38 U.S.C. § 2032 — Therapeutic housing

Page 577 TITLE 38—VETERANS’ BENEFITS § 2032 amended Pub. L. 107–95, § 5(b), (f), Dec. 21, 2001, 115 Stat. 918; Pub. L. 109–444, § 2(c), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 109–461, title VII, § 704(a), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3440, 3468; Pub. L. 112–37, § 10(c), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, § 302, Aug. 6, 2012, 126 Stat. 1184; Pub. L. 112–191, title II, § 203, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, § 9(a), Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, § 204(a), Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 307(a), Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, § 308(a), Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, § 307(a), Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 144(a), Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–159, div. E, title III, § 5304(a), Oct. 1, 2020, 134 Stat. 750; Pub. L. 117–180, div. E, title III, § 303(a), Sept. 30, 2022, 136 Stat. 2138; Pub. L. 118–83, div. B, title III, § 324(a), Sept. 26, 2024, 138 Stat. 1541.) Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (b). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2020—Subsec. (b). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2018—Subsec. (b). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2019’’. 2017—Subsec. (b). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2019’’ for ‘‘September 30, 2017’’. 2016—Subsec. (b). Pub. L. 114–228 substituted ‘‘Sep- tember 30, 2017’’ for ‘‘September 30, 2016’’. 2015—Subsec. (b). Pub. L. 114–58 substituted ‘‘Sep- tember 30, 2016’’ for ‘‘September 30, 2015’’. 2014—Subsec. (b). Pub. L. 113–175 substituted ‘‘Sep- tember 30, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (b). Pub. L. 113–59 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. 2012—Subsec. (a). Pub. L. 112–154 substituted ‘‘and to’’ for ‘‘, including’’ in introductory provisions. Subsec. (b). Pub. L. 112–191 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (b). Pub. L. 112–37 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. 2006—Subsec. (b). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amend- ments made by Pub. L. 109–444 were deemed for all pur- poses 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 Coordina- tion of Provisions With Pub. L. 109–444 note under sec- tion 101 of this title. Pub. L. 109–461, § 704(a), substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2006’’. Pub. L. 109–444, which substituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 2001—Pub. L. 107–95, § 5(b)(1), renumbered section 1771 of this title as this section. Subsec. (a)(3). Pub. L. 107–95, § 5(b)(2), substituted ‘‘section 2032 of this title’’ for ‘‘section 1772 of this title’’. Subsec. (b). Pub. L. 107–95, § 5(f), substituted ‘‘Decem- ber 31, 2006’’ for ‘‘December 31, 2001’’. § 2032. Therapeutic housing (a) The Secretary, in connection with the con- duct of compensated work therapy programs, may operate residences and facilities as thera- peutic housing. (b) The Secretary may use such procurement procedures for the purchase, lease, or other ac- quisition of residential housing for purposes of this section as the Secretary considers appro- priate to expedite the opening and operation of transitional housing and to protect the interests of the United States. (c) A residence or other facility may be oper- ated as transitional housing for veterans de- scribed in paragraphs (1) and (2) of section 1710(a) of this title under the following condi- tions: (1) Only veterans described in those para- graphs and a house manager may reside in the residence or facility. (2) Each resident, other than the house man- ager, shall be required to make payments that contribute to covering the expenses of board and the operational costs of the residence or facility for the period of residence in such housing. (3) In order to foster the therapeutic and re- habilitative objectives of such housing (A) residents shall be prohibited from using alco- hol or any controlled substance or item, (B) any resident violating that prohibition may be expelled from the residence or facility, and (C) each resident shall agree to undergo drug test- ing or such other measures as the Secretary shall prescribe to ensure compliance with that prohibition. (4) In the establishment and operation of housing under this section, the Secretary shall consult with appropriate representatives of the community in which the housing is estab- lished and shall comply with zoning require- ments, building permit requirements, and other similar requirements applicable to other real property used for similar purposes in the community. (5) The residence or facility shall meet State and community fire and safety requirements applicable to other real property used for simi- lar purposes in the community in which the transitional housing is located, but fire and safety requirements applicable to buildings of the Federal Government shall not apply to such property. (d) The Secretary shall prescribe the qualifica- tions for house managers for transitional hous- ing units operated under this section. The Sec- retary may provide for free room and subsist- ence for a house manager in addition to, or in- stead of payment of, a fee for the services pro- vided by the manager. (e)(1) The Secretary may operate as transi- tional housing under this section— (A) any suitable residential property ac- quired by the Secretary as the result of a de- fault on a loan made, guaranteed, or insured under chapter 37 of this title; (B) any suitable space in a facility under the jurisdiction of the Secretary that is no longer being used (i) to provide acute hospital care, or (ii) as housing for medical center employ- ees; and (C) any other suitable residential property purchased, leased, or otherwise acquired by the Secretary. (2) In the case of any property referred to in paragraph (1)(A), the Secretary shall— (A) transfer administrative jurisdiction over such property within the Department from the Page 578 TITLE 38—VETERANS’ BENEFITS § 2033 Veterans Benefits Administration to the Vet- erans Health Administration; and (B) transfer from the General Post Fund to the Loan Guaranty Revolving Fund under chapter 37 of this title an amount (not to ex- ceed the amount the Secretary paid for the property) representing the amount the Sec- retary considers could be obtained by sale of such property to a nonprofit organization or a State for use as a shelter for homeless vet- erans. (3) In the case of any residential property ob- tained by the Secretary from the Department of Housing and Urban Development under this sec- tion, the amount paid by the Secretary to that Department for that property may not exceed the amount that the Secretary of Housing and Urban Development would charge for the sale of that property to a nonprofit organization or a State for use as a shelter for homeless persons. Funds for such charge shall be derived from the General Post Fund. (f) The Secretary shall prescribe— (1) a procedure for establishing reasonable payment rates for persons residing in transi- tional housing; and (2) appropriate limits on the period for which such persons may reside in transitional housing. (g) The Secretary may dispose of any property acquired for the purpose of this section. The pro- ceeds of any such disposal shall be credited to the General Post Fund. (h) Funds received by the Department under this section shall be deposited in the General Post Fund. The Secretary may distribute out of the fund such amounts as necessary for the ac- quisition, management, maintenance, and dis- position of real property for the purpose of car- rying out such program. The Secretary shall manage the operation of this section so as to en- sure that expenditures under this subsection for any fiscal year shall not exceed by more than $500,000 proceeds credited to the General Post Fund under this section. The operation of the program and funds received shall be separately accounted for, and shall be stated in the docu- ments accompanying the President’s budget for each fiscal year. (Added Pub. L. 105–114, title II, § 202(a), Nov. 21, 1997, 111 Stat. 2284, § 1772; renumbered § 2032, Pub. L. 107–95, § 5(b)(1), Dec. 21, 2001, 115 Stat. 918.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–95 renumbered section 1772 of this title as this section. § 2033. Additional services at certain locations (a) Subject to the availability of appropria- tions, the Secretary shall operate a program under this section to expand and improve the provision of benefits and services by the Depart- ment to homeless veterans. (b) The program shall include the establish- ment of sites under the jurisdiction of the Sec- retary to be centers for the provision of com- prehensive services to homeless veterans. The services to be provided at each site shall include a comprehensive and coordinated array of those specialized services which may be provided under existing law. The Secretary shall carry out the program under this section in sites in at least each of the 20 largest metropolitan statis- tical areas. (c) The program shall include the services of such employees of the Veterans Benefits Admin- istration as the Secretary determines appro- priate at sites under the jurisdiction of the Sec- retary at which services are provided to home- less veterans. (d) The program under this section shall ter- minate on September 30, 2025. (Added Pub. L. 105–114, title II, § 202(a), Nov. 21, 1997, 111 Stat. 2286, § 1773; renumbered § 2033 and amended Pub. L. 107–95, §§ 5(b)(1), (f), 8(b), Dec. 21, 2001, 115 Stat. 918, 919; Pub. L. 109–444, § 2(d), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 109–461, title VII, § 704(b), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3440, 3468; Pub. L. 112–37, § 10(d), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–191, title II, § 204, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, § 9(b), Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, § 204(b), Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 307(b), Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, § 308(b), Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, § 307(b), Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 144(b), Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–159, div. E, title III, § 5304(b), Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title III, § 303(b), Sept. 30, 2022, 136 Stat. 2138; Pub. L. 118–83, div. B, title III, § 324(b), Sept. 26, 2024, 138 Stat. 1541.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (d). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2020—Subsec. (d). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2018—Subsec. (d). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2019’’. 2017—Subsec. (d). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2019’’ for ‘‘September 30, 2017’’. 2016—Subsec. (d). Pub. L. 114–228 substituted ‘‘Sep- tember 30, 2017’’ for ‘‘September 30, 2016’’. 2015—Subsec. (d). Pub. L. 114–58 substituted ‘‘Sep- tember 30, 2016’’ for ‘‘September 30, 2015’’. 2014—Subsec. (d). Pub. L. 113–175 substituted ‘‘Sep- tember 30, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (d). Pub. L. 113–59 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. 2012—Subsec. (d). Pub. L. 112–191 substituted ‘‘Decem- ber 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (d). Pub. L. 112–37 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. 2006—Subsec. (d). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amend- ments made by Pub. L. 109–444 were deemed for all pur- poses 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 Coordina- tion of Provisions With Pub. L. 109–444 note under sec- tion 101 of this title. Pub. L. 109–461, § 704(b), substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2006’’. Pub. L. 109–444, which substituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.