38 USC 2023 - Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions

Collapse to view only § 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions

§ 2021. Homeless veterans reintegration programs
§ 2021A. Homeless women veterans and homeless veterans with children reintegration grant program
§ 2022. Coordination of outreach services for veterans at risk of homelessness
§ 2022A. Legal services for homeless veterans and veterans at risk for homelessness
§ 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions

§ 2021. Homeless veterans reintegration programs

(a)In General.—Subject to the availability of appropriations provided for such purpose, the Secretary of Labor shall conduct, directly or through grant or contract, such programs as that Secretary determines appropriate to provide job training, counseling, and placement services (including job readiness and literacy and skills training) to expedite the reintegration into the labor force of—

(1) homeless veterans, including—

(A) veterans who were homeless but found housing during the 60-day period preceding the date on which the veteran begins to participate in a program under this section; and

(B) veterans who are at risk of homelessness during the 60-day period beginning on the date on which the veteran begins to participate in a program under this section;

(2) veterans participating in the Department of Housing and Urban Development-Department of Veterans Affairs supported housing program for which rental assistance is provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-VA Supportive Housing (Tribal HUD-VASH) program;

(3) Indians who are veterans and receiving assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);

(4) veterans described in section 2023(d) of this title or any other veterans who are transitioning from being incarcerated; and

(5) veterans participating in the Department of Veterans Affairs rapid rehousing and prevention program authorized in section 2044 of this title.

(b)Grants.—

(1) In awarding grants for purposes of conducting programs described in subsection (a), the Secretary of Labor shall, to the maximum extent practicable, consider applications for fundable grants from entities in all States.

(2) In each State in which no entity has been awarded a grant described in paragraph (1) as of the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary of Labor shall, in coordination with the Director of Veterans’ Employment and Training in the State, organize and conduct an outreach and education program to ensure communities are aware of the programs conducted under this section and the benefits of the programs.

(c)Training and Technical Assistance.—

(1) The Secretary of Labor shall provide training and technical assistance to entities seeking a grant or contract under this section and recipients of a grant or contract under this section regarding the planning, development, and provision of services for which the grant or contract is awarded, including before and during the grant application or contract award period.

(2) The training and technical assistance provided under paragraph (1) shall include outreach and assistance specifically designed for entities serving regions and populations underserved by the programs conducted under this section.

(3) The Secretary of Labor may provide training and technical assistance under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as that Secretary considers appropriate.

(d)Requirement to Monitor Expenditures of Funds.—

(2) Information collected under paragraph (1) shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this section.

(3) Information collected under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may specify.

(e)Administration Through Assistant Secretary of Labor for Veterans’ Employment and Training.—The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans’ Employment and Training.

(f)Provision of Services to Veterans in Certain Institutions.—

(1) The Attorney General of the United States shall permit a recipient of a grant or contract under this section or section 2023 of this title to provide services under this section or section 2023 of this title to any veteran described in subsection (a)(4) who is residing in a penal institution under the jurisdiction of the Bureau of Prisons.

(2) The recipient of a grant or contract under this section may provide to officials of an institution described in paragraph (1) information regarding the services provided to veterans under this section and section 2023 of this title during the 18-month period preceding the release or discharge of a veteran from the institution.

(g)Report on Services Provided.—

(1) The Secretary of Labor shall require each recipient of a grant or contract under this section to submit to that Secretary a report on the services provided and veterans served using grant or contract amounts not later than 90 days after the end of each program year, beginning with the program year the 1

1 So in original. Probably should be “that”.

begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.

(2) To the extent practicable, each report submitted under paragraph (1) shall—

(A) disaggregate the number of veterans served by—

(i) sex;

(ii) age;

(iii) race;

(iv) ethnicity;

(v) approximate era in which the veteran served in the Armed Forces;

(vi) the highest level of education attained;

(vii) the average period of time the veteran was unemployed or underemployed before receiving services under this section and while receiving such services; and

(viii) housing status as of—(I) the date on which the veteran is first enrolled in services under this section; and(II) any subsequent date, if such data is available; and

(B) include data on the number of veterans receiving services under this section who are eligible for health care and benefits provided by the Department of Veterans Affairs.

(h)Reports to Congress.—

(1) Not less frequently than every two years, the Secretary of Labor shall submit to Congress a report on the programs conducted under this section. The Secretary of Labor shall include in the report the following:

(A) An evaluation of services furnished to veterans under this section.

(B) An analysis of the information collected under subsection (d).

(i) the total number of applications for grants under this section that the Secretary of Labor received during the fiscal year preceding the date on which the report is submitted; and

(ii) the number of such applications that were denied.

(D) With respect to each State in which no entity was awarded a grant under this section during the fiscal year preceding the date on which the report is submitted—

(i) an identification of the top five reasons why entities that applied for such a grant were not awarded the grant; and

(ii) information regarding the specific criteria used to score the applications and an explanation of if, how, or why such criteria differed from the previous fiscal year.

(2) Not later than 180 days after the end of the program year that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, and not later than 120 days after the end of each program year thereafter, the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following:

(A) Data obtained from the reports submitted under subsection (g), disaggregated by geographic location.

(B) The number of grants and contracts not awarded under this section due to insufficient funds.

(C) The number of returning recipients of grants or contracts that were and were not awarded grants or contracts under this section during the most recent application cycle.

(D) The number of applications received from entities in States in which no entities received a grant or contract under this section.

(E) The number of veterans who were admitted to a program conducted under this section but not placed in a job following participation in such program, disaggregated by geographic location, age, sex, and race or ethnicity.

(i)Authorization of Appropriations.—

(1) There are authorized to be appropriated to carry out this section amounts as follows:

(A) $50,000,000 for fiscal year 2002.

(B) $50,000,000 for fiscal year 2003.

(D) $50,000,000 for fiscal year 2005.

(E) $50,000,000 for fiscal year 2006.

(F) $50,000,000 for each of fiscal years 2007 through 2023.

(G) $60,000,000 for fiscal year 2024 and each fiscal year thereafter.

(2) Funds appropriated to carry out this section shall remain available until expended. Funds obligated in any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.

(Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 909; amended Pub. L. 109–233, title II, § 203, June 15, 2006, 120 Stat. 404; Pub. L. 111–275, title II, § 201, Oct. 13, 2010, 124 Stat. 2873; Pub. L. 112–37, § 10(b), Oct. 5, 2011, 125 Stat. 396; Pub. L. 112–154, title III, § 305(b), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, § 2(e)(1), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, § 202, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 301, Sept. 30, 2015, 129 Stat. 533; Pub. L. 114–228, title III, § 301, Sept. 29, 2016, 130 Stat. 938; Pub. L. 115–62, title III, § 301, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 141, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 115–407, title VII, § 701, Dec. 31, 2018, 132 Stat. 5381; Pub. L. 116–159, div. E, title III, § 5301, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title IV, § 4205(b), Jan. 5, 2021, 134 Stat. 5014; Pub. L. 117–180, div. E, title III, § 301, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117–328, div. U, title III, § 303(a), Dec. 29, 2022, 136 Stat. 5467.)

§ 2021A. Homeless women veterans and homeless veterans with children reintegration grant program

(a)Grants.—Subject to the availability of appropriations provided for such purpose, the Secretary of Labor shall make grants to programs and facilities that the Secretary determines provide dedicated services for homeless women veterans and homeless veterans with children.

(b)Use of Funds.—Grants under this section shall be used to provide job training, counseling, placement services (including job readiness and literacy and skills training) and child care services to expedite the reintegration of homeless women veterans and homeless veterans with children into the labor force.

(c)Requirement To Monitor Expenditures of Funds.—

(1) The Secretary of Labor shall collect such information as that Secretary considers appropriate to monitor and evaluate the distribution and expenditure of funds appropriated to carry out this section. The information shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this section.

(2) Information under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may specify.

(d)Administration Through the Assistant Secretary of Labor for Veterans’ Employment and Training.—The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans’ Employment and Training.

(e)Biennial Report to Congress.—The Secretary of Labor shall include as part of the report required under section 2021(h)(1) of this title an evaluation of the grant program under this section, which shall include an evaluation of services furnished to veterans under this section and an analysis of the information collected under subsection (c).

(f)Authorization of Appropriations.—

(1) In addition to any amount authorized to be appropriated to carry out section 2021 of this title, there is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2011 through 2025.

(Added Pub. L. 111–275, title II, § 202(a), Oct. 13, 2010, 124 Stat. 2873; amended Pub. L. 114–58, title III, § 302, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, § 302, Sept. 29, 2016, 130 Stat. 938; Pub. L. 115–62, title III, § 302, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 142, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–159, div. E, title III, § 5302, Oct. 1, 2020, 134 Stat. 750; Pub. L. 117–180, div. E, title III, § 302, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117–328, div. U, title III, § 303(b), Dec. 29, 2022, 136 Stat. 5470; Pub. L. 118–83, div. B, title III, § 323, Sept. 26, 2024, 138 Stat. 1540.)

§ 2022. Coordination of outreach services for veterans at risk of homelessness

(a)Outreach Plan.—The Secretary, acting through the Under Secretary for Health, shall provide for appropriate officials of the Mental Health Service and the Readjustment Counseling Service of the Veterans Health Administration to develop a coordinated plan for joint outreach by the two Services to veterans at risk of homelessness, including particularly veterans who are being discharged or released from institutions after inpatient psychiatric care, substance abuse treatment, or imprisonment.

(b)Matters To Be Included.—The outreach plan under subsection (a) shall include the following:

(1) Strategies to identify and collaborate with non-Department entities used by veterans who have not traditionally used Department services to further outreach efforts.

(2) Strategies to ensure that mentoring programs, recovery support groups, and other appropriate support networks are optimally available to veterans.

(3) Appropriate programs or referrals to family support programs.

(4) Means to increase access to case management services.

(5) Plans for making additional employment services accessible to veterans.

(6) Appropriate referral sources for mental health and substance abuse services.

(c)Cooperative Relationships.—The outreach plan under subsection (a) shall identify strategies for the Department to enter into formal cooperative relationships with entities outside the Department to facilitate making services and resources optimally available to veterans.

(d)Review of Plan.—The Secretary shall submit the outreach plan under subsection (a) to the Advisory Committee on Homeless Veterans for its review and consultation.

(e)Outreach Program.—

(1) The Secretary shall carry out an outreach program to provide information to homeless veterans and veterans at risk of homelessness. The program shall include at a minimum—

(A) provision of information about benefits available to eligible veterans from the Department; and

(B) contact information for local Department facilities, including medical facilities, regional offices, and veterans centers.

(2) In developing and carrying out the program under paragraph (1), the Secretary shall, to the extent practicable, consult with appropriate public and private organizations, including the Bureau of Prisons, State social service agencies, the Department of Defense, and mental health, veterans, and homeless advocates—

(A) for assistance in identifying and contacting veterans who are homeless or at risk of homelessness;

(B) to coordinate appropriate outreach activities with those organizations; and

(f)Reports.—

(1) Not later than October 1, 2002, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an initial report that contains an evaluation of outreach activities carried out by the Secretary with respect to homeless veterans, including outreach regarding clinical issues and other benefits administered under this title. The Secretary shall conduct the evaluation in consultation with the Under Secretary for Benefits, the Department of Veterans Affairs central office official responsible for the administration of the Readjustment Counseling Service, the Director of Homeless Veterans Programs, and the Department of Veterans Affairs central office official responsible for the administration of the Mental Health Strategic Health Care Group.

(2) Not later than December 31, 2005, the Secretary shall submit to the committees referred to in paragraph (1) an interim report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:

(A) The Secretary’s outreach plan under subsection (a), including goals and time lines for implementation of the plan for particular facilities and service networks.

(B) A description of the implementation and operation of the outreach program under subsection (e).

(3) Not later than July 1, 2007, the Secretary shall submit to the committees referred to in paragraph (1) a final report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:

(A) An evaluation of the effectiveness of the outreach plan under subsection (a).

(B) An evaluation of the effectiveness of the outreach program under subsection (e).

(D) Recommendations, if any, regarding an extension or modification of such outreach plan, such outreach program, and such demonstration program.

(Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 910; amended Pub. L. 110–387, title VI, § 602(d)(3), Oct. 10, 2008, 122 Stat. 4132.)

§ 2022A. Legal services for homeless veterans and veterans at risk for homelessness

(a)Grants.—Subject to the availability of appropriations provided for such purpose, the Secretary shall award grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness.

(b)Criteria.—

(1) The Secretary shall—

(A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and

(B) publish such criteria and requirements in the Federal Register.

(2) In establishing criteria and requirements under paragraph (1), the Secretary shall—

(A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, on trust lands, and in the territories and possessions of the United States; and

(B) consult with organizations that have experience in providing services to homeless veterans, including—

(i) veterans service organizations;

(ii) the Equal Justice Works AmeriCorps Veterans Legal Corps; and

(iii) such other organizations as the Secretary determines appropriate.

(c)Eligible Entities.—The Secretary may award a grant under this section to an entity applying for such a grant only if the applicant for the grant—

(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;

(2) demonstrates that adequate financial support will be available to carry out the services for which the grant is sought consistent with the application;

(3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and

(4) has, as determined by the Secretary, demonstrated the capacity to meet such criteria and requirements.

(d)Use of Funds.—Grants under this section shall be used to provide homeless veterans and veterans at risk for homelessness the following legal services:

(1) Legal services relating to housing, including eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases.

(2) Legal services relating to family law, including assistance in court proceedings for child support, divorce, estate planning, and family reconciliation.

(3) Legal services relating to income support, including assistance in obtaining public benefits.

(4) Legal services relating 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.

(5) Legal services relating to requests to upgrade the characterization of a discharge or dismissal of a former member of the Armed Forces under section 1553 of title 10.

(6) Such other legal services as the Secretary determines appropriate.

(e)Funds for Women Veterans.—For any fiscal year, not less than 10 percent of the amount authorized to be appropriated for grants under this section shall be used to provide legal services described in subsection (d) to women veterans.

(f)Locations.—To the extent practicable, the Secretary shall award grants under this section to eligible entities in a manner that is equitably distributed across the geographic regions of the United States, including with respect to—

(1) rural communities;

(2) trust lands (as defined in section 3765 of this title);

(3) Native Americans; and

(4) tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

(g)Biennial Reports.—

(1) Not less frequently than once every two years, 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 grants awarded under this section.

(2) To the extent feasible, each report required by paragraph (1) shall include the following with respect to the period covered by the report:

(A) The number of homeless veterans and veterans at risk for homelessness assisted.

(B) A description of the legal services provided.

(D) An analysis by the Secretary with respect to the operational effectiveness and cost-effectiveness of the services provided.

(Added Pub. L. 116–315, title IV, § 4202(a), Jan. 5, 2021, 134 Stat. 5011.)

§ 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions

(a)Program Authority.—The Secretary and the Secretary of Labor (hereinafter in this section referred to as the “Secretaries”) shall carry out a program of referral and counseling services to eligible veterans with respect to benefits and services available to such veterans under this title and under State law.

(b)Location of Program.—The program shall be carried out in at least 12 locations. One location shall be a penal institution under the jurisdiction of the Bureau of Prisons.

(c)Scope of Program.—

(1) To the extent practicable, the program shall provide both referral and counseling services, and in the case of counseling services, shall include counseling with respect to job training and placement (including job readiness), housing, health care, and other benefits to assist the eligible veteran in the transition from institutional living.

(2)

(A) To the extent that referral or counseling services are provided at a location under the program, referral services shall be provided in person during such period of time that the Secretaries may specify that precedes the date of release or discharge of the eligible veteran, and counseling services shall be furnished after such date.

(B) The Secretaries may, as part of the program, furnish to officials of penal institutions outreach information with respect to referral and counseling services for presentation to veterans in the custody of such officials during the 18-month period that precedes such date of release or discharge.

(3) The Secretaries may make grants to carry out the referral and counseling services required under the program with entities or organizations that meet such requirements as the Secretaries may establish.

(4) In developing the program, the Secretaries shall consult with officials of the Bureau of Prisons, officials of penal institutions of States and political subdivisions of States, and such other officials as the Secretaries determine appropriate.

(d)Definition.—In this section, the term “eligible veteran” means a veteran who—

(1) is a resident of a penal institution or an institution that provides long-term care for mental illness; and

(2) is at risk for homelessness absent referral and counseling services provided under the demonstration program (as determined under guidelines established by the Secretaries).

(Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 912; amended Pub. L. 110–28, title V, § 5705, May 25, 2007, 121 Stat. 170; Pub. L. 110–387, title VI, § 602(a)–(d)(2), Oct. 10, 2008, 122 Stat. 4132; Pub. L. 112–239, div. A, title V, § 590, Jan. 2, 2013, 126 Stat. 1769; Pub. L. 113–37, § 2(e)(2), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, § 203, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 308, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, § 303, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, § 303, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 143, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–159, div. E, title III, § 5303, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title IV, § 4205(a), Jan. 5, 2021, 134 Stat. 5014.)