[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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