Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency
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During a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, 2031, and 2061 of title 38, United States Code, to provide to homeless veterans and veterans participating in the program carried out under section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) (commonly referred to as HUD-VASH ), as the Secretary determines is needed, the following:
Assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items). Transportation required to support stability and health (such as for appointments with service providers, conducting housing searches, and obtaining food and supplies). Communications equipment and services (such as tablets, smartphones, disposable phones, and related service plans) required to support stability and health (such as maintaining contact with service providers, prospective landlords, and family).
Such other assistance as the Secretary determines is needed. During a covered public health emergency, to the extent possible, the Secretary may collaborate with one or more organizations to manage use of land of the Department for homeless veterans for living and sleeping. Collaboration under subparagraph
(A)may include the provision by either the Secretary or the organization of food services and security for property, buildings, and other facilities owned or controlled by the Department. Section 20013(b) of the Coronavirus Aid, Relief, and Economic Security Act ( 38 U.S.C. 2011 note; Public Law 116–136 ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; in the matter preceding subparagraph (A), as so redesignated, by inserting
(1)before In the case ; and by adding at the end the following: If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title. . Subsection (c)(2) of section 2011 of title 38, United States Code, shall not apply to any grant awarded during a covered public health emergency under such section for a project described in subsection (b)(1) of such section. During a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the program ) may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide assistance required for safety and survival (such as food, shelter, clothing, blankets, and hygiene items) for— homeless veterans; and formerly homeless veterans residing in a facility operated wholly or in part by such a recipient or eligible entity receiving per diem payments under section 2012 of such title. During a covered public health emergency, under the program, the Secretary may provide amounts for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans. The Secretary may provide amounts under subparagraph (A)— without notice or competition; and for a period of performance determined by the Secretary. During a covered public health emergency, the Secretary may waive any requirement under subsection
(b)or
(c)of section 2012 of title 38, United States Code, in order to allow the recipient of a grant or an eligible entity under the program— to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation; to facilitate social distancing or isolation needs; or to facilitate activation or continuation of a program for which a grant has been awarded. The Secretary may waive a requirement pursuant to the authority provided by subparagraph
(A)with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements. During a covered public health emergency, if the recipient of a grant awarded before or during such emergency under section 2011 of title 38, United States Code, for a project described in subsection (b)(1) of such section is no longer providing services in accordance with the terms of the grant, the recipient shall not be subject during such emergency to any property disposition requirements relating to the grant under subsection
(c)or
(f)of section 61.67 of title 38, Code of Federal Regulations, section 200.311(c) of title 2, Code of Federal Regulations, or successor regulations. During a covered public health emergency, the Secretary may waive any inspection or life safety code requirement under subsection
(c)of section 2032 of title 38, United States Code— to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation; to facilitate social distancing or isolation needs; or to facilitate the operation of housing under such section. The Secretary may waive a requirement pursuant to the authority provided by paragraph
(1)with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements. To the extent practicable, during a covered public health emergency, the Secretary shall ensure that veterans participating in or receiving services from a program under chapter 20 of title 38, United States Code, have access to telehealth services to which such veterans are eligible under the laws administered by the Secretary, including by ensuring that telehealth capabilities are available to— such veterans; case managers of the Department of programs for homeless veterans authorized under such chapter; and community-based service providers for homeless veterans receiving funds from the Department through grants or contracts. In this section: The term covered public health emergency means an emergency with respect to COVID–19 declared by a Federal, State, or local authority. The terms homeless veteran and veteran have the meanings given those terms in section 2002 of title 38, United States Code. The term telehealth means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration. For purposes of subparagraph (A), telecommunications technologies include video conferencing, the internet, streaming media, and terrestrial and wireless communications.
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Sec. 4201
Flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency
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