
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-95 Section 5(b)(1)]
[CITE: 38USC1772]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
SUBCHAPTER VII--TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL 
                          AND HOMELESS VETERANS
 
Sec. 1772. Therapeutic housing

    (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.

(Added Pub. L. 105-114, title II, Sec. 202(a), Nov. 21, 1997, 111 Stat. 
2284.)


                            Prior Provisions

    A prior section 1772 was renumbered section 3672 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1771 of this title.
