[Congressional Record Volume 166, Number 207 (Tuesday, December 8, 2020)]
[Senate]
[Page S7286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         STATE VETERANS HOMES DOMICILIARY CARE FLEXIBILITY ACT

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the 
Committee on Veterans' Affairs be discharged from further consideration 
of S. 4460 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 4460) to authorize the Secretary of Veterans 
     Affairs to waive certain eligibility requirements for a 
     veteran to receive per diem payments for domiciliary care at 
     a State home, and for other purposes.

  There being no objection, the committee was discharged and the Senate 
proceeded to consider the bill.
  Mr. PORTMAN. I ask unanimous consent that the bill be considered read 
a third time and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4460) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows

                                S. 4460

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Veterans Homes 
     Domiciliary Care Flexibility Act''.

     SEC. 2. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS 
                   AFFAIRS FOR RECEIPT OF PER DIEM PAYMENTS FOR 
                   DOMICILIARY CARE AT STATE HOMES AND 
                   MODIFICATION OF ELIGIBILITY FOR SUCH PAYMENTS.

       (a) Waiver of Requirements.--Notwithstanding section 1741 
     of title 38, United States Code (as amended by subsection 
     (b)), the Secretary of Veterans Affairs shall modify section 
     51.51(b) of title 38, Code of Federal Regulations (or 
     successor regulations), to provide the Secretary the 
     authority to waive the requirements under such section 
     51.51(b) for a veteran to be eligible for per diem payments 
     for domiciliary care at a State home if--
       (1) the veteran has met not fewer than four of the 
     requirements set forth in such section; or
       (2) such waiver would be in the best interest of the 
     veteran.
       (b) Modification of Eligibility.--Section 1741(a)(1) of 
     title 38, United States Code, is amended, in the flush text 
     following subparagraph (B), by striking ``in a Department 
     facility'' and inserting ``under the laws administered by the 
     Secretary''.
       (c) State Home Defined.--In this section, the term ``State 
     home'' has the meaning given that term in section 101(19) of 
     title 38, United States Code.

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