[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1436 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1436
To expand and extend benefits available to veterans in response to the
COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Tester (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To expand and extend benefits available to veterans in response to the
COVID-19 pandemic, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Critical Health
Access Resource and Grant Extensions Act of 2023'' or the ``CHARGE Act
of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HOMELESSNESS MATTERS
Sec. 101. Grants and per diem payments provided by the Secretary of
Veterans Affairs for services furnished to
homeless veterans.
Sec. 102. Authorization for use of certain funds for improved
flexibility in provision of assistance to
homeless veterans.
Sec. 103. Access to Department of Veterans Affairs telehealth services.
TITLE II--MATTERS RELATING TO CAREGIVERS
Sec. 201. Authorized virtual visits under caregiver programs of
Department of Veterans Affairs.
TITLE III--STATE VETERANS HOMES
Sec. 301. State home defined.
Sec. 302. Temporary waiver of occupancy rate requirements for receipt
of per diem payments.
Sec. 303. Provision of medicine, equipment, and supplies.
TITLE I--HOMELESSNESS MATTERS
SEC. 101. GRANTS AND PER DIEM PAYMENTS PROVIDED BY THE SECRETARY OF
VETERANS AFFAIRS FOR SERVICES FURNISHED TO HOMELESS
VETERANS.
(a) Limitation on Transitional Housing Beds.--Section 2011 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(i) Limitation on Transitional Housing Beds.--The Secretary may
not make grants under this section or provide per diem payments under
section 2012 of this title for more than 12,000 transitional housing
beds for homeless veterans furnished by grant recipients or eligible
entities under such sections on average each year.''.
(b) Reports Required.--Section 2012 of such title is amended by
adding at the end the following new subsection:
``(f) Reports Required.--Not later than 90 days after the date of
the enactment of the CHARGE Act of 2023, and not less frequently than
twice each year thereafter, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the rate for per
diem payments under this section that includes, for each Veterans
Integrated Service Network of the Department, the following data:
``(1) The average rate for such payments.
``(2) A list of locations where the rate for such payments
is within 10 percent of the maximum rate for such payments
authorized under this section.
``(3) The average length of stay by veterans participating
in programs described in section 2011(a) of this title.''.
(c) Maximum Rate.--During the three-year period beginning on the
date of the enactment of this Act, section 2012(a)(2)(B)(i)(II)(aa)(BB)
of title 38, United States Code, shall be applied and administered by
substituting ``200'' for ``115''.
(d) Strategic Plan.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a strategic plan for the provision of grants
and per diem payments for services furnished to homeless
veterans under sections 2011 and 2012 of title 38, United
States Code.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A method for administering grant funding
equitably without using the rate authorized for State
homes for domiciliary care under subsection (a)(1)(A)
of section 1741 of title 38, United States Code, as the
Secretary may increase from time to time under
subsection (c) of that section, that takes into
account--
(i) the wide variety of services furnished
by grant recipients and eligible entities under
sections 2011 and 2012 of title 38, United
States Code;
(ii) varying costs of living across
different geographic locations;
(iii) varying availability of affordable
housing in different geographic locations;
(iv) circumstances of housing insecurity in
rural and Tribal communities;
(v) veterans with significant medical care
needs; and
(vi) the changing dynamic of the veteran
population nationwide.
(B) A plan and timeline for implementation of the
method included under subparagraph (A).
(C) An estimate of increased costs or savings per
year under the plan.
(D) An overview of the different grants that will
be available once the plan is implemented.
SEC. 102. AUTHORIZATION FOR USE OF CERTAIN FUNDS FOR IMPROVED
FLEXIBILITY IN PROVISION OF ASSISTANCE TO HOMELESS
VETERANS.
(a) In General.--Subtitle VII of chapter 20 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 2069. Flexibility in provision of assistance to homeless
veterans
``(a) Use of Funds.--The Secretary may provide to homeless veterans
and veterans participating in the program carried out under section
8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)), as the Secretary determines necessary, the following:
``(1) Assistance required for the safety and survival of
the veteran (such as food, shelter, clothing, blankets, and
hygiene items).
``(2) Transportation required to support the stability and
health of the veteran (such as transportation for appointments
with service providers, the conduct of housing searches, and
the obtainment of food and supplies).
``(3) Communications equipment and services (such as
tablets, smartphones, disposable phones, and related service
plans) required to support the stability and health of the
veteran (such as through the maintenance of contact with
service providers, prospective landlords, and family members).
``(4) Such other assistance as the Secretary determines
necessary.
``(b) Homeless Veterans on Department Land.--(1) The Secretary may
collaborate, to the extent practicable, with one or more organizations
to manage the use of land of the Department for homeless veterans for
living and sleeping.
``(2) Collaboration under paragraph (1) may include the provision
by either the Secretary or the head of the organization concerned of
food services and security for property, buildings, and other
facilities owned or controlled by the Department.
``(c) Sunset.--The authorities provided by this section shall
terminate on the date that is three years after the date of the
enactment of the CHARGE Act of 2023.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding at the end the following
new item:
``2069. Flexibility in provision of assistance to homeless veterans.''.
SEC. 103. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS TELEHEALTH SERVICES.
(a) In General.--Subtitle VII of chapter 20 of title 38, United
States Code, as amended by section 102(a), is further amended by adding
at the end the following new section:
``Sec. 2070. Access to telehealth services
``To the extent practicable, the Secretary shall ensure that
veterans participating in or receiving services from a program under
this chapter have access to telehealth services to which such veterans
are eligible under the laws administered by the Secretary, including by
ensuring that telehealth capabilities are available to--
``(1) such veterans;
``(2) case managers of the Department of programs for
homeless veterans authorized under this chapter; and
``(3) community-based service providers for homeless
veterans receiving funds from the Department through grants or
contracts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title, as amended by section 102(b), is further
amended by adding at the end the following new item:
``2070. Access to telehealth services.''.
TITLE II--MATTERS RELATING TO CAREGIVERS
SEC. 201. AUTHORIZED VIRTUAL VISITS UNDER CAREGIVER PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
On or before September 30, 2023, notwithstanding any requirement to
the contrary under section 1720G of title 38, United States Code, or
part 71 of title 38, Code of Federal Regulations, or successor
regulations, the Secretary of Veterans Affairs may complete any home
visit required under such section with respect to a veteran and their
caregiver through video conference or other available telehealth
modality, if agreed to by the veteran or caregiver.
TITLE III--STATE VETERANS HOMES
SEC. 301. STATE HOME DEFINED.
In this title, the term ``State home'' has the meaning given that
term in section 101(19) of title 38, United States Code.
SEC. 302. TEMPORARY WAIVER OF OCCUPANCY RATE REQUIREMENTS FOR RECEIPT
OF PER DIEM PAYMENTS.
During the period beginning on the date of the enactment of this
Act and ending on September 30, 2024, occupancy rate requirements for
State homes for purposes of receiving per diem payments set forth in
section 51.40(c) of title 38, Code of Federal Regulations, or successor
regulations, shall not apply.
SEC. 303. PROVISION OF MEDICINE, EQUIPMENT, AND SUPPLIES.
(a) In General.--The Secretary of Veterans Affairs may provide to
State homes medicines, personal protective equipment, medical supplies,
and any other equipment, supplies, and assistance available to the
Department of Veterans Affairs.
(b) Personal Protective Equipment Defined.--In this section, the
term ``personal protective equipment'' means any protective equipment
required to prevent the wearer from contracting an infectious disease,
including gloves, N-95 respirator masks, gowns, goggles, face shields,
or other equipment required for safety.
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