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

submitted 29 years ago by Pub. L. 105-114 to r/title-38-VETERANS-BENEFITS · 817 words · no verdicts yet

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This section lets the Secretary operate therapeutic and transitional housing connected with compensated work therapy programs. It sets resident, payment, sobriety, safety, property, funding, and accounting rules.

(a) The Secretary may operate residences and facilities as “therapeutic housing” in connection with compensated work therapy programs.

(b) For residential housing used under this section, the Secretary may use procurement procedures for buying, leasing, or otherwise acquiring it that the Secretary considers suitable to speed the opening and operation of transitional housing and protect the United States’ interests.

(c) A residence or facility may operate as transitional housing for veterans described in paragraphs (1) and (2) of section 1710(a) under these conditions:

(1) Only those veterans and a house manager may live there.

(2) Every resident except the house manager must make payments that help cover food and lodging expenses and the residence’s operating costs during the resident’s stay.

(3) To support the housing’s therapeutic and rehabilitative goals:

(A) residents may not use alcohol or any controlled substance or item;

(B) a resident who violates that rule may be expelled; and

(C) each resident must agree to drug testing or other measures the Secretary prescribes to ensure compliance.

(4) When establishing and operating the housing, the Secretary must consult appropriate representatives of the community where it is located. The Secretary must comply with zoning, building-permit, and similar requirements that apply to other real property used for similar purposes in that community.

(5) The residence or facility must meet State and community fire and safety requirements that apply to other real property used for similar purposes in the community. Federal-government building fire and safety requirements do not apply to this property.

(d) The Secretary must set qualifications for house managers of transitional-housing units under this section. The Secretary may provide a house manager free room and subsistence in addition to, or instead of, paying a fee for the manager’s services.

(e)(1) The Secretary may operate as transitional housing:

(A) suitable residential property acquired after a default on a loan made, guaranteed, or insured under chapter 37;

(B) suitable space in a facility under the Secretary’s authority that is no longer used for acute hospital care or for housing medical-center employees; and

(C) any other suitable residential property the Secretary buys, leases, or otherwise acquires.

(2) For property under paragraph (1)(A), the Secretary must:

(A) transfer administrative jurisdiction within the Department from the Veterans Benefits Administration to the Veterans Health Administration; and

(B) transfer from the General Post Fund to the Loan Guaranty Revolving Fund under chapter 37 an amount, not more than what the Secretary paid for the property, that represents what the Secretary believes could be obtained by selling the property to a nonprofit organization or State for use as a shelter for homeless veterans.

(3) For residential property obtained from the Department of Housing and Urban Development under this section, the Secretary may not pay that Department more than the amount the Secretary of Housing and Urban Development would charge to sell the property to a nonprofit organization or State for use as a shelter for homeless people. The payment must come from the General Post Fund.

(f) The Secretary must prescribe:

(1) a procedure for setting reasonable payment rates for people living in transitional housing; and

(2) appropriate limits on how long those people may live there.

(g) The Secretary may dispose of property acquired for this section. Put the proceeds into the General Post Fund.

(h) Deposit funds the Department receives under this section into the General Post Fund. The Secretary may distribute from that fund amounts needed to acquire, manage, maintain, and dispose of real property for this program. For each fiscal year, the Secretary must operate the program so that these expenditures do not exceed the proceeds credited to the fund under this section by more than $500,000. Account separately for the program and its receipts, and state them in the documents accompanying the President’s budget for each fiscal year.

the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary, in connection with the conduct of compensated work therapy programs, may operate residences and facilities as therapeutic housing.

(b)

The Secretary may use such procurement procedures for the purchase, lease, or other acquisition of residential housing for purposes of this section as the Secretary considers appropriate 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 operated as transitional housing for veterans described in paragraphs (1) and (2) of section 1710(a) of this title under the following conditions:

(1)

Only veterans described in those paragraphs and a house manager may reside in the residence or facility.

(2)

Each resident, other than the house manager, 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 rehabilitative objectives of such housing (A) residents shall be prohibited from using alcohol 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 testing 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 established and shall comply with zoning requirements, 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 similar 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 qualifications for house managers for transitional housing units operated under this section. The Secretary may provide for free room and subsistence for a house manager in addition to, or instead of payment of, a fee for the services provided by the manager.

(e)
(1)

The Secretary may operate as transitional housing under this section—

(A)

any suitable residential property acquired by the Secretary as the result of a default 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 employees; 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 Veterans Benefits Administration to the Veterans 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 exceed the amount the Secretary paid for the property) representing the amount the Secretary considers could be obtained by sale of such property to a nonprofit organization or a State for use as a shelter for homeless veterans.

(3)

In the case of any residential property obtained by the Secretary from the Department of Housing and Urban Development under this section, 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 transitional 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 proceeds 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 acquisition, management, maintenance, and disposition of real property for the purpose of carrying out such program. The Secretary shall manage the operation of this section so as to ensure 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 documents accompanying the President’s budget for each fiscal year.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 105-114 · 111 Stat. 2284
  • 2001Amended · Pub. L. 107-95 · 115 Stat. 918

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-114 on 1997-11-21.

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