in the provision of case management services under such supported housing program.”

[Pub. L. 117–328, § 306, which directed amendment of section “304(c)(2)(A)” of Pub. L. 112–154, set out above, by adding subpar. (B) and redesignating former subpars. (B) to (E) as (C) to (F), respectively, was executed to section 304(c)(2) of Pub. L. 112–154, to reflect the probable intent of Congress.]

[Pub. L. 116–315, title IV, § 4207(b), , 134 Stat. 5015, provided that: “The amendments made by this section [amending section 304 of Pub. L. 112–154, set out above] shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act [].” ]

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before , under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on , considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.

Credits

1991–2026 · 20 acts
  1. 1991Added Pub. L. 102–54, § 9(a), , 105 Stat. 272, § 1835
  2. 1991renumbered § 3735, Pub. L. 102–83, § 5(a), , 105 Stat. 406
  3. 1992amended Pub. L. 102–590, §§ 8, 9, , 106 Stat. 5140
  4. 1994Pub. L. 103–446, title XII, § 1201(d)(13), , 108 Stat. 4684
  5. 1996Pub. L. 104–110, title I, § 101(h), , 110 Stat. 768
  6. 1997Pub. L. 105–114, title II, § 203(a), , 111 Stat. 2288
  7. 1998Pub. L. 105–368, title VI, § 602(e)(1)(G), , 112 Stat. 3347
  8. 1999Pub. L. 106–117, title IX, § 902, , 113 Stat. 1587
  9. 2001renumbered § 2041, Pub. L. 107–95, § 5(c), , 115 Stat. 918
  10. 2003Pub. L. 108–170, title IV, § 404, , 117 Stat. 2063
  11. 2006Pub. L. 109–444, § 8(a)(5), , 120 Stat. 3313
  12. 2006Pub. L. 109–461, title VII, § 705, title X, §§ 1004(a)(5), 1006(b), , 120 Stat. 3440, 3465, 3468
  13. 2011Pub. L. 112–37, § 10(e), , 125 Stat. 397
  14. 2012Pub. L. 112–191, title II, § 205, , 126 Stat. 1439
  15. 2013Pub. L. 113–59, § 10, , 127 Stat. 662
  16. 2014Pub. L. 113–175, title II, § 205, , 128 Stat. 1904
  17. 2015Pub. L. 114–58, title III, § 303, , 129 Stat. 534
  18. 2016Pub. L. 114–228, title III, § 304, , 130 Stat. 939
  19. 2022Pub. L. 117–328, div. U, title III, § 304, , 136 Stat. 5470
  20. 2026Pub. L. 119–103, div. D, title III, § 4303, , 140 Stat. 1008.
Show as published

(Added Pub. L. 102–54, § 9(a), , 105 Stat. 272, § 1835; renumbered § 3735, Pub. L. 102–83, § 5(a), , 105 Stat. 406; amended Pub. L. 102–590, §§ 8, 9, , 106 Stat. 5140; Pub. L. 103–446, title XII, § 1201(d)(13), , 108 Stat. 4684; Pub. L. 104–110, title I, § 101(h), , 110 Stat. 768; Pub. L. 105–114, title II, § 203(a), , 111 Stat. 2288; Pub. L. 105–368, title VI, § 602(e)(1)(G), , 112 Stat. 3347; Pub. L. 106–117, title IX, § 902, , 113 Stat. 1587; renumbered § 2041, Pub. L. 107–95, § 5(c), , 115 Stat. 918; Pub. L. 108–170, title IV, § 404, , 117 Stat. 2063; Pub. L. 109–444, § 8(a)(5), , 120 Stat. 3313; Pub. L. 109–461, title VII, § 705, title X, §§ 1004(a)(5), 1006(b), , 120 Stat. 3440, 3465, 3468; Pub. L. 112–37, § 10(e), , 125 Stat. 397; Pub. L. 112–191, title II, § 205, , 126 Stat. 1439; Pub. L. 113–59, § 10, , 127 Stat. 662; Pub. L. 113–175, title II, § 205, , 128 Stat. 1904; Pub. L. 114–58, title III, § 303, , 129 Stat. 534; Pub. L. 114–228, title III, § 304, , 130 Stat. 939; Pub. L. 117–328, div. U, title III, § 304, , 136 Stat. 5470; Pub. L. 119–103, div. D, title III, § 4303, , 140 Stat. 1008.)

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USLM identifier /us/usc/t38/s2041