80 FR 9604 - Supportive Services for Veteran Families Program
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 80, Issue 36 (February 24, 2015)
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9604-9613 | |
| FR Document | 2015-03753 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Rules and Regulations] [Pages 9604-9613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03753] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 62 RIN 2900-AO50 Supportive Services for Veteran Families Program AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule adopts as final, with changes, a proposed rule of the Department of Veterans Affairs (VA) to amend its regulations concerning the Supportive Services for Veteran Families Program (SSVF). In the proposed rule published on May 9, 2014, VA proposed to make a number of changes to the SSVF program to emphasize the intended goals of SSVF. VA is making minor changes to the proposed rule based on comments we received. DATES: Effective Date: This rule is effective on March 26, 2015. FOR FURTHER INFORMATION CONTACT: John Kuhn, National Center for Homelessness Among Veterans, Supportive Services for Veteran Families Program Office (10NC1), 4100 Chester Avenue, Suite 200, Philadelphia, PA 19104, (877) 737-0111. (This is a toll-free number.) SUPPLEMENTARY INFORMATION: On May 9, 2014, VA published a proposed rule in the Federal Register, at 79 FR 26669, to amend its regulations concerning the Supportive Services for Veterans Families (SSVF) program. Under authority provided by 38 U.S.C. 2044, VA has offered grants to eligible entities, identified in the regulations, that provide supportive services to very low-income veterans and families who are at risk for becoming homeless or who, in some cases, have recently become homeless. The program has been a tremendous success, providing services to over 62,000 participants in fiscal year (FY) 2013, 20,000 more than projected. To date, over 80 percent of those discharged from SSVF have been placed in or saved their permanent housing. VA received 27 comments on the rule, and many of them supported the proposed changes in whole or in part. This final rule adopts the proposed rule with changes as discussed below. Definitions Several commenters offered suggestions regarding the definition of various terms. The most common recommendation was to amend the definition of the term ``homeless.'' Several of these comments recommended that VA establish different standards for homelessness in urban and rural areas. However, ``homeless'' is a term defined in statute. In 38 U.S.C. 2044(f)(3), the term ``homeless'' is defined as having the same meaning given that term in section 103 of the McKinney- Vento Homelessness Assistance Act, codified at 42 U.S.C. 11302, which does not differentiate between urban and rural areas. Consequently, VA lacks the authority to vary the definition of ``homeless'' between urban and rural areas. Even if VA did have authority to apply different definitions for different [[Page 9605]] areas, one of the aims for the proposed rule was to adopt a common definition that would be used by both VA and the Department of Housing and Urban Development (HUD), which similarly does not contemplate a difference between urban and rural areas in its regulatory definition of ``homeless.'' See 24 CFR 576.2. Use of a common definition simplifies operations for community providers and ensures access to a range of services from both Departments. This goal was supported by several commenters, who endorsed the adoption of a common definition. VA agrees with these commenters and is not making a change to the definition of homeless in this final rule. The SSVF program does allow for some variation between urban and rural areas, and to the extent permitted by statute at 38 U.S.C. 2044(a)(5) and 2044(f)(6)(C), VA encourages community providers to consider the local conditions and needs of veterans in their community when developing programs and delivering services. VA can also use Notices of Funding Availability (NOFA) to emphasize areas where SSVF recipients should concentrate resources or support, and VA believes the NOFA process provides sufficient flexibility to address the needs of urban and rural veterans alike. One commenter suggested the definition of homeless be revised to match that used in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, Public Law 111-22. The changes to the definition of homeless enacted with the HEARTH Act are codified at 42 U.S.C. 11302, which is the same definition VA uses based on 38 U.S.C. 2044(f)(3). VA believes HUD's implementing regulations, at 24 CFR 576.2, take into account the recent changes in law and provide the best source for a reference to homelessness because it will ensure a common Federal definition for homeless benefits. Another commenter suggested that HUD's definition at 24 CFR 576.2 was out of date and antiquated, and suggested that VA should emphasize that veterans who are at-risk for homelessness should be eligible. VA's definition of ``homeless'' includes those who are at-risk for homelessness, and in each NOFA, VA identifies the prevention of homelessness among those who are at risk as the first category of eligible persons. Additionally, HUD's regulations are used to implement the Homelessness Prevention and Rapid Rehousing Program and the Emergency Solutions Grants Program, which are designed to assist beneficiaries who are homeless or at risk for homelessness by coordinating the provision of services and short- term housing. VA is therefore not making a change based on these comments. Another commenter noted that while HUD's definition of ``homeless'' does not take into account the length of time between homeless episodes when defining chronically homeless, VA should develop a clearer definition for chronically homeless as it relates to other VA homeless assistance programs. However, and as the commenter notes, the SSVF program is not designed to address the problems of the chronically homeless. Additionally, VA believes maintaining a common definition with HUD is important to ensure that providers are using a term with a common meaning when providing services to homeless veterans. VA is not making a change based on this comment. One issue also concerning the definition of ``homeless'' was whether persons temporarily residing with others (``couch surfing'') are included in the definition. This issue was raised by several commenters, some of whom came to opposite conclusions on the matter. To clarify, so-called couch surfers are not literally ``homeless,'' as the term is used by HUD and VA, but they are at risk of homelessness, and hence could still be eligible for benefits through the SSVF program. VA annually produces a NOFA to advise interested parties to apply for SSVF funding, and in the NOFA, VA describes different categories for funding and support. Category 1 refers to prevention, and entities providing services to ``couch surfers'' would be assisting persons at risk for homelessness, and hence would qualify. VA also received a comment recommending a revised definition for the term ``permanent housing'' to refer to housing without a designated length of stay. VA agrees with this comment and is revising the definition of permanent housing accordingly to clarify that an undesignated length of stay is one where an individual or family has a lease that is renewable and terminable only for cause. This change will ensure that homeless veterans with permanent housing will have full tenancy rights under the law and would ensure that they cannot be placed into settings that SSVF is not intended to support, such as transitional housing or institutional care facilities. We also received two recommendations to add a definition of ``rapid rehousing.'' Both commenters believed that adding this definition would assist grantees by providing a better understanding of the principal mission of SSVF. We agree, and are adopting the definition of ``rapid re-housing'' recommended by one of the commenters. Both commenters offered recommendations, and VA is selecting the proposal with a more robust and well-developed definition. That definition will provide that ``rapid re-housing'' is an intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. It will emphasize that rapid re-housing is provided without preconditions (such as employment, income, absence of criminal record, or sobriety), and that resources and services should be tailored to the unique needs of the household. It will clarify that there are three goals associated with rapid re-housing: Identifying housing, providing rent and move-in financial assistance, and case management and services. We also state that while a rapid re-housing program must have all three core components available, it is not required that a single entity provide all three services nor that a household utilize them all. Although this term is not used in these regulations, it is a term that is commonly used in NOFAs and administration of the SSVF program. Finally, we received one comment recommending we amend the definition for the term ``veteran.'' While 38 U.S.C. 2044 does not include a definition for the word ``veteran,'' this term is defined in statute at 38 U.S.C. 101(2). VA is not making a change based on this comment. Eligibility for SSVF Services Another related issue raised by several commenters dealt with eligibility for SSVF services. One commenter recommended that children and former spouses of veterans be eligible for benefits through the SSVF program. VA does not have authority to provide assistance to such persons unless they are part of a ``veteran family,'' which is defined in 38 U.S.C. 2044(f)(7) to include ``a veteran who is a single person and a family in which the head of the household or the spouse of the head of the household is a veteran.'' The term spouse is defined at 38 U.S.C. 101(31), and does not include divorcees. VA is not making a change based on these comments. One commenter expressed support for the ``but for'' test used to determine a veteran's eligibility for assistance from SSVF, but encouraged VA to adopt a mandatory assessment for application in VA's screening requirements to ensure consistent and intelligent application of this standard. Another commenter suggested that such guidance could be [[Page 9606]] provided through a guidebook or through SSVF University. The ``but for'' test determines eligibility by asking if a veteran would be homeless if SSVF services were not being provided. This standard is used in HUD's programs, and ensures that recipients are not determined to be ineligible for a program's benefits upon receiving such benefits. VA does not believe it should articulate additional requirements in regulations. VA has published an SSVF Program Guide (updated March 31, 2014, available online at: http://www.va.gov/HOMELESS/ssvf/docs/SSVFUniversity/SSVF_Program_Guide_March31_2014.pdf) that provides guidance to SSVF recipients to consider when applying the ``but for'' test, and VA's NOFAs provide further guidance as well. Indeed, another commenter supported adoption of the ``but for'' test and specifically noted that the next SSVF NOFA would offer necessary guidance in this area. As this commenter assumed, VA will update its guidance in the next NOFA we issue to reflect the changes made by this regulation. VA staff is also available to assist recipients in making these determinations when appropriate. VA is concerned that if it provided further guidance in regulation, it could produce a national standard that cannot be adjusted to account for local variations, and that hence would be inadequate for serving homeless veterans and their families in at least some communities. VA is not making a change from the proposed rule based on this comment. Another commenter suggested that grantees should focus their resources on the lowest-income veterans, and that programs with such a focus tend to have the greatest results in terms of reducing homelessness. VA agrees and believes that the new requirement for grantees to identify extremely low-income veterans and target resources to this population will have a positive effect. Another commenter recommended that VA pilot this approach, rather than establish a common requirement across the country, to ensure that local variables are taken into account. VA's definition of extremely low-income veteran family focuses on the area median income (AMI) specifically so that differences in income and cost of living can be taken into account. Additionally, grantees are located in the communities they serve and are uniquely equipped to address the needs of the local homeless population. VA is not making any changes based on these comments. VA received several comments concerning VA's proposed standard in Sec. 62.34(f), which would have limited SSVF emergency housing assistance to situations where permanent housing has been identified. In the supplemental information of the proposed rule, VA stated that permanent housing must be both identified and secured. These commenters expressed concern that the requirement that such housing be ``secured'' could result in homeless veterans having no short-term assistance, and would be inconsistent with the ``housing first'' model of the program. VA agrees with these concerns and is eliminating the requirement that such housing be secured. Under the revised provision, it will be sufficient to generally identify a housing unit to provide emergency housing assistance, as long as the other requirements of Sec. 62.34 are satisfied. VA also proposed that homeless veterans could receive up to 72 hours of emergency housing assistance if no identified housing is available. In recognition of a comment that 72 hours may not always be enough time to secure housing for a single veteran, VA is including a new provision that will allow for continued provision of emergency housing assistance when the grantee can certify that no other housing is available. For example, if a grantee can certify that no beds are available in a Grant and Per Diem (GPD) residence or a Health Care for Homeless Veterans (HCHV) residential program, the grantee can continue to provide emergency assistance to a homeless veteran through the SSVF program to ensure the veteran has a place to stay. VA is also extending the period of time in which a veteran and his or her spouse with dependent(s) can receive emergency housing assistance from 30 days to 45 days. We believe that by including this flexibility, more homeless veterans and their families will avoid a relapse into homelessness while waiting for permanent housing. One commenter suggested that extremely low-income veteran families may need extended assistance, but that such extensions should be determined for each individual family through routine reassessments. VA notes that SSVF grantees decide the type and amount of assistance to offer participants, and that they can provide sustained support when appropriate. VA believes that the latitude provided for extremely low income families in the proposed rule is appropriate, and that no further changes are needed as a result of this comment. Another commenter suggested that veterans who are in a GPD program for more than 30 days should be able to receive assistance through the SSVF program. VA notes that such veterans, if they otherwise meet the eligibility criteria for the SSVF program, may receive services from both programs. SSVF is intended to provide rapid re-housing assistance through a short-term, focused intervention. As long as the assistance that GPD participants require is consistent with this mission and the veteran meets established eligibility criteria, SSVF grantees should not hesitate to provide services to them. VA is not making a change based on this comment. Another commenter suggested that the proposed rule would mean that service-connected disabled women veterans would not be eligible for services from the SSVF program if they did not have a spouse or minor dependents. This is not a correct reading of the rule. A veteran family, as defined in Sec. 62.2, includes a veteran who is a single person. Nothing in the proposed rule would change this standard, and as a result, VA is not making a change based on this comment. Finally, one commenter recommended that VA only include two categories of eligible veterans under Sec. 62.11: Those needing prevention and those seeking rapid re-housing. While these are the two primary forms of assistance, VA believes the three criteria identified in Sec. 62.11 represent the best description of eligible veterans, and therefore, VA is making no changes based on this comment. Types of Covered Services Several commenters provided recommendations concerning the types of services that SSVF assistance should be able to provide. One commenter recommended that emergency housing assistance be available for up to 9 months during any 12 month period to ensure that families are able to resolve crises that could otherwise result in them becoming homeless. The proposed rule would allow for this extension, so we are not making any changes based on this comment. Commenters recommended that VA create a separate category of assistance to cover a reasonable broker's fee for finding and arranging permanent housing. The commenters explained that broker's fees are often necessary in high population density areas, such as New York City or Los Angeles, and that fees can sometimes use the entire available amount of housing stability assistance. VA agrees with these comments and is including a new paragraph (e)(3) under Sec. 62.34 to cover the category of assistance that would specifically allow for provision of a reasonable broker's fee when appropriate. [[Page 9607]] Another commenter urged VA to allow SSVF funds to pay for emergent medical or dental needs and medication. We do not believe we have authority to allow grant recipients to provide financial assistance for such purposes, and as a result, are not making a change based on this comment. The supportive services VA can provide are identified at 38 U.S.C. 2044(b), and paragraph (b)(1)(D) of section 2044 only permits VA to offer ``assistance in obtaining and coordinating the provision of other public benefits . . . including--(i) health care services (including obtaining health insurance).'' In this context, VA interprets the statute to only authorize making funds available for coordinating and obtaining health care services from other providers, not to pay for or furnish such care or services. Eligible veterans may receive health care through VA medical facilities to address their medical needs. One commenter suggested VA allow increased flexibility for child care services. The commenter noted that veteran families can have a multitude of compositions, and that there may not be adequate community resources to support a child after school. VA understands that different families and children have different needs, but we believe it is necessary that we establish some standards to ensure that services are not provided for children who do not require child care. We believe that 13 is an appropriate age to draw that line, as children over that age are generally considered capable of taking care of themselves for short periods of time that would otherwise require supervision or care. Removing the age limit could allow misuse of these benefits, which would result in fewer resources being available to assist homeless veterans and their families. Another commenter recommended that VA ensure that basic air conditioning and heating should be an allowable expense in certain situations. VA believes that the proposed revisions would allow this when appropriate. In Sec. 62.36(f), which cites to HUD's regulations at 24 CFR 583.300(b), we establish standards of habitability. HUD's regulations provide in 24 CFR 583.300(b)(7) that ``[t]he housing must have adequate heating and/or cooling facilities in proper operating condition.'' If the residence requires but lacks heating or cooling based on the local climate, it would not be eligible for housing. As a result, VA is not making a change based on this comment. One commenter stated that women veterans look for, but are not finding, additional assistance from other VA, Federal, state, or local programs. VA currently requires SSVF grantees to coordinate access for other public benefits, and our reviews of these programs indicate that such coordination is taking place. As a result, we are not making any changes from this comment. Another commenter suggested that the proposed changes to general housing stability assistance are acceptable if the limits identified in the rule are followed. VA intends to ensure that SSVF grantees adhere to the requirements of the program, and is not making a change based on this comment. Several commenters recommended that SSVF funding should be available to assist homeowners. One commenter provided several scenarios in which a homeowner should qualify for financial assistance, including when the home's value is below the local average, when the home is uneconomical based on the potential sale price versus the demolition cost, when the home's tax value is less than 100% of the area median income, or when relocating the veteran would increase the risk for homelessness. This commenter argued that because poverty is often inter-generational, VA should provide greater flexibility to assist homeowners. VA agrees that poverty and homelessness can impact multiple generations of a family, and that is why it has supported the SSVF program, which provides assistance to a veteran's family to help prevent and escape from homelessness. VA also notes that homeowners are eligible under Sec. 62.11(a) if they would be lacking a fixed, regular, and adequate nighttime residence but for the grantee's assistance. Under the proposed rule at Sec. 62.38(a), SSVF grant recipients could assist homeowners in a number of ways, but could not provide mortgage assistance. Homeowners often require substantial assistance to cover costs or fees associated with a mortgage, and hence would require a greater share of resources than renters or leasers of property, resulting in an uneven distribution of assistance. Additionally, there are many programs at the Federal, state, and local levels to assist homeowners with their mortgages. Also, there is little evidence that homeowners become homeless upon losing a property. VA can ensure more persons receive support through the SSVF program by excluding mortgage costs from eligible financial assistance. Consequently, VA is not making a change to allow for financial assistance to cover costs associated with a mortgage. One commenter asked VA to clarify what ``other costs associated with home ownership'' includes. This was a phrase we used in the supplemental information of the proposed rule to describe Sec. 62.38(a). That paragraph says that SSVF funds may not be used to pay for ``mortgage costs or costs needed by homeowners to assist with any fees, taxes, or other costs of refinancing.'' We believe this language is clear and refers to costs associated with paying a security interest or tax assessment for real property, and we are not making a change based on this comment. One commenter suggested that SSVF funds be made available to cover the cost of home repairs or alterations. VA does not believe this would be an appropriate use of SSVF funds for the same reason that mortgage costs are not included. SSVF is not a capital grant program, and other programs, such as Adapted Housing grants overseen by the Veterans Benefits Administration, already provide this service. VA is not making a change based on this comment. One commenter suggested that VA should specifically state that legal assistance can be made available to resolve transportation issues. We agree that difficulty securing transportation resulting from the lack of a driver's license can be an obstacle to escaping homelessness. While we believe the proposed rule would have allowed for this, VA is making a minor revision to Sec. 62.33(g) to specifically note that authorized legal assistance also includes assistance such as the lack of a driver's license. One commenter expressed concern with extending the period of Temporary Financial Assistance (TFA) because it could foster more reliance on the program. As explained in the proposed rule, VA received feedback from grantees suggesting that veteran families at lower levels of income are more difficult to reach and require more resources for interventions to succeed. Based on this feedback, we believe that the increased benefit amounts will help ensure that grantees can be successful in supporting extremely low-income veteran families while minimizing the risk that veteran families become dependent on such assistance over the long term. As a result, VA is making no changes based on this comment. Another commenter recommended that providers be authorized to make emergency housing assistance available once every 2 years instead of once every 3 years, as it is not unusual for a person who is homeless, formerly homeless, or at risk of homelessness to face another crisis that would require emergency [[Page 9608]] assistance within a 2 year period of initially receiving support. VA agrees with this comment, and is changing the 3 year standard proposed in Sec. 62.33 and 34 to now permit such assistance no more than once every 2 years. These revisions include changes to Sec. 62.34(c)(1)- (2), which were not previously identified in the proposed rule but which would be inconsistent given these changes. Another commenter noted that limitations on the use of general housing stability assistance funds is appropriate, so long as the limits in the rule are followed, and VA intends to do so. We are not making a change based on this comment. Finally, one commenter suggested that caps on TFA for otherwise eligible families fleeing domestic violence should be lifted in the event that a new episode of domestic violence occurs. The commenter noted that this change would allow SSVF grantees to serve the immediate needs of households fleeing domestic violence. VA agrees with this recommendation and is including a provision in a new paragraph (e) of Sec. 62.35 that would allow families experiencing domestic violence to receive additional TFA resources. This would apply even if the veteran was the aggressor in the situation. Under the law, a veteran family is defined to include a veteran who is a single person, and a family in which the head of household or the spouse of the head of household is a veteran. 38 U.S.C. 2044(f)(7). Through regulation, VA has interpreted this to authorize support if a veteran becomes absent from a household or dies while other members of the veteran family are receiving supportive services for a grace period, not to exceed 1 year, following the absence or death of the veteran. 38 CFR 62.35(c). In the event a participant becomes ineligible to receive supportive services under this Program, the grantee must provide the participant with information on other available programs or resources. 38 CFR 62.35(d). VA would apply these same principles and practices to cases of domestic violence. Families experiencing domestic violence should not be forced to remain in a volatile situation that can contribute to continued homelessness. VA is additionally revising the provisions concerning TFA to specifically authorize additional allocations in the event of a subsequent episode of domestic violence. Receipt of such support would reset the time period during which a family could not receive services under Sec. 62.34; for example, under Sec. 62.34(b)(1), a participant may receive payments for utilities for a maximum of 10 months during a 2-year period, and the 2-year period would be re-started after providing additional assistance under Sec. 62.35(e) for a family fleeing domestic violence. It is important to understand that these benefits will be provided on a temporary basis and grantees should work to connect the family with other resources within the Continuum of Care. In addition, these benefits will only be available for families who are already receiving supportive services through this Program. If a family has previously left the household of an eligible veteran and seeks services from this Program, VA would not be able to provide support. In developing the final rule, VA identified an area of potential confusion or conflict. In proposed Sec. 62.34(a)(1), VA proposed allowing for rental assistance to be used to pay for penalties or fees incurred and required to be paid by the participant under an existing lease or court order. In proposed Sec. 62.38(g), VA proposed prohibiting grantees from using supportive services grant funds to pay for court-ordered judgments or fines. These provisions could be read in conflict, but were not intended to be. To remove any confusion, VA is modifying Sec. 62.38(g) to prohibit the use of funds to pay for court- ordered judgments, except when such payments are authorized under Sec. 62.34(a)(1). This revision is purely technical and will clarify VA's original intent. Logistical and Operational Issues Several commenters raised questions or offered recommendations on the logistics and operations of the SSVF program. One asked if the proposed revisions would prohibit a participating organization from reviewing the classification of participants to determine in which category they should be placed. The rule only requires that a reclassification occur once every 3 years, but it does not prohibit a review more often than that, so if a provider wanted to review these classifications more frequently, they would be free to do so. VA is not making a change based on this comment. One commenter, in noting the proposed changes, suggested that the percentage of funds allocated for homelessness prevention should be increased to support extremely low-income veteran families, case management services, and other supportive services. Determinations regarding the allocation of funds are outside the scope of this rule, as they are announced in each year's NOFA. Future NOFAs will consider the changes made by this rule when allocating resources. The same commenter suggested that grant recipients in the same geographic area will coordinate outreach efforts to identify appropriate veteran families. This is a stated expectation for the program already, and VA agrees with this approach wholeheartedly. Such a strategy will ensure that assistance is available for more veterans in a given area. VA is not making a change based on this comment. One commenter also recommended that VA provide more HUD-VA Supportive Housing (HUD-VASH) vouchers to assist veterans in securing housing. This comment is outside the scope of this rulemaking, and the number of the HUD-VASH vouchers issued each year is determined based on the availability of appropriations. As a result, VA is not making a change based on this comment. Two commenters suggested that participation in a Continuum of Care's (CoC) coordinated assessment system should be required for participating grantees. VA agrees with this recommendation, and adopts the specific language provided by one commenter in this area as a new paragraph (g) in Sec. 62.36. Specifically, VA will require grantees to participate in the ``development, implementation, and ongoing operations of their local Continuum of Care's coordinated assessment system, or equivalent, as described in the McKinney-Vento Act as amended by the HEARTH Act.'' Many providers under the SSVF program are already familiar with participating in these efforts, and VA agrees with the commenters that this will compel greater collaboration among VA, HUD, and CoC partners and strengthen VA's oversight of coordination activities among all grantees and their communities. Another commenter recommended that VA allow SSVF administrators to exceed identified limits on the amount of assistance that can be provided in a limited number of cases. While VA understands the point that some special cases may require assistance in excess of the limits, allowing exceptions to these limits would be counterproductive by encouraging high resource use to a small number of veterans at the expense of providing assistance to a larger number of veterans. Moreover, these exceptions could ultimately render the rule meaningless, and the administrative burden for tracking or approving such exceptions would divert resources from assisting homeless veterans. As a result, VA is not making changes based on this comment. [[Page 9609]] Another commenter offered a similar recommendation by suggesting that rather than establishing maximum amounts of financial assistance that can be offered over a set period of time (e.g., no more than $1,500 per 2-year period for general housing stability under Sec. 62.34(e)(2)), VA should allow smaller amounts of assistance over a longer period of time. We believe that such a system would be extremely difficult to administer and would provide limited benefits for veterans. SSVF grantees would have to track every allocation made to every veteran family for every purpose to determine if such allocations were in excess of the authorized amount over an extended period of time. This would require greater overhead expenses, which would detract from the amount made available to homeless veterans. One commenter expressed concern that funds distributed through the SSVF program were being provided to grantees in the Atlanta metro area who were not using these resources to provide assistance to homeless veterans. The commenter asked that no funding be provided to these entities until after there has been a formal investigation by the Office of Inspector General (OIG). VA takes seriously any concerns about the allocation of available resources. OIG recently completed an audit of the SSVF program (``Audit of the Supportive Services for Veterans Families Program,'' OIG Report 13-01959-109, published March 31, 2014) and found that it has ``adequate financial controls in place that are working as intended to provide reasonable assurance that funds are appropriately expended by grantees.'' VA forwarded this comment to the OIG, which has authority to determine whether it will conduct a review. If OIG investigates and finds there are or were issues, we will take appropriate corrective action to ensure that resources are used for authorized purposes only. Based on the rationale set forth in the preamble to the proposed rule and in this preamble, VA is adopting the proposed rule as a final rule, with the above stated changes. 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 Although this action contains provisions constituting collections of information, at 38 CFR 62.20, 62.36, and 62.60, under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), no new or proposed revised collections of information are associated with this final rule. The information collection requirements for Sec. Sec. 62.20, 62.36, and 62.60 are currently approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 2900-0757. In Sec. 62.20(a), we state that the collection of information must include a description of how the applicant will ensure that the program is targeted to very-low income families. Under the current OMB-approved application, VA Form 10-10072, VA requires the applicant to ``[d]escribe the proposed outreach and referral plan to identify and assist eligible very low-income Veteran families who are most in need of supportive services.'' The current application specifies that the response should include an explanation of the ``[i]dentification of target population(s) to be served.'' Because this specific question on the application correlates directly with the requirement that we are adding in Sec. 62.20(a), the information collection and corresponding burden hours remain unchanged. In a final rule published on November 10, 2010, we stated that OMB had approved collections of information contained in, inter alia, Sec. 62.36(c). 75 FR 68975, 68979-80, Nov. 10, 2010. In both the proposed and final regulation, a collection also appeared in Sec. 62.36(a). That collection required grantees to classify all participants and verify and document participant eligibility at least once every 3 months. The verification of eligibility is reflected on VA Form 10- 0508b, one of the forms approved by OMB and assigned OMB control number 2900-0757, which requires quarterly reports of detailed information and data on participant screenings and compliance with all SSVF requirements. However, the requirement to reclassify participants every 3 months was not contained on that form. In Sec. 62.36(a), we remove the requirement that grantees reclassify participant eligibility every 3 months; however, we retain the requirement that the grantee certify participant eligibility. Therefore, although we are amending the collection that appears at Sec. 62.36(a), the amendment will not result in a change to the form. Moreover, although we omitted specific reference to Sec. 62.36(a) in the final rulemaking published on November 10, 2010, we did in fact seek approval for the collection requirements in VA Form 10-0508b, which appear in this rule. Therefore, we do not believe that this rulemaking contains amendments to collections approved under OMB control number 2900-0757. 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 only impact those entities that choose to participate in SSVF. Small entity applicants will not be affected to a greater extent than large entity applicants. Small entities must elect to participate, and it is considered a benefit to those who choose to apply. To the extent this final rule will have any impact on small entities, it will not have an impact on a substantial number of small entities. In FY 2013, 151 organizations successfully submitted applications for SSVF funding and would be effected by this rule. The changes described in this rule should have a positive impact compared to the existing rule, as changes will generally aid grantees in providing service and thereby reduce time demands. On this basis, the Secretary certifies that the adoption of 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. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is 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,'' requires review by [[Page 9610]] 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 to FYTD. 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 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 numbers and titles for the programs affected by this document are 64.009, Veterans Medical Care Benefits, and 64.033, VA Supportive Services for Veteran Families Program. 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. Jose D. Riojas, Chief of Staff, approved this document on February 12, 2015, for publication. List of Subjects in 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. Dated: February 19, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs. For the reasons set out in the preamble, the Department of Veterans Affairs amends 38 CFR part 62 as follows: PART 62--SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAMS 0 1. 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 2. Amend Sec. 62.2 by: 0 a. Removing the definition of ``Emergency supplies''. 0 b. Adding the definitions of ``Emergency housing'', ``Extremely low- income veteran family'', ``General housing stability assistance'', and ``Rapid re-housing'', in alphabetical order. 0 c. Revising the definitions of ``Homeless'', ``Occupying permanent housing'', and ``Permanent housing''. The additions and revisions read as follows: Sec. 62.2 Definitions. * * * * * Emergency housing means temporary housing provided under Sec. 62.34(f) that does not require the participant to sign a lease or occupancy agreement. Extremely low-income veteran family means a veteran family whose annual income, as determined in accordance with 24 CFR 5.609, does not exceed 30 percent of the median income for an area or community. General housing stability assistance means the provision of goods or payment of expenses that are directly related to supporting a participant's housing stability and are authorized under Sec. 62.34(e). * * * * * Homeless has the meaning given that term in 24 CFR 576.2. * * * * * Occupying permanent housing means meeting any of the conditions set forth in Sec. 62.11. * * * * * Permanent housing means community-based housing without a designated length of stay where an individual or family has a lease in accord with state and Federal law that is renewable and terminable only for cause. Examples of permanent housing include, but are not limited to, a house or apartment with a month-to-month or annual lease term or home ownership. * * * * * Rapid re-housing means an intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Rapid re-housing assistance is offered without preconditions (such as employment, income, absence of criminal record, or sobriety) and the resources and services provided are typically tailored to the unique needs of the household. The three core components of rapid re-housing include housing identification, rent and move-in financial assistance, and rapid re-housing case management and services. While a rapid re- housing program must have all three core components available, it is not required that a single entity provide all three services nor that a household utilize them all. * * * * * 0 3. Revise Sec. 62.11 to read as follows: Sec. 62.11 Participants--occupying permanent housing. A very low-income veteran family will be considered to be occupying permanent housing if the very low-income veteran family: (a) Is residing in permanent housing and at risk of becoming homeless, per conditions in paragraph (b)(1) of this section, but for the grantee's assistance; (b)(1) Is lacking a fixed, regular, and adequate nighttime residence, meaning: (i) That the veteran family's primary nighttime residence is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned bus or train station, airport, or camping ground; [[Page 9611]] (ii) That the veteran family is living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) That the veteran family is exiting an institution where the veteran family resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) Are at risk to remain in the situation described in paragraph (b)(1) of this section but for the grantee's assistance; and (3) Scheduled to become a resident of permanent housing within 90 days pending the location or development of housing suitable for permanent housing; or (c) Has met any of the conditions described in paragraph (b)(1) of this section after exiting permanent housing within the previous 90 days to seek other housing that is responsive to the very low-income veteran family's needs and preferences. Note to paragraph (c): For limitations on the provision of supportive services to participants classified under paragraph (c) of this section, see Sec. 62.35. (Authority: 38 U.S.C. 501, 2044) 0 4. Amend Sec. 62.20 by: 0 a. Redesignating paragraphs (a)(2) through (7) as paragraphs (a)(3) through (8) respectively. 0 b. Adding a new paragraph (a)(2). 0 c. Adding a parenthetical at the end of the section. The additions to read as follows: Sec. 62.20 Applications for supportive services grants. (a) * * * (2) A description of how the applicant will ensure that services are provided to very low-income veteran families for whom: (i) No appropriate housing options have been identified for the veteran family; and (ii) The veteran family lacks the financial resources and/or support networks to obtain or remain in permanent housing; * * * * * (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0757.) 0 5. Amend Sec. 62.22 by revising paragraph (b)(2)(i) to read as follows: Sec. 62.22 Scoring criteria for supporting services grant applicants. * * * * * (b) * * * (2) * * * (i) Applicant has a feasible outreach and referral plan to identify and assist very low-income veteran families occupying permanent housing that may be eligible for supportive services and are most in need of supportive services. The plan ensures that the applicant's program will assist very low-income families who also meet the requirements of Sec. 62.20(a)(2). * * * * * 0 6. Amend Sec. 62.31 by: 0 a. Revising the introductory text. 0 b. In paragraph (d), removing the word ``and''. 0 c. In paragraph (e), removing the period at the end of the paragraph and adding in its place ``; and''. 0 d. Adding paragraph (f). The revisions and additions read as follows: Sec. 62.31 Supportive service: Case management services. Grantees must provide case management services that prioritize housing stability as the primary goal of SSVF services and include, at a minimum: * * * * * (f) Assisting participants in locating, obtaining, and retaining suitable permanent housing. Such activities may include: Identifying appropriate permanent housing and landlords willing to work with homeless veteran families; tenant counseling; mediation with landlords; and outreach to landlords. * * * * * 0 7. Amend Sec. 62.33 by: 0 a. Revising paragraph (c). 0 b. In paragraph (d)(3)(i), removing ``$1,000'' and adding in its place ``$1,200''. 0 c. Revising paragraph (g). 0 d. Revising paragraph (h) introductory text. 0 e. Revising paragraph (h)(2)(i). The revisions read as follows: Sec. 62.33 Supportive service: Assistance in obtaining and coordinating other public benefits. * * * * * (c) Personal financial planning services, which include, at a minimum, providing recommendations regarding day-to-day finances and achieving long-term budgeting and financial goals. SSVF funds may pay for credit counseling and other services necessary to assist participants with critical skills related to household budgeting, managing money, accessing a free personal credit report, and resolving credit problems. * * * * * (g) Legal services, including court filing fees, to assist a participant with issues that interfere with the participant's ability to obtain or retain permanent housing or supportive services, including issues that affect the participant's employability and financial security (such as the lack of a driver's license). However, SSVF funds may not be used to pay for court-ordered judgments or fines, pursuant to Sec. 62.38. (h) Child care for children under the age of 13, unless disabled. Disabled children must be under the age of 18. Child care includes the: * * * * * (2) * * * (i) Payments for child care services must be paid by the grantee directly to an eligible child care provider and cannot exceed a maximum of 6 months in a 12-month period, and 10 months during a 2-year period, such period beginning on the date that the grantee first pays for child care services on behalf of the participant. For extremely low-income veteran families, payments for child care services on behalf of that participant cannot exceed 9 months in a 12-month period and 12 months during a 2-year period, such period beginning on the date that the grantee first pays for child care services on behalf of the participant. * * * * * 0 8. Amend Sec. 62.34 by: 0 a. Revising paragraphs (a)(1), (b)(1), (c)(1) and (2), and (e). 0 b. Redesignating paragraph (f) as paragraph (g). 0 c. Adding a new paragraph (f). The revisions and addition read as follows: Sec. 62.34 Other supportive services. * * * * * (a) * * * (1) A participant may receive rental assistance for a maximum of 10 months during a 2-year period (consecutive or nonconsecutive), such period beginning on the date that the grantee first pays rent on behalf of the participant; however, a participant cannot receive rental assistance for more than 6 months in any 12-month period beginning on the date that the grantee first pays rent on behalf of the participant. For extremely low-income veteran families, payments for rent cannot exceed 9 months in any 12-month period and 12 months during a 2-year period, such [[Page 9612]] period beginning on the date that the grantee first pays rent on behalf of the participant. The rental assistance may be for rental payments that are currently due or are in arrears, and for the payment of penalties or fees incurred by a participant and required to be paid by the participant under an existing lease or court order. In all instances, rental assistance may only be provided if the payment of such rental assistance will directly allow the participant to remain in permanent housing or obtain permanent housing. * * * * * (b) * * * (1) A participant may receive payments for utilities for a maximum of 10 months during a 2-year period, such period beginning on the date that the grantee first pays utility fees on behalf of the participant; provided, however, that a participant cannot receive payments for utilities for more than 6 months in any 12-month period beginning on the date that the grantee first pays a utility payment on behalf of the participant. For extremely low-income veteran families, payments for utilities cannot exceed 9 months in any 12-month period and 12 months during a 2-year period, such periods beginning on the date that the grantee first pays a utility payment on behalf of the participant. The payment for utilities may be for utility payments that are currently due or are in arrears, provided that the payment of such utilities will allow the participant to remain in permanent housing or obtain permanent housing. * * * * * (c) * * * (1) A participant may receive assistance with the payment of a security deposit a maximum of one time in every 2-year period, such period beginning on the date the grantee pays a security deposit on behalf of a participant. (2) A participant may receive assistance with the payment of a utility deposit a maximum of one time in every 2-year period, such period beginning on the date the grantee pays a utility deposit on behalf of a participant. * * * * * (e) General housing stability assistance. (1) A grantee may provide to a participant items necessary for a participant's life or safety on a temporary basis, in order to address a participant's emergency situation. (2) A grantee may pay directly to a third party (and not to a participant), in an amount not to exceed $1,500 per participant during any 2-year period, beginning on the date that the grantee first submits a payment to a third party, the following types of expenses: (i) Expenses associated with gaining or keeping employment, such as obtaining uniforms, tools, certifications, and licenses. (ii) Expenses associated with moving into permanent housing, such as obtaining basic kitchen utensils, bedding, and other supplies. (iii) Expenses necessary for securing appropriate permanent housing, such as fees for housing applications, housing inspections, or background checks. (3) A grantee may pay directly to a third party (and not to a participant) a reasonable amount for a broker's fee when such a third party has assisted in identifying permanent housing. The reasonableness of a fee will be determined based on conditions in the local housing market. (f) Emergency housing assistance. If permanent housing, appropriate shelter beds and transitional housing are not available and subsequent rental housing has been identified generally but is not immediately available for move-in by the participant, then a grantee may place a participant in emergency housing, subject to the following limitations: (1) Placement for a single veteran may not exceed 72 hours, unless the grantee can certify that appropriate shelter beds and transitional housing are still unavailable at the end of the 72 hour period. (2) Placement for a veteran and his or her spouse with dependent(s) may not exceed 45 days. (3) A participant may be placed in emergency housing only once during any 2-year period, beginning on the date that the grantee first pays for emergency housing on behalf of the participant. (4) Permanent housing will be available before the end of the period during which the participant is placed in emergency housing. (5) The cost of the emergency housing must be reasonable in relation to the costs charged for other available emergency housing considering the location, quality, size, and type of the emergency housing. * * * * * 0 9. Amend Sec. 62.35 by: 0 a. Revising paragraph (a). 0 b. In paragraph (b), remove ``Sec. 62.11(a)(3)'' and add in its place ``Sec. 62.11(c)'' in all places it occurs. 0 c. Adding a new paragraph (e). The revision and additions read as follows: Sec. 62.35 Limitations on and continuations of the provision of supportive services to certain participants. (a) Extremely low-income veteran families. A participant classified as an extremely low-income veteran family will retain that designation as long as the participant continues to meet all other eligibility requirements. * * * * * (e) Families fleeing domestic violence. Notwithstanding the limitations in Sec. 62.34 concerning the maximum amount of assistance a family can receive during defined periods of time, a household may receive additional assistance if it otherwise qualifies for assistance under this Part and is fleeing from a domestic violence situation. A family may qualify for assistance even if the veteran is the aggressor or perpetrator of the domestic violence. Receipt of assistance under this provision resets the tolling period for the limitations on the maximum amount of support that can be provided in a given amount of time under Sec. 62.34. * * * * * 0 10. Amend Sec. 62.36 by: 0 a. Revising paragraph (a). 0 b. Adding new paragraphs (f) and (g). 0 c. Adding a parenthetical at the end of the section. The revision and additions read as follows: Sec. 62.36 General operation requirements. (a) Eligibility documentation. Prior to providing supportive services, grantees must verify and document each participant's eligibility for supportive services and classify the participant under one of the categories set forth in Sec. 62.11. Grantees must recertify the participant's eligibility as a very low-income veteran family at least once every 3 months. * * * * * (f) Habitability standards. (1) Grantees using supportive services grant funds to provide rental assistance, payments of utilities fees, security deposits, or utilities deposits, as set forth under Sec. 62.34, on behalf of a participant moving into a new (different) housing unit will be required to conduct initial and any appropriate follow-up inspections of the housing unit into which the participant will be moving. Such inspections shall ensure that the housing unit meets the conditions set forth in 24 CFR 583.300(b) and do not require the use of a certified inspector. Inspections should occur no later than three (3) working days after the housing unit has been identified to the SSVF grantee, unless the Alternative Inspection Method is used to meet the requirements of this paragraph. [[Page 9613]] (2) Alternative inspection method. An inspection of a property will be valid for purposes of this paragraph if: (i) The inspection was conducted pursuant to the requirements of a Federal, State, or local housing program (including, but not limited to, the Home investment partnership program under title II of the Cranston-Gonzalez National Affordable Housing Act or the low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986); (ii) If the inspection was not conducted pursuant to the requirements of a Federal housing program, the public housing agency has certified to the Secretary that such standard or requirement provides the same (or greater) protection to occupants of inspected dwelling units; (iii) Pursuant to the inspection, the property was determined to meet the requirements regarding housing quality or safety applicable to properties assisted under such program; and (iv) The inspection was conducted within the past 2 years. (g) Continuum of Care coordinated assessment. Grantees must participate in the development, implementation, and ongoing operations of their local Continuum of Care's coordinated assessment system, or equivalent, as described in the McKinney-Vento Act, as amended by the HEARTH Act (42 U.S.C. 11302). * * * * * (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0757.) 0 11. Add Sec. 62.38 to read as follows: Sec. 62.38 Ineligible activities. Notwithstanding any other section in this part, grantees are not authorized to use supportive services grant funds to pay for the following: (a) Mortgage costs or costs needed by homeowners to assist with any fees, taxes, or other costs of refinancing. (b) Construction or rehabilitation of buildings. (c) Home care and home health aides typically used to provide care in support of daily living activities. This includes care that is focused on treatment for an injury or illness, rehabilitation, or other assistance generally required to assist those with handicaps or other physical limitations. (d) Credit card bills or other consumer debt. (e) Medical or dental care and medicines. (f) Direct cash assistance to participants. (g) Court-ordered judgments or fines, except for those supported under Sec. 62.34(a)(1). (h) Pet care. (i) Entertainment activities. (Authority: 38 U.S.C. 501, 2044) 0 12. Amend Sec. 62.60 by adding a parenthetical at the end of the section to read as follows: Sec. 62.60 Program or budget changes and corrective action plans. * * * * * (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0757.) [FR Doc. 2015-03753 Filed 2-23-15; 8:45 am] BILLING CODE 8320-01-P
![9604 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND FR 70222, that allows the bridge to open amend its regulations concerning the
SECURITY once at 7 a.m. and once at 6 p.m., if an Supportive Services for Veteran
opening is requested at least six hours Families Program (SSVF). In the
Coast Guard in advance. This TFR is effective from proposed rule published on May 9,
December 1, 2013 to September 30, 2014, VA proposed to make a number of
33 CFR Part 117 2015. changes to the SSVF program to
[Docket No. USCG–2015–0096] This deviation period is from 6 a.m. emphasize the intended goals of SSVF.
on February 23, 2015 to 11 p.m. March VA is making minor changes to the
Drawbridge Operation Regulation; 6, 2015. The deviation allows the U.S. proposed rule based on comments we
Umpqua River, Reedsport, OR 101 Umpqua River Bridge, mile 11.1, to received.
remain in the closed-to-navigation DATES: Effective Date: This rule is
AGENCY: Coast Guard, DHS. position and need not open for maritime effective on March 26, 2015.
ACTION:Notice of deviation from traffic from 6 a.m. on February 23, 2015 FOR FURTHER INFORMATION CONTACT: John
drawbridge regulations. to 11 p.m. March 06, 2015, except that, Kuhn, National Center for Homelessness
in approximately the second week of the Among Veterans, Supportive Services
SUMMARY: The Coast Guard has issued a project, the bridge will open at 7 a.m.
temporary deviation from the operating for Veteran Families Program Office
and 6 p.m. on one day only if a (10NC1), 4100 Chester Avenue, Suite
schedule that governs the U.S. 101 minimum of 6 hours advanced notice is
Highway Bridge across the Umpqua 200, Philadelphia, PA 19104, (877) 737–
given. Mariners needing an opening, 0111. (This is a toll-free number.)
River, mile 11.1, at Reedsport, OR. The approximately half way through this
deviation is necessary to accommodate SUPPLEMENTARY INFORMATION: On May 9,
project, are requested to coordinate with 2014, VA published a proposed rule in
steel bracing repair and electrical station the bridge repair Project Inspector, Don
repair on the bridge. This deviation the Federal Register, at 79 FR 26669, to
Hyatt, at 541–297–8804, with as much amend its regulations concerning the
allows the U.S. 101 Umpqua River advanced notice as possible.
Bridge to remain in the closed position Supportive Services for Veterans
Waterway usage on this stretch of the Families (SSVF) program. Under
during repairs. Umpqua River includes vessels ranging
DATES: This deviation is effective from authority provided by 38 U.S.C. 2044,
from occasional commercial tug and VA has offered grants to eligible entities,
6 a.m. on February 23, 2015 to 11 p.m. barge to small pleasure craft. Mariners
on March 6, 2015. identified in the regulations, that
will be notified and kept informed of provide supportive services to very low-
ADDRESSES: The docket for this the bridge’s operational status via the income veterans and families who are at
deviation, [USCG–2015–0096] is Coast Guard Notice to Mariners risk for becoming homeless or who, in
available at http://www.regulations.gov. publication and Broadcast Notice to some cases, have recently become
Type the docket number in the Mariners as appropriate. The draw span homeless. The program has been a
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ will not be able to open for emergencies tremendous success, providing services
Click on Open Docket Folder on the line and there is no immediate alternate to over 62,000 participants in fiscal year
associated with this deviation. You may route for vessels to pass. Vessels which (FY) 2013, 20,000 more than projected.
also visit the Docket Management do not require an opening of the bridge To date, over 80 percent of those
Facility in Room W12–140 on the may continue to transit beneath the discharged from SSVF have been placed
ground floor of the Department of bridge during this repair period. in or saved their permanent housing.
Transportation West Building, 1200 In accordance with 33 CFR 117.35(e), VA received 27 comments on the rule,
New Jersey Avenue SE., Washington, the drawbridge must return to its regular and many of them supported the
DC 20590, between 9 a.m. and 5 p.m., operating schedule immediately at the proposed changes in whole or in part.
Monday through Friday, except Federal end of the designated time period. This This final rule adopts the proposed rule
holidays. deviation from the operating regulations with changes as discussed below.
FOR FURTHER INFORMATION CONTACT: If is authorized under 33 CFR 117.35.
you have questions on this rule, call or Dated: February 13, 2015. Definitions
email the Bridge Administrator, Coast Steven M. Fischer, Several commenters offered
Guard Thirteenth District; telephone Bridge Administrator, Thirteenth Coast Guard suggestions regarding the definition of
206–220–7282, email d13-pf- District. various terms. The most common
d13bridges@uscg.mil. If you have [FR Doc. 2015–03681 Filed 2–23–15; 8:45 am] recommendation was to amend the
questions on viewing the docket, call definition of the term ‘‘homeless.’’
BILLING CODE 9110–04–P
Cheryl Collins, Program Manager, Several of these comments
Docket Operations, telephone 202–366– recommended that VA establish
9826. different standards for homelessness in
DEPARTMENT OF VETERANS
SUPPLEMENTARY INFORMATION: The urban and rural areas. However,
AFFAIRS
Oregon Department of Transportation ‘‘homeless’’ is a term defined in statute.
requested that the U.S. 101 Umpqua 38 CFR Part 62 In 38 U.S.C. 2044(f)(3), the term
River drawbridge, near Reedsport ‘‘homeless’’ is defined as having the
Oregon, remain in the closed-to- RIN 2900–AO50 same meaning given that term in section
navigation position to facilitate steel 103 of the McKinney-Vento
Supportive Services for Veteran
bracing and stanchion repair. The U.S. Homelessness Assistance Act, codified
Families Program
101 Bridge crosses the Umpqua River at at 42 U.S.C. 11302, which does not
tkelley on DSK3SPTVN1PROD with RULES
mile 11.1 and provides 36 feet of AGENCY: Department of Veterans Affairs. differentiate between urban and rural
vertical clearance above mean high ACTION: Final rule. areas. Consequently, VA lacks the
water when in the closed position. authority to vary the definition of
Currently, the U.S. 101 Umpqua River SUMMARY: This rule adopts as final, with ‘‘homeless’’ between urban and rural
Bridge is operating under a Temporary changes, a proposed rule of the areas. Even if VA did have authority to
Final Rule (TFR), 33 CFR 117.898(d), 78 Department of Veterans Affairs (VA) to apply different definitions for different
VerDate Sep<11>2014 16:15 Feb 23, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM 24FER1](https://thefederalregister.org/doc/80_FR_9640/page/1.svg)
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9607
Another commenter urged VA to Federal, state, or local programs. VA One commenter asked VA to clarify
allow SSVF funds to pay for emergent currently requires SSVF grantees to what ‘‘other costs associated with home
medical or dental needs and coordinate access for other public ownership’’ includes. This was a phrase
medication. We do not believe we have benefits, and our reviews of these we used in the supplemental
authority to allow grant recipients to programs indicate that such information of the proposed rule to
provide financial assistance for such coordination is taking place. As a result, describe § 62.38(a). That paragraph says
purposes, and as a result, are not we are not making any changes from that SSVF funds may not be used to pay
making a change based on this this comment. for ‘‘mortgage costs or costs needed by
comment. The supportive services VA Another commenter suggested that homeowners to assist with any fees,
can provide are identified at 38 U.S.C. the proposed changes to general housing taxes, or other costs of refinancing.’’ We
2044(b), and paragraph (b)(1)(D) of stability assistance are acceptable if the believe this language is clear and refers
section 2044 only permits VA to offer limits identified in the rule are to costs associated with paying a
‘‘assistance in obtaining and followed. VA intends to ensure that security interest or tax assessment for
coordinating the provision of other SSVF grantees adhere to the real property, and we are not making a
public benefits . . . including—(i) requirements of the program, and is not change based on this comment.
health care services (including obtaining making a change based on this One commenter suggested that SSVF
health insurance).’’ In this context, VA comment. funds be made available to cover the
interprets the statute to only authorize Several commenters recommended cost of home repairs or alterations. VA
making funds available for coordinating that SSVF funding should be available does not believe this would be an
and obtaining health care services from to assist homeowners. One commenter appropriate use of SSVF funds for the
other providers, not to pay for or furnish provided several scenarios in which a same reason that mortgage costs are not
such care or services. Eligible veterans homeowner should qualify for financial included. SSVF is not a capital grant
may receive health care through VA assistance, including when the home’s program, and other programs, such as
medical facilities to address their value is below the local average, when Adapted Housing grants overseen by the
medical needs. the home is uneconomical based on the Veterans Benefits Administration,
One commenter suggested VA allow potential sale price versus the already provide this service. VA is not
increased flexibility for child care demolition cost, when the home’s tax making a change based on this
services. The commenter noted that value is less than 100% of the area comment.
veteran families can have a multitude of median income, or when relocating the One commenter suggested that VA
compositions, and that there may not be veteran would increase the risk for should specifically state that legal
adequate community resources to homelessness. This commenter argued assistance can be made available to
support a child after school. VA that because poverty is often inter- resolve transportation issues. We agree
understands that different families and generational, VA should provide greater that difficulty securing transportation
children have different needs, but we flexibility to assist homeowners. resulting from the lack of a driver’s
believe it is necessary that we establish VA agrees that poverty and license can be an obstacle to escaping
some standards to ensure that services homelessness can impact multiple homelessness. While we believe the
are not provided for children who do generations of a family, and that is why proposed rule would have allowed for
not require child care. We believe that it has supported the SSVF program, this, VA is making a minor revision to
13 is an appropriate age to draw that which provides assistance to a veteran’s § 62.33(g) to specifically note that
line, as children over that age are family to help prevent and escape from authorized legal assistance also includes
generally considered capable of taking homelessness. VA also notes that assistance such as the lack of a driver’s
care of themselves for short periods of homeowners are eligible under license.
time that would otherwise require § 62.11(a) if they would be lacking a One commenter expressed concern
supervision or care. Removing the age fixed, regular, and adequate nighttime with extending the period of Temporary
limit could allow misuse of these residence but for the grantee’s Financial Assistance (TFA) because it
benefits, which would result in fewer assistance. Under the proposed rule at could foster more reliance on the
resources being available to assist § 62.38(a), SSVF grant recipients could program. As explained in the proposed
homeless veterans and their families. assist homeowners in a number of ways, rule, VA received feedback from
Another commenter recommended but could not provide mortgage grantees suggesting that veteran families
that VA ensure that basic air assistance. Homeowners often require at lower levels of income are more
conditioning and heating should be an substantial assistance to cover costs or difficult to reach and require more
allowable expense in certain situations. fees associated with a mortgage, and resources for interventions to succeed.
VA believes that the proposed revisions hence would require a greater share of Based on this feedback, we believe that
would allow this when appropriate. In resources than renters or leasers of the increased benefit amounts will help
§ 62.36(f), which cites to HUD’s property, resulting in an uneven ensure that grantees can be successful in
regulations at 24 CFR 583.300(b), we distribution of assistance. Additionally, supporting extremely low-income
establish standards of habitability. there are many programs at the Federal, veteran families while minimizing the
HUD’s regulations provide in 24 CFR state, and local levels to assist risk that veteran families become
583.300(b)(7) that ‘‘[t]he housing must homeowners with their mortgages. Also, dependent on such assistance over the
have adequate heating and/or cooling there is little evidence that homeowners long term. As a result, VA is making no
facilities in proper operating condition.’’ become homeless upon losing a changes based on this comment.
If the residence requires but lacks property. VA can ensure more persons Another commenter recommended
heating or cooling based on the local receive support through the SSVF that providers be authorized to make
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climate, it would not be eligible for program by excluding mortgage costs emergency housing assistance available
housing. As a result, VA is not making from eligible financial assistance. once every 2 years instead of once every
a change based on this comment. Consequently, VA is not making a 3 years, as it is not unusual for a person
One commenter stated that women change to allow for financial assistance who is homeless, formerly homeless, or
veterans look for, but are not finding, to cover costs associated with a at risk of homelessness to face another
additional assistance from other VA, mortgage. crisis that would require emergency
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![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9609
Another commenter offered a similar rulemaking if possible or, if not to the form. Moreover, although we
recommendation by suggesting that possible, such guidance is superseded omitted specific reference to § 62.36(a)
rather than establishing maximum by this rulemaking. in the final rulemaking published on
amounts of financial assistance that can November 10, 2010, we did in fact seek
Paperwork Reduction Act
be offered over a set period of time (e.g., approval for the collection requirements
no more than $1,500 per 2-year period Although this action contains in VA Form 10–0508b, which appear in
for general housing stability under provisions constituting collections of this rule. Therefore, we do not believe
§ 62.34(e)(2)), VA should allow smaller information, at 38 CFR 62.20, 62.36, and that this rulemaking contains
amounts of assistance over a longer 62.60, under the provisions of the amendments to collections approved
period of time. We believe that such a Paperwork Reduction Act of 1995 (44 under OMB control number 2900–0757.
system would be extremely difficult to U.S.C. 3501–3521), no new or proposed
revised collections of information are Regulatory Flexibility Act
administer and would provide limited
benefits for veterans. SSVF grantees associated with this final rule. The The Secretary hereby certifies that
would have to track every allocation information collection requirements for this final rule will not have a significant
made to every veteran family for every §§ 62.20, 62.36, and 62.60 are currently economic impact on a substantial
purpose to determine if such allocations approved by the Office of Management number of small entities as they are
were in excess of the authorized amount and Budget (OMB) and have been defined in the Regulatory Flexibility
over an extended period of time. This assigned OMB control number 2900– Act, 5 U.S.C. 601–612. This final rule
would require greater overhead 0757. will only impact those entities that
expenses, which would detract from the In § 62.20(a), we state that the choose to participate in SSVF. Small
amount made available to homeless collection of information must include a entity applicants will not be affected to
veterans. description of how the applicant will a greater extent than large entity
One commenter expressed concern ensure that the program is targeted to applicants. Small entities must elect to
that funds distributed through the SSVF very-low income families. Under the participate, and it is considered a
program were being provided to current OMB-approved application, VA benefit to those who choose to apply. To
grantees in the Atlanta metro area who Form 10–10072, VA requires the the extent this final rule will have any
were not using these resources to applicant to ‘‘[d]escribe the proposed impact on small entities, it will not have
provide assistance to homeless veterans. outreach and referral plan to identify an impact on a substantial number of
The commenter asked that no funding and assist eligible very low-income small entities. In FY 2013, 151
be provided to these entities until after Veteran families who are most in need organizations successfully submitted
there has been a formal investigation by of supportive services.’’ The current applications for SSVF funding and
the Office of Inspector General (OIG). application specifies that the response would be effected by this rule. The
VA takes seriously any concerns about should include an explanation of the changes described in this rule should
the allocation of available resources. ‘‘[i]dentification of target population(s) have a positive impact compared to the
OIG recently completed an audit of the to be served.’’ Because this specific existing rule, as changes will generally
SSVF program (‘‘Audit of the question on the application correlates aid grantees in providing service and
Supportive Services for Veterans directly with the requirement that we thereby reduce time demands. On this
Families Program,’’ OIG Report 13– are adding in § 62.20(a), the information basis, the Secretary certifies that the
01959–109, published March 31, 2014) collection and corresponding burden adoption of this final rule will not have
and found that it has ‘‘adequate hours remain unchanged. a significant economic impact on a
financial controls in place that are In a final rule published on November substantial number of small entities as
working as intended to provide 10, 2010, we stated that OMB had they are defined in the Regulatory
reasonable assurance that funds are approved collections of information Flexibility Act, 5 U.S.C. 601–612.
appropriately expended by grantees.’’ contained in, inter alia, § 62.36(c). 75 FR Therefore, pursuant to 5 U.S.C. 605(b),
VA forwarded this comment to the OIG, 68975, 68979–80, Nov. 10, 2010. In both this rulemaking is exempt from the
which has authority to determine the proposed and final regulation, a initial and final regulatory flexibility
whether it will conduct a review. If OIG collection also appeared in § 62.36(a). analysis requirements of 5 U.S.C. 603
investigates and finds there are or were That collection required grantees to and 604.
issues, we will take appropriate classify all participants and verify and
document participant eligibility at least Executive Orders 12866 and 13563
corrective action to ensure that
resources are used for authorized once every 3 months. The verification of Executive Orders 12866 and 13563
purposes only. eligibility is reflected on VA Form 10– direct agencies to assess the costs and
Based on the rationale set forth in the 0508b, one of the forms approved by benefits of available regulatory
preamble to the proposed rule and in OMB and assigned OMB control number alternatives and, when regulation is
this preamble, VA is adopting the 2900–0757, which requires quarterly necessary, to select regulatory
proposed rule as a final rule, with the reports of detailed information and data approaches that maximize net benefits
above stated changes. on participant screenings and (including potential economic,
compliance with all SSVF requirements. environmental, public health and safety
Effect of Rulemaking However, the requirement to reclassify effects, and other advantages;
Title 38 of the Code of Federal participants every 3 months was not distributive impacts; and equity).
Regulations, as revised by this final contained on that form. In § 62.36(a), we Executive Order 13563 (Improving
rulemaking, represents VA’s remove the requirement that grantees Regulation and Regulatory Review)
implementation of its legal authority on reclassify participant eligibility every 3 emphasizes the importance of
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this subject. Other than future months; however, we retain the quantifying both costs and benefits,
amendments to this regulation or requirement that the grantee certify reducing costs, harmonizing rules, and
governing statutes, no contrary guidance participant eligibility. Therefore, promoting flexibility. Executive Order
or procedures are authorized. All although we are amending the 12866 (Regulatory Planning and
existing or subsequent VA guidance collection that appears at § 62.36(a), the Review) defines a ‘‘significant
must be read to conform with this amendment will not result in a change regulatory action,’’ requires review by
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![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9613
(2) Alternative inspection method. An (g) Court-ordered judgments or fines, OAR–2007–0488, by one of the
inspection of a property will be valid for except for those supported under following methods:
purposes of this paragraph if: § 62.34(a)(1). • www.regulations.gov. Follow the
(i) The inspection was conducted (h) Pet care. on-line instructions.
pursuant to the requirements of a (i) Entertainment activities. • Email: Mr. Rick Barrett at
Federal, State, or local housing program (Authority: 38 U.S.C. 501, 2044) barrett.richard@epa.gov. Please also
(including, but not limited to, the Home send a copy by email to the person
■ 12. Amend § 62.60 by adding a listed in the FOR FURTHER INFORMATION
investment partnership program under parenthetical at the end of the section to
title II of the Cranston-Gonzalez CONTACT section below.
read as follows: • Mail or delivery: Mr. Rick Barrett,
National Affordable Housing Act or the
low-income housing tax credit program § 62.60 Program or budget changes and Air Permits Section (6PD–R),
under section 42 of the Internal Revenue corrective action plans. Environmental Protection Agency, 1445
Code of 1986); * * * * * Ross Avenue, Suite 1200, Dallas, Texas
(ii) If the inspection was not 75202–2733.
(The Office of Management and Budget Instructions: Direct your comments to
conducted pursuant to the requirements has approved the information collection
of a Federal housing program, the public Docket No. EPA–R06–OAR–2007–0488.
provisions in this section under control EPA’s policy is that all comments
housing agency has certified to the number 2900–0757.)
Secretary that such standard or received will be included in the public
[FR Doc. 2015–03753 Filed 2–23–15; 8:45 am] docket without change and may be
requirement provides the same (or
greater) protection to occupants of
BILLING CODE 8320–01–P made available online at http://
inspected dwelling units; www.regulations.gov, including any
(iii) Pursuant to the inspection, the personal information provided, unless
property was determined to meet the ENVIRONMENTAL PROTECTION the comment includes information
requirements regarding housing quality AGENCY claimed to be Confidential Business
Information (CBI) or other information
or safety applicable to properties 40 CFR Parts 60, 61, and 63 whose disclosure is restricted by statute.
assisted under such program; and
[EPA–R06–OAR–2010–1054; FRL–9923–11– Do not submit information through
(iv) The inspection was conducted
Region 6] http://www.regulations.gov or email, if
within the past 2 years.
you believe that it is CBI or otherwise
(g) Continuum of Care coordinated
New Source Performance Standards protected from disclosure. The http://
assessment. Grantees must participate
and National Emission Standards for www.regulations.gov Web site is an
in the development, implementation,
Hazardous Air Pollutants; Delegation ‘‘anonymous access’’ system, which
and ongoing operations of their local
of Authority to Louisiana means EPA will not know your identity
Continuum of Care’s coordinated
or contact information unless you
assessment system, or equivalent, as AGENCY: Environmental Protection provide it in the body of your comment.
described in the McKinney-Vento Act, Agency (EPA). If you send an email comment directly
as amended by the HEARTH Act (42 ACTION: Direct final rule; delegation of to EPA without going through http://
U.S.C. 11302). authority. www.regulations.gov, your email
* * * * * address will be automatically captured
(The Office of Management and Budget SUMMARY: The Louisiana Department of and included as part of the comment
has approved the information collection Environmental Quality (LDEQ) has that is placed in the public docket and
provisions in this section under control submitted updated regulations for made available on the Internet. If you
number 2900–0757.) receiving delegation of Environmental submit an electronic comment, EPA
Protection Agency (EPA) authority for recommends that you include your
■ 11. Add § 62.38 to read as follows:
implementation and enforcement of name and other contact information in
§ 62.38 Ineligible activities. New Source Performance Standards the body of your comment along with
Notwithstanding any other section in (NSPS) and National Emission any disk or CD–ROM submitted. If EPA
this part, grantees are not authorized to Standards for Hazardous Air Pollutants cannot read your comment due to
use supportive services grant funds to (NESHAPs) for all sources (both part 70 technical difficulties and cannot contact
pay for the following: and non-part 70 sources). The you for clarification, EPA may not be
(a) Mortgage costs or costs needed by delegation of authority under this action able to consider your comment.
homeowners to assist with any fees, does not apply to sources located in Electronic files should avoid the use of
taxes, or other costs of refinancing. Indian Country. EPA is providing notice special characters and any form of
(b) Construction or rehabilitation of that it is updating the delegation of encryption and be free of any defects or
buildings. certain NSPS to LDEQ, and taking direct viruses. For additional information
(c) Home care and home health aides final action to approve the delegation of about EPA’s public docket, visit the EPA
typically used to provide care in certain NESHAPs to LDEQ. Docket Center homepage at http://
support of daily living activities. This DATES: This rule is effective on April 27, www.epa.gov/epahome/dockets.htm.
includes care that is focused on 2015 without further notice, unless EPA Docket: The index to the docket for
treatment for an injury or illness, receives relevant adverse comment by this action is available electronically at
rehabilitation, or other assistance March 26, 2015. If EPA receives such www.regulations.gov and in hard copy
generally required to assist those with comment, EPA will publish a timely at EPA Region 6, 1445 Ross Avenue,
handicaps or other physical limitations. withdrawal in the Federal Register Suite 700, Dallas, Texas. While all
tkelley on DSK3SPTVN1PROD with RULES
(d) Credit card bills or other consumer informing the public that the updated documents in the docket are listed in
debt. NESHAPs delegation will not take the index, some information may be
(e) Medical or dental care and effect; however, the NSPS delegation publicly available only at the hard copy
medicines. will not be affected by such action. location (e.g., copyrighted material), and
(f) Direct cash assistance to ADDRESSES: Submit your comments, some may not be publicly available at
participants. identified by Docket ID No. EPA–R06– either location (e.g., CBI).
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Document Created: 2015-12-18 13:22:33
Document Modified: 2015-12-18 13:22:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | John Kuhn, National Center for Homelessness Among Veterans, Supportive Services for Veteran Families Program Office (10NC1), 4100 Chester Avenue, Suite 200, Philadelphia, PA 19104, (877) 737-0111. (This is a toll-free number.) | |
| FR Citation | 80 FR 9604 | |
| RIN Number | 2900-AO50 | |
| CFR Associated | 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 and Veterans |
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