Supportive Services for Veterans Families
| Citation | 86 FR 62482 |
| Record Number | 2021-24496 |
| Published date | 10 November 2021 |
| Section | Rules and Regulations |
| Court | Veterans Affairs Department |
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations
of the Lower Mississippi River between
Mile Marker (MM) 94 and MM 95. This
action is needed to provide for the
safety of life on these navigable
waterways during the event. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES
: The regulations in 33 CFR
165.845 will be enforced from 9:00 p.m.
to 10:00 p.m. on November 17, 2021.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast
Guard; telephone 504–365–2246, email
William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION
: The Coast
Guard will enforce safety zone located
in 33 CFR 165.845 for the Four Seasons
Hotel Fireworks Display event. The
regulations will be enforced from 9:00
p.m. through 10:00 p.m. on November
17, 2021. This action is being taken to
provide for the safety of life on
navigable waterways during this event,
which will be located between MM 94
and MM 95 above Head of Passes,
Lower Mississippi River, LA. During the
enforcement periods, if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
Dated: October 29, 2021.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2021–24589 Filed 11–9–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 62
RIN 2900–AR15
Supportive Services for Veterans
Families
AGENCY
: Department of Veterans Affairs
ACTION
: Interim final rule.
SUMMARY
: The Department of Veterans
Affairs (VA) is amending its regulations
that govern the Supportive Services for
Veteran Families (SSVF) Program. This
interim final rule will provide a more
effective subsidy to veterans in high-
cost rental markets; increase the cap on
General Housing Assistance to reflect
increased costs; and extend the ability
of SSVF grantees to provide emergency
housing for the most vulnerable,
unsheltered veterans and their families.
DATES
:
Effective date: This interim final rule
is effective November 10, 2021.
Comment date: Comments must be
received on or before January 10, 2022.
ADDRESSES
: Comments may be
submitted through
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AR15—
Supportive Services for Veterans
Families.’’ Comments received will be
available at regulations.gov for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT
: John
Kuhn, National Director, Supportive
Services for Veteran Families. 810
Vermont Avenue NW, Washington, DC
20420. (202) 632–8596 (this is not a toll-
free telephone number).
SUPPLEMENTARY INFORMATION
: VA is
amending its regulations that govern the
Supportive Services for Veteran
Families (SSVF) Program under section
2044 of title 38 United States Code
(U.S.C.), which requires the Secretary to
provide financial assistance to eligible
entities, approved under that section, to
provide and coordinate the provision of
supportive services for very low-income
veteran families occupying permanent
housing.
VA implements the SSVF Program in
38 CFR part 62. Through the SSVF
Program, VA awards supportive services
grants to private non-profit
organizations or consumer cooperatives
to provide or coordinate the provision of
supportive services to very low-income
veteran families who are residing in
permanent housing and are at risk of
becoming homeless. We note that, for
the purposes of this section, 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. A very low-income veteran
family will be considered to be
occupying permanent housing if the
very low-income veteran family: Is
residing in permanent housing and is at
risk of becoming homeless but for the
grantee’s assistance; is lacking a fixed,
regular, and adequate nighttime
residence, is at risk of remaining in that
state if they do not receive the grantee’s
assistance, and is scheduled to become
residents of permanent housing within
90 days; or meets one of the conditions
listed above after exiting permanent
housing within the previous 90 days to
seek other housing that is responsive to
their needs and preferences.
Part 62 of 38 CFR details how the
program is administered, to include the
types of services, the application and
scoring process, and other requirements
and limitations associated with the
program. This rulemaking amends 38
CFR 62.34, which establishes other
supportive services that grantees may
provide, which are necessary for
maintaining independent living in
permanent housing and housing
stability. Specifically, this rulemaking
will provide a more effective subsidy to
veterans in high-cost rental markets;
increase the cap on General Housing
Assistance to reflect increased costs;
and extend the ability of SSVF grantees
to provide emergency housing for the
most vulnerable, unsheltered veterans
and their families.
Most critically, this rulemaking
amends 38 CFR 62.34(a)(8) to provide a
more effective subsidy to veterans in
high-cost rental markets. A more
effective subsidy is considered urgent
and time sensitive as it will significantly
improve the level of rental support
available to homeless and at-risk
Veterans. These Veterans currently face
substantial risks of eviction and
potential homelessness which
constitutes a serious and imminent risk
to their health. These risks are now
prevalent and, with the end of eviction
moratoriums, cannot be forestalled.
Delays in issuing this interim rule will
delay a potentially life-saving
intervention.
38 CFR 62.34(a)(8)
A shallow subsidy offered recurring
rental assistance at a fixed rate for a
longer period in comparison to Rapid
Rehousing. The expectation was that
this sustained support would expand
housing options and increase the
Veteran households’ ability to meet
other costly living expenses. As a result,
the SSVF Program Office embarked on
an initiative in October 2019 to offer the
Shallow Subsidy service in select
communities.
The provision of shallow subsidy
funds was implemented under 38 CFR
62.34(a)(8). VA is amending the fifth
sentence of 38 CFR 62.34(a)(8) to
provide a more effective subsidy to
veterans in high-cost rental markets. We
are also reorganizing current
§ 62.34(a)(8) for clarity, without
changing the meaning of such section.
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Paragraph (a) establishes the types of
rental assistance that may be provided,
such as payment of rent, penalties, or
fees, to help the participant remain in
permanent housing or obtain permanent
housing. Paragraph (a)(8) currently
states, in part, that 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 for a 2-year
period without recertification. The
existing paragraph further states that the
maximum amount of rental subsidy is
35 percent of the applicable Fair Market
Rent (FMR) published by Housing and
Urban Development (HUD).
First, we are increasing the subsidy
from 35 percent to 50 percent in
§ 62.34(a)(8). We have received strong
feedback from the community that
increasing the Shallow Subsidy rate up
to a maximum of 50 percent is necessary
to provide meaningful assistance to the
very low and extremely low-income
Veteran households eligible for SSVF
services. The housing affordability gap
for these households is too wide to be
bridged with a 35 percent subsidy. The
National Low Income Housing Coalition
(‘‘The Gap: A Shortage of Affordable
Rental Homes’’, https://reports.
nlihc.org/gap/about) reports that 70
percent of all extremely low-income
families pay more than half their
income on rent (HUD defines affordable
housing as paying no more than 30
percent of income on housing costs) due
to the acute shortage of affordable
housing. Increasing the subsidy to a
maximum of 50 percent will bring more
private sector housing units into the
range of housing affordability for SSVF
participants. Grantees will have the
option of setting a subsidy rate of less
than 50 percent, as 50 percent will be
the maximum for the rental subsidy, on
the condition that the subsidy rate set
by the grantee is sufficient to sustain
housing up to the 50 percent level. As
these subsidies only support rent
(utilities for instance are not supported
through this subsidy), and can be set at
a rate of no more than 50 percent of the
rent, the overall subsidy is still less than
half of the veteran’s housing costs. The
term shallow subsidy is consistent with
this approach as the veteran will still be
responsible for most of the housing
costs. This change is expected to
promote housing stability, which is
central to SSVF’s mission, and will
support VA’s goal of ending
homelessness among Veterans.
We are also amending the basis for the
rental subsidy for eligible participant
families to be a maximum of 50 percent
of the reasonable rent as defined in
§ 62.34(a)(4). VA defines rent
reasonableness in § 62.34(a)(4) to mean
the total rent charged for a unit must be
reasonable in relation to the rents being
charged during the same time period for
comparable units in the private
unassisted market and must not be in
excess of rents being charged by the
property owner during the same time
period for comparable non-luxury
unassisted units.
The reasons for this change are
several. First, VA has received feedback
from SSVF grantees in California stating
that using the FMR reduces the amount
of subsidies payable to participants
because HUD’s FMR rental rates
consistently lag behind the true rental
rates in the market, resulting in a
subsidy of less than the intended 35
percent of the rental rates in the market.
HUD sets the FMR at the 40th percentile
of gross rents for typical, non-
substandard rental units occupied by
recent movers in a local housing market,
meaning 60 percent of units will have
rental costs that exceed the FMR.
Furthermore, HUD counts households
who moved in within the past 15 to 22
months as recent movers for purposes of
determining the FMR. This results in
rates that do not include the impact of
recent rental inflation. Together, these
policies set the FMR at below market
rates.
In responding to the COVID–19 health
emergency, SSVF obtained a
modification under section 301 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5141) to employ a reasonable rent
standard instead of the FMR. On March
31, 2020, HUD, also responding to the
COVID–19 health emergency, issued a
waiver of the Continuum of Care (CoC)
program regulations at 24 CFR
578.49(b)(2) which prohibit CoC
program recipients from using CoC
funds to lease units above the FMR. In
implementing the waiver of the FMR
restriction, CoC program recipients were
still required to ensure that units leased
with CoC funds meet the CoC program’s
rent reasonableness standard. HUD
explained that its waiver of FMR
restriction will ‘‘assist recipients in
locating additional units to house
individuals and families experiencing
homelessness and reduce the spread
and harm of COVID–19.’’
VA agrees with the SSVF grantees and
believes that using a reasonable rent
would more accurately represent the
rental rates by providing a real time
measure of rent for comparable units
within the same rental market. VA also
believes that the reasonable rent
standard should continue to apply after
the COVID–19 public health emergency.
In addition, SSVF already uses rent
reasonableness for purposes of
determining rental assistance paid by
grantees to its participants under
§ 62.34(a)(4) and proposes to apply that
definition to § 62.34(a)(8) to support
internal consistency and reduce
administrative errors and burdens as
this allows grantees to have a single
standard for determining allowable
rental assistance.
38 CFR 62.34(e)(2)
VA is amending 38 CFR 62.34(e)(2) in
order to increase the cap on general
housing stability assistance. Paragraph
(e) establishes the general housing
stability assistance. Paragraph (e)(2)
currently states that 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 for certain types of expenses.
The current cap of $1,500 was set with
the publication of § 62.34(e)(2) on
February 24, 2015. See 80 FR 9611. Due
to inflation, the value of that cap has
eroded with time.
The Consumer Price Index for all
Urban Consumers (CPI–U) is a measure
of the average change over time in the
prices paid by urban consumers for a
variety of goods and services. It
provides indexes for various geographic
areas and price data for food, clothing,
shelter, fuels, transportation, medical
care, drugs, and other goods and
services that people buy for day-to-day
living. General housing stability
assistance funds can be provided for
some of the goods and services
measured by the CPI–U such as
uniforms, tools, kitchen utensils, and
bedding. The CPI–U is a useful indicator
of the increasing annual costs of these
items. Between 2015 and 2021 the
cumulative CPI–U, not corrected for
compounding, was 14.4 percent.
Assuming an annual CPI of 3 percent for
2022, and including a modest effect for
compounding interest, we are increasing
the $1,500 cap to $1,800 so that the
purchasing power of the $1,500 cap set
on February 24, 2015 is restored.
Additionally, there will be an automatic
adjustment to this cap so that it
increases annually based on the CPI–U.
38 CFR 62.34(f)
Currently, 38 CFR 62.34(f)(2) states
that placement for a veteran and his or
her spouse with dependent(s) in
emergency housing may not exceed 45
days. We are amending 38 CFR
62.34(f)(2) to provide additional
assistance to vulnerable, unsheltered
homeless veteran families. We note that,
for the purpose of this part, veteran
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family means a veteran who is a single
person or a family in which the head of
household, or the spouse of the head of
household, is a veteran, as defined in 38
CFR 62.2.
Through the SSVF program, VA is
seeking to engage unsheltered veterans
who typically have higher barriers to
permanent housing placement. VA finds
that in some high rental markets,
particularly when working with high
barrier households, 45 days was
insufficient time to complete a
permanent housing placement. To that
end, we are increasing the current 45-
day limit, stated in § 62.34(f)(2), to 60
days. This increase will provide
additional time in emergency housing to
the most vulnerable veteran population
of unsheltered veterans and their
families.
Administrative Procedure Act
The Administrative Procedure Act
(APA), codified at 5 U.S.C. 553,
generally requires that agencies publish
substantive rules in the Federal Register
for notice and comment. These notice
and comment requirements generally do
not apply to ‘‘a matter relating to agency
management or personnel or to public
property, loans, grants, benefits or
contracts.’’ 5 U.S.C. 553(a)(2). However,
38 U.S.C. 501(d) requires that VA
comply with the notice and comment
requirements in 5 U.S.C. 553 for matters
relating to loans, grants, or benefits,
notwithstanding section 553(a)(2). Thus,
as this rulemaking relates to the SSVF,
VA is required to comply with the
notice and comment requirements of 5
U.S.C. 553.
However, pursuant to section
553(b)(B) of the APA, general notice and
the opportunity for public comment are
not required with respect to a
rulemaking when an ‘‘agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’
In addition, section 553(d) of the APA
requires a 30-day delayed effective date
following publication of a rule, except
for ‘‘(1) a substantive rule which grants
or recognizes an exemption or relieves
a restriction; (2) interpretative rules and
statements of policy; or (3) as otherwise
provided by the agency for good cause
found and published with the rule.’’
In accordance with 5 U.S.C. 553(b)(B)
and (d)(3), the Secretary has concluded
that there is good cause to publish this
rule without prior opportunity for
public comment and to publish this rule
with an immediate effective date to
address the needs of service members
and veterans who are homeless or at
imminent risk of homelessness. Delay in
the implementation of this rule would
be impracticable and contrary to the
public interest. More than 7 million
adults currently live in households that
are behind on rent payments. As of
August 30, 2021, roughly 3.6 million
individuals in the U.S. said they are
‘‘very likely’’ or ‘‘somewhat likely’’ to
face eviction in the next two months,
according to the U.S. Census Bureau’s
Household Pulse Survey. (https://
www.census.gov/data/tables/2021/
demo/hhp/hhp36.html). As seven
percent of the population are veterans,
this could mean nearly half a million
veterans and their family members face
eviction with tens of thousands
becoming homeless. Earlier Centers for
Disease Control and Prevention (CDC)
eviction moratoriums established to
ameliorate this risk are no longer in
effect. The results for those facing
eviction and potential homelessness
include serious and imminent risks to
their health. The CDC reports,
homelessness is closely connected to
declines in physical and mental health;
homeless persons experience high rates
of health problems such as HIV
infection, alcohol and drug abuse,
mental illness, tuberculosis, and other
conditions (https://www.cdc.gov/phlp/
publications/topic/resources/resources-
homelessness.html). Additionally, the
CDC reports, ‘‘people experiencing
homelessness are disproportionately
affected by COVID–19.’’ ‘‘Homeless
services are often provided in
congregate (group) settings, which could
make the spread of infection easier.
Because many people experiencing
homelessness are older adults or have
underlying medical conditions, they
may also be at increased risk for severe
illness from COVID–19.’’ (https://
www.cdc.gov/coronavirus/2019-ncov/
need-extra-precautions/
homelessness.html). These risks are now
prevalent and, with the end of eviction
moratoriums, cannot be forestalled.
Delays in issuing this interim rule will
delay a potentially life-saving
intervention.
On September 4, 2020, the CDC and
the Department of Health and Human
Services (HHS) published an Order
under Section 361 of the Public Health
Service Act to temporarily halt
residential evictions to prevent the
further spread of COVID–19. 85 FR
55292. This Order was effective from
September 4, 2020, through December
31, 2020, and was extended until July
31, 2021. 86 FR 34010. On August 3,
2021, CDC issued a subsequent, more
narrowly tailored eviction order to
temporarily halt evictions in United
States counties experiencing substantial
or high rates of community transmission
of COVID–19. 86 FR 43244. The order
was then challenged in the DC district
court, which vacated the order on a
nationwide basis, but stayed its
judgment pending appeal. The Supreme
Court then vacated the district court’s
stay, effectively ending the moratorium
order. See Ala. Ass’n of Realtors v. Dep’t
of Health and Human Servs., 594 U.S.
(2021).
The Secretary’s decision to increase
the subsidy in § 62.64(a)(8) from 35% to
50% requires immediate effect to ensure
rental supports are immediately
available to very low-income veterans
at-risk of becoming homeless,
particularly given that the COVID–19
pandemic, with its sustained adverse
economic consequences, may have
reduced or limited their personal
resources.
The U.S. Department of Treasury’s
Emergency Rental Assistance Program
(EARP) primarily pays rental arrears;
financial assistance for prospective rent
payments is limited. Unlike the rental
subsidy proposed by this regulation,
ERAP would not make rent more
affordable. The increased subsidy would
be provided in addition to the ERAP
funds. Other state and local resources to
assist veterans with rent, outside those
that are federally supported such as
ERAP, are very limited and not available
or insufficient in most areas of the
country. Many veterans and grantees
report it has been difficult to access
these resources. By making rent
affordable, the rental subsidy proposed
by this regulation allows veteran
families to sustain their housing, giving
landlords less cause to proceed with
evictions.
Furthermore, widespread reports of
soaring rental prices (‘‘Rent Prices Are
Soaring as Americans Flock Back to
Cities’’ Washington Post, July 10, 2021)
will leave many veteran families at-risk
even if rent arrears stemming from the
COVID–19 induced economic crisis
have been paid by programs such as
SSVF or ERAP. The low-income
families served by SSVF will need the
elevated levels of support to address the
growing gap between their income and
rental costs. The risk of becoming
homeless will become particularly acute
for many low-income families now that
the CDC eviction moratorium is no
longer in effect. Although eviction
moratoriums remain in effect in a few
states and municipalities, these policy
responses are temporary and do not
provide a permanent solution for
protecting the vast majority of at-risk
veterans who continue to face eviction
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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
COVID–19 to increase the resources
available through the rental subsidy that
is made available in § 62.34(a)(8). 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.
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. 601–612. 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. 605(b), 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
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
§ 62.34(a)(8) are estimated to be between
a lower bound of $204.2M in FY2022
and $895M over a five-year period
(FY2022–FY2026) and an upper bound
of $291.8M in FY2022 and $1.65B over
a five-year period. The costs for
62.34(e)(2) 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.
801–808, because it may result in an
annual effect on the economy of $100
million or more. 5 U.S.C. 804(2). In
accordance with 5 U.S.C. 801(a)(1), 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. 808(2).
List of Subjects in 38 CFR Part 62
Administrative practice and
procedure, Day care, Disability benefits,
Government contracts, Grant
programs—health, Grants—housing and
community development, Grant
programs—veterans, Health care,
Homeless, Housing, Indian—lands,
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 62—SUPPORTIVE 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 (a)(8), (e)(2) introductory
text, and (f)(2) 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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62486
Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations
1
See https://www.prc.gov/mail-classification-
schedule in the Current MCS section.
2
39 CFR 3040.103(d)(1). More detailed
information (e.g., Docket Nos., Order Nos., effective
dates, and extensions) for each market dominant
and competitive product can be found in the MCS,
including the ‘‘Revision History’’ section. See, e.g.,
file ‘‘MCSRedline03312020.docx,’’ available at
https://www.prc.gov/mail-classification-schedule.
3
Previous versions of the MCS and its product
lists can be found on the Commission’s website,
available at https://www.prc.gov/mail-
classification-schedule in the MCS Archives
section.
(i) For a 2-year period without
recertification.
(ii) The applicable counties will be
published annually in the Federal
Register. A family must live in one of
these applicable counties to be eligible
for this subsidy. The counties will be
chosen based on the cost and
availability of affordable housing for
both individuals and families within
that county.
(iii) The maximum amount of this
rental subsidy is 50 percent of
reasonable rent as defined by paragraph
(a)(4) of this section. Grantees must
collaborate with their local Continuum
of Care (CoC) as defined at 24 CFR 578.3
to determine the proper subsidy
amounts to be used by all grantees in
each applicable county.
(iv) Grantees must provide a letter of
support from their local CoC to the
Supportive Services for Veteran
Families (SSVF) Program Office when
requesting VA approval of this subsidy.
The SSVF Program Office must approve
all subsidy requests before the subsidy
is used.
(v) Very low-income veteran families
may receive this subsidy for a period of
two years before recertification minus
the number of months in which the
recipient received the rental assistance
provided under paragraph (a)(1) of this
section.
(vi) Extremely low-income veteran
families may receive this subsidy for up
to a 2-year period before recertification
following receipt of rental assistance
under paragraph (a)(1) of this section.
(vii) For any month, the total rental
payments provided to a family under
this paragraph (a)(8) cannot be more
than the total amount of rent. Payment
of this subsidy by a grantee must
conform to the requirements set forth in
paragraphs (a)(2) through (7) of this
section. The rental subsidy amount will
not change for the veteran family in the
second year of the two-year period, even
if the annual amount published
changes.
(viii) A veteran family will not need
to be recertified as a very low-income
veteran family as provided for by
§ 62.36(a) during the initial two-year
period. After an initial two-year period,
a family receiving this subsidy, or a
combination of the rental assistance
under paragraph (a)(1) of this section
and this subsidy, may continue to
receive rental payments under this
section, but would require
recertification at that time and once
every two years.
* * * * *
(e) * * *
(2) A grantee may pay directly to a
third party (and not to a participant), in
an amount not to exceed $1,800, per
participant during any 2-year period,
beginning on the date that the grantee
first submits a payment to a third party.
This cap will be adjusted annually
based on the Consumer Price Index for
all Urban Consumers (CPI–U). This
amount is for the following types of
expenses:
* * * * *
(f) * * *
(2) Placement for a veteran and his or
her spouse with dependent(s) may not
exceed 60 days.
* * * * *
[FR Doc. 2021–24496 Filed 11–9–21; 8:45 am]
BILLING CODE 8320–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3040
[Docket No. RM2020–8]
Update to Competitive Product List
AGENCY
: Postal Regulatory Commission.
ACTION
: Direct final rule.
SUMMARY
: The Commission is
announcing an update to the
competitive product list. This action
reflects a publication policy adopted by
Commission rules. The referenced
policy assumes periodic updates. The
updates are identified in the body of
this document. The competitive product
list, which is re-published in its
entirety, includes these updates.
DATES
: This rule is effective December
27, 2021, without further action, unless
adverse comment is received by
December 10, 2021. If adverse comment
is received, the Commission will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES
: For additional information,
this document can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT
:
David A. Trissell, General Counsel, at
202–789–6800.
SUPPLEMENTARY INFORMATION
:
I. Introduction
II. Commission Process
III. Authorization
IV. Modifications
V. Ordering Paragraphs
I. Introduction
Pursuant to 39 U.S.C. 3642(d)(2) and
39 CFR 3040.103, the Commission
provides a Notice of Update to
Competitive Product List by listing all
necessary modifications to the
competitive product list.
II. Commission Process
Pursuant to 39 CFR part 3040, the
Commission maintains a Mail
Classification Schedule (MCS) that
includes rates, fees, and product
descriptions for each market dominant
and competitive product, as well as
product lists that categorize Postal
Service products as either market
dominant or competitive. See generally
39 CFR part 3040. The product lists are
published in the Code of Federal
Regulations as ‘‘Appendix A to Subpart
A of Part 3040—Market Dominant
Product List’’ and ‘‘Appendix B to
Subpart A of Part 3040—Competitive
Product List’’ pursuant to 39 U.S.C.
3642(d)(2). See 39 U.S.C. 3642(d)(2).
Both the MCS and its product lists are
updated by the Commission on its
website on a quarterly basis.
1
In
addition, these quarterly updates to the
product lists are also published in the
Federal Register pursuant to 39 CFR
3040.103. See 39 CFR 3040.103.
III. Authorization
Pursuant to 39 CFR 3040.103(d)(1),
this Notice of Update to Product Lists
identifies any modifications made to the
market dominant or competitive
product list, including product
additions, removals, and transfers.
2
Pursuant to 39 CFR 3040.103(d)(2), the
modifications identified in this
document result from the Commission’s
most recent MCS update posted on the
Commission’s website on October 5,
2021, and supersede all previous
product lists.
3
IV. Modifications
The following list of products is being
added to ‘‘Appendix B to Subpart A of
Part 3040—Competitive Product List’’:
1. First-Class Package Service Contract
115
2. First-Class Package Service Contract
116
3. First-Class Package Service Contract
117
4. Parcel Select Contract 47
5. Priority Mail & First-Class Package
Service Contract 191
6. Priority Mail & First-Class Package
Service Contract 192
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