38 U.S.C. § 2002 — Definitions

Page 560 TITLE 38—VETERANS’ BENEFITS § 2002 ‘‘(1) a homeless veteran, as such term is defined in section 2002 of title 38, United States Code; and ‘‘(2) a veteran participating in the program carried out under section 8(o)(19) of the United States Hous- ing Act of 1937 (42 U.S.C. 1437f(o)(19)).’’ ANNUAL REPORTS Pub. L. 116–283, div. H, title XCI, § 9103(c), Jan. 1, 2021, 134 Stat. 4781, provided that: ‘‘(1) IN GENERAL.—Not less frequently than once each year, the Secretary of Veterans Affairs 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 the homelessness services provided under programs of the Department of Vet- erans Affairs, including services under HUD–VASH pro- gram under section 8(o)(19) of the United States Hous- ing Act of 1937 (42 U.S.C. 1437f(o)(19)). ‘‘(2) INCLUDED INFORMATION.—Each such annual report shall include, with respect to the year preceding the submittal of the report, a statement of the number of eligible individuals who were furnished such homeless- ness services and the number of individuals furnished such services under each such program, disaggregated by the number of men who received such services and the number of women who received such services, and such other information as the Secretary considers ap- propriate.’’ NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS Pub. L. 109–461, title VII, § 701, Dec. 22, 2006, 120 Stat. 3439, provided that: ‘‘(a) REAFFIRMATION.—Congress reaffirms the na- tional goal to end chronic homelessness among vet- erans within a decade of the enactment of the Homeless Veterans Comprehensive Assistance Act of 2001 (Public Law 107–95; 115 Stat. 903) [Dec. 21, 2001]. ‘‘(b) REAFFIRMATION OF ENCOURAGEMENT OF COOPERA- TIVE EFFORTS.—Congress reaffirms its encouragement, as specified in the Homeless Veterans Comprehensive Assistance Act of 2001 (Public Law 107–95; 115 Stat. 903), that all departments and agencies of the Federal, State, and local governments, quasi-governmental or- ganizations, private and public sector entities, includ- ing community-based organizations, faith-based orga- nizations, and individuals, work cooperatively to end chronic homelessness among veterans.’’ Pub. L. 107–95, § 3, Dec. 21, 2001, 115 Stat. 903, provided that: ‘‘(a) NATIONAL GOAL.—Congress hereby declares it to be a national goal to end chronic homelessness among veterans within a decade of the enactment of this Act [Dec. 21, 2001]. ‘‘(b) COOPERATIVE EFFORTS ENCOURAGED.—Congress hereby encourages all departments and agencies of Fed- eral, State, and local governments, quasi-governmental organizations, private and public sector entities, in- cluding community-based organizations, faith-based or- ganizations, and individuals to work cooperatively to end chronic homelessness among veterans within a dec- ade.’’ SENSE OF THE CONGRESS REGARDING THE NEEDS OF HOMELESS VETERANS AND THE RESPONSIBILITY OF FEDERAL AGENCIES Pub. L. 107–95, § 4, Dec. 21, 2001, 115 Stat. 904, provided that: ‘‘It is the sense of the Congress that— ‘‘(1) homelessness is a significant problem in the veterans community and veterans are disproportion- ately represented among homeless men; ‘‘(2) while many effective programs assist homeless veterans to again become productive and self-suffi- cient members of society, current resources provided to such programs and other activities that assist homeless veterans are inadequate to provide all need- ed essential services, assistance, and support to homeless veterans; ‘‘(3) the most effective programs for the assistance of homeless veterans should be identified and ex- panded; ‘‘(4) federally funded programs for homeless vet- erans should be held accountable for achieving clear- ly defined results; ‘‘(5) Federal efforts to assist homeless veterans should include prevention of homelessness; and ‘‘(6) Federal agencies, particularly the Department of Veterans Affairs, the Department of Housing and Urban Development, and the Department of Labor, should cooperate more fully to address the problem of homelessness among veterans.’’ EVALUATION CENTERS FOR HOMELESS VETERANS PROGRAMS Pub. L. 107–95, § 6(a), Dec. 21, 2001, 115 Stat. 919, pro- vided that: ‘‘The Secretary of Veterans Affairs shall support the continuation within the Department of Veterans Affairs of at least one center for evaluation to monitor the structure, process, and outcome of pro- grams of the Department of Veterans Affairs that ad- dress homeless veterans.’’ DEFINITIONS IN PUB. L. 107–95 Pub. L. 107–95, § 2, Dec. 21, 2001, 115 Stat. 903, provided that: ‘‘For purposes of this Act [see Short Title of 2001 Amendments note set out under section 101 of this title]: ‘‘(1) The term ‘homeless veteran’ has the meaning given such term in section 2002 of title 38, United States Code, as added by section 5(a)(1). ‘‘(2) The term ‘grant and per diem provider’ means an entity in receipt of a grant under section 2011 or 2012 of title 38, United States Code, as so added.’’ § 2002. Definitions (a) IN GENERAL.—In this chapter: (1) The term ‘‘homeless veteran’’ means a veteran who is homeless (as that term is de- fined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). (2) The term ‘‘grant and per diem provider’’ means an entity in receipt of a grant under section 2011 or 2012 of this title. (b) VETERAN DEFINED.—(1) Notwithstanding section 101(2) of this title and except as provided in paragraph (2), for purposes of sections 2011, 2012, 2013, 2044, and 2061 of this title, the term ‘‘veteran’’ means a person who served in the ac- tive military, naval, air, or space service, re- gardless of length of service, and who was dis- charged or released therefrom. (2) For purposes of paragraph (1), the term ‘‘veteran’’ excludes a person who— (A) received a dishonorable discharge from the Armed Forces; or (B) was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial. (Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 905; amended Pub. L. 109–444, § 8(a)(3), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(a)(3), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 114–315, title VII, § 701, Dec. 16, 2016, 130 Stat. 1584; Pub. L. 116–283, div. A, title IX, § 926(a)(33), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes PRIOR PROVISIONS A prior section 2002 was renumbered section 4102 of this title. Another prior section 2002, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, related to compensation for veterans Page 561 TITLE 38—VETERANS’ BENEFITS § 2003 in absence of agreements with States, prior to repeal by section 1(a) of Pub. L. 87–675. A prior section 2002A was renumbered section 4102A of this title. AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2016—Pub. L. 114–315 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘in subsection (a) or (b) of section 103 of the McKinney-Vento Home- less Assistance Act (42 U.S.C. 11302)’’ for ‘‘in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))’’ in subsec. (a)(1), and added subsec. (b). 2006—Par. (1). 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)(3), inserted closing paren- thesis before period at end. Pub. L. 109–444, which inserted closing parenthesis be- fore period at end, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–315, title VII, § 706, Dec. 16, 2016, 130 Stat. 1586, provided that: ‘‘This subtitle [subtitle A (§§ 701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title and en- acting provisions set out as notes under this section] and the amendments made by this subtitle shall apply to individuals seeking benefits under chapter 20 of title 38, United States Code, before, on, and after the date of the enactment of this Act [Dec. 16, 2016].’’ REGULATIONS Pub. L. 114–315, title VII, § 705, Dec. 16, 2016, 130 Stat. 1585, provided that: ‘‘Not later than 270 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall prescribe regula- tions, including such modifications to section 3.12 of title 38, Code of Federal Regulations (or any successor regulation), as the Secretary considers appropriate, to ensure that the Department of Veterans Affairs is in full compliance with this title [see Tables for classi- fication] and the amendments made by this subtitle [subtitle A (§§ 701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title].’’ TRAINING OF PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS AND GRANT RECIPIENTS Pub. L. 114–315, title VII, § 704, Dec. 16, 2016, 130 Stat. 1585, provided that: ‘‘The Secretary of Veterans Affairs shall conduct a program of training and education to ensure that the following persons are aware of and im- plement this title [see Tables for classification] and the amendments made by this subtitle [subtitle A (§§ 701–706) of title VII of Pub. L. 114–315, amending this section and sections 5303 and 5303A of this title]: ‘‘(1) Personnel of the Department of Veterans Af- fairs who are supporting or administering a program under chapter 20 of title 38, United States Code. ‘‘(2) Recipients of grants or other amounts for pur- poses of carrying out such a program.’’ § 2003. Staffing requirements (a) VBA STAFFING AT REGIONAL OFFICES.—The Secretary shall ensure that there is at least one full-time employee assigned to oversee and co- ordinate homeless veterans programs at each of the 20 Veterans Benefits Administration re- gional offices that the Secretary determines have the largest homeless veteran populations within the regions of the Administration. The programs covered by such oversight and coordi- nation include the following: (1) Housing programs administered by the Secretary under this title or any other provi- sion of law. (2) Compensation, pension, vocational reha- bilitation, and education benefits programs administered by the Secretary under this title or any other provision of law. (3) The housing program for veterans sup- ported by the Department of Housing and Urban Development. (4) The homeless veterans reintegration pro- gram of the Department of Labor under sec- tion 2021 of this title. (5) The programs under section 2033 of this title. (6) The assessments required by section 2034 of this title. (7) Such other programs relating to home- less veterans as may be specified by the Sec- retary. (b) VHA CASE MANAGERS.—The Secretary shall ensure that the number of case managers in the Veterans Health Administration is sufficient to assure that every veteran who is provided a housing voucher through section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is assigned to, and is seen as needed by, a case manager. In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term ‘‘veteran’’ shall have the meaning given such term in section 2002(b) of this title. (c) MEMORANDUM OF UNDERSTANDING ON AS- SISTANCE FROM INDIAN HEALTH SERVICE.—The Secretary may enter into a memorandum of un- derstanding with the Secretary of Health and Human Services under which case managers of the Indian Health Service may provide case management assistance to veterans who receive housing vouchers under the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing (Tribal HUD-VASH) program of the De- partment of Housing and Urban Development. (Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 905; amended Pub. L. 116–283, div. H, title XCI, § 9103(b), Jan. 1, 2021, 134 Stat. 4781; Pub. L. 116–315, title IV, § 4206, Jan. 5, 2021, 134 Stat. 5014.) Editorial Notes PRIOR PROVISIONS A prior section 2003 was renumbered section 4103 of this title. Another prior section 2003, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1218, related to payments to the States equal to payments made by them in accordance with an agreement under chapter 41 of this title, prior to repeal by section 1(a) of Pub. L. 87–675. Prior sections 2003A and 2004 were renumbered sec- tions 4103A and 4104 of this title, respectively. Another prior section 2004, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, related to information necessary to determine a veteran’s entitlement to compensation and