38 USC 2012 - Per diem payments

1 See References in Text note below.

before that date if the entity meets fire and safety requirements established by the Secretary.

Editorial Notes

References in Text

The date of the enactment of the Navy SEAL Bill Mulder Act of 2020, referred to in subsec. (a)(2)(B)(i)(II)(aa)(AA), is the date of enactment of title IV of Puspan. L. 116–315, which was approved Jan. 5, 2021.

The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Puspan. L. 107–95, which was approved Dec. 21, 2001.

Section 3 of the Homeless Veterans Comprehensive Service Programs Act of 1992, referred to in subsec. (c)(2), is section 3 of Puspan. L. 102–590, Nov. 10, 1992, 106 Stat. 5136, which was set out in a note under former section 7721 of this title, which note was repealed and restated in sections 2011 and 2012 of this title by Puspan. L. 107–95, § 5(a)(1), (e)(1), Dec. 21, 2001, 115 Stat. 906, 918. Section 7721 of this title was repealed by Puspan. L. 109–233, title IV, § 402(c), June 15, 2006, 120 Stat. 411.

Prior Provisions

A prior section 2012 was renumbered section 4212 of this title.

Another prior section 2012 was renumbered section 4103 of this title.

Amendments

2021—Subsec. (a)(2). Puspan. L. 116–315, § 4204(a), amended par. (2) generally. Prior to amendment, text read as follows:

“(2)(A) Except as otherwise provided in subparagraph (B), the rate for such per diem payments shall be the daily cost of care estimated by the grant recipient or eligible entity adjusted by the Secretary 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 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.

“(C) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under subparagraph (A) to exclude other sources of income described in subparagraph (E) that the grant recipient or eligible entity certifies to be correct.

“(D) Each grant recipient or eligible entity shall provide to the Secretary such information with respect to other sources of income as the Secretary may require to make the adjustment under subparagraph (C).

“(E) The other sources of income referred to in subparagraphs (C) and (D) are payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, including payments and grants from other departments and agencies of the United States, from departments or agencies of State or local government, and from private entities or organizations.”

Subsec. (e). Puspan. L. 116–315, § 4204(span), added subsec. (e).

2016—Subsec. (a)(2)(A). Puspan. L. 114–315, § 711(5), substituted “Except as otherwise provided in subparagraph (B), the rate” for “The rate” and “under subparagraph (C).” for “under subparagraph (B). 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.”

Subsec. (a)(2)(B). Puspan. L. 114–315, § 711(6), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(2)(C). Puspan. L. 114–315, § 711(1), (2), redesignated subpar. (B) as (C) and substituted “in subparagraph (E)” for “in subparagraph (D)”. Former subpar. (C) redesignated (D).

Subsec. (a)(2)(D). Puspan. L. 114–315, § 711(1), (3), redesignated subpar. (C) as (D) and substituted “under subparagraph (C)” for “under subparagraph (B)”. Former subpar. (D) redesignated (E).

Subsec. (a)(2)(E). Puspan. L. 114–315, § 711(1), (4), redesignated subpar. (D) as (E) and substituted “in subparagraphs (C) and (D)” for “in subparagraphs (B) and (C)”.

2010—Subsec. (d). Puspan. L. 111–163 added subsec. (d).