Homeless Veterans, 51158-51160 [2017-23945]
Download as PDF
51158
Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations
shall take effect immediately upon its
publication.
The DEA has submitted a copy of this
temporary order to both Houses of
Congress and to the Comptroller
General, although such filing is not
required under the Small Business
Regulatory Enforcement Fairness Act of
1996 (Congressional Review Act), 5
U.S.C. 801–808, because as noted above,
this action is an order, not a rule.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, the DEA
amends 21 CFR part 1308 as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. Amend § 1308.11 by adding
paragraph (h)(18) to read as follows:
■
§ 1308.11
Schedule I.
*
*
*
*
*
(h) * * *
(18) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate, its optical, positional,
and geometric isomers, salts and salts of
isomers (Other names: FUB–AMB,
MMB–FUBINACA, AMB–FUBINACA)
(7021)
*
*
*
*
*
Dated: October 27, 2017.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2017–24010 Filed 11–2–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0979]
Drawbridge Operation Regulation;
Kent Island Narrows, Grasonville, MD
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
jstallworth on DSKBBY8HB2PROD with RULES
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the U.S. Route 50/
301 (Kent Narrows) Bridge across the
Kent Island Narrows, mile 1.0, at
SUMMARY:
VerDate Sep<11>2014
15:05 Nov 02, 2017
Jkt 244001
Grasonville, MD. The deviation is
necessary to facilitate a routine
inspection. This deviation allows the
bridge to remain in the closed-tonavigation position.
DATES: This deviation is effective from
9 a.m. on November 7, 2017, to 3 p.m.
on November 9, 2017.
ADDRESSES: The docket for this
deviation [USCG–2017–0979] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Mickey
Sanders, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Maryland State Highway
Administration, owner and operator of
the U.S. Route 50/301 (Kent Narrows)
Bridge across the Kent Island Narrows,
mile 1.0, at Grasonville, MD, has
requested a temporary deviation from
the current operating schedule to
accommodate a routine inspection. The
bridge has a vertical clearance of 18 feet
above mean high water (MHW) in the
closed position.
The current operating schedule is set
out in 33 CFR 117.561. Under this
temporary deviation, the bridge will
require 30 minutes advanced notice to
open from 9 a.m. on November 7, 2017,
to 3 p.m. on November 9, 2017.
The Kent Island Narrows is used by
a variety of vessels including small
commercial vessels, recreational vessels
and tug and barge traffic. The Coast
Guard has carefully coordinated the
restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
if at least 15 minutes notice is given.
The bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessel
operators can arrange their transits to
minimize any impact caused by this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of this effective period of this
temporary deviation. This deviation
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from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 31, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–24028 Filed 11–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 61 and 62
RIN 2900–AQ07
Homeless Veterans
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
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, guy.liedke@va.gov, 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,
SUMMARY:
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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations
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 § 62.2 for the
Supportive Services for Veteran
Families Program (SSVF). We are
amending the definition of veteran in
§ 62.2, as it applies to part 62, to mirror
the new definition of veteran in § 61.1.
These amendments are made to
implement sections 701, 702, and 703 of
Public Law 114–315.
jstallworth on DSKBBY8HB2PROD with RULES
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
§ 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
VerDate Sep<11>2014
15:05 Nov 02, 2017
Jkt 244001
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.
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51159
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
https://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 https://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
E:\FR\FM\03NOR1.SGM
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51160
Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations
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.
Dated: October 31, 2017.
Michael Shores,
Director, Office of Regulation Policy &
Management, Office of the Secretary,
Department of Veterans Affairs.
Catalog of Federal Domestic Assistance
For the reasons set forth in the
preamble, we are amending 38 CFR
parts 61 and 62 as follows:
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
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.
jstallworth on DSKBBY8HB2PROD with RULES
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.
15:05 Nov 02, 2017
1. The authority citation for part 61
continues to read as follows:
■
Authority: 38 U.S.C. 501, 2001, 2002,
2011, 2012, 2061, 2064.
38 CFR Part 61
VerDate Sep<11>2014
PART 61—VA HOMELESS PROVIDERS
GRANT AND PER DIEM PROGRAM
Jkt 244001
2. Amend § 61.1 by revising the
definition of ‘‘Veteran’’ to read as
follows:
■
§ 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.
*
*
*
*
*
■ 3. Amend § 61.33 by revising
paragraph (b) introductory text and
adding paragraph (b)(3) to read as
follows:
§ 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
4. The authority citation for part 62
continues to read as follows:
■
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Authority: 38 U.S.C. 501, 2044, and as
noted in specific sections.
5. Amend § 62.2 by revising the
definition of ‘‘Veteran’’ to read as
follows:
■
§ 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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
[FRL–9970–25–OP]
Final Report on Review of Agency
Actions That Potentially Burden the
Safe, Efficient Development of
Domestic Energy Resources Under
Executive Order 13783
Environmental Protection
Agency (EPA).
ACTION: Final report; notification of
availability.
AGENCY:
The EPA is announcing the
availability of its Final Report on
Review of Agency Actions that
Potentially Burden the Safe, Efficient
Development of Domestic Energy
Resources Under Executive Order
13738.
DATES: November 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Samantha Dravis, Office of Policy, Mail
Code 1803–A, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460.
Telephone: 202–564–4332; email
address: PolicyOffice@epa.gov.
SUPPLEMENTARY INFORMATION: On March
28, 2017, President Trump signed
Executive Order 13783, Promoting
Energy Independence and Economic
Growth. The Executive Order
establishes a national policy to promote
the clean and safe development of
domestic energy resources while
avoiding unnecessary regulatory
burdens. It directs federal agencies to
‘‘review all existing regulations, orders,
SUMMARY:
E:\FR\FM\03NOR1.SGM
03NOR1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 61 and 62
RIN 2900-AQ07
Homeless Veterans
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
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, guy.liedke@va.gov, 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 https://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 https://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