SUBCHAPTER I—PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS
§2001. Purpose
The purpose of this chapter is to provide for the special needs of homeless veterans.
(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 905.)
Editorial Notes
Prior Provisions
A prior section 2001 was renumbered section 4101 of this title.
Another prior section 2001, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, related to compensation for veterans under agreements with States, prior to repeal by section 1(a) of Pub. L. 87–675.
Statutory Notes and Related Subsidiaries
Annual Reports
Pub. L. 116–283, div. H, title XCI, §9103(c), Jan. 1, 2021, 134 Stat. 4781, provided that:
"(1) In general.—Not less frequently than once each year, 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 on the homelessness services provided under programs of the Department of Veterans Affairs, including services under HUD–VASH program under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
"(2) Included information.—Each such annual report shall include, with respect to the year preceding the submittal of the report, a statement of the number of eligible individuals who were furnished such homelessness services and the number of individuals furnished such services under each such program, disaggregated by the number of men who received such services and the number of women who received such services, and such other information as the Secretary considers appropriate."
National Goal To End Homelessness Among Veterans
Pub. L. 109–461, title VII, §701, Dec. 22, 2006, 120 Stat. 3439, provided that:
"(a) Reaffirmation.—Congress reaffirms the national goal to end chronic homelessness among veterans within a decade of the enactment of the Homeless Veterans Comprehensive Assistance Act of 2001 (Public Law 107–95; 115 Stat. 903) [Dec. 21, 2001].
"(b) Reaffirmation of Encouragement of Cooperative Efforts.—Congress reaffirms its encouragement, as specified in the Homeless Veterans Comprehensive Assistance Act of 2001 (Public Law 107–95; 115 Stat. 903), that all departments and agencies of the Federal, State, and local governments, quasi-governmental organizations, private and public sector entities, including community-based organizations, faith-based organizations, and individuals, work cooperatively to end chronic homelessness among veterans."
Pub. L. 107–95, §3, Dec. 21, 2001, 115 Stat. 903, provided that:
"(a) National Goal.—Congress hereby declares it to be a national goal to end chronic homelessness among veterans within a decade of the enactment of this Act [Dec. 21, 2001].
"(b) Cooperative Efforts Encouraged.—Congress hereby encourages all departments and agencies of Federal, State, and local governments, quasi-governmental organizations, private and public sector entities, including community-based organizations, faith-based organizations, and individuals to work cooperatively to end chronic homelessness among veterans within a decade."
Sense of the Congress Regarding the Needs of Homeless Veterans and the Responsibility of Federal Agencies
Pub. L. 107–95, §4, Dec. 21, 2001, 115 Stat. 904, provided that: "It is the sense of the Congress that—
"(1) homelessness is a significant problem in the veterans community and veterans are disproportionately represented among homeless men;
"(2) while many effective programs assist homeless veterans to again become productive and self-sufficient members of society, current resources provided to such programs and other activities that assist homeless veterans are inadequate to provide all needed essential services, assistance, and support to homeless veterans;
"(3) the most effective programs for the assistance of homeless veterans should be identified and expanded;
"(4) federally funded programs for homeless veterans should be held accountable for achieving clearly defined results;
"(5) Federal efforts to assist homeless veterans should include prevention of homelessness; and
"(6) Federal agencies, particularly the Department of Veterans Affairs, the Department of Housing and Urban Development, and the Department of Labor, should cooperate more fully to address the problem of homelessness among veterans."
Evaluation Centers for Homeless Veterans Programs
Pub. L. 107–95, §6(a), Dec. 21, 2001, 115 Stat. 919, provided that: "The Secretary of Veterans Affairs shall support the continuation within the Department of Veterans Affairs of at least one center for evaluation to monitor the structure, process, and outcome of programs of the Department of Veterans Affairs that address homeless veterans."
Definitions in Pub. L. 107–95
Pub. L. 107–95, §2, Dec. 21, 2001, 115 Stat. 903, provided that: "For purposes of this Act [see Short Title of 2001 Amendments note set out under section 101 of this title]:
"(1) The term 'homeless veteran' has the meaning given such term in section 2002 of title 38, United States Code, as added by section 5(a)(1).
"(2) The term 'grant and per diem provider' means an entity in receipt of a grant under section 2011 or 2012 of title 38, United States Code, as so added."
§2002. Definitions
(a) In General.—In this chapter:
(1) The term "homeless veteran" means a veteran who is homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)).
(2) The term "grant and per diem provider" means an entity in receipt of a grant under section 2011 or 2012 of this title.
(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, air, or space 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.
(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 905; amended Pub. L. 109–444, §8(a)(3), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§1004(a)(3), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 114–315, title VII, §701, Dec. 16, 2016, 130 Stat. 1584; Pub. L. 116–283, div. A, title IX, §926(a)(33), Jan. 1, 2021, 134 Stat. 3830.)
Editorial Notes
Prior Provisions
A prior section 2002 was renumbered section 4102 of this title.
Another prior section 2002, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, related to compensation for veterans in absence of agreements with States, prior to repeal by section 1(a) of Pub. L. 87–675.
A prior section 2002A was renumbered section 4102A of this title.
Amendments
2021—Subsec. (b)(1). Pub. L. 116–283 substituted "air, or space service" for "or air service".
2016—Pub. L. 114–315 designated existing provisions as subsec. (a), inserted heading, substituted "in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)" for "in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))" in subsec. (a)(1), and added subsec. (b).
2006—Par. (1). 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)(3), inserted closing parenthesis before period at end.
Pub. L. 109–444, which inserted closing parenthesis before period at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–315, title VII, §706, Dec. 16, 2016, 130 Stat. 1586, provided that: "This subtitle [subtitle A (§§701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title and enacting provisions set out as notes under this section] 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 [Dec. 16, 2016]."
Regulations
Pub. L. 114–315, title VII, §705, Dec. 16, 2016, 130 Stat. 1585, provided that: "Not later than 270 days after the date of the enactment of this Act [Dec. 16, 2016], 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 title [see Tables for classification] and the amendments made by this subtitle [subtitle A (§§701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title]."
Training of Personnel of the Department of Veterans Affairs and Grant Recipients
Pub. L. 114–315, title VII, §704, Dec. 16, 2016, 130 Stat. 1585, provided that: "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 title [see Tables for classification] and the amendments made by this subtitle [subtitle A (§§701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title]:
"(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."
§2003. Staffing requirements
(a) VBA Staffing at Regional Offices.—The Secretary shall ensure that there is at least one full-time employee assigned to oversee and coordinate homeless veterans programs at each of the 20 Veterans Benefits Administration regional offices that the Secretary determines have the largest homeless veteran populations within the regions of the Administration. The programs covered by such oversight and coordination include the following:
(1) Housing programs administered by the Secretary under this title or any other provision of law.
(2) Compensation, pension, vocational rehabilitation, and education benefits programs administered by the Secretary under this title or any other provision of law.
(3) The housing program for veterans supported by the Department of Housing and Urban Development.
(4) The homeless veterans reintegration program of the Department of Labor under section 2021 of this title.
(5) The programs under section 2033 of this title.
(6) The assessments required by section 2034 of this title.
(7) Such other programs relating to homeless veterans as may be specified by the Secretary.
(b) VHA Case Managers.—The Secretary shall ensure that the number of case managers in the Veterans Health Administration is sufficient to assure that every veteran who is provided a housing voucher through section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is assigned to, and is seen as needed by, a case manager. In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term "veteran" shall have the meaning given such term in section 2002(b) of this title.
(c) Memorandum of Understanding on Assistance From Indian Health Service.—The Secretary may enter into a memorandum of understanding with the Secretary of Health and Human Services under which case managers of the Indian Health Service may provide case management assistance to veterans who receive housing vouchers under the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing (Tribal HUD-VASH) program of the Department of Housing and Urban Development.
(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 905; amended Pub. L. 116–283, div. H, title XCI, §9103(b), Jan. 1, 2021, 134 Stat. 4781; Pub. L. 116–315, title IV, §4206, Jan. 5, 2021, 134 Stat. 5014.)
Editorial Notes
Prior Provisions
A prior section 2003 was renumbered section 4103 of this title.
Another prior section 2003, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1218, related to payments to the States equal to payments made by them in accordance with an agreement under chapter 41 of this title, prior to repeal by section 1(a) of Pub. L. 87–675.
Prior sections 2003A and 2004 were renumbered sections 4103A and 4104 of this title, respectively.
Another prior section 2004, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, related to information necessary to determine a veteran's entitlement to compensation and which all Federal departments and agencies were required to make available to State agencies or to the Secretary, prior to repeal by section 1(a) of Pub. L. 87–675.
Prior sections 2004A and 2005 were renumbered sections 4104A and 4105 of this title, respectively.
Another prior section 2005, Pub. L. 85–837, Sept. 2, 1958, 72 Stat. 1219, related to penalties for making false statements or representations, or for knowledgeable failure to disclose material facts in order to obtain or increase payments under chapter 41 of this title, prior to repeal by section 1(a) of Pub. L. 87–675.
Prior section 2006 was renumbered section 4106 of this title.
Another prior section 2006, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, authorized the Secretary to make rules and regulations necessary to carry out the provisions of chapter 41 of this title, and required him to consult with representatives of the State unemployment compensation agencies before prescribing any rules which could affect the performance of such agencies, prior to repeal by Pub. L. 87–675, §1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2007 was renumbered section 4107 of this title.
Another prior section 2007, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1220; Pub. L. 86–70, §29(b), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §25(c), July 12, 1960, 74 Stat. 418, defined "Korean conflict veterans", "unemployment compensation", and "State", prior to repeal by Pub. L. 87–675, §1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2008 was renumbered section 4108 of this title.
Another prior section 2008, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1220, enumerated provisions which forbade duplication of benefits, prior to repeal by Pub. L. 87–675, §1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2009 was renumbered section 4109 of this title.
Another prior section 2009, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1221, provided termination dates for the payment of benefits under chapter 41 of this title, prior to repeal by Pub. L. 87–675, §1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2010 was renumbered section 4110 of this title.
Another prior section 2010 was renumbered section 4101 of this title.
Prior section 2010A was renumbered section 4110A of this title.
Amendments
2021—Subsec. (b). Pub. L. 116–283 inserted at end "In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term 'veteran' shall have the meaning given such term in section 2002(b) of this title."
Subsec. (c). Pub. L. 116–315 added subsec. (c).
Statutory Notes and Related Subsidiaries
Report on Staffing of Department of Housing and Urban Development-Department of Veterans Affairs Supported Housing Program
Pub. L. 116–315, title IV, §4208, Jan. 5, 2021, 134 Stat. 5015, provided that: "Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], and every three years thereafter, 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 that includes the following:
"(1) An assessment of the hiring needs of the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (in this section referred to as the 'HUD-VASH program'), including—
"(A) an identification of the number of case managers of the HUD-VASH program as of the date of the report including—
"(i) the total number of vacancies; and
"(ii) the vacancies at each medical center of the Department of Veterans Affairs;
"(B) the number of case managers of the HUD-VASH program that the Secretary of Veterans Affairs and the Secretary of Housing and Urban Development jointly determine necessary to meet the needs of the Department and the program; and
"(C) the amount of turnover among case managers of the HUD-VASH program and whether the turnover was planned or unexpected.
"(2) An assessment of how compensation, including recruitment and retention incentives, for case managers of the HUD-VASH program affects turnover, and what percentage of retention compensation is provided to such case managers at each medical center of the Department of Veterans Affairs (compared to other positions).
"(3) A comparison of compensation described in paragraph (2) with the compensation provided to State, local, and nongovernmental housing employees at comparable training and experience levels.
"(4) Examples of how the Department of Veterans Affairs and the Department of Housing and Urban Development have worked with non-Federal partners (such as local governments, nongovernmental organizations, veterans service organizations, and employee unions) to meet the staffing needs of the HUD-VASH program.
"(5) Examples of how medical centers of the Department of Veterans Affairs with high retention rates for case managers of the HUD-VASH program have been able to maintain staffing levels."