Federal · Title 38 — Veterans’ Benefits

38 U.S.C. § 2011: Grants

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Outreach. Rehabilitative services. Vocational counseling and training. Transitional housing assistance. new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities, for use as service centers, transitional housing, or other facilities to serve homeless veterans; and procurement of vans for use in outreach to and transportation for homeless veterans for purposes of a program referred to in subsection (a). Specification as to the number of projects for which grants are available. Criteria for staffing for the provision of services under a project for which grants are made. shall not result in duplication of ongoing services; and to the maximum extent practicable, shall reflect appropriate geographic dispersion and an appropriate balance between urban and other locations. such State and local requirements that may apply; and fire and safety requirements applicable under the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. Specification as to the means by which an entity receiving a grant may contribute in-kind services to the start-up costs of a project for which a grant is sought and the methodology for assigning a cost to that contribution for purposes of subsection (c). A grant under this section may not be used to support operational costs. The Secretary may not deny an application from an entity that seeks a grant under this section to carry out a project described in subsection (b)(1)(A) solely on the basis that the entity proposes to use funding from other private or public sources, if the entity demonstrates that a private nonprofit organization will provide oversight and site control for the project. that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and that the Secretary determines is financially responsible. A for-profit limited partnership or limited liability company, the sole general partner or manager of which is an organization that is described by subclauses (I) through (III) of clause (i). A corporation wholly owned and controlled by an organization that is described by subclauses (I) through (III) of clause (i). is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section; demonstrates that adequate financial support will be available to carry out the project for which the grant is sought consistent with the plans, specifications, and schedule submitted by the applicant; and agrees to meet the applicable criteria and requirements established under subsections (b) and (g) and has, as determined by the Secretary, the capacity to meet such criteria and requirements. The amount of the grant sought for the project. A description of the site for the project. Plans, specifications, and the schedule for implementation of the project in accordance with criteria and requirements prescribed by the Secretary under subsection (b). Reasonable assurance that upon completion of the work for which the grant is sought, the project will become operational and the facilities will be used principally to provide to veterans the services for which the project was designed, and that not more than 25 percent of the services provided under the project will be provided to individuals who are not veterans. To provide the services for which the grant is made at locations accessible to homeless veterans. To maintain referral networks for homeless veterans for establishing eligibility for assistance and obtaining services, under available entitlement and assistance programs, and to aid such veterans in establishing eligibility for and obtaining such services. To ensure the confidentiality of records maintained on homeless veterans receiving services through the project. To establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant and to such payments as may be made under section 2012 of this title . To seek to employ homeless veterans and formerly homeless veterans in positions created for purposes of the grant for which those veterans are qualified. That such center provide services to homeless veterans during such hours as the Secretary may specify and be open to such veterans on an as-needed, unscheduled basis. That space at such center be made available, as mutually agreeable, for use by staff of the Department of Veterans Affairs, the Department of Labor, and other appropriate agencies and organizations in assisting homeless veterans served by such center. That such center be equipped and staffed to provide or to assist in providing health care, mental health services, hygiene facilities, benefits and employment counseling, meals, transportation assistance, and such other services as the Secretary determines necessary. That such center be equipped and staffed to provide, or to assist in providing, job training, counseling, and placement services (including job readiness and literacy and skills training), as well as any outreach and case management services that may be necessary to carry out this paragraph. If a grant recipient under this section does not establish a program in accordance with this section or ceases to furnish services under such a program for which the grant was made, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient in connection with such program. Any amount recovered by the United States under paragraph (1) may be obligated by the Secretary without fiscal year limitation to carry out provisions of this subchapter. An amount may not be recovered under paragraph (1) as an unused grant amount before the end of the three-year period beginning on the date on which the grant is made. Assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items). Transportation required to support stability and health (such as for appointments with service providers, conducting housing searches, and obtaining food and supplies). Communications equipment and services (such as tablets, smartphones, disposable phones, and related service plans) required to support stability and health (such as maintaining contact with service providers, prospective landlords, and family). Such other assistance as the Secretary determines is needed. During a covered public health emergency, to the extent possible, the Secretary may collaborate with one or more organizations to manage use of land of the Department for homeless veterans for living and sleeping. Collaboration under subparagraph (A) may include the provision by either the Secretary or the organization of food services and security for property, buildings, and other facilities owned or controlled by the Department. Subsection (c)(2) of section 2011 of title 38 , United States Code, shall not apply to any grant awarded during a covered public health emergency under such section for a project described in subsection (b)(1) of such section. Subparagraph (A) shall cease to be effective on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 [ Dec. 29, 2022 ]. homeless veterans; and formerly homeless veterans residing in a facility operated wholly or in part by such a recipient or eligible entity receiving per diem payments under section 2012 of such title. During a covered public health emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans. without notice or competition; and for a period of performance determined by the Secretary. to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation; to facilitate social distancing or isolation needs; or to facilitate activation or continuation of a program for which a grant has been awarded. The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements. During a covered public health emergency, if the recipient of a grant awarded before or during such emergency under section 2011 of title 38 , United States Code, for a project described in subsection (b)(1) of such section is no longer providing services in accordance with the terms of the grant, the recipient shall not be subject during such emergency to any property disposition requirements relating to the grant under subsection (c) or (f) of section 61.67 of title 38, Code of Federal Regulations, section 200.311(c) of title 2, Code of Federal Regulations, or successor regulations. Subparagraph (A) shall cease to be effective on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 [ Dec. 29, 2022 ]. to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation; to facilitate social distancing or isolation needs; or to facilitate the operation of housing under such section. The Secretary may waive a requirement pursuant to the authority provided by paragraph (1) with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements. such veterans; case managers of the Department of programs for homeless veterans authorized under such chapter; and community-based service providers for homeless veterans receiving funds from the Department through grants or contracts. The term ‘covered public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, State, or local authority. The terms ‘homeless veteran’ and ‘veteran’ have the meanings given those terms in section 2002 of title 38 , United States Code. The term ‘telehealth’ means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration. For purposes of subparagraph (A), ‘telecommunications technologies’ include video conferencing, the internet, streaming media, and terrestrial and wireless communications.” In the case of a public health emergency, no authorization of appropriations in section 2016 of title 38 , United States Code, may be construed as limiting amounts that may be appropriated for carrying out subchapter II of chapter 20 of such title. grant amounts under sections 2011 and 2061 of title 38, United States Code; and rates for per diem payments under sections 2012 and 2061 of such title. If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title. shall waive any requirement to discharge a veteran from the grant and per diem program of the Veterans Health Administration after the veteran is absent for 14 days; and may continue to pay per diem to grant recipients and eligible entities under the program for any additional days of absence when a veteran has already been absent for more than 72 hours.” assess and measure the capacity of programs for which entities receive grants under section 2011 of title 38 , United States Code, or per diem payments under section 2012 or 2061 of such title; and how well they achieve their stated goals at a national level; placements in permanent housing; placements in employment; and increases in the regular income of participants in the programs. Whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area. Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area. The amount of capacity that recipients of grants under sections 2011 and 2061 and per diem payments under section 2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 2012(a)(2)(B)(ii) of title 38 , United States Code, as added by section 711(6). In assessing and measuring programs under subsection (a)(1), the Secretary shall consider the availability to such programs of resources made available to such programs and to homeless veterans, including resources provided by the Department of Veterans Affairs and by entities other than the Department. To set specific goals to ensure that programs described in subsection (a) are effectively serving the needs of homeless veterans. To assess whether programs described in subsection (a) are meeting goals set under paragraph (1). To inform funding allocations for programs described in subsection (a). To improve the referral of homeless veterans to programs described in subsection (a). Not later than 180 days after the date on which the assessment required by subsection (a) is completed, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such assessment and such recommendations for legislative and administrative action as the Secretary may have to improve the programs and per diem payments described in subsection (a).” complete a study of all matters relating to the method used by the Secretary to make per diem payments under section 2012(a) of title 38 , United States Code, including changes anticipated by the Secretary in the cost of furnishing services to homeless veterans and accounting for costs of providing such services in various geographic areas; develop more effective and efficient procedures for fiscal control and fund accounting by recipients of grants under sections 2011, 2012, and 2061 of such title; and develop a more effective and efficient method for adequately reimbursing recipients of grants under section 2011 of such title for services furnished to homeless veterans. In developing the method required by paragraph (1)(C), the Secretary may consider payments and grants received by recipients of grants described in such paragraph from other departments and agencies of Federal and local governments and from private entities. the findings of the Secretary with respect to the study required by subparagraph (A) of paragraph (1); the methods developed under subparagraphs (B) and (C) of such paragraph; and any recommendations of the Secretary for revising the method described in subparagraph (A) of such paragraph and any legislative action the Secretary considers necessary to implement such method.”

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