Library / Laws / 113th / s / S. 287 / Engrossed in Senate
113th CONGRESS
1st Session
S. 287
AN ACT
To amend title 38, United States Code, to improve assistance to
homeless veterans, and for other purposes.
1.
Short title
This Act may be cited as the
Helping Homeless Veterans Act of
2013.
2.
Expansion of
definition of homeless veteran for purposes of benefits under the laws
administered by the Secretary of Veterans Affairs
Section 2002(1) of title 38, United States
Code, is amended by striking in section 103(a) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302(a)) and inserting in
subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302).
3.
Improvements to grant
program for comprehensive service programs for homeless veterans
(a)
Modification of
authority To provide capital improvement grants for programs that assist
homeless veterans
Subsection
(a) of section 2011 of title 38, United States Code, is amended, in the matter
before paragraph (1)—
(1) by striking or modifying and
inserting , modifying, or maintaining; and
(2) by inserting
privately, safely, and securely, before the
following.
(b)
Requirement that
recipients of grants meet physical privacy, safety, and security needs of
homeless veterans
Subsection
(f) of such section is amended by adding at the end the following new
paragraph:
(6) To meet the physical
privacy, safety, and security needs of homeless veterans receiving services
through the
project.
.
4.
Increased per diem
payments for transitional housing assistance that becomes permanent housing for
homeless veterans
Section
2012(a)(2) of title 38, United States Code, is amended—
(1) by redesignating subparagraphs (B) through
(D) as subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as
redesignated, by striking in subparagraph (D) and inserting
in subparagraph (E);
(3) in subparagraph (D), as
redesignated, by striking under subparagraph (B) and inserting
under subparagraph (C);
(4) in subparagraph (E), as
redesignated, by striking in subparagraphs (B) and (C) and
inserting in subparagraphs (C) and (D); and
(5) in subparagraph
(A)—
(A) by striking The
rate and inserting Except as otherwise provided in subparagraph
(B), the rate; and
(B) by striking under
subparagraph (B) and all that follows through the end and inserting the
following: “under subparagraph (C).
(B)
(i) Except as provided in
clause (ii), in no case may the rate determined under this paragraph exceed the
rate authorized for State homes for domiciliary care under subsection (a)(1)(A)
of section 1741 of this title, as the Secretary may increase from time to time
under subsection (c) of that section.
(ii) In
the case of services furnished to a homeless veteran who is placed in housing
that will become permanent housing for the veteran upon termination of the
furnishing of such services to such veteran, the maximum rate of per diem
authorized under this section is 150 percent of the rate described in clause
(i).
.
5.
Authorization of per
diem payments for furnishing care to dependents of certain homeless
veterans
Subsection (a) of
section 2012 of title 38, United States Code, is amended by adding at the end
the following new paragraph:
(4) Services for which a recipient of a grant
under section 2011 of this title (or an entity described in paragraph (1)) may
receive per diem payments under this subsection may include furnishing care for
a dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant recipient
(or
entity).
.
6.
Requirement for
Department of Veterans Affairs to assess comprehensive service programs for
homeless veterans
(a)
In
general
Not later than one
year after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall 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.
(b)
Assessment at national
and local levels
In assessing
and measuring under subsection (a), the Secretary shall develop and use tools
to examine the capacity of programs described in such subsection at both the
national and local level in order to assess the following:
(1) Whether sufficient capacity exists to meet
the needs of homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs
of the subpopulations of homeless veterans located in each geographic
area.
(3) 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 4(5)(B).
(c)
Use of
information
The Secretary
shall use the information collected under this section as follows:
(1) To set specific goals to
ensure that programs described in subsection (a) are effectively serving the
needs of homeless veterans.
(2) To assess whether
programs described in subsection (a) are meeting goals set under paragraph
(1).
(3) To inform funding
allocations for programs described in subsection (a).
(4) To improve the referral
of homeless veterans to programs described in subsection (a).
(d)
Report
Not
later than 180 days after the date on which the assessment required by
subsection (b) 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).
7.
Expansion of Department
of Veterans Affairs authority to provide dental care to homeless
veterans
(a)
In
general
Section 2062(b) of
title 38, United States Code, is amended to read as follows:
(b)
Eligible
veterans
(1) Subsection (a) applies
to a veteran who—
(A) is enrolled for care
under section 1705(a) of this title; and
(B) for a period of 60
consecutive days, is receiving—
(i) assistance under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
(ii) care (directly or by
contract) in any of the following settings:
(I) A domiciliary under
section 1710 of this title.
(II) A therapeutic residence
under section 2032 of this title.
(III) Community residential
care coordinated by the Secretary under section 1730 of this title.
(IV) A setting for which the
Secretary provides funds for a grant and per diem provider.
(V) A setting—
(aa) in which the veteran is
receiving transitional housing assistance;
(bb) for which funding is not
provided for transitional housing assistance under the laws administered by the
Secretary;
(cc) for which the Secretary
receives verification from the provider of care that the veteran is receiving
care for a period of 60 consecutive days; and
(dd) from which the Secretary
determines that the veteran cannot reasonably access comparable dental services
at no cost and in a reasonable period of time.
(2) For
purposes of paragraph (1), in determining whether a veteran has received
assistance or care for a period of 60 consecutive days, the Secretary may
disregard breaks in the continuity of assistance or care for which the veteran
is not
responsible.
.
(b)
Effective
date
The amendment made by subsection (a) shall take effect on
the date that is one year after the date of the enactment of this Act.
8.
Partnerships with public
and private entities to provide legal services to homeless veterans and
veterans at risk of homelessness
(a)
In
general
Chapter 20 of title 38, United States Code, is amended by
inserting after section 2022 the following new section:
2022A.
Partnerships with
public and private entities to provide legal services to homeless veterans and
veterans at risk of homelessness
(a)
Partnerships
authorized
Subject to the availability of funds for that purpose,
the Secretary may enter into partnerships with public or private entities to
fund a portion of the general legal services specified in subsection (c) that
are provided by such entities to homeless veterans and veterans at risk of
homelessness.
(b)
Locations
The
Secretary shall ensure that, to the extent practicable, partnerships under this
section are made with entities equitably distributed across the geographic
regions of the United States, including rural communities, tribal lands of the
United States, Native Americans, and tribal organizations (as defined in
section 3765 of title 38, United States Code).
(c)
Legal
services
Legal services specified in this subsection include
legal services provided by public or private entities that address the needs of
homeless veterans and veterans at risk of homelessness as follows:
(1) Legal services related to
housing, including eviction defense and representation in landlord-tenant
cases.
(2) Legal services related to
family law, including assistance in court proceedings for child support,
divorce, and estate planning.
(3) Legal services related to
income support, including assistance in obtaining public benefits.
(4) Legal services related to
criminal defense, including defense in matters symptomatic of homelessness,
such as outstanding warrants, fines, and driver's license revocation, to reduce
recidivism and facilitate the overcoming of reentry obstacles in employment or
housing.
(d)
Consultation
In
developing and carrying out partnerships under this section, the Secretary
shall, to the extent practicable, consult with public and private
entities—
(1) for assistance in
identifying and contacting organizations capable of providing the legal
services described in subsection (c); and
(2) to coordinate appropriate
outreach relationships with such organizations.
(e)
Reports
The
Secretary may require entities that have entered into partnerships under this
section to submit to the Secretary periodic reports on legal services provided
to homeless veterans and veterans at risk of homelessness pursuant to such
partnerships.
(f)
Sunset
The authority of the Secretary to enter into partnerships under this section as described in subsection (a) shall expire on December 31, 2016.
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 20 of
such title is amended by adding after the item relating to section 2022 the
following new item:
2022A. Partnerships with public
and private entities to provide legal services to homeless veterans and
veterans at risk of
homelessness.
.
9.
Requests for data to
evaluate and improve services provided to veterans at risk of
homelessness
Section 2022 of
title 38, United States Code, is amended—
(1) by redesignating subsection (f) as
subsection (g);
(2) by inserting after
subsection (e) the following new subsection (f):
(f)
Requests for data To
evaluate and improve services provided to veterans at risk of
homelessness
(1) The Secretary
shall from time to time request from the Federal Bureau of Investigation, the
Bureau of Prisons, the Bureau of Justice Statistics, and other appropriate
Federal law enforcement agencies data in the possession of such agencies useful
for the evaluation and improvement of the services provided to veterans at risk
of homelessness under this section and section 2023 of this title.
(2) Such agencies
shall make reasonable efforts to comply with any such request by the
Secretary.
.
10.
Extension of authority for program of referral and counseling services for
veterans at risk of homelessness who
are transitioning from certain institutions
Section 2023 of title 38, United States Code, is amended—
(1) by striking subsection (b);
(2) in subsection (c)(1), by striking To the extent practicable, the program and inserting The program;
(3) in subsection (d), by striking September 30, 2014 and inserting September 30, 2017;
(4) in subsection (e)(2), by striking provided under the demonstration program; and
(5) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.
11.
Repeal of requirement
for annual reports on assistance to homeless veterans
(a)
In
general
Section 2065 of title 38, United States Code, is hereby
repealed.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 20 of
such title is amended by striking the item relating to section 2065.
12.
Extensions of
authorities
(a)
Treatment and
rehabilitation for seriously mentally ill and homeless
veterans
Section 2031(b) of title 38, United States Code, is amended by striking
December 31, 2013 and inserting December 31,
2014.
(b)
Centers for the
provision of comprehensive services to homeless veterans
Section
2033(d) of such title is amended by striking December 31, 2013
and inserting December 31, 2014.
(c)
Housing assistance for
homeless veterans
Section 2041(c) of such title is amended by
striking December 31, 2013 and inserting December 31,
2014.
(d)
Training entities for provision of supportive services for very low-income veteran
families in permanent housing
Section 2044(e)(3) of such title is amended by striking 2012 and inserting 2014.
(e)
Technical assistance
grants for nonprofit community-Based groups
Section 2064(b) of
such title is amended by striking 2012 and inserting
2014.
(f)
Advisory Committee on
Homeless Veterans
Section 2066(d) of such title is amended by
striking December 31, 2013 and inserting December 31,
2014.
13.
Extension of
reduced pension for certain veterans covered by Medicaid plans for services
furnished by nursing facilities
(a)
In
general
Subsection (d)(7) of
section 5503 of title 38, United States Code, is amended by striking
November 30, 2016 and inserting August 31, 2017.
(b)
Clerical
amendments
(1)
Section
heading
The section heading of such section is amended to read as
follows: Reduced pension for
certain hospitalized veterans and certain veterans receiving domiciliary,
nursing home, or nursing facility care.
(2)
Table of
sections
The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to section 5503 and
inserting the following new item:
5503. Reduced pension
for certain hospitalized veterans and certain veterans receiving domiciliary,
nursing home, or nursing facility care..
Passed the Senate November 6, 2013.Secretary