Federal Register - November 10, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations and potential homelessness.
Furthermore, eviction moratoriums do not address the underlying issue of rent affordability that will continue to place these veteran households at risk once these moratoriums end.
SSVF has used the modification obtained under 42 U.S.C. 5141 for COVID19 to increase the resources available through the rental subsidy that is made available in 62.34a8. This has allowed SSVF to use rent reasonableness as the basis for the rental subsidy, rather than the FMR.
While this effect only modestly increases the level of rental subsidy, it remains an important change and needs to continue even once the public health emergency ends.
For these reasons, the Secretary has concluded that ordinary notice and comment procedures would be impracticable and contrary to the public interest as delay will have significant negative health consequences to homeless and at-risk veterans and is accordingly issuing this rule as an interim final rule. However, the Secretary will consider and address comments that are received within 60
days after the date that this interim final rule is published in the Federal Register and address them in a subsequent Federal Register document announcing a final rule incorporating any changes made in response to the public comments.
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Paperwork Reduction Act This interim final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
3521.
Regulatory Flexibility Act The Secretary hereby certifies that this interim 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. 601612. This interim final rule will only impact those entities that choose to participate in the SSVF Program. 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. Therefore, pursuant to 5 U.S.C. 605b, the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory
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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. The Office of Information and Regulatory Affairs has determined that this rule is an economically significant regulatory action under Executive Order 12866. VA
has determined that there are costs and transfers associated with the provisions of this rulemaking. The costs for 62.34a8 are estimated to be between a lower bound of $204.2M in FY2022
and $895M over a five-year period FY2022FY2026 and an upper bound of $291.8M in FY2022 and $1.65B over a five-year period. The costs for 62.34e2 are estimated to be $720,000
in FY2022 and $3.8M over a five-year period.
The full Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov.
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 interim final rule will have no such effect on State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Program 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.
Congressional Review Act The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this regulatory action is a major rule under Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 also known as the Congressional Review Act, 5 U.S.C.
801808, because it may result in an annual effect on the economy of $100
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million or more. 5 U.S.C. 8042. In accordance with 5 U.S.C. 801a1, VA
will submit to the Comptroller General and to Congress a copy of this Regulation and the Regulatory Impact Analysis RIA associated with the Regulation. However, for the reasons explained above, VA has found that there is good cause to publish this rule with an immediate effective date, pursuant to 5 U.S.C. 8082.
List of Subjects in 38 CFR Part 62
Administrative practice and procedure, Day care, Disability benefits, Government contracts, Grant programshealth, Grantshousing and community development, Grant programsveterans, Health care, Homeless, Housing, Indianlands, Individuals with disabilities, Low and moderate income housing, Manpower training program, Medicaid, Medicare, 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.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on August 26, 2021, 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.
Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, we are amending 38 CFR part 62 as follows:
PART 62SUPPORTIVE SERVICES
FOR VETERAN FAMILIES PROGRAM
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.
2. Amend 62.34 by revising paragraphs a8, e2 introductory text, and f2 to read as follows:
62.34
Other supportive services.
a
8 Extremely low-income veteran families and very low-income veteran families who meet the criteria of 62.11
may be eligible to receive a rental subsidy as follows:
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