II 

113TH CONGRESS 

1ST SESSION S. 1580 

To amend title 38, United States Code, to require recipients of per diem 

payments from the Secretary of Veterans Affairs for the provision of 

services for homeless veterans to comply with codes relevant to operations 

and level of care provided, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2013 

Mr. BEGICH introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to require recipients 

of per diem payments from the Secretary of Veterans 

Affairs for the provision of services for homeless veterans 

to comply with codes relevant to operations and level 

of care provided, 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 ‘‘Ensuring Safe Shelter 

5 for Homeless Veterans Act of 2013’’. 


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1 SEC. 2. CONDITIONS ON AWARD OF PER DIEM PAYMENTS 

2 BY SECRETARY OF VETERANS AFFAIRS FOR 

3 PROVISION OF HOUSING OR SERVICES TO 

4 HOMELESS VETERANS. 

5 (a) CONDITION.— 

6 (1) IN GENERAL.—Section 2012(c)(1) of title 

7 38, United States Code, is amended by striking ‘‘un8 less the facilities’’ and all that follows through ‘‘may 

9 specify.’’ and inserting the following: ‘‘unless the 

10 Secretary certifies the following: 

11 ‘‘(A) That the building where the entity pro12 vides housing or services for which the entity would 

13 receive such payment is in compliance with the codes 

14 relevant to the operations and level of care provided, 

15 including applicable provisions of the most recently 

16 published version of the Life Safety Code of the Na17 tional Fire Protection Association or such other 

18 comparable fire and safety requirements as the Sec19 retary may specify. 

20 ‘‘(B) That such building and such housing or 

21 services are in compliance with licensing require22 ments, fire and safety requirements, and any other 

23 requirements in the jurisdiction in which the build24 ing is located regarding the condition of the building 

25 and the provision of such housing or services.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall apply with respect to an ap3 plication for a per diem payment under section 2012 

4 of title 38, United States Code, submitted on or 

5 after the date of the enactment of this Act. 

6 (b) ANNUAL INSPECTIONS REQUIRED.—Section 

7 2012 of such title is amended by striking subsection (b) 

8 and inserting the following new subsection (b): 

9 ‘‘(b)(1) Not less frequently than once each fiscal year, 

10 the Secretary shall inspect each facility of each grant re11 cipient or entity eligible for payments under subsection (a) 

12 at which the recipients and entities provide services under 

13 section 2011 of this title or this section. 

14 ‘‘(2) Except as provided in paragraph (1), inspections 

15 made under such paragraph shall be made at such times 

16 as the Secretary considers necessary. 

17 ‘‘(3) An inspection of a facility of a recipient or entity 

18 described in paragraph (1) made under such paragraph 

19 may be made with or without prior notice to the recipient 

20 or entity, as the Secretary considers appropriate. 

21 ‘‘(4) No per diem payment may be provided to a 

22 grant recipient or eligible entity under this section unless 

23 the facilities of the grant recipient or eligible entity meet 

24 such standards as the Secretary shall prescribe.’’. 


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1 (c) REVOCATION OF CERTIFICATION AUTHORIZED.— 

2 Subsection (c) of such section is amended— 

3 (1) by redesignating paragraphs (2) and (3) as 

4 paragraphs (4) and (5), respectively; 

5 (2) in paragraph (1), as amended by subsection 

6 (a)(1), by striking ‘‘in paragraph (2)’’ and inserting 

7 ‘‘in paragraph (4)’’; and 

8 (3) by inserting after paragraph (1) the fol9 lowing new paragraph (2): 

10 ‘‘(2) The Secretary may revoke any certification 

11 made under paragraph (1) if the Secretary determines 

12 that such certification is no longer accurate.’’. 

13 (d) CONGRESSIONAL NOTIFICATION OF TERMI14 NATION OF PER DIEM REQUIRED.—Such subsection is 

15 further amended by inserting after paragraph (2) the fol16 lowing new paragraph (3): 

17 ‘‘(3) Not later than 30 days after the date on which 

18 the Secretary terminates provision of per diem payment 

19 under this section because the Secretary has revoked a 

20 certification under paragraph (2), the Secretary shall sub21 mit to the Committee on Veterans’ Affairs of the Senate 

22 and the Committee on Veterans’ Affairs of the House of 

23 Representatives notice of such termination.’’. 

24 (e) ANNUAL REPORT.—Section 2065(b) of such title 

25 is amended— 


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1 (1) by redesignating paragraph (6) as para2 graph (7); and 

3 (2) by inserting after paragraph (5) the fol4 lowing new paragraph (6): 

5 ‘‘(6) The Secretary’s evaluation of the safety 

6 and accessibility of facilities used to provide services 

7 under programs established by grant recipients or el8 igible entities under section 2011 and 2012 of this 

9 title, including the number of such grant recipients 

10 or eligible entities who have been certified by the 

11 Secretary under section 2012(c)(1) of this title.’’. 

12 (f) TREATMENT OF CURRENT RECIPIENTS OF PER

13 DIEM PAYMENTS.— 

14 (1) ASSESSMENT.—In the case of the recipient 

15 of a per diem payment under section 2012 of title 

16 38, United States Code, that receives such a pay17 ment during the year in which this Act is enacted 

18 for the provision of housing or services, the Sec19 retary of Veterans Affairs shall assess whether the 

20 building where such housing or services are provided 

21 is and whether the housing and services are in com22 pliance as required by section 2012(c)(1) of such 

23 title, as amended by subsection (a)(1). 

24 (2) FAILURE TO COMPLY.—In the case de25 scribed in paragraph (1), if the Secretary does not 


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1 certify the compliance of the building and the hous2 ing or services under such section before the date 

3 that is two years after the date of the enactment of 

4 this Act, the Secretary may not make any additional 

5 per diem payments to the recipient for the provision 

6 of such housing or services under section 2012 of 

7 such title until the Secretary certifies that such 

8 building is and such housing or services are in com9 pliance. 

10 (g) CONFORMING CONDITION ON AWARD OF GRANTS

11 BY SECRETARY OF VETERANS AFFAIRS FOR COMPREHEN12 SIVE SERVICE PROGRAMS.—Section 2011(b)(5)(A) of title 

13 38, United States Code, is amended by inserting ‘‘, includ14 ing housing and building codes,’’. 

Æ 


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