Clearinghouse No. 23-XXX
STATE OF WISCONSIN
Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
PROPOSED ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS
AMENDING AND ADOPTING PERMANENT RULES
The statement of scope for this rule, SS 006-23, was approved by the Governor on January 12, 2023, published in Register No. 805A4 on January 23, 2023, and approved for implementation by the Secretary of the Department of Veterans Affairs on February 6, 2023. PROPOSED ORDER
A proposed order of the Department of Veterans Affairs to repeal VA 13.01 (2), 13.02 (2) (b), 13.03 (title) and (5), 13.04 (3), and 13.05 (2); to renumber VA 13.02 (2) (d) and (e), 13.03 (intro.) and (1) to (4), and 13.04 (2); to renumber and amend VA 13.02 (2) (intro.), (a), (c), and (3), and 13.04 (intro.) and (1); to amend VA 13 (title), 13.01 (1), (3), and (4), 13.02 (title), (1), and (2) (title), and 13.05 (title) and (intro.), and 13.05 (1); to repeal and recreate VA 13.06; and to create VA 13.01 (2m) and (5), 13.02 (3) (b) and (4), 13.035, and 13.04 (1) (c), (2m), (3m), and (Note); relating to veterans housing and recovery program.
Analysis prepared by the Department of Veterans Affairs.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.03 (2), Stats., provides that the Secretary may promulgate rules necessary to carry out the purposes of Chapter 45 of the Wisconsin Statutes and the powers and duties conferred upon it. Related statute or rule:
None
Plain language analysis:
Chapter VA 13 encompasses the Department’s program that provides transitional and supportive housing and services to homeless veterans. This program, the Veterans Housing and Recovery Program (VHRP), is funded largely by the U.S. Department of Veterans Affairs (USDVA) Grant and Per Diem (GPD) program. The VHRP provides temporary housing, training, and supportive services to veterans who are homeless or at risk of becoming homeless in order to help them obtain permanent housing. The VHRP also helps homeless veterans in Wisconsin receive the job training, education, counseling, and rehabilitative services they need to obtain steady employment, affordable housing, and the skills to sustain a productive lifestyle. The assisted living program, referenced in the current rule, formerly provided state funds to enable indigent veterans to remain in the assisted living center operated at Union Grove. The assisted living program was eliminated in 2019.
The proposed rule repeals references to the assisted living program, updates the chapter to reflect current administrative practices and improve administrative of the VHRP, and makes the following substantive changes:
Changes chapter title from Veterans Assistance Program to Veterans Housing and Recovery Program.
Repeals a redundant definition (as definitions in VA 1 apply to all chapters).
Repeals references to single room occupancy and assisted living facilities.
Repeals references relating to financial assistance to pursue vocational opportunities.
Repeals monetary references relating to rent and amend provisions to reflect that the program uses the HUD Fair Market rent values and is regulated and funded by the GPD program.
Updates eligibility requirements and discharge conditions.This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.
Summary of, and comparison with, existing or proposed federal regulation:
The GPD program is the VA’s largest transitional housing program for veterans experiencing homelessness and is permanently authorized under Public Law 109-461 and governed under 38 C.F.R. part 61. Since 1994, the GPD Program has awarded funding to organizations to provide transitional housing with wraparound supportive services to assist vulnerable veterans move into permanent housing. U.S. Department of Housing and Urban Development (HUD) annually estimates Fair Market Rents, as defined in 24 CFR 888.113. The VHRP program uses HUD Fair Market rent values that are regulated and funded by the GPD program. Since guidance and regulations for this program change frequently, it is vital that the rules under chapter VA 13 reflect the most current USDVA regulations and directives.
Comparison with rules in adjacent states:
