II 

116TH CONGRESS 

2D SESSION S. 3898 

To provide flexibility for the Secretary of Veterans Affairs in caring for 

homeless veterans during a covered public health emergency, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. SULLIVAN (for himself, Ms. SINEMA, Mr. MORAN, Mr. TESTER, Mr. 

CRAPO, Mrs. FEINSTEIN, Mrs. LOEFFLER, Mr. BLUMENTHAL, Mr. 

TILLIS, Ms. HIRONO, Mrs. CAPITO, Mr. KAINE, Mr. CRUZ, Mrs. GILLIBRAND, Mr. RISCH, Mrs. SHAHEEN, Mr. HOEVEN, Ms. HASSAN, Ms. 

ERNST, Ms. COLLINS, Mr. CRAMER, and Ms. MCSALLY) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

A BILL 

To provide flexibility for the Secretary of Veterans Affairs 

in caring for homeless veterans during a covered public 

health emergency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeless Veterans 

5 Coronavirus Response Act of 2020’’. 


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1 SEC. 2. FLEXIBILITY FOR THE SECRETARY OF VETERANS 

2 AFFAIRS IN CARING FOR HOMELESS VET3 ERANS DURING A COVERED PUBLIC HEALTH 

4 EMERGENCY. 

5 (a) GENERAL SUPPORT.— 

6 (1) USE OF FUNDS.—During a covered public 

7 health emergency, the Secretary of Veterans Affairs 

8 may use amounts appropriated or otherwise made 

9 available to the Department of Veterans Affairs to 

10 carry out sections 2011, 2012, 2031, and 2061 of 

11 title 38, United States Code, to provide to homeless 

12 veterans and veterans participating in the program 

13 carried out under section 8(o)(19) of the United 

14 States Housing Act of 1937 (42 U.S.C. 

15 1437f(o)(19)) (commonly referred to as ‘‘HUD– 

16 VASH’’), as the Secretary determines is needed, the 

17 following: 

18 (A) Assistance required for safety and sur19 vival (such as food, shelter, clothing, blankets, 

20 and hygiene items). 

21 (B) Transportation required to support 

22 stability and health (such as for appointments 

23 with service providers, conducting housing 

24 searches, and obtaining food and supplies). 

25 (C) Communications equipment and serv26 ices (such as tablets, smartphones, disposable 


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1 phones, and related service plans) required to 

2 support stability and health (such as maintain3 ing contact with service providers, prospective 

4 landlords, and family). 

5 (D) Such other assistance as the Secretary 

6 determines is needed. 

7 (2) HOMELESS VETERANS ON LAND OF THE

8 DEPARTMENT.— 

9 (A) COLLABORATION.—During a covered 

10 public health emergency, to the extent possible, 

11 the Secretary may collaborate with one or more 

12 organizations to manage use of land of the De13 partment for homeless veterans for living and 

14 sleeping. 

15 (B) ELEMENTS.—Collaboration under sub16 paragraph (A) may include the provision by ei17 ther the Secretary or the organization of food 

18 services and security for property, buildings, 

19 and other facilities owned or controlled by the 

20 Department. 

21 (b) GRANT AND PER DIEM PROGRAM.— 

22 (1) LIMITS ON RATES FOR PER DIEM PAY23 MENTS.—Section 20013(b) of the Coronavirus Aid, 

24 Relief, and Economic Security Act (Public Law 

25 116–136) is amended— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) in the matter preceding subparagraph 

4 (A), as so redesignated, by inserting ‘‘(1)’’ be5 fore ‘‘In the case’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(2) If the Secretary waives any limit on grant 

8 amounts or rates for per diem payments under paragraph 

9 (1), notwithstanding section 2012(a)(2)(B) of such title, 

10 the maximum rate for per diem payments described in 

11 paragraph (1)(B) shall be three times the rate authorized 

12 for State homes for domiciliary care under section 1741 

13 of such title.’’. 

14 (2) USE OF PER DIEM PAYMENTS.—During a 

15 covered public health emergency, a recipient of a 

16 grant or an eligible entity under the grant and per 

17 diem program of the Department (in this subsection 

18 referred to as the ‘‘program’’) may use per diem 

19 payments under sections 2012 and 2061 of title 38, 

20 United States Code, to provide assistance required 

21 for safety and survival (such as food, shelter, cloth22 ing, blankets, and hygiene items) for— 

23 (A) homeless veterans; and 

24 (B) formerly homeless veterans residing in 

25 a facility operated wholly or in part by such a 


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1 recipient or eligible entity receiving per diem 

2 payments under section 2012 of such title. 

3 (3) ADDITIONAL TRANSITIONAL HOUSING.— 

4 (A) IN GENERAL.—During a covered pub5 lic health emergency, under the program, the 

6 Secretary may provide amounts for additional 

7 transitional housing beds to facilitate access to 

8 housing and services provided to homeless vet9 erans. 

10 (B) NOTICE; COMPETITION; PERIOD OF

11 PERFORMANCE.—The Secretary may provide 

12 amounts under subparagraph (A)— 

13 (i) without notice or competition; and 

14 (ii) for a period of performance deter15 mined by the Secretary. 

16 (4) INSPECTIONS AND LIFE SAFETY CODE RE17 QUIREMENTS.— 

18 (A) IN GENERAL.—During a covered pub19 lic health emergency, the Secretary may waive 

20 any requirement under subsection (b) or (c) of 

21 section 2012 of title 38, United States Code, in 

22 order to allow the recipient of a grant or an eli23 gible entity under the program— 


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1 (i) to quickly identify temporary alter2 nate sites of care for homeless veterans 

3 that are suitable for habitation; 

4 (ii) to facilitate social distancing or 

5 isolation needs; or 

6 (iii) to facilitate activation or continu7 ation of a program for which a grant has 

8 been awarded. 

9 (B) LIMITATION.—The Secretary may 

10 waive a requirement pursuant to the authority 

11 provided by subparagraph (A) with respect to a 

12 facility of a recipient of a grant or an eligible 

13 entity under the program only if the facility 

14 meets applicable local safety requirements, in15 cluding fire safety requirements. 

16 (c) INSPECTION AND LIFE SAFETY CODE REQUIRE17 MENTS FOR THERAPEUTIC HOUSING.— 

18 (1) IN GENERAL.—During a covered public 

19 health emergency, the Secretary may waive any in20 spection or life safety code requirement under sub21 section (c) of section 2032 of title 38, United States 

22 Code— 

23 (A) to allow quick identification of tem24 porary alternate sites of care for homeless vet25 erans that are suitable for habitation; 


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1 (B) to facilitate social distancing or isola2 tion needs; or 

3 (C) to facilitate the operation of housing 

4 under such section. 

5 (2) LIMITATION.—The Secretary may waive a 

6 requirement pursuant to the authority provided by 

7 paragraph (1) with respect to a residence or facility 

8 referred to in such section 2032 only if the residence 

9 or facility, as the case may be, meets applicable local 

10 safety requirements, including fire safety require11 ments. 

12 (d) ACCESS TO DEPARTMENT OF VETERANS AF13 FAIRS TELEHEALTH SERVICES.—To the extent prac14 ticable, during a covered public health emergency, the Sec15 retary shall ensure that veterans participating in or receiv16 ing services from a program under chapter 20 of title 38, 

17 United States Code, have access to telehealth services to 

18 which such veterans are eligible under the laws adminis19 tered by the Secretary, including by ensuring that tele20 health capabilities are available to— 

21 (1) such veterans; 

22 (2) case managers of the Department of pro23 grams for homeless veterans authorized under such 

24 chapter; and 


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1 (3) community-based service providers for 

2 homeless veterans receiving funds from the Depart3 ment through grants or contracts. 

4 (e) DEFINITIONS.—In this section: 

5 (1) COVERED PUBLIC HEALTH EMERGENCY.— 

6 The term ‘‘covered public health emergency’’ means 

7 an emergency with respect to COVID–19 declared 

8 by a Federal, State, or local authority. 

9 (2) HOMELESS VETERAN; VETERAN.—The 

10 terms ‘‘homeless veteran’’ and ‘‘veteran’’ have the 

11 meanings given those terms in section 2002 of title 

12 38, United States Code. 

13 (3) TELEHEALTH.— 

14 (A) IN GENERAL.—The term ‘‘telehealth’’ 

15 means the use of electronic information and 

16 telecommunications technologies to support and 

17 promote long-distance clinical health care, pa18 tient and professional health-related education, 

19 public health, and health administration. 

20 (B) TECHNOLOGIES.—For purposes of 

21 subparagraph (A), ‘‘telecommunications tech22 nologies’’ include video conferencing, the inter23 net, streaming media, and terrestrial and wire24 less communications. 


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1 SEC. 3. EMERGENCY DESIGNATIONS. 

2 (a) IN GENERAL.—This Act is designated as an 

3 emergency requirement pursuant to section 4(g) of the 

4 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

5 (b) DESIGNATION IN SENATE.—In the Senate, this 

6 Act is designated as an emergency requirement pursuant 

7 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

8 the concurrent resolution on the budget for fiscal year 

9 2018. 

Æ 


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