38 U.S.C. § 2022A — Legal services for homeless veterans and

Page 574 TITLE 38—VETERANS’ BENEFITS § 2022A provide for appropriate officials of the Mental Health Service and the Readjustment Coun- seling Service of the Veterans Health Adminis- tration to develop a coordinated plan for joint outreach by the two Services to veterans at risk of homelessness, including particularly veterans who are being discharged or released from insti- tutions after inpatient psychiatric care, sub- stance abuse treatment, or imprisonment. (b) MATTERS TO BE INCLUDED.—The outreach plan under subsection (a) shall include the fol- lowing: (1) Strategies to identify and collaborate with non-Department entities used by vet- erans who have not traditionally used Depart- ment services to further outreach efforts. (2) Strategies to ensure that mentoring pro- grams, recovery support groups, and other ap- propriate support networks are optimally available to veterans. (3) Appropriate programs or referrals to fam- ily support programs. (4) Means to increase access to case manage- ment services. (5) Plans for making additional employment services accessible to veterans. (6) Appropriate referral sources for mental health and substance abuse services. (c) COOPERATIVE RELATIONSHIPS.—The out- reach plan under subsection (a) shall identify strategies for the Department to enter into for- mal cooperative relationships with entities out- side the Department to facilitate making serv- ices and resources optimally available to vet- erans. (d) REVIEW OF PLAN.—The Secretary shall sub- mit the outreach plan under subsection (a) to the Advisory Committee on Homeless Veterans for its review and consultation. (e) OUTREACH PROGRAM.—(1) The Secretary shall carry out an outreach program to provide information to homeless veterans and veterans at risk of homelessness. The program shall in- clude at a minimum— (A) provision of information about benefits available to eligible veterans from the Depart- ment; and (B) contact information for local Depart- ment facilities, including medical facilities, regional offices, and veterans centers. (2) In developing and carrying out the program under paragraph (1), the Secretary shall, to the extent practicable, consult with appropriate public and private organizations, including the Bureau of Prisons, State social service agencies, the Department of Defense, and mental health, veterans, and homeless advocates— (A) for assistance in identifying and con- tacting veterans who are homeless or at risk of homelessness; (B) to coordinate appropriate outreach ac- tivities with those organizations; and (C) to coordinate services provided to vet- erans with services provided by those organi- zations. (f) REPORTS.—(1) Not later than October 1, 2002, the Secretary shall submit to the Commit- tees on Veterans’ Affairs of the Senate and House of Representatives an initial report that contains an evaluation of outreach activities carried out by the Secretary with respect to homeless veterans, including outreach regarding clinical issues and other benefits administered under this title. The Secretary shall conduct the evaluation in consultation with the Under Sec- retary for Benefits, the Department of Veterans Affairs central office official responsible for the administration of the Readjustment Counseling Service, the Director of Homeless Veterans Pro- grams, and the Department of Veterans Affairs central office official responsible for the admin- istration of the Mental Health Strategic Health Care Group. (2) Not later than December 31, 2005, the Sec- retary shall submit to the committees referred to in paragraph (1) an interim report on out- reach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following: (A) The Secretary’s outreach plan under sub- section (a), including goals and time lines for implementation of the plan for particular fa- cilities and service networks. (B) A description of the implementation and operation of the outreach program under sub- section (e). (C) A description of the implementation and operation of the program under section 2023 of this title. (3) Not later than July 1, 2007, the Secretary shall submit to the committees referred to in paragraph (1) a final report on outreach activi- ties carried out by the Secretary with respect to homeless veterans. The report shall include the following: (A) An evaluation of the effectiveness of the outreach plan under subsection (a). (B) An evaluation of the effectiveness of the outreach program under subsection (e). (C) An evaluation of the effectiveness of the demonstration program under section 2023 of this title. (D) Recommendations, if any, regarding an extension or modification of such outreach plan, such outreach program, and such dem- onstration program. (Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 910; amended Pub. L. 110–387, title VI, § 602(d)(3), Oct. 10, 2008, 122 Stat. 4132.) Editorial Notes PRIOR PROVISIONS A prior section 2022 was renumbered section 4302 of this title 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 2008—Subsec. (f)(2)(C). Pub. L. 110–387 struck out ‘‘demonstration’’ before ‘‘program’’. § 2022A. Legal services for homeless veterans and veterans at risk for homelessness (a) GRANTS.—Subject to the availability of ap- propriations provided for such purpose, the Sec- retary shall award grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness. (b) CRITERIA.—(1) The Secretary shall— Page 575 TITLE 38—VETERANS’ BENEFITS § 2023 (A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and (B) publish such criteria and requirements in the Federal Register. (2) In establishing criteria and requirements under paragraph (1), the Secretary shall— (A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, on trust lands, and in the territories and possessions of the United States; and (B) consult with organizations that have ex- perience in providing services to homeless vet- erans, including— (i) veterans service organizations; (ii) the Equal Justice Works AmeriCorps Veterans Legal Corps; and (iii) such other organizations as the Sec- retary determines appropriate. (c) ELIGIBLE ENTITIES.—The Secretary may award a grant under this section to an entity ap- plying for such a grant only if the applicant for the grant— (1) is a public or nonprofit private entity with the capacity (as determined by the Sec- retary) to effectively administer a grant under this section; (2) demonstrates that adequate financial support will be available to carry out the serv- ices for which the grant is sought consistent with the application; (3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and (4) has, as determined by the Secretary, demonstrated the capacity to meet such cri- teria and requirements. (d) USE OF FUNDS.—Grants under this section shall be used to provide homeless veterans and veterans at risk for homelessness the following legal services: (1) Legal services relating to housing, in- cluding eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases. (2) Legal services relating to family law, in- cluding assistance in court proceedings for child support, divorce, estate planning, and family reconciliation. (3) Legal services relating to income sup- port, including assistance in obtaining public benefits. (4) Legal services relating to criminal de- fense, including defense in matters sympto- matic of homelessness, such as outstanding warrants, fines, and driver’s license revoca- tion, to reduce recidivism and facilitate the overcoming of reentry obstacles in employ- ment or housing. (5) Legal services relating to requests to up- grade the characterization of a discharge or dismissal of a former member of the Armed Forces under section 1553 of title 10. (6) Such other legal services as the Sec- retary determines appropriate. (e) FUNDS FOR WOMEN VETERANS.—For any fis- cal year, not less than 10 percent of the amount authorized to be appropriated for grants under this section shall be used to provide legal serv- ices described in subsection (d) to women vet- erans. (f) LOCATIONS.—To the extent practicable, the Secretary shall award grants under this section to eligible entities in a manner that is equitably distributed across the geographic regions of the United States, including with respect to— (1) rural communities; (2) trust lands (as defined in section 3765 of this title); (3) Native Americans; and (4) tribal organizations (as defined in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304)). (g) BIENNIAL REPORTS.—(1) Not less frequently than once every two years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report on grants awarded under this section. (2) To the extent feasible, each report required by paragraph (1) shall include the following with respect to the period covered by the report: (A) The number of homeless veterans and veterans at risk for homelessness assisted. (B) A description of the legal services pro- vided. (C) A description of the legal matters ad- dressed. (D) An analysis by the Secretary with re- spect to the operational effectiveness and cost-effectiveness of the services provided. (Added Pub. L. 116–315, title IV, § 4202(a), Jan. 5, 2021, 134 Stat. 5011.) Statutory Notes and Related Subsidiaries CRITERIA Pub. L. 116–315, title IV, § 4202(c), Jan. 5, 2021, 134 Stat. 5012, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], the Sec- retary of Veterans Affairs shall establish and publish in the Federal Register the criteria and requirements pur- suant to subsection (b)(1) of section 2022A of title 38, United States Code, as added by subsection (a).’’ § 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions (a) PROGRAM AUTHORITY.—The Secretary and the Secretary of Labor (hereinafter in this sec- tion referred to as the ‘‘Secretaries’’) shall carry out a program of referral and counseling serv- ices to eligible veterans with respect to benefits and services available to such veterans under this title and under State law. (b) LOCATION OF PROGRAM.—The program shall be carried out in at least 12 locations. One loca- tion shall be a penal institution under the juris- diction of the Bureau of Prisons. (c) SCOPE OF PROGRAM.—(1) To the extent prac- ticable, the program shall provide both referral and counseling services, and in the case of coun- seling services, shall include counseling with re- spect to job training and placement (including job readiness), housing, health care, and other benefits to assist the eligible veteran in the transition from institutional living. (2)(A) To the extent that referral or counseling services are provided at a location under the