38 U.S.C. § 2044

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2044 - Financial assistance for supportive services for very low-income veteran families in permanent housing

(a) DISTRIBUTION OF FINANCIAL ASSISTANCE.-

(1) The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of supportive services described in subsection (b) for very low-income veteran families occupying permanent housing.

(2) Financial assistance under this section shall consist of grants for each such family for which an approved eligible entity is providing or coordinating the provision of supportive services.

(3)

(A) The Secretary shall provide such grants to each eligible entity that is providing or coordinating the provision of supportive services.

(B) The Secretary is authorized to establish intervals of payment for the administration of such grants and establish a maximum amount to be awarded, in accordance with the services being provided and their duration.

(4) In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing.

(5) The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands.

(6) Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify that family that such services are being paid for, in whole or in part, by the Department.

(7) The Secretary may require entities receiving financial assistance under this section to submit a report to the Secretary that describes the projects carried out with such financial assistance.

(b) SUPPORTIVE SERVICES.-The supportive services referred to in subsection (a) are the following:

(1) Services provided by an eligible entity or a subcontractor of an eligible entity that address the needs of very low-income veteran families occupying permanent housing, including-

(A) outreach services;

(B) case management services;

(C) assistance in obtaining any benefits from the Department which the veteran may be eligible to receive, including, but not limited to, vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; and

(D) assistance in obtaining and coordinating the provision of other public benefits provided in Federal, State, or local agencies, or any organization defined in subsection (f), including-

(i) health care services (including obtaining health insurance);

(ii) daily living services;

(iii) personal financial planning;

(iv) transportation services;

(v) income support services;

(vi) fiduciary and representative payee services;

(vii) legal services to assist the veteran family with issues that interfere with the family's ability to obtain or retain housing or supportive services;

(viii) child care;

(ix) housing counseling; and

(x) other services necessary for maintaining independent living.

(2) Services described in paragraph (1) that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days pending the location or development of housing suitable for permanent housing.

(3) Services described in paragraph (1) for very low-income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days after such families exit permanent housing or until such families commence receipt of other housing services adequate to meet their current needs, but only to the extent that services under this paragraph are designed to support such families in their choice to transition into housing that is responsive to their individual needs and preferences.

(c) APPLICATION FOR FINANCIAL ASSISTANCE.-

(1) An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section.

(2) Each application submitted by an eligible entity under paragraph (1) shall contain-

(A) a description of the supportive services proposed to be provided by the eligible entity and the identified needs for those services;

(B) a description of the types of very low-income veteran families proposed to be provided such services;

(C) an estimate of the number of very low-income veteran families proposed to be provided such services;

(D) evidence of the experience of the eligible entity in providing supportive services to very low-income veteran families; and

(E) a description of the managerial capacity of the eligible entity-

(i) to coordinate the provision of supportive services with the provision of permanent housing by the eligible entity or by other organizations;

(ii) to assess continuously the needs of very low-income veteran families for supportive services;

(iii) to coordinate the provision of supportive services with the services of the Department;

(iv) to tailor supportive services to the needs of very low-income veteran families; and

(v) to seek continuously new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families.

(3) The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section.

(d) TECHNICAL ASSISTANCE.-

(1) The Secretary shall provide training and technical assistance to participating eligible entities regarding the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing, through the Technical Assistance grants program in section 2064 of this title.

(2) The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities.

(e) FUNDING.-From amounts appropriated to the Department for Medical Services, there shall be available to carry out subsections (a), (b), and (c) amounts as follows:

(1) $15,000,000 for fiscal year 2009.

(2) $20,000,000 for fiscal year 2010.

(3) $25,000,000 for fiscal year 2011.

(4) $100,000,000 for fiscal year 2012.

(5) $320,000,000 for each of fiscal years 2015 through 2017.

(6) $340,000,000 for fiscal year 2018.

(7) $380,000,000 for each of fiscal years 2019 and 2020.

(8) $420,000,000 for each of fiscal years 2021 through 2025.

(f) DEFINITIONS.-In this section:

(1) The term "consumer cooperative" has the meaning given such term in section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).

(2) The term "eligible entity" means-

(A) a private nonprofit organization; or

(B) a consumer cooperative.

(3) The term "homeless" has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).

(4) The term "permanent housing" means community-based housing without a designated length of stay.

(5) The term "private nonprofit organization" means any of the following:

(A) Any incorporated private institution or foundation-

(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;

(ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; and

(iii) which is approved by the Secretary as to financial responsibility.

(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(C) A corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).

(6)

(A) Subject to subparagraphs (B) and (C), the term "very low-income veteran family" means a veteran family whose income does not exceed 50 percent of the median income for an area specified by the Secretary for purposes of this section, as determined by the Secretary in accordance with this paragraph.

(B) The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size.

(C) The Secretary may establish an income ceiling higher or lower than 50 percent of the median income for an area if the Secretary determines that such variations are necessary because the area has unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes.

(7) The term "veteran family" includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.

38 U.S.C. § 2044

Added Pub. L. 110-387, title VI, §604(b)(1), Oct. 10, 2008, 122 Stat. 4132; amended Pub. L. 111-275, title X, §1001(e), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 112-37, §12, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112-154, title III, §305(c), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113-37, §2(f)(2), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113-175, title II, §206, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114-58, title III, §304, title VI, §601(9), Sept. 30, 2015, 129 Stat. 534, 538; Pub. L. 114-228, title III, §305, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115-62, title III, §304, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115-251, title I, §145, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116-61, §4, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116-159, div. E, title III, §53055305,, 134 Stat. 751; Pub. L. 117-180, div. E, title III, §304, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117-328, div. U, title III, §305(a), Dec. 29, 2022, 136 Stat. 5471; Pub. L. 118-83, div. B, title III, §325, Sept. 26, 2024, 138 Stat. 1541.

EDITORIAL NOTES

CODIFICATION Pub. L. 112-37, §12, Oct. 5, 2011, 125 Stat. 397, which directed amendment of "section 2044" without specifying the Code title to be amended, was executed to this section, which is section 2044 of Title 38, Veterans' Benefits, to reflect the probable intent of Congress. See 2011 Amendment notes below.

AMENDMENTS2024-Subsec. (e). Pub. L. 118-83 substituted "2025" for "2024" in subpar. (H) and redesignated subpars. (A) to (H) as pars. (1) to (8), respectively.2022-Subsec. (e). Pub. L. 117-328, §305(a), struck out par. (1) designation before "From amounts" and struck out pars. (2) and (3) which read as follows:"(2) Not more than $750,000 may be available under paragraph (1) in any fiscal year to provide technical assistance under subsection (d)."(3) There is authorized to be appropriated $1,000,000 for each of the fiscal years 2009 through 2012 to carry out the provisions of subsection (d)." Subsec. (e)(1)(H). Pub. L. 117-180 substituted "through 2024" for "and 2022".2020-Subsec. (e)(1)(G). Pub. L. 116-159, §5305(1), substituted "and 2020" for "through 2021". Subsec. (e)(1)(H). Pub. L. 116-159, §5305(2), added subpar. (H). 2019-Subsec. (e)(1)(G). Pub. L. 116-61 substituted "each of fiscal years 2019 through 2021" for "fiscal year 2019". 2018-Subsec. (e)(1)(F), (G). Pub. L. 115-251 added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: "$320,000,000 for each of fiscal years 2018 through 2019." 2017-Subsec. (e)(1)(F). Pub. L. 115-62 added subpar. (F).2016-Subsec. (e)(1)(E). Pub. L. 114-228 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "$300,000,000 for each of fiscal years 2015 through 2016." 2015-Subsec. (b)(1)(D). Pub. L. 114-58, §601(9), substituted "Federal" for "federal" in introductory provisions. Subsec. (e)(1)(E). Pub. L. 114-58, §304, substituted "fiscal years 2015 through 2016" for "fiscal years 2013 through 2015". 2014-Subsec. (e)(1)(E). Pub. L. 113-175 substituted "fiscal years 2013 through 2015" for "fiscal years 2013 and 2014". 2013-Subsec. (e)(1)(E). Pub. L. 113-37 substituted "for each of fiscal years 2013 and 2014" for "for fiscal year 2013". 2012-Subsec. (e)(1)(E). Pub. L. 112-154 added subpar. (E).2011-Subsec. (e)(1). Pub. L. 112-37, §12(b), substituted "subsections" for "subsection" in introductory provisions. See Codification note above.Subsec. (e)(1)(D). Pub. L. 112-37, §12(a)(1), added subpar. (D). See Codification note above. Subsec. (e)(3). Pub. L. 112-37, §12(a)(2), substituted "2012" for "2011". See Codification note above. 2010-Subsec. (e)(3). Pub. L. 111-275 substituted "fiscal years" for "fiscal year".

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.

FUNDING LIMITS FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING DURING A PUBLIC HEALTH EMERGENCY Pub. L. 116-136, div. B, title X, §200120012,, 134 Stat. 589, provided that: "In the case of a public health emergency, nothing in subsection (e)(1) of section 2044 of title 38, United States Code, may be construed as limiting amounts that may be made available for carrying out subsections (a), (b), and (c) of such section."[For definition of "public health emergency" as used in section 20012 of Pub. L. 116-136 set out above, see section 20003 of Pub. L. 116-136 set out as a note under section 303 of this title.]

PURPOSE Pub. L. 110-387, title VI, §604(a), Oct. 10, 2008, 122 Stat. 4132, provided that: "The purpose of this section [enacting this section] is to facilitate the provision of supportive services for very low-income veteran families in permanent housing."