38 U.S.C. § 2054 — Audit

Page 587 TITLE 38—VETERANS’ BENEFITS § 2061 (B) the housing needs of any such veteran or homeless individual can be met in a man- ner that is compatible with the manner in which the needs of homeless veterans are met under paragraph (1); and (C) the provisions of paragraphs (4) and (5) of subsection (b) are met. (d) In determining whether to guarantee a loan under this subchapter, the Secretary shall consider— (1) the availability of Department of Vet- erans Affairs medical services to residents of the multifamily transitional housing project; and (2) the extent to which needs of homeless veterans are met in a community, as assessed under section 107 of Public Law 102–405. (Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3343, § 3773; renumbered § 2052 and amended Pub. L. 107–95, § 5(d)(1), (2)(C), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–454, title IV, § 402(b), Dec. 10, 2004, 118 Stat. 3616.) Editorial Notes REFERENCES IN TEXT Section 107 of Public Law 102–405, referred to in sub- sec. (d)(2), is set out as a note under section 527 of this title. AMENDMENTS 2004—Subsec. (c)(1). Pub. L. 108–454 substituted ‘‘serv- ices, other commercial activities,’’ for ‘‘services’’. 2001—Pub. L. 107–95, § 5(d)(1), renumbered section 3773 of this title as this section. Subsec. (a). Pub. L. 107–95, § 5(d)(2)(C), substituted ‘‘section 2051 of this title’’ for ‘‘section 3772 of this title’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amend- ment note under section 2106 of this title. § 2053. Default (a) The Secretary shall take such steps as may be necessary to obtain repayment on any loan that is in default and that is guaranteed under this subchapter. (b) Upon default of a loan guaranteed under this subchapter and terminated pursuant to State law, a lender may file a claim under the guarantee for an amount not to exceed the less- er of— (1) the maximum guarantee; or (2) the difference between— (A) the total outstanding obligation on the loan, including principal, interest, and ex- penses authorized by the loan documents, through the date of the public sale (as au- thorized under such documents and State law); and (B) the amount realized at such sale. (Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3344, § 3774; renumbered § 2053, Pub. L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–95 renumbered section 3774 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amend- ment note under section 2106 of this title. § 2054. Audit (a) During each of the first 3 years of oper- ation of a multifamily transitional housing project with respect to which a loan is guaran- teed under this subchapter, there shall be an an- nual, independent audit of such operation. Such audit shall include a detailed statement of the operations, activities, and accomplishments of such project during the year covered by such audit. The party responsible for obtaining such audit (and paying the costs therefor) shall be de- termined before the Secretary issues a guar- antee under this subchapter. (b) After the first three years of operation of such a multifamily transitional housing project, the Secretary may provide for periodic audits of the project. (Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3345, § 3775; amended Pub. L. 106–117, title VII, § 712, Nov. 30, 1999, 113 Stat. 1584; renumbered § 2054, Pub. L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–95 renumbered section 3775 of this title as this section. 1999—Pub. L. 106–117 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amend- ment note under section 2106 of this title. SUBCHAPTER VII—OTHER PROVISIONS § 2061. Grant program for homeless veterans with special needs (a) ESTABLISHMENT.—The Secretary shall carry out a program to make grants to health care facilities of the Department and to entities eligible for grants and per diem payments under sections 2011 and 2012 of this title in order to en- courage development by those facilities and en- tities of programs for homeless veterans with special needs. (b) HOMELESS VETERANS WITH SPECIAL NEEDS.—For purposes of this section, homeless veterans with special needs include homeless veterans who are— (1) women; (2) frail elderly; (3) terminally ill; (4) chronically mentally ill; or (5) individuals who have care of minor de- pendents. (c) PROVISION OF SERVICES TO DEPENDENTS.—A recipient of a grant under subsection (a) may use amounts under the grant to provide services directly to a dependent of a homeless veteran