38 USC PART II, CHAPTER 20, SUBCHAPTER V: HOUSING ASSISTANCE
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38 USC PART II, CHAPTER 20, SUBCHAPTER V: HOUSING ASSISTANCE
From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITSCHAPTER 20—BENEFITS FOR HOMELESS VETERANS

SUBCHAPTER V—HOUSING ASSISTANCE

§2041. Housing assistance for homeless veterans

(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 September 30, 2026.

(Added Pub. L. 102–54, §9(a), June 13, 1991, 105 Stat. 272, §1835; renumbered §3735, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 102–590, §§8, 9, Nov. 10, 1992, 106 Stat. 5140; Pub. L. 103–446, title XII, §1201(d)(13), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–110, title I, §101(h), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105–114, title II, §203(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 105–368, title VI, §602(e)(1)(G), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 106–117, title IX, §902, Nov. 30, 1999, 113 Stat. 1587; renumbered §2041, Pub. L. 107–95, §5(c), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–170, title IV, §404, Dec. 6, 2003, 117 Stat. 2063; Pub. L. 109–444, §8(a)(5), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title VII, §705, title X, §§1004(a)(5), 1006(b), Dec. 22, 2006, 120 Stat. 3440, 3465, 3468; Pub. L. 112–37, §10(e), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–191, title II, §205, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, §10, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, §205, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, §303, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, §304, Sept. 29, 2016, 130 Stat. 939; Pub. L. 117–328, div. U, title III, §304, Dec. 29, 2022, 136 Stat. 5470.)


Editorial Notes

Amendments

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 "September 30, 2026" for "September 30, 2017".

2016—Subsec. (c). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".

2015—Subsec. (c). Pub. L. 114–58 substituted "September 30, 2016" for "September 30, 2015".

2014—Subsec. (c). Pub. L. 113–175 substituted "September 30, 2015" for "December 31, 2014".

2013—Subsec. (c). Pub. L. 113–59 substituted "December 31, 2014" for "December 31, 2013".

2012—Subsec. (c). Pub. L. 112–191 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (c). Pub. L. 112–37 substituted "December 31, 2012" for "December 31, 2011".

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 "December 31, 2011" for "December 31, 2008".

2003—Subsec. (c). Pub. L. 108–170 substituted "December 31, 2008" for "December 31, 2003".

2001Pub. L. 107–95 renumbered section 3735 of this title as this section.

1999—Subsec. (c). Pub. L. 106–117 substituted "December 31, 2003" for "December 31, 1999".

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 "December 31, 1999" for "December 31, 1997".

1996—Subsec. (c). Pub. L. 104–110 substituted "December 31, 1997" for "December 31, 1995".

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 "December 31, 1995" for "September 30, 1993".

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

1991Pub. 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 Oct. 1, 1998, 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, Dec. 29, 2022, 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, Dec. 29, 2022, 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, Dec. 29, 2022, 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 [Dec. 29, 2022]."

Availability of Telehealth for Case Managers and Homeless Veterans

Pub. L. 116–136, div. B, title X, §20011, Mar. 27, 2020, 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, Aug. 6, 2012, 126 Stat. 1185, as amended by Pub. L. 116–315, title IV, §4207(a), Jan. 5, 2021, 134 Stat. 5015; Pub. L. 117–328, div. U, title III, §306, Dec. 29, 2022, 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 [Aug. 6, 2012] 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), Jan. 5, 2021, 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 [Jan. 5, 2021]."]

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, 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 Feb. 13, 1996, 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.

§2042. Supported housing for veterans participating in compensated work therapies

The Secretary may authorize homeless veterans in the compensated work therapy program to be provided housing through the therapeutic residence program under section 2032 of this title or through grant and per diem providers under subchapter II of this chapter.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 913.)

§2043. Domiciliary care programs

(a) Authority.—The Secretary may establish up to 10 programs under section 1710(b) of this title (in addition to any program that is established as of the date of the enactment of this section) to provide domiciliary services under such section to homeless veterans.

(b) Enhancement of Capacity of Domiciliary Care Programs for Female Veterans.—The Secretary shall take appropriate actions to ensure that the domiciliary care programs of the Department are adequate, with respect to capacity and with respect to safety, to meet the needs of veterans who are women.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 913; amended Pub. L. 110–387, title VI, §603, Oct. 10, 2008, 122 Stat. 4132.)


Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 107–95, which was approved Dec. 21, 2001.

Amendments

2008—Subsec. (b). Pub. L. 110–387 amended subsec. (b) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2003 and 2004 to establish the programs referred to in subsection (a)."

§2044. Financial assistance for supportive services for very low-income veteran families in permanent housing

(a) Distribution of Financial Assistance.—(1) The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of supportive services described in subsection (b) for very low-income veteran families occupying permanent housing.

(2) Financial assistance under this section shall consist of grants for each such family for which an approved eligible entity is providing or coordinating the provision of supportive services.

(3)(A) The Secretary shall provide such grants to each eligible entity that is providing or coordinating the provision of supportive services.

(B) The Secretary is authorized to establish intervals of payment for the administration of such grants and establish a maximum amount to be awarded, in accordance with the services being provided and their duration.

(4) In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing.

(5) The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands.

(6) Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify that family that such services are being paid for, in whole or in part, by the Department.

(7) The Secretary may require entities receiving financial assistance under this section to submit a report to the Secretary that describes the projects carried out with such financial assistance.

(b) Supportive Services.—The supportive services referred to in subsection (a) are the following:

(1) Services provided by an eligible entity or a subcontractor of an eligible entity that address the needs of very low-income veteran families occupying permanent housing, including—

(A) outreach services;

(B) case management services;

(C) assistance in obtaining any benefits from the Department which the veteran may be eligible to receive, including, but not limited to, vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; and

(D) assistance in obtaining and coordinating the provision of other public benefits provided in Federal, State, or local agencies, or any organization defined in subsection (f), including—

(i) health care services (including obtaining health insurance);

(ii) daily living services;

(iii) personal financial planning;

(iv) transportation services;

(v) income support services;

(vi) fiduciary and representative payee services;

(vii) legal services to assist the veteran family with issues that interfere with the family's ability to obtain or retain housing or supportive services;

(viii) child care;

(ix) housing counseling; and

(x) other services necessary for maintaining independent living.


(2) Services described in paragraph (1) that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days pending the location or development of housing suitable for permanent housing.

(3) Services described in paragraph (1) for very low-income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days after such families exit permanent housing or until such families commence receipt of other housing services adequate to meet their current needs, but only to the extent that services under this paragraph are designed to support such families in their choice to transition into housing that is responsive to their individual needs and preferences.


(c) Application for Financial Assistance.—(1) An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section.

(2) Each application submitted by an eligible entity under paragraph (1) shall contain—

(A) a description of the supportive services proposed to be provided by the eligible entity and the identified needs for those services;

(B) a description of the types of very low-income veteran families proposed to be provided such services;

(C) an estimate of the number of very low-income veteran families proposed to be provided such services;

(D) evidence of the experience of the eligible entity in providing supportive services to very low-income veteran families; and

(E) a description of the managerial capacity of the eligible entity—

(i) to coordinate the provision of supportive services with the provision of permanent housing by the eligible entity or by other organizations;

(ii) to assess continuously the needs of very low-income veteran families for supportive services;

(iii) to coordinate the provision of supportive services with the services of the Department;

(iv) to tailor supportive services to the needs of very low-income veteran families; and

(v) to seek continuously new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families.


(3) The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section.

(d) Technical Assistance.—(1) The Secretary shall provide training and technical assistance to participating eligible entities regarding the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing, through the Technical Assistance grants program in section 2064 of this title.

(2) The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities.

(e) Funding.—From amounts appropriated to the Department for Medical Services, there shall be available to carry out subsections (a), (b), and (c) amounts as follows:

(1) $15,000,000 for fiscal year 2009.

(2) $20,000,000 for fiscal year 2010.

(3) $25,000,000 for fiscal year 2011.

(4) $100,000,000 for fiscal year 2012.

(5) $320,000,000 for each of fiscal years 2015 through 2017.

(6) $340,000,000 for fiscal year 2018.

(7) $380,000,000 for each of fiscal years 2019 and 2020.

(8) $420,000,000 for each of fiscal years 2021 through 2025.


(f) Definitions.—In this section:

(1) The term "consumer cooperative" has the meaning given such term in section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).

(2) The term "eligible entity" means—

(A) a private nonprofit organization; or

(B) a consumer cooperative.


(3) The term "homeless" has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).

(4) The term "permanent housing" means community-based housing without a designated length of stay.

(5) The term "private nonprofit organization" means any of the following:

(A) Any incorporated private institution or foundation—

(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;

(ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; and

(iii) which is approved by the Secretary as to financial responsibility.


(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(C) A corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).


(6)(A) Subject to subparagraphs (B) and (C), the term "very low-income veteran family" means a veteran family whose income does not exceed 50 percent of the median income for an area specified by the Secretary for purposes of this section, as determined by the Secretary in accordance with this paragraph.

(B) The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size.

(C) The Secretary may establish an income ceiling higher or lower than 50 percent of the median income for an area if the Secretary determines that such variations are necessary because the area has unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes.

(7) The term "veteran family" includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.

(Added Pub. L. 110–387, title VI, §604(b)(1), Oct. 10, 2008, 122 Stat. 4132; amended Pub. L. 111–275, title X, §1001(e), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 112–37, §12, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, §305(c), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, §2(f)(2), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, §206, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, §304, title VI, §601(9), Sept. 30, 2015, 129 Stat. 534, 538; Pub. L. 114–228, title III, §305, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, §304, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, §145, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–61, §4, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116–159, div. E, title III, §5305, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title III, §304, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117–328, div. U, title III, §305(a), Dec. 29, 2022, 136 Stat. 5471; Pub. L. 118–83, div. B, title III, §325, Sept. 26, 2024, 138 Stat. 1541.)


Editorial Notes

Codification

Pub. L. 112–37, §12, Oct. 5, 2011, 125 Stat. 397, which directed amendment of "section 2044" without specifying the Code title to be amended, was executed to this section, which is section 2044 of Title 38, Veterans' Benefits, to reflect the probable intent of Congress. See 2011 Amendment notes below.

Amendments

2024—Subsec. (e). Pub. L. 118–83 substituted "2025" for "2024" in subpar. (H) and redesignated subpars. (A) to (H) as pars. (1) to (8), respectively.

2022—Subsec. (e). Pub. L. 117–328, §305(a), struck out par. (1) designation before "From amounts" and struck out pars. (2) and (3) which read as follows:

"(2) Not more than $750,000 may be available under paragraph (1) in any fiscal year to provide technical assistance under subsection (d).

"(3) There is authorized to be appropriated $1,000,000 for each of the fiscal years 2009 through 2012 to carry out the provisions of subsection (d)."

Subsec. (e)(1)(H). Pub. L. 117–180 substituted "through 2024" for "and 2022".

2020—Subsec. (e)(1)(G). Pub. L. 116–159, §5305(1), substituted "and 2020" for "through 2021".

Subsec. (e)(1)(H). Pub. L. 116–159, §5305(2), added subpar. (H).

2019—Subsec. (e)(1)(G). Pub. L. 116–61 substituted "each of fiscal years 2019 through 2021" for "fiscal year 2019".

2018—Subsec. (e)(1)(F), (G). Pub. L. 115–251 added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: "$320,000,000 for each of fiscal years 2018 through 2019."

2017—Subsec. (e)(1)(F). Pub. L. 115–62 added subpar. (F).

2016—Subsec. (e)(1)(E). Pub. L. 114–228 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "$300,000,000 for each of fiscal years 2015 through 2016."

2015—Subsec. (b)(1)(D). Pub. L. 114–58, §601(9), substituted "Federal" for "federal" in introductory provisions.

Subsec. (e)(1)(E). Pub. L. 114–58, §304, substituted "fiscal years 2015 through 2016" for "fiscal years 2013 through 2015".

2014—Subsec. (e)(1)(E). Pub. L. 113–175 substituted "fiscal years 2013 through 2015" for "fiscal years 2013 and 2014".

2013—Subsec. (e)(1)(E). Pub. L. 113–37 substituted "for each of fiscal years 2013 and 2014" for "for fiscal year 2013".

2012—Subsec. (e)(1)(E). Pub. L. 112–154 added subpar. (E).

2011—Subsec. (e)(1). Pub. L. 112–37, §12(b), substituted "subsections" for "subsection" in introductory provisions. See Codification note above.

Subsec. (e)(1)(D). Pub. L. 112–37, §12(a)(1), added subpar. (D). See Codification note above.

Subsec. (e)(3). Pub. L. 112–37, §12(a)(2), substituted "2012" for "2011". See Codification note above.

2010—Subsec. (e)(3). Pub. L. 111–275 substituted "fiscal years" for "fiscal year".


Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Funding Limits for Financial Assistance for Supportive Services for Very Low-Income Veteran Families in Permanent Housing During a Public Health Emergency

Pub. L. 116–136, div. B, title X, §20012, Mar. 27, 2020, 134 Stat. 589, provided that: "In the case of a public health emergency, nothing in subsection (e)(1) of section 2044 of title 38, United States Code, may be construed as limiting amounts that may be made available for carrying out subsections (a), (b), and (c) of such section."

[For definition of "public health emergency" as used in section 20012 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.]

Purpose

Pub. L. 110–387, title VI, §604(a), Oct. 10, 2008, 122 Stat. 4132, provided that: "The purpose of this section [enacting this section] is to facilitate the provision of supportive services for very low-income veteran families in permanent housing."