38 U.S.C. § 2031 — General treatment

Page 576 TITLE 38—VETERANS’ BENEFITS § 2031 program, referral services shall be provided in person during such period of time that the Sec- retaries 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 pro- gram, furnish to officials of penal institutions outreach information with respect to referral and counseling services for presentation to vet- erans in the custody of such officials during the 18-month period that precedes such date of re- lease or discharge. (3) The Secretaries may make grants to carry out the referral and counseling services required under the program with entities or organiza- tions that meet such requirements as the Secre- taries 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 ap- propriate. (d) DEFINITION.—In this section, the term ‘‘eli- gible 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.) Editorial Notes PRIOR PROVISIONS Prior sections 2023 to 2027 were renumbered sections 4303 to 4307 of this title, respectively, and subsequently omitted in the general amendment of chapter 43 of this title by Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150. AMENDMENTS 2021—Subsecs. (d), (e). Pub. L. 116–315 redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘The authority of the Secretaries to enter into a con- tract to provide referral and counseling services under the demonstration program shall cease on 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, 2018’’. 2017—Subsec. (d). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2018’’ 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. (c)(3). Pub. L. 113–175, § 203(b), sub- stituted ‘‘make grants’’ for ‘‘enter into contracts’’. Subsec. (d). Pub. L. 113–175, § 203(a), substituted ‘‘Sep- tember 30, 2015’’ for ‘‘September 30, 2014’’. 2013—Subsec. (d). Pub. L. 113–37 inserted ‘‘to enter into a contract’’ before ‘‘to provide’’ and substituted ‘‘September 30, 2014’’ for ‘‘September 30, 2013’’. Pub. L. 112–239 substituted ‘‘September 30, 2013’’ for ‘‘September 30, 2012’’. 2008—Pub. L. 110–387, § 602(d)(2), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Demonstration program of referral and counseling for veterans transitioning from certain institutions who are at risk for homelessness’’. Subsec. (a). Pub. L. 110–387, § 602(a), substituted ‘‘a program of’’ for ‘‘a demonstration program for the pur- pose of determining the costs and benefits of pro- viding’’. Subsec. (b). Pub. L. 110–387, § 602(b), in heading, struck out ‘‘Demonstration’’ before ‘‘Program’’ and in text, struck out ‘‘demonstration’’ before ‘‘program’’ and sub- stituted ‘‘12 locations’’ for ‘‘six locations’’. Subsec. (c)(1). Pub. L. 110–387, § 602(d)(1), struck out ‘‘demonstration’’ before ‘‘program’’. Subsec. (d). Pub. L. 110–387, § 602(c), substituted ‘‘Sep- tember 30, 2012.’’ for ‘‘September 30, 2007.’’ 2007—Subsec. (d). Pub. L. 110–28 substituted ‘‘shall cease on September 30, 2007’’ for ‘‘shall cease on the date that is four years after the date of the commence- ment of the program’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title. SUBCHAPTER IV—TREATMENT AND REHA- BILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS Editorial Notes AMENDMENTS 2001—Pub. L. 107–95, § 5(b)(1), Dec. 21, 2001, 115 Stat. 918, redesignated subchapter VII of chapter 17 of this title as this subchapter. § 2031. General treatment (a) In providing care and services under sec- tion 1710 of this title to veterans suffering from serious mental illness and to veterans who are homeless, the Secretary may provide (directly or in conjunction with a governmental or other entity)— (1) outreach services; (2) care, treatment, and rehabilitative serv- ices (directly or by contract in community- based treatment facilities, including halfway houses); and (3) therapeutic transitional housing assist- ance under section 2032 of this title, in con- junction with work therapy under subsection (a) or (b) of section 1718 of this title and out- patient care. (b) The authority of the Secretary under sub- section (a) expires on September 30, 2025. (Added Pub. L. 105–114, title II, § 202(a), Nov. 21, 1997, 111 Stat. 2284, § 1771; renumbered § 2031 and 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