[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Rules and Regulations]
[Pages 51158-51160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23945]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 61 and 62

RIN 2900-AQ07


Homeless Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations that govern homeless veterans to conform to recent 
statutory requirements. VA is amending the definition of homeless 
veterans by including veterans who would otherwise be ineligible to 
receive certain benefits because of their length of service or type of 
discharge from the Armed Forces. This rule will also increase the 
payment of per diem in cases where homeless veterans are placed in 
transitional housing that will become permanent housing. This final 
rule is an essential part of VA's attempts to eliminate homelessness 
among the veteran population.

DATES: This final rule is effective December 4, 2017.

FOR FURTHER INFORMATION CONTACT: Guy Liedke, <a href="/cdn-cgi/l/email-protection#1374666a3d7f7a767778765365723d747c65"><span class="__cf_email__" data-cfemail="9dfae8e4b3f1f4f8f9f6f8ddebfcb3faf2eb">[email protected]</span></a>, Program 
Analyst, Grant/Per Diem Program, (673/GPD), VA National Grant and Per 
Diem Program Office, 10770 N. 46th Street, Suite C-200, Tampa, FL 
33617, (877) 332-0334. (This is a toll-free number.)

SUPPLEMENTARY INFORMATION: In an effort to reduce homelessness in the 
veteran population, Congress has required VA to expand its definition 
of veteran as it applies to benefits for homeless veterans. See Public 
Law 114-315, sec. 701, 702, and 703 (Dec. 16, 2016). This new 
definition will remove restrictions on length of military service for a 
homeless veteran receiving certain benefits from VA, as well as 
authorize certain benefits for veterans with types of discharges from 
the Armed Forces that would normally bar an individual from receiving 
VA benefits. Congress also required VA to increase the per diem 
payments for transitional housing assistance that will become permanent 
housing for homeless veterans. See Public Law 114-315, sec. 711 (Dec. 
16,

[[Page 51159]]

2016). This increase will compensate for the increase in operational 
costs associated with transitional housing assistance. This final rule 
amends VA's Homeless Providers Grant and Per Diem Program regulations, 
at title 38 Code of Federal Regulations (CFR) sections 61.1, and 61.33, 
and Supportive Services for Veteran Families Program regulation at 38 
CFR 62.2, to accurately reflect these changes in law.

61.1 Definitions

    Section 61.1 defines the terms that apply to the VA Homeless 
Providers Grant and Per Diem Program. VA defines the term veteran as 
``a person who served in the active military, naval, or air service, 
and who was discharged or released there from under conditions other 
than dishonorable.'' We are amending the definition of veteran, as it 
applies to this part, to now state that a veteran is a person who 
served in the active military, naval, or air service, regardless of 
length of service, and who was discharged or released therefrom. The 
definition excludes a person who received a dishonorable discharge from 
the Armed Forces or was discharged or dismissed from the Armed Forces 
by reason of the sentence of a general court-martial. This definition 
will also incorporate section 703 of the Public Law by clarifying that 
``the length of service restrictions under 38 U.S.C. 5303A do not 
apply.'' VA similarly defines the term veteran in Sec.  62.2 for the 
Supportive Services for Veteran Families Program (SSVF). We are 
amending the definition of veteran in Sec.  62.2, as it applies to part 
62, to mirror the new definition of veteran in Sec.  61.1. These 
amendments are made to implement sections 701, 702, and 703 of Public 
Law 114-315.

61.33 Payment of Per Diem

    Section 61.33 provides for the payment of per diem for the VA 
Homeless Providers Grant and Per Diem Program. Paragraph (b) 
establishes the rate of payments for service to individual veterans. We 
are amending Sec.  61.33 to revise paragraph (b) introductory text and 
add a new paragraph (b)(3) to state that for a veteran who is placed in 
housing that will become permanent housing for that veteran on 
termination of supportive housing services, the rate of payment will be 
the lesser of 150 percent of the current VA state home program per diem 
rate for domiciliary care, as set by the Secretary under 38 U.S.C. 
1741(a)(1) or the daily cost of care estimated pursuant to paragraph 
(b)(1) of the section. We are making these changes to implement section 
711 of Public Law 114-315.

Administrative Procedure Act

    This final rule implements the mandates of sections 701, 702, 703 
and 711 of Public Law 114-315. Section 705 of Public Law 114-315 
mandates that VA have regulations in place to implement sections 701-
704 of the law no later than 270 days after the enactment of the Public 
Law, which is September 12, 2017. Similarly, section 706 states ``This 
subtitle and the amendments made by this subtitle shall apply to 
individuals seeking benefits under chapter 20 of title 38, United 
States Code, before, on, and after the date of the enactment of this 
Act.'' VA has been applying the mandates of the Public Law, to include 
section 711, since its enactment on December 16, 2016, with no adverse 
impact and is merely codifying the Public Law into regulation. 
Accordingly, because this rule simply incorporates current statutory 
requirements, it is exempt from the prior notice-and-comment and 
delayed-effective-date requirements, in accordance with 5 U.S.C. 
553(b)(3)(B) and 553(d)(3).

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will directly affect only those small entities who 
seek to participate in the VA Homeless Providers Grant and Per Diem 
Program or SSVF. Therefore, pursuant to 5 U.S.C. 605(b), this 
rulemaking would be exempt from the initial and final regulatory 
flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' requiring review by the Office of 
Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the

[[Page 51160]]

private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number and title 
for this final rule are as follows: 64.024 VA Homeless Providers Grant 
and Per Diem Program; 64.033 VA Supportive Services for Veteran 
Families Program.

List of Subjects

38 CFR Part 61

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Day care, Dental health, Drug abuse, Government contracts, Grant 
programs--health, Grant programs--veterans, Health care, Health 
facilities, Health professions, Health records, Homeless, Mental health 
programs, Reporting and recordkeeping requirements, Travel and 
transportation expenses, Veterans.

38 CFR Part 62

    Administrative practice and procedure, Day care, Disability 
benefits, Government contracts, Grant programs--health, Grant 
programs--social services, Grant programs--transportation, Grant 
programs--veterans, Grants--housing and community development, Heath 
care, Homeless, Housing, Housing assistance payments, Indian--lands, 
Individuals with disabilities, Low and moderate income housing, 
Manpower training program, Medicare, Medicaid, Public assistance 
programs, Public housing, Relocation assistance, Rent subsidies, 
Reporting and recordkeeping requirements, Rural areas, Social security, 
Supplemental security income (SSI), Travel and transportation expenses, 
Unemployment compensation, Veterans.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on October 2, 2017, for publication.

    Dated: October 31, 2017.
Michael Shores,
Director, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.

    For the reasons set forth in the preamble, we are amending 38 CFR 
parts 61 and 62 as follows:

PART 61--VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM

0
1. The authority citation for part 61 continues to read as follows:

    Authority:  38 U.S.C. 501, 2001, 2002, 2011, 2012, 2061, 2064.


0
2. Amend Sec.  61.1 by revising the definition of ``Veteran'' to read 
as follows:


Sec.  61.1   Definitions.

* * * * *
    Veteran means a person who served in the active military, naval, or 
air service, regardless of length of service, and who was discharged or 
released therefrom. Veteran excludes a person who received a 
dishonorable discharge from the Armed Forces or was discharged or 
dismissed from the Armed Forces by reason of the sentence of a general 
court-martial. The length of service restrictions under 38 U.S.C. 5303A 
do not apply.
* * * * *

0
3. Amend Sec.  61.33 by revising paragraph (b) introductory text and 
adding paragraph (b)(3) to read as follows:


Sec.  61.33   Payment of per diem.

* * * * *
    (b) Rate of payments for individual veterans. Except as provided in 
paragraph (b)(3) of this section, the rate of per diem for each veteran 
in supportive housing shall be the lesser of:
* * * * *
    (3) For a veteran who is placed in housing that will become 
permanent housing for that veteran upon termination of supportive 
housing services, the rate of payment shall be the lesser of 150 
percent of the current VA state home program per diem rate for 
domiciliary care, as set by the Secretary under 38 U.S.C. 1741(a)(1) or 
the daily cost of care estimated pursuant to paragraph (b)(1) of this 
section.
* * * * *

PART 62--SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM

0
4. The authority citation for part 62 continues to read as follows:

    Authority:  38 U.S.C. 501, 2044, and as noted in specific 
sections.


0
5. Amend Sec.  62.2 by revising the definition of ``Veteran'' to read 
as follows:


Sec.  62.2   Definitions.

* * * * *
    Veteran means a person who served in the active military, naval, or 
air service, regardless of length of service, and who was discharged or 
released therefrom. Veteran excludes a person who received a 
dishonorable discharge from the Armed Forces or was discharged or 
dismissed from the Armed Forces by reason of the sentence of a general 
court-martial. The length of service restrictions under 38 U.S.C. 5303A 
do not apply.
* * * * *
[FR Doc. 2017-23945 Filed 11-2-17; 8:45 am]
BILLING CODE 8320-01-P


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