Supportive Services for Veteran Families Program, 24514-24534 [2010-10372]
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Proposed Rules
exception in the interests of patient
care. Drug or supply samples may not be
provided to VA staff for their personal
use.
(3) Donations of food. Sales
representatives may not provide food
items of any type or any value to VA
staff (including volunteers and without
compensation employees) or bring food
items into VA medical facilities for use
by non-VA staff (e.g., employees of
affiliates). This constraint applies to all
sales representatives who have business
relationships with VA Clinical Services.
(f) Conduct of sales representatives. In
addition to any other rules in this
section, sales representatives (i.e.,
promoters) of drugs and drug-related
supplies must conform to the following:
(1) Sales representatives must provide
accurate information. Sales
representatives must ensure that all
drugs or drug-related supplies are
discussed, displayed and represented
accurately, in accordance with any
applicable Food and Drug
Administration and VANF guidelines
and restrictions.
(2) Contacts are to be by appointment
only. In order to minimize the potential
for disruption of patient care activities,
a sales representative must schedule an
appointment before each specific visit.
Access to VA medical facilities by a
sales representative without an
appointment is not permitted under any
circumstances. VA medical facilities
may develop a list of individuals or
departments that do not wish to be
called-on by sales representatives. A
sales representative must not attempt to
make appointments with individuals or
departments on the list. The list may be
obtained at the local office of the Chief
of Pharmacy Services.
(3) Contacts with VA staff without an
appointment. A sales representative
visiting a VA medical facility for a
scheduled appointment may not initiate
requests for meetings with other VA
staff; however, sales representatives may
respond to requests initiated by VA staff
during the visit.
(4) Paging VA employees. The sales
representative may not use the public
address (paging) system to locate any
VA employee. Contacts using the
electronic paging system (beepers) are
permissible only if specifically
requested by the VA employee.
(5) Marketing to students. Sales
representatives are prohibited from
marketing to medical, pharmacy,
nursing and other health profession
students (including residents).
Exceptions may be permitted when
approved by, and conducted in the
presence of, their clinical staff member.
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(6) Attendance at conferences. A sales
representative is not allowed to attend
a medical center conference where
patient-specific material is discussed or
presented.
(7) Patient care areas. Sales
representatives generally may not wait
for scheduled appointments or make
presentations in patient-care areas, but
may briefly travel through them, when
necessary, to meet in a staff member’s
office. Patient-care areas include, but are
not limited to:
(i) Patient rooms and ward areas
where patients may be encountered;
(ii) Clinic examination rooms;
(iii) Nurses stations;
(iv) Intensive care units;
(v) Operating room suites;
(vi) Emergency rooms;
(vii) Urgent care centers; and
(viii) Ambulatory treatment centers.
(g) Failure to properly promote drugs
or drug-related supplies within VA.
(1) A sales representative’s
commercial visiting privileges at one or
more VA medical facilities may be
restricted by the written order of the
director of the VA medical center of
jurisdiction if the director determines
the sales representative failed to comply
with the requirements of this section.
The director will notify the
representative of the noncompliance
and of the director’s proposed action
under paragraph (g)(3) of this section.
The director will also notify the
manager or other appropriate supervisor
of the sales force if there have been
instances of widespread misconduct by
an individual, or by multiple
representatives of the same sales force,
and the director proposes to suspend or
permanently revoke the sales force’s
commercial visiting privileges at one or
more VA medical facilities. The notice
will offer 30 days to provide a response;
however, the proposed action will be
enforced effective the date of the notice.
(2) At the end of the 30-day period for
a response, or after the director receives
a timely response, the director may, as
appropriate to prevent future
noncompliance, issue a written order
suspending or permanently revoking the
sales representative’s or sales force’s
commercial visiting privileges, impose a
lesser sanction, or decide that no further
action is required. In determining the
appropriate action, the director shall
consider the requirements of this
section, the circumstances of the
improper conduct, any prior acts of
misconduct by the same sales
representative or sales force, any
response submitted by the sales
representative or sales force manager,
and any prior orders issued or other
actions taken with respect to similar
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acts of misconduct. Any final order
issued by the director shall include a
summary of the circumstances of the
violation, a listing of the specific
provisions of this section that the sales
representative or sales force violated,
and the bases for the director’s
determination regarding the appropriate
remedial action.
(3) Actions that may be imposed
under this section include limitation,
suspension, or permanent revocation of
commercial visiting privileges at one or
more VA medical facilities. Instances of
widespread misconduct by an
individual or multiple sales
representatives may result in the
imposition of a VISN-wide or VA-wide
limitation, suspension, or revocation of
commercial visiting privileges of the
entire sales force of a given
manufacturer, if necessary to prevent
further noncompliance. The director
will provide the sales representative or
sales force manager written notice of
any final order issued under this
section.
(4) Notice concerning a final order
suspending or permanently revoking an
entire sales force’s commercial visiting
privileges shall include specific notice
concerning the right to appeal the
director’s order to the Under Secretary
for Health. The sales force manager or
other corporate representative may
request the Under Secretary’s review
within 30 days of the date of the
director’s order by submitting a written
request to the director. The director
shall forward the initial notice, any
response, the final order, and the
request for review to the Under
Secretary for a final VA decision. VA
will enforce the director’s order while it
is under review by the Under Secretary.
The director will provide the individual
who made the request written notice of
the Under Secretary’s decision.
(Authority: 38 U.S.C. 501)
Editorial Note: This document was
received in the Office of the Federal Register
on Friday, April 30, 2010.
[FR Doc. 2010–10629 Filed 5–4–10; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 62
RIN 2900–AN53
Supportive Services for Veteran
Families Program
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
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SUMMARY: This proposed rule would
establish regulations concerning the
Supportive Services for Veteran
Families Program (SSVF Program) of the
Department of Veterans Affairs (VA).
This proposed rule is necessary to
implement the provisions of section 604
of the Veterans’ Mental Health and
Other Care Improvements Act of 2008.
The purpose of the SSVF Program is to
provide supportive services grants to
private non-profit organizations and
consumer cooperatives who would
coordinate or provide supportive
services to very low-income veteran
families who are residing in permanent
housing, are homeless and scheduled to
become residents of permanent housing
within a specified time period, or after
exiting permanent housing, are seeking
other housing that is responsive to such
very low-income veteran family’s needs
and preferences. The new SSVF
Program is within the continuum of
VA’s homeless services programs.
DATES: Comments on the proposed rule,
including comments on the information
collection provisions, must be received
on or before June 4, 2010.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or hand
delivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN53.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 (this is not a tollfree number) for an appointment. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Vincent Kane, Supportive Services for
Veteran Families Program Office (116),
National Center on Homelessness
Among Veterans, c/o Philadelphia VA
Medical Center, 3900 Woodland
Avenue, Philadelphia, PA 19104, (202)
273–7462 (this is not a toll-free
number).
Section
604 of the Veterans’ Mental Health and
Other Care Improvements Act of 2008,
Public Law 110–387 (the Act), codified
at 38 U.S.C. 2044, directed the Secretary
of VA (Secretary) to provide financial
SUPPLEMENTARY INFORMATION:
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assistance to eligible entities to provide
supportive services to very low-income
veteran families who are occupying
permanent housing. This proposed rule
would establish regulations concerning
the SSVF Program and is necessary to
implement section 604 of the Act.
For organization and clarity of
implementation, the proposed rule sets
forth a new 38 CFR part 62. The
proposed rule would establish
regulations authorizing VA to award
supportive services grants to private
non-profit organizations and consumer
cooperatives, who would provide or
coordinate the provision of supportive
services to very low-income veteran
families who: (i) Are residing in
permanent housing, (ii) are homeless
and scheduled to become residents of
permanent housing within a specified
time period; or (iii) after exiting
permanent housing, are seeking other
housing that is responsive to such very
low-income veteran family’s needs and
preferences.
VA has several programs that offer
care to eligible homeless veterans, such
as the Health Care for Homeless
Veterans (HCHV) Program, the Grant
and Per Diem (GPD) Program, the
Residential Rehabilitation and
Treatment Programs (RRTP), the
Homeless Dental Program, and the
Housing and Urban Development—VA
Supported Housing (HUD–VASH
Program). The SSVF Program is unique
among the other VA programs because
of the population it serves and the wide
range of supportive services it provides
to that population. For example, unlike
other VA programs, the SSVF Program
permits supportive services to be
provided to veterans and their family
members. (While the GPD program
authorizes certain services for minor
dependents of women veterans, it does
not generally authorize the provision of
supportive services to family members).
Subject to SSVF Program limitations,
these very low-income veteran families
could be residing in permanent housing
or be homeless. A broad range of
supportive services assist participants to
obtain housing stability, such as case
management, assist participants to
obtain any VA, Federal, State, local, or
tribal benefits for which they may be
eligible, and provide temporary
financial assistance.
The SSVF Program will benefit very
low-income veteran families by helping
them to achieve housing stability. In
particular, the SSVF Program will aim
to prevent very low-income veteran
families from becoming homeless and
assist those very low-income veteran
families who are homeless with rapid
re-housing. The SSVF Program will
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assist participants in obtaining the skills
and resources necessary to maintain
long-term housing stability.
Content of Proposed Rule
62.1
Purpose
Proposed § 62.1 sets forth the purpose
of the SSVF Program. Consistent with
the Act (38 U.S.C. 2044), the proposed
rule states that the purpose of the SSVF
Program is to provide supportive
services grants to eligible entities to
facilitate the provision of supportive
services to very low-income veteran
families who are occupying permanent
housing.
62.2
Definitions
Proposed § 62.2 contains definitions
for key terms that would be used in part
62 and Notices of Fund Availability.
Although the proposed rule lists
definitions in alphabetical order, this
notice discusses the definitions as
follows:
(a) Definitions that are critical for
understanding the SSVF Program; (b)
Definitions that are included to provide
clarity; and (c) Definitions that are based
upon existing VA regulations or
statutes.
Definitions That Are Critical for
Understanding the SSVF Program
In accordance with the Act (38 U.S.C.
2044(f)(2)), proposed § 62.2 defines the
term ‘‘eligible entity’’ as a private nonprofit organization or consumer
cooperative, which in turn are
separately defined in proposed § 62.2.
The proposed definition of ‘‘veteran
family’’ is consistent with the definition
provided in the Act (38 U.S.C.
2044(f)(7)). The proposed rule defines a
veteran family as either a single veteran
or a family in which the head of
household, or the spouse of the head of
household, is a veteran.
Under the proposed rule, to be
eligible for supportive services, a
veteran family must be considered a
‘‘very low-income veteran family.’’
Consistent with the Act (38 U.S.C.
2044(f)(6)), proposed § 62.2 defines a
very low-income veteran family as a
veteran family whose annual income
does not exceed 50 percent of the
median income for an area or
community. This is subject to
adjustment by VA in the Notice of Fund
Availability. A veteran family’s annual
income will be determined in
accordance with the income criteria for
programs under section 8 of the United
States Housing Act of 1937 (42 U.S.C.
1437f) as found in the Department of
Housing and Urban Development
regulation 24 CFR 5.609. VA has
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determined that, unless stated otherwise
in the Notice of Fund Availability, the
income limits and area or community
designations most recently published by
the Department of Housing and Urban
Development for programs under
section 8 of the United States Housing
Act of 1937 will be used to determine
the median income for an area or
community.
Under 38 U.S.C. 2044(f)(4),
‘‘permanent housing’’ is defined as
‘‘community-based housing without a
designated length of stay.’’ The term
‘‘permanent housing’’ is defined in
proposed § 62.2 consistent with the
statute, but clarifying language is
included in the proposed rule to explain
that under our interpretation of the
statute, permanent housing includes,
but is not limited to, a house or
apartment with a month-to-month or
annual lease term, or home ownership.
Permanent housing is not intended to
include certain types of institutional
housing that generally involve a
designated length of stay, such as
imprisonment or detainment pursuant
to Federal or State law, which are not
considered ‘‘community-based housing’’
under industry standards or common
parlance.
The proposed rule assigns a definition
to the phrase ‘‘occupying permanent
housing,’’ as set forth in proposed
§ 62.11(a).
‘‘Supportive services’’ are defined in
the proposed rule as outreach services,
as specified under proposed § 62.30;
case management services, as specified
under proposed § 62.31; assisting
participants to obtain VA benefits, as
specified under proposed § 62.32;
assisting participants in obtaining and
coordinating other public benefits, as
specified under proposed § 62.33; and
other services, as specified under
proposed § 62.34. This proposed
definition is derived from the
description of supportive services
provided in the Act (38 U.S.C. 2044(b)).
The proposed rule defines the term
‘‘participant’’ as those single veterans
and veteran families who qualify for and
are receiving supportive services from a
private non-profit organization or
consumer cooperative awarded a
supportive services grant.
The proposed rule defines the term
‘‘homeless’’ by restating the definition
from the Act (38 U.S.C. 2044(f)(3)),
which gives the term the same ‘‘meaning
given that term in section 103 of the
McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302).’’
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Definitions That Are Included To
Provide Clarity
The terms ‘‘applicant,’’ ‘‘emergency
supplies,’’ ‘‘grantee,’’ ‘‘Notice of Fund
Availability,’’ ‘‘subcontractor,’’
‘‘supportive services grant,’’ and
‘‘supportive services grant agreement’’
are included in the proposed rule to
provide clarity. The proposed
definitions are based on a plain
language understanding of those terms.
Definitions That Are Based Upon
Existing VA Regulations or Statutes
The terms ‘‘area or community,’’ ‘‘date
of completion,’’ ‘‘disallowed costs,’’
‘‘State,’’ ‘‘suspension,’’ ‘‘third party inkind contributions,’’ ‘‘VA,’’ ‘‘veteran,’’
and ‘‘withholding’’ are defined by VA in
the Homeless Providers Grant and Per
Diem Program (38 CFR 61.1); in VA’s
regulations regarding uniform
requirements for grants and agreements
with institutions of higher education,
hospitals, and other non-profit
organizations (38 CFR 49.2); or the
definitions in 38 U.S.C. 101. These
existing definitions are used in the
proposed rule because they are
understood by VA and its grantees,
which would simplify the
implementation of this new program.
Some of these existing definitions
would be modified for use in the SSVF
Program. For example, ‘‘area or
community’’ is broadened in the
proposed rule to include tribal
reservations, because the Act (38 U.S.C.
2044(a)(5)) requires the equitable
distribution of supportive services
grants across geographic regions,
including rural communities and tribal
lands. To specifically acknowledge the
proposed rule’s termination and
closeout provisions, the term ‘‘date of
completion’’ includes the date that a
supportive services grant is terminated.
62.10 Supportive Services Grants—
General
Under proposed § 62.10, at least 90
percent of supportive services grant
funds would need to be used by
grantees to provide and coordinate the
provision of supportive services to very
low-income veteran families occupying
permanent housing; a maximum of 10
percent of supportive services grant
funds could be used for administrative
costs identified in proposed § 62.70(e).
In accordance with the intent of the Act
(38 U.S.C. 2044) and VA’s goals for the
SSVF Program, VA proposes that the
vast majority of supportive services
grant funds (90 percent) be used to serve
very low-income veteran families
occupying permanent housing. VA
expects that 10 percent would be a
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reasonable maximum for administrative
costs associated with a supportive
services grant, and any additional funds
required by grantees for administration
should be provided by non-VA funds.
This percentage split (90/10) is based
upon VA’s past experience
administering similar programs and
VA’s goals for the SSVF Program.
62.11 Participants—Occupying
Permanent Housing
Proposed § 62.11 provides that a very
low-income veteran family will be
considered to be occupying permanent
housing, and thereby eligible to receive
supportive services from a grantee as a
participant subject to proposed § 62.35,
if such family meets the conditions of
any one of the three categories described
in proposed § 62.11(a)(1)–(3).
Consistent with the Act (38 U.S.C.
2044(b)(1)), proposed § 62.11(a)(1)
defines the first category of very lowincome families occupying permanent
housing as ‘‘residing in permanent
housing.’’
Consistent with the Act (38 U.S.C.
2044(b)(2)), proposed § 62.11(a)(2)
defines the second category of families
occupying permanent housing as being
homeless and scheduled to become a
resident of permanent housing within
90 days pending the location or
development of housing suitable for
permanent housing. Development of
permanent housing includes, but is not
limited to, the construction,
rehabilitation or modification of
permanent housing.
Consistent with the Act (38 U.S.C.
2044(b)(3)), proposed § 62.11(a)(3)
defines the third category of families
occupying permanent housing as having
exited permanent housing within the
previous 90 days and seeking other
housing that is responsive to the very
low-income veteran family’s needs and
preferences.
Proposed § 62.11(b) authorizes a
grantee to reclassify a participant’s
classification for occupying permanent
housing if the participant’s housing
changes while receiving supportive
services. The SSVF Program is designed
to ensure that very low-income veteran
families who are transitioning
(including, but not limited to,
transitioning from homelessness to
permanent housing and transitioning
between various classifications of
housing) maintain eligibility to receive
supportive services through the SSVF
Program. For example, if a very lowincome veteran family who is homeless
consistent with proposed § 62.11(a)(2)
moves into permanent housing, such
family would then be reclassified under
proposed § 62.11(a)(1). By reclassifying
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the participant under proposed
§ 62.11(a)(1), the participant would
remain eligible to receive supportive
services from a grantee, and the
limitations to which the participant was
subject when classified under proposed
§ 62.11(a)(2) would no longer apply.
Permitting participants to be reclassified
if their housing changes is consistent
with the purpose of the Act and the
SSVF Program’s focus on promoting
housing stability.
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62.20 Applications for Supportive
Services Grants
Proposed § 62.20(a) would require
applicants to submit a complete
supportive services grant application
package and identify the items that
would be included in such supportive
services grant application package. The
items listed are derived from the Act (38
U.S.C. 2044(c)) and the application
requirements prescribed for VA’s
Homeless Providers Grant and Per Diem
Program (38 CFR 61.11) and are
designed to ensure that VA can fully
evaluate the ability of applicants to
achieve the goals of the SSVF Program.
Proposed § 62.20(b) would authorize
grantees to submit an application for
renewal of a supportive services grant if
the grantee’s program will remain
substantially the same. By allowing
grantees to submit a supportive services
grant renewal application, grantees
would be able to efficiently seek
additional supportive services grant
funds for a subsequent period, subject to
the availability of VA funds, without a
lapse in the provision of supportive
services to participants.
Proposed § 62.60(c) would allow VA
to request other information or
documentation related to a supportive
services grant application in the event
that particular information not set forth
in the supportive services grant
application is needed for VA to fully
consider the applicant or grantee, as
applicable.
62.21 Threshold Requirements Prior to
Scoring Supportive Services Grant
Applicants
The Act (38 U.S.C. 2044(c)(3))
requires VA to establish criteria for the
selection of eligible entities to be
provided supportive services grants.
Proposed § 62.21 contains minimum
threshold requirements that each
applicant would be required to satisfy
before VA would score the applicant.
The threshold requirements are
intended to be an administrative
checklist with which applicants would
confirm compliance prior to submitting
a supportive services grant application.
For example, if an applicant is not an
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eligible entity, if the application is not
completed in all parts, or if the
applicant is in default by failing to meet
the requirements for any previous
Federal assistance, VA would not
process the application.
The threshold requirements in
proposed § 62.21 are consistent with the
threshold requirements in VA’s
Homeless Providers Grant and Per Diem
Program (38 CFR 61.12). In
administering that program, VA has
found that screening applications to
identify those that do not fulfill the
threshold requirements enables VA to
devote its resources to evaluating
qualified supportive services grant
applicants.
62.22 Scoring Criteria for Supportive
Services Grant Applicants
A limited amount of funds are
available for VA to distribute through
the SSVF Program. In accordance with
the Act (38 U.S.C. 2044(c)(3)) and
because the number of applicants may
exceed available funds or VA may have
more funds than qualified applicants,
VA has established scoring criteria for
awarding supportive services grants.
Utilization of the scoring criteria would
allow VA to distribute supportive
services grants consistent with
Congressional intent and VA’s goals for
the SSVF Program.
Proposed § 62.22 describes the scoring
criteria that VA proposes to use to score
applicants fulfilling the threshold
requirements. The scoring criteria are
derived from VA’s experience with
programs such as the Homeless
Providers Grant and Per Diem Program
(38 CFR 61.13) and the Loan Guarantee
for Multifamily Transitional Housing
Program (38 U.S.C. 2051 et seq.). The
proposed categories are weighted
according to their likelihood of
impacting a grantee’s successful
development and operation of a
supportive services grant program. For
example, the background, qualifications,
experience, and past performance
category is assigned the highest point
value because applicants, and any
identified subcontractors, with both
experience implementing similar
programs and strong staff qualifications
would be most likely to develop and
operate effective programs designed to
meet the needs of very low-income
veteran families and expend supportive
services grant funds in an effective and
efficient manner. In contrast, the area or
community linkages and relations
category is assigned 10 points. VA
assigns point value to this category
because VA recognizes the importance
of an applicant’s past working
relationships, local presence, and
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knowledge, and would reward
applicants that have established such
relationships or have such knowledge.
However, VA does not consider this
category to be as effective an indicator
of program success as the background,
qualifications, experience, and past
performance category. This is because, if
necessary, area or community linkages
can be developed over the course of
normal operations after the applicant is
awarded a supportive services grant.
When scoring applicants, VA
proposes to award points to applicants
who exceed the 10 percent cost sharing
requirement in proposed § 62.26, as
described in proposed § 62.22(d)(3). The
Notice of Fund Availability would state
the maximum percentage for which the
full amount of points for this criterion
would be awarded. For example, the
Notice of Fund Availability could state
that applicants matching a maximum 25
percent of the supportive services grant
amount would receive the maximum
amount of points for this criterion;
therefore, applicants matching 25
percent of the supportive services grant
amount would receive the same amount
of points for this criterion as applicants
matching 100 percent of the supportive
services grant amount. VA wishes to
reward those applicants demonstrating a
match higher than 10 percent of the
supportive services grant amount, but
VA also recognizes that applicants
would have varying amounts of
resources available for cash or in-kind
contributions.
62.23 Selecting Applicants To Receive
Supportive Services Grants
Proposed § 62.23 describes the
process VA proposes using to select
applicants for supportive services
grants. This process is similar to the
selection process VA uses in the
Homeless Providers Grant and Per Diem
Program (38 CFR 61.14), but also
includes a preference and an equitable
distribution requirement set forth in the
Act (38 U.S.C. 2044(a)(4) and 38 U.S.C.
2044(a)(5)).
VA would first group applicants by
funding priorities, if any such priorities
are set forth in the Notice of Fund
Availability. VA would then score
applicants using the criteria in proposed
§ 62.22 and rank applicants who receive
at least the minimum amount of total
points and points per category set forth
in the Notice of Fund Availability,
within their respective funding priority
group, if any. Applicants would be
ranked in order from highest to lowest
scores, within their respective funding
priority group, if any.
Although VA would use the
applicant’s ranking as the primary basis
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for selection, in accordance with the Act
(38 U.S.C. 2044(a)(4) and 38 U.S.C.
2044(a)(5)), VA would: (1) Give
preference to applicants that provide or
coordinate the provision of supportive
services for very low-income veteran
families transitioning from
homelessness to permanent housing,
and (2) ensure, to the extent practicable,
that the supportive services grants are
equitably distributed across geographic
regions, including rural communities
and tribal lands. The supportive
services grant application would require
applicants to identify the target
populations and the area or community
that the applicant proposes to serve. VA
would use this information in the
selection of grantees to ensure VA is
complying with the Act’s requirements
for distribution of supportive services
grants.
Subject to the preference and
equitable distribution requirement
described in proposed § 62.23(d), VA
would fund the highest-ranked
applicants for which funding is
available, within the highest funding
priority group, if any. Under proposed
§ 62.40, VA would be able to choose to
include funding priorities in the Notice
of Fund Availability in order to meet the
mandates of the Act (38 U.S.C. 2044)
and VA goals for the SSVF Program. If
funding priorities have been
established, to the extent funding is
available and subject to proposed
§ 62.23(d), VA would select applicants
in the next highest funding priority
group based on their rank within that
group.
62.24 Scoring Criteria for Grantees
Applying for Renewal of Supportive
Services Grants
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Proposed § 62.24 describes the criteria
VA would use to score grantees
applying for renewal of a supportive
services grant. Utilizing criteria specific
to renewal applications would help VA
more appropriately evaluate grantees
who are already operating programs.
Accordingly, as described in proposed
§ 62.24, VA would award points to a
grantee seeking renewal based upon the
grantee’s program’s success, costeffectiveness, and compliance with VA
goals and requirements.
62.25 Selecting Grantees for Renewal
of Supportive Services Grants
Proposed § 62.25 describes the
process VA proposes using to select
grantees applying for renewal of
supportive services grants. This is a
simplified version of the process used to
initially award supportive services
grants.
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In order to be considered for renewal,
proposed § 62.25(a) requires grantees to
continue to meet the threshold
requirements applicable to applicants in
proposed § 62.21. VA would score
grantees using the criteria in proposed
§ 62.24 and rank grantees who receive at
least the minimum amount of total
points and points per category set forth
in the Notice of Fund Availability. In
accordance with proposed § 62.25(c),
VA would fund the highest-ranked
grantees for which funding is available.
The amount of supportive services grant
funds awarded to a grantee would be
dependent upon the grantee’s request,
the availability of funds, and any
requirements described in the Notice of
Fund Availability.
62.26 Cost Sharing Requirement
Proposed § 62.26 requires grantees to
match a minimum of 10 percent of the
amount of VA-provided supportive
services grant funds with cash resources
or third party in-kind contributions
from non-VA sources. This requirement
is intended to demonstrate the grantee’s
commitment to the SSVF Program and
ensure continuity of program operations
and assistance to participants. After
reviewing comparable programs’ cost
sharing requirements and
acknowledging that grantees will have
varying amounts of resources, VA
determined that 10 percent would be an
appropriate cost sharing requirement.
62.30 Supportive Service: Outreach
Services
Proposed § 62.30 prescribes outreach
services, and it is the first of five
sections describing the types of
supportive services that grantees would
provide through the SSVF Program.
Outreach is critical to the success of the
SSVF Program. Outreach would help
ensure that supportive services are
provided to very low-income veteran
families occupying permanent housing
who are difficult to locate or serve, such
as those very low-income veteran
families who live in rural areas, who are
not already receiving VA benefits, or
who reside in permanent housing but
are at risk of losing such housing.
Working with local facilities and
agencies would help grantees assist
participants in obtaining benefits of
which the participants may not be
aware. In addition, contact with local
groups who serve veterans would help
grantees identify additional
participants.
62.31 Supportive Service: Case
Management Services
To effectively assist participants in
achieving housing stability, grantees
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would need to provide case
management services. Accordingly,
proposed § 62.31 includes a listing of
tasks to ensure that applicants, grantees,
and VA share the same understanding of
‘‘case management services.’’ The
proposed description of case
management services is based on the
definitions of case management services
provided in other Federal programs,
such as the Housing and Urban
Development–Veterans Affairs
Supported Housing (HUD–VASH)
Program, the Department of Housing
and Urban Development’s Congregate
Housing Services Program (24 CFR
700.105), and the Department of Health
and Human Services’ Medicare and
Medicaid Services Program (42 CFR
440.169).
62.32 Supportive Service: Assistance
in Obtaining VA Benefits
Grantees would provide an additional
means for VA to notify eligible veteran
families of available VA benefits.
Consequently, and in accordance with
the Act (38 U.S.C. 2044(b)(1)(C)),
proposed § 62.32 requires grantees to
assist participants to obtain any benefits
from VA for which the participants are
eligible. In light of 38 U.S.C. ch. 59, as
implemented in 38 CFR part 14, VA
does not interpret the Act to allow
grantees to represent veterans in benefit
claims before VA. Nor does VA interpret
the Act as requiring that grantees
become recognized organizations
pursuant to 38 U.S.C. 5902 or that their
employees or members become
accredited service organization
representatives, claims agents, or
attorneys. Rather, benefit claims
assistance by grantees may include
providing information about available
benefits and helping veterans locate a
recognized veterans service organization
or accredited individual and other
services short of actual representation
before VA, unless an individual
employee or agent of the grantee is
appropriately accredited pursuant to 38
CFR 14.629.
62.33 Supportive Service: Assistance
in Obtaining and Coordinating Other
Public Benefits
VA would expect grantees to
maximize the number of participants
who will be served. Grantees may be
able to directly provide many necessary
supportive services; however, in some
situations it would be more efficient for
grantees to provide a referral for
participants to obtain services provided
by another Federal, State, or local
agency or an eligible entity in the area
or community served by the grantee.
Accordingly, and in accordance with
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the Act (38 U.S.C. 2044(b)(1)(D)),
proposed § 62.33 requires grantees to
assist participants to obtain, and
coordinate the provision of, other public
benefits that are being provided by
Federal, State, local, or tribal agencies,
or any eligible entity in the area or
community served by the grantee.
Proposed § 62.33 lists each of the
examples of public benefits set forth in
the Act (38 U.S.C. 2044(b)(1)(D)) and
includes a definition for each listed
public benefit. Most of the proposed
definitions are derived from existing
Federal programs. The proposed
definitions are provided to ensure that
applicants and grantees share the same
understanding as VA of what constitutes
each of the listed public benefits.
The Act (38 U.S.C. 2044(b)(1)) broadly
defines supportive services as those
‘‘provided by an eligible entity or
subcontractor of an eligible entity that
address the needs of very low-income
veteran families occupying permanent
housing, including’’ services specified
under the Act (38 U.S.C. 2044(b)(1)(A)–
(D)). The use of ‘‘including’’ indicates
that the list of services which follows is
not intended to be exhaustive. Hence,
proposed § 62.33(d)(1)–(2) and proposed
§ 62.33(h)(2) permit direct payments
from grantees for transportation and
child care needs. VA has defined such
payments as supportive services
necessary to address the needs of very
low-income veteran families occupying
permanent housing. VA recognizes that
the availability of adequate
transportation and child care are
important for obtaining and maintaining
employment, and, therefore, housing
stability. Accordingly, under proposed
§ 62.33(d), grantees are authorized to
provide temporary transportation
services to participants if the grantee
determines such assistance is necessary.
Public transportation is generally less
expensive than maintenance of private
vehicles and may be more sustainable
by both grantees and participants on a
long-term basis. Consequently, the
preferred method of providing
transportation services under a
supportive services grant would be the
provision of tokens, vouchers, or other
appropriate instruments to participants
for use on public transportation.
However, if an applicant determines
that public transportation options are
not sufficient within the area or
community to be served, such as in a
rural community, in the applicant’s
supportive services grant application,
the applicant would be able to include
costs related to the applicant’s lease of
vehicle(s) for the purpose of providing
transportation services to participants.
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Proposed § 62.33(h) authorizes
grantees to make payments on behalf of
a participant to a State-licensed facility
providing child care services. Because
the grantee’s payment for child care
services is intended to be temporary,
prior to making child care payments on
behalf of a participant, under the
proposed rule, the grantee must help the
participant develop a reasonable plan to
address the participant’s future ability
to pay for child care services and assist
the participant to implement such plan.
If this plan cannot reasonably be
developed, the proposed rule provides
that supportive services grant funds
should not be expended on behalf of a
participant for child care services and
other options should be considered by
the grantee and the participant. In
accordance with the purpose of the
SSVF Program, grantees would be
limited to providing payments for child
care services with supportive services
grant funds for a maximum of 2 months
in a calendar year. The 2-month
limitation is designed to prevent child
care services from consuming a
disproportionate amount of supportive
services grant funds. Grantees should
provide participants with information
on other available programs if long-term
child care assistance is needed.
62.34 Other Supportive Services
The Act (38 U.S.C. 2044(b)(1)) broadly
defines supportive services as those
‘‘provided by an eligible entity or
subcontractor of an eligible entity that
address the needs of very low-income
veteran families occupying permanent
housing, including’’ services specified
under the Act (38 U.S.C. 2044(b)(1)(A)–
(D)). The use of ‘‘including’’ indicates
that the list of services which follows is
not intended to be exhaustive. Hence,
proposed § 62.34 defines the payment of
temporary financial assistance in certain
instances as a supportive service that
VA has determined is necessary to
address the needs of very low-income
veteran families occupying permanent
housing.
To prevent imminent homelessness or
assist currently homeless very lowincome veteran families who are
scheduled to become residents of
permanent housing within 90 days
pending the location or development of
suitable permanent housing, it may be
necessary in certain circumstances for
the grantee to assist the participant in
paying certain expenses. Accordingly,
VA proposes classifying the following as
a supportive service: Temporary
financial assistance paid directly to a
third party on behalf of a participant for
rental payments, penalties, or fees;
utility payments; security deposits;
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utility deposits; moving costs; and
emergency supplies.
For example, repeated failure to pay
rent often leads to eviction, leaving a
veteran family to contend with
homelessness in addition to the initial
lack of needed resources. A grantee’s
provision of temporary financial
assistance for rent, as provided in
proposed § 62.34, may be necessary to
stabilize and maintain the participant’s
occupancy in permanent housing while
the participant locates other resources
that will help achieve housing stability
on a long-term basis. Similarly for the
reasons discussed in connection with
proposed § 62.33, it may be necessary
for a grantee to provide temporary
assistance for transportation services or
child care to maintain a participant’s
occupancy in permanent housing.
Grantees would be able to provide
this type of temporary financial
assistance if the grantee can reasonably
determine that the payment by the
grantee for the item requested would
help the participant remain in
permanent housing or obtain permanent
housing as scheduled; if this
determination cannot be reached, the
grantee would assist the participant to
obtain other types of available
assistance.
Similar to the child care payments
discussed above, as a condition of the
grantee’s provision of temporary
financial assistance for rental or utility
fee payments, rental or utility deposits,
and moving costs, the proposed rule
requires the grantee to help the
participant develop and implement a
plan to address the participant’s future
housing stability. This requirement
would limit the expenditure of
supportive services grant funds to
situations where the outcome would be
housing stability for the participant.
To the extent that proposed § 62.34
authorizes the provision of temporary
financial assistance on behalf of a
participant, it is generally on a
temporary or infrequent basis. The
proposed rule includes time restrictions
for the provision of temporary financial
assistance because the SSVF Program is
not a long-term financial assistance
program; instead, if a participant needs
long-term financial assistance, the
grantee would have a duty to connect
the participant with other programs
providing such assistance. For example,
rental assistance is limited to 4 months
during a 3-year period, and moving
costs may only be paid once in 3 years.
Proposed § 62.34 contains additional
restrictions. For example, with respect
to temporary rental payments described
in proposed § 62.34(a), rent payments
would need to meet a ‘‘rent
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reasonableness’’ standard, which is
similar to the standard used by the
Department of Housing and Urban
Development in certain programs.
Similarly, rental assistance in the form
of payment of penalties or fees would
need to be reasonable and required to be
paid by the participant under an
existing lease or court order. Further,
grantees cannot provide temporary
financial assistance on behalf of a
participant for the same period of time
and for the same cost types that are
being provided through another Federal,
State or local program. A restriction on
the provision of ‘‘emergency supplies’’ is
provided in the proposed rule to ensure
that grantees understand that such
assistance is intended to assist in the
case of a temporary emergency where
supplies are necessary for the
participant’s life or safety, and is not
intended to permit regular or ongoing
aid.
Under proposed § 62.34(f), VA may
identify additional services in future
Notices of Fund Availability, and
grantees may request VA’s approval to
provide a supportive service that is not
listed in the proposed rule or future
Notices of Fund Availability.
62.35 Limitations on and
Continuations of the Provision of
Supportive Services to Certain
Participants
Proposed § 62.35 discusses the
provision of supportive services to
certain categories of participants (as
described in proposed §§ 62.11(a)(2) and
62.11(a)(3)) and would authorize the
continuation of supportive services to a
veteran’s family member(s) in the event
of absence or death of the veteran.
The Act (38 U.S.C. 2044(b)(2))
authorizes the provision of supportive
services to a participant who is
‘‘homeless and scheduled to become a
resident of permanent housing within
90 days pending the location or
development of housing suitable for
permanent housing.’’ VA recognizes that
a participant scheduled to move into
permanent housing may encounter
unexpected delays, such as delays
relating to construction, housing
application processing, or other
circumstances beyond the participant’s
control. The proposed rule would not
require a grantee to stop providing
supportive services to a participant in
the event the participant does not
become a resident of permanent housing
within the original 90-day period. In
such instances, proposed § 62.35(a)
authorizes the grantee to continue
providing supportive services to the
participant beyond the original 90-day
period under proposed § 62.11(a)(2) so
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long as the participant continues to
meet the conditions of proposed
§ 62.11(a)(2) by being homeless and
scheduled to become a resident of
permanent housing within 90 days. This
approach is consistent with the SSVF
Program’s goal of assisting participants
to achieve housing stability and the
Act’s (38 U.S.C. 2044(a)(4)) requirement
for VA to preference entities serving
very low-income veteran families
transitioning from homelessness to
permanent housing.
In accordance with the Act (38 U.S.C.
2044(b)(3)), proposed § 62.35(b)(1)
limits the provision of supportive
services to participants classified under
proposed § 62.11(a)(3) until the earlier
of (a) the participant’s commencement
of other housing services adequate to
meet the participant’s needs, or (b) 90
days from the date the participant exits
permanent housing. In accordance with
the Act (38 U.S.C. 2044(b)(3)), proposed
§ 62.35(b)(2) requires that all supportive
services provided to participants
classified under proposed § 62.11(a)(3)
be designed to support such families in
their choice to transition into housing
that is responsive to their individual
needs and preferences.
Since the SSVF Program serves both
veterans and their families, consistent
with the purposes of the Act, proposed
§ 62.35(c) requires grantees to establish
a reasonable grace period during which
a veteran’s family member(s) may
continue to receive supportive services
if the veteran becomes absent from the
household or dies. This grace period
would allow the veteran’s family
member(s) to continue receiving
supportive services for a maximum of 1
year from the date of the absence or
death of the veteran, subject to the
requirements of proposed § 62.35(a) and
(b). Participants could be harmed by the
sudden withdrawal of supportive
services at a time when the participant
may most need such supportive
services. The grace period would allow
the grantee discretion in establishing the
duration of the grace period because the
grantee would be most familiar with the
participant’s individualized needs.
If a participant becomes ineligible to
receive supportive services for any of
the reasons described in proposed
§ 62.35, proposed § 62.35(d) requires the
grantee to provide the participant with
information on other available programs
or resources.
62.36 General Operation Requirements
To ensure that grantees are expending
supportive services grant funds on
eligible participants, proposed § 62.36(a)
requires grantees to certify the eligibility
of each participant for supportive
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services and classify the participant
under one of the categories set forth in
proposed § 62.11(a). This certification
and classification must occur at least
once every 3 months. In addition,
grantees would be required to maintain
the confidentiality of records kept on
participants, as required by proposed
§ 62.36(b). Pursuant to proposed
§ 62.36(c), grantees would be required to
notify participants of satisfaction
surveys at certain times in order to
assist VA to evaluate grantees’
performance and participants’
satisfaction with the supportive services
they receive. To encourage grantees to
leverage other financial resources to
ensure continuity of program operations
and assistance to participants, proposed
§ 62.36(d) requires grantees to regularly
assess how supportive services grant
funds can be used in conjunction with
other available funds and services.
62.37 Fee Prohibition
In accordance with the intent the Act,
VA proposes that all very low-income
veteran families be eligible to receive
supportive services under the SSVF
Program, regardless of whether such
very low-income veteran family is able
to pay for such services. Accordingly,
proposed § 62.37 prohibits grantees
from charging a fee to very low-income
veteran families for providing
supportive services that are funded with
amounts from a supportive services
grant or cost-sharing funds. However, as
described in proposed §§ 62.33(h) and
62.34, grantees would be permitted to
require a participant to share in the cost
of any rental or utility fee payment,
rental or utility deposits, moving costs,
or child care costs which would be paid
by the grantee on behalf of the
participant.
62.40 Notice of Fund Availability
Similar to the existing process in VA’s
Homeless Providers Grant and Per Diem
Program (38 CFR 61.60), in order to
notify the public when funds are
available for supportive services grants,
in accordance with proposed § 62.40,
VA would publish a Notice of Fund
Availability in the Federal Register
identifying such items as the location
for obtaining supportive services grant
application packages; the date, time,
and place for submitting completed
supportive services grant applications;
the estimated amount and type of
funding available, such as the amount of
funds available for initial and renewal
supportive services grants; the length of
term for supportive services grant
payments; and other information
necessary for the supportive services
grant application process as determined
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by VA. The Notice of Fund Availability
may require applicants to submit
evidence of financial responsibility,
such as financial statements and an
Internal Revenue Service certification,
and VA would use this information to
confirm that applicants are financially
responsible to receive funds under the
SSVF Program.
In addition, under the proposed rule,
the Notice of Fund Availability may
include a minimum number of total
points and points per category that an
applicant or grantee, as applicable, must
receive in order for a supportive
services grant to be funded in order to
provide a minimal baseline which
applicants or grantees, as applicable,
must meet. Under the proposed rule, VA
would be able to choose to include
funding priorities in the Notice of Fund
Availability in order to meet the
mandates of the Act (38 U.S.C. 2044)
and VA goals for the SSVF Program. For
example, VA may decide to award a
certain amount of available supportive
services grant funds to applicants in
certain areas or communities in order to
fulfill the Act’s requirement to equitably
distribute supportive services grants
across geographical regions (38 U.S.C.
2044(a)(5)). VA may limit the amount of
supportive services grant funds for
specific supportive services in the
Notice of Fund Availability to ensure
that grantees do not expend funds in a
manner inconsistent with VA’s goals for
the SSVF Program. For example, the
Notice of Fund Availability may
prohibit a grantee from using more than
10 percent of the supportive services
grant funds for temporary financial
assistance; this requirement would
ensure that the grantee has sufficient
funds to provide the other required
supportive services. Whether VA
continues to fund any particular grantee
from one year to the next will depend
upon the priorities announced in the
Notice of Fund Availability. For
example, VA may decide to award a
certain amount of available supportive
services grant funds to renewal
applicants.
VA would also plan to notify
interested parties of the availability of
supportive services grant funds on the
appropriate VA Web site.
62.50 Supportive Services Grant
Agreements
Upon selection, proposed § 62.50
requires the applicant or grantee, as
applicable, to execute a supportive
services grant agreement with VA
confirming compliance with all
requirements of the proposed rule and
other terms and conditions required by
VA. The supportive services grant
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agreement would be enforceable against
the grantee, which would provide VA
with assurance that the grantee would
use the supportive services grant funds
in the manner described in the
supportive services grant application
and in accordance with the
requirements of the proposed rule.
62.51 Payments Under the Supportive
Services Grant
The Act (38 U.S.C. 2044(a)(3)(B))
authorizes VA to establish intervals of
payment for the administration of
supportive services grants and establish
a maximum amount to be awarded, in
accordance with the supportive services
being provided and their duration.
Proposed § 62.51 notifies grantees that
information regarding the timeframe
and manner of payment of supportive
services grants would be described in
the Notice of Fund Availability.
Including these requirements in the
Notices of Fund Availability allows VA
flexibility to determine the appropriate
time and manner of payment of
supportive services grants during each
funding cycle.
62.60 Program or Budget Changes and
Corrective Action Plans
Proposed § 62.60(a), which is derived
from VA’s Homeless Providers Grant
and Per Diem Program (38 CFR 61.62),
would require grantees to receive prior
approval from VA in the form of an
amendment to the supportive services
grant agreement before any significant
change to the grantee’s program is
implemented. Examples of significant
changes would include: A change in the
grantee or any subcontractors identified
in the supportive services grant
agreement, a change in the area or
community served by the grantee,
additions or deletions of supportive
services provided by the grantee, a
change in the category of participants to
be served, and a change in budget line
items that are more than 10 percent of
the total supportive services grant
award. The grantee would be obligated
to implement the agreed upon program
until such time, if any, that VA consents
to a significant change.
The Act (38 U.S.C. 2044(a)(7)) permits
VA to require grantees to submit a
report that describes the projects carried
out using supportive services grant
funds. Proposed § 62.60(b) provides that
if, on a quarterly basis, actual
supportive services grant expenditures
vary from the amount disbursed to a
grantee for that same quarter or actual
supportive services vary from the
grantee’s program description provided
in the supportive services grant
agreement, VA may require the grantee
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to submit a corrective action plan to
demonstrate how the grantee would
adjust to meet the requirements of the
supportive services grant agreement in
accordance with proposed § 62.60(b).
The corrective action plan would
explain how a grantee would adjust its
behavior in order to comply with the
requirements of the supportive services
grant agreement, and the correction may
involve an amendment as described
under proposed § 62.60(a).
The requirements in proposed § 62.60
would help VA maintain control over
the quality of the supportive services
provided by grantees and ensure that
supportive services grant funds are not
misused.
62.61 Procedural Error
Similar to the existing process in VA’s
Homeless Providers Grant and Per Diem
Program (38 CFR 61.63), proposed
§ 62.61 would authorize VA to select an
applicant for available funding, based
on the applicant’s previously submitted
application, if that applicant is not
selected because of VA’s procedural
error. This is intended to ease the
administrative burden on applicants
and, under the proposed rule, may be
used in situations where there is no
material change in the application that
would have resulted in the applicant’s
selection.
62.62 Religious Organizations
Proposed § 62.62, which describes
that religious or faith-based
organizations are eligible for supportive
services grants and contains certain
conditions on the use of supportive
services grant funds as it relates to
religious activities, is similar to the
language used in the regulations for
VA’s Homeless Providers Grant and Per
Diem Program (38 CFR 61.64). This
language is included in the proposed
rule because VA expects that religious
or faith-based organizations may apply
for supportive services grants.
62.63 Visits To Monitor Operations
and Compliance
Proposed § 62.63 provides VA with
the right, at all reasonable times, to
make visits to all grantee locations
where a grantee is using supportive
services grant funds in order to review
grantee accomplishments and
management control systems and to
provide such technical assistance as
may be required. VA may also conduct
inspections of all program locations and
records of a grantee at such times as are
deemed necessary to determine
compliance with the provisions of this
part. In the event that a grantee delivers
services in a participant’s home, or at a
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clearly mark information that is
confidential to individual participants.
VA may post portions of the reports on
the Internet so that the public has a
greater understanding of the SSVF
Program. In addition, VA may use the
information for promotional or
evaluation purposes.
62.70 Financial Management and
Administrative Costs
Proposed § 62.70 requires grantees to
comply with applicable Office of
Management and Budget requirements
and VA’s standards for financial
management for grants and agreements
with institutions of higher education,
hospitals, and other non-profit
organizations (38 CFR 49.21). This
provision is included in the proposed
rule to ensure grantees are aware of
additional requirements with which
they must comply.
Proposed § 62.70(e) requires that costs
for administration by a grantee do not
exceed 10 percent of the total amount of
a supportive services grant, which, as
explained above in the discussion
regarding proposed § 62.10, VA has
determined to be reasonable and
consistent with the purpose of the SSVF
Program. This requirement would
ensure that the vast majority of
supportive services grant funds (90
percent) are used to provide supportive
services to participants, which is the
purpose of the SSVF Program.
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location away from the grantee’s place
of business, VA may accompany the
grantee. If the grantee’s visit is to the
participant’s home, VA will only
accompany the grantee with the consent
of the participant. These provisions are
critical for VA oversight over supportive
services grants.
62.72 Recordkeeping
Proposed § 62.72 requires grantees to
keep records, and maintain such records
for at least a 3 year period, to document
compliance with the SSVF Program
requirements. Under the proposed rule,
grantees would need to produce these
records at VA’s request. This would
assist VA in providing oversight over
grantees. In addition, this proposed rule
would help VA comply with the Act,
which requires VA to study the
effectiveness of the program. Public Law
110–387, section 604(c).
62.71 Grantee Reporting Requirements
The Act (38 U.S.C. 2044(a)(7)) permits
VA to require grantees to submit a
report that describes projects carried out
using supportive services grant funds.
To obtain the information VA deems
necessary to analyze and monitor a
grantee’s performance, proposed § 62.71
contains reporting requirements for
grantees to provide information (in such
form as may be prescribed by VA) as VA
determines necessary to carry out the
SSVF Program. Under the proposed
rule, grantees must report, on a
quarterly basis, any instances when
actual supportive services grant
expenditures vary from the amount
disbursed to a grantee for that same
quarter or actual supportive services
grant activities vary from the grantee’s
program description provided in the
supportive services grant agreement;
this information may lead VA to require
a corrective action plan, as described
under proposed § 62.60(b).
Proposed § 62.71(f) requires grantees
to provide VA with consent to post
information from reports on the Internet
and use such information in other ways
deemed appropriate by VA. Under the
proposed rule, grantees are required to
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62.73 Technical Assistance
Under the Act (38 U.S.C. 2044(d)),
proposed § 62.73 explains that VA
would provide technical assistance, as
necessary, to eligible entities to meet the
requirements of the proposed rule. The
technical assistance may consist of
activities related to the planning,
development, and provision of
supportive services to very low-income
veteran families occupying permanent
housing.
In addition to other forms of technical
assistance that would be provided, VA
will develop a program guide to be used
by applicants, grantees, VA staff
members, and other interested third
parties to assist with understanding and
implementing the SSVF Program.
62.80 Withholding, Suspension,
Deobligation, Termination, and
Recovery of Funds By VA
In accordance with proposed § 62.80,
VA may recover from grantees any
funds that are not used in accordance
with the SSVF Program requirements. In
addition, the proposed rule provides
that if a grantee fails to comply with
these requirements, upon 7 days notice
to the grantee, VA may withhold further
payment, suspend the supportive
services grant, or prohibit the grantee
from incurring additional obligations of
supportive services grant funds.
Proposed § 62.80(c)(1)–(3) provides that
VA may terminate a supportive services
grant in whole or in part only if the
grantee: (1) Materially fails to comply
with the terms and conditions of a
supportive services grant award or the
proposed rule; (2) consents to a
termination; or (3) sends written
notification setting forth the reasons for
termination, the effective date, and in
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Sfmt 4702
the case of partial termination, the
portion to be terminated. In the event
VA determines a grantee’s requested
partial termination would not
accomplish the purposes of the
supportive services grant, the proposed
rule would permit VA to terminate the
supportive services grant under
proposed § 62.80(c)(1) or § 62.80(c)(2).
The proposed rule provides that VA
may deobligate all or a portion of the
amounts approved for use by a grantee
if, in accordance with proposed
§ 62.80(d), (1) the activity for which
funding was approved is not provided
in accordance with the approved
application and the SSVF Program
requirements, (2) such amounts have
not been expended within 1 year from
the date the supportive services grant
agreement was signed, or (3) other
circumstances set forth in the
supportive services grant agreement
authorize or require such deobligation.
Under the proposed rule, VA may
advertise in a Notice of Fund
Availability the availability of funds
that have been deobligated or may
award deobligated funds to applicants
who have previously submitted
applications in response to the most
recently published Notice of Fund
Availability.
The requirements in proposed § 62.80
would help VA ensure that grant funds
are used appropriately. Similar
requirements are used in VA’s Homeless
Providers Grant and Per Diem Program
(38 CFR 61.67) and VA’s regulations
regarding uniform requirements for
grants and agreements with institutions
of higher education, hospitals, and other
non-profit organizations (38 CFR 49.61
and 38 CFR 49.62), and VA has found
that they are adequate to safeguard, and
maximize optimal use of, grant funds.
62.81 Supportive Services Grant
Closeout Procedures
Proposed § 62.81 contains closeout
procedures for a supportive services
grant which are similar to the
procedures established in VA’s
regulations regarding uniform
requirements for grants and agreements
with institutions of higher education,
hospitals, and other non-profit
organizations (38 CFR 49.71). No later
than 90 days after the date of
completion of a supportive services
grant, the proposed rule provides that
the grantee must refund to VA any
unobligated balance of supportive
services grant funds the grantee is not
authorized to retain and submit all
financial, performance and other reports
as required by VA to closeout the
supportive services grant. VA would
retain the right to recover appropriate
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amounts from grantees if final audits are
completed after the date of completion.
Paperwork Reduction Act
This proposed rule includes
provisions constituting collections of
information under the Paperwork
Reduction Act (44 U.S.C. 3501–3521)
that require approval by the Office of
Management and Budget (OMB).
Accordingly, under section 3507(d) of
the Act, VA has submitted a copy of this
rulemaking to OMB for review. OMB
assigns control numbers to collections
of information it approves. Except for
emergency approvals under 44 U.S.C.
3507(j), VA may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The proposed rule at proposed
§§ 62.20, 62.36(c), 62.60, and 62.71
contains collections of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521). Accordingly, under
section 3507(d) of the Act, VA has
submitted a copy of this rulemaking
action to OMB for its review of the
collections of information. VA has
requested OMB to approve the
collection of information on an
emergency basis by June 4, 2010. This
date is consistent with the shortened
comment period for comments on the
proposed rule and will help avoid a
delay in implementation of the SSVF
Program. The increased services and
funding provided by the SSVF Program
are critical to both achieve VA’s goal of
eliminating veteran homelessness and
meet the Congressional mandates for
this program. In addition, because the
SSVF program would also support VA’s
homelessness prevention efforts, a delay
in funding disbursement may even lead
to an increase in homelessness among
very low-income veteran families.
Therefore, the need to take action is
particularly great for those veterans and
their families who would benefit from
the increased supportive services
funded by the SSVF Program. If OMB
does not approve the collections of
information as requested, VA will
immediately remove the provisions
containing a collection of information or
take such other action as is directed by
OMB.
Comments on the collections of
information contained in this proposed
rule should be submitted to the Office
of Management and Budget, Attention:
Desk Officer for the Department of
Veterans Affairs, Office of Information
and Regulatory Affairs, Washington, DC
20503, with copies sent by mail or hand
delivery to: The Director, Office of
Regulation Policy and Management
(02REG), Department of Veterans
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Affairs, 810 Vermont Ave, NW., Room
1068, Washington, DC 20420; fax to
(202) 273–9026; or through https://
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AN53.’’
Because VA has requested OMB to
approve the collections of information
on an emergency basis, a comment to
OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication.
VA considers comments by the public
on proposed collections of information
in—
• Evaluating whether the proposed
collections of information are necessary
for the proper performance of the
functions of VA, including whether the
information will have practical utility;
• Evaluating the accuracy of VA’s
estimate of the burden of the proposed
collections of information, including the
validity of the methodology and
assumptions used;
• Enhancing the quality, usefulness,
and clarity of the information to be
collected; and
• Minimizing the burden of the
collections of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The proposed amendments to title 38,
CFR chapter I contain collections of
information under the Paperwork
Reduction Act for which we are
requesting approval by OMB. These
collections of information are described
immediately following this paragraph,
under their respective titles.
Title: Supportive Services for Veteran
Families Program.
Summary of collection of information:
The proposed rule at proposed § 62.20
contains application provisions for
supportive services grants. The
proposed rule at proposed § 62.36(c)
contains a reference to participant
satisfaction surveys. The proposed rule
at proposed § 62.60 contains provisions
for program or budget changes and
submission of corrective action plans.
The proposed rule at proposed § 62.71
contains requirements for compliance
reports.
Application Provisions for SSVF
Program
Description of the need for
information and proposed use of
information: This information is needed
to award supportive services grants to
eligible entities.
Description of likely respondents:
Non-profit private organizations and
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Fmt 4702
Sfmt 4702
24523
consumer cooperatives requesting a
supportive service grant.
Estimated number of respondents per
year: 100.
Estimated frequency of responses per
year: 1.
Estimated total annual reporting and
recordkeeping burden: 3,500 hours.
Estimated annual burden per
collection: 35 hours.
Supportive Services Grant Renewal
Applications for SSVF Program
Description of the need for
information and proposed use of
information: This information is needed
to renew supportive services grants
previously awarded.
Description of likely respondents:
Entities who have received supportive
services grants.
Estimated number of respondents per
year: 30.
Estimated frequency of responses per
year: 1.
Estimated total annual reporting and
recordkeeping burden: 300 hours.
Estimated annual burden per
collection: 10 hours.
Participant Satisfaction Surveys
Description of the need for
information and proposed use of
information: This information is needed
for VA to evaluate grantees’
performance and participants’
satisfaction with the supportive services
they receive.
Description of likely respondents:
Very low-income veteran families
occupying permanent housing that are
receiving supportive services from a
grantee.
Estimated number of respondents per
year: 11,250.
Estimated frequency of responses per
year: 2.
Estimated total annual reporting and
recordkeeping burden: 5,625 hours.
Estimated annual burden per
collection: 15 minutes.
Program or Budget Changes and
Corrective Action Plans
Description of the need for
information and proposed use of
information: This information is needed
in order for a grantee to inform VA of
significant changes that will alter a
supportive services grant program
approved by VA. In addition, VA may
require grantees to initiate, develop and
submit to VA for approval corrective
action plans if, on a quarterly basis,
actual supportive services grant
expenditures vary from the amount
disbursed to a grantee for that same
quarter or actual supportive services
grant activities vary from the grantee’s
program description provided in the
supportive services grant agreement.
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Proposed Rules
Description of likely respondents:
entities receiving supportive services
grants who desire to change their
approved supportive services grant
program.
Estimated number of respondents per
year: 10.
Estimated frequency of responses per
year: 1.
Estimated total annual reporting and
recordkeeping burden: 20 hours.
Estimated annual burden per
collection: 2 hours.
Compliance reports for SSVF Program
Description of the need for
information and proposed use of
information: This information is needed
to determine compliance with the
requirements for a supportive services
grant.
Description of likely respondents:
entities receiving supportive services
grants.
Estimated number of respondents per
year: 30.
Estimated frequency of responses per
year: 4.
Estimated total annual reporting and
recordkeeping burden: 270 hours.
Estimated annual burden per
collection: 2.25 hours.
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Comment Period
Although under the rulemaking
guidelines in Executive Order 12866,
VA ordinarily provides a 60-day
comment period, the Secretary has
determined that there is good cause to
limit the public comment period on this
proposed rule to 30 days. This proposed
rule is necessary to implement section
604 of Public Law 110–387, the
Veterans’ Mental Health and Other Care
Improvements Act of 2008, which
authorizes VA to award grants to
eligible entities to provide and
coordinate the supportive services
described in 38 U.S.C. 2044(b) for very
low-income veteran families occupying
permanent housing. These increased
services and funding are critical to both
achieve VA’s goal of eliminating veteran
homelessness and meet the
Congressional mandates for this
program. In addition, because the SSVF
program would also support VA’s
homelessness prevention efforts, a delay
in funding disbursement may even lead
to an increase in homelessness among
very low-income veteran families.
Therefore, the need to take action is
particularly great for those veterans and
their families who would benefit from
the increased supportive services
funded by the SSVF Program.
Accordingly, the Secretary has provided
a 30-day comment period for this
proposed rule.
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Executive Order 12866
Unfunded Mandates
Executive Order 12866 directs
agencies to assess all 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, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
OMB unless OMB waives such a review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more, or adversely affect in
a material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action planned or
taken by another agency; (3) materially
alter the budgetary impact of
entitlements, grants, user fees or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency, economic,
legal, and policy implications of this
proposed rule have been examined and
it has been determined to be a
significant regulatory action under
Executive Order 12866 because it may
result in a rule that raises novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The Unfunded Mandates Reform Act
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 an expenditure
by State, local, or tribal governments, in
the aggregate, or by the private sector of
$100 million or more (adjusted annually
for inflation) in any one year. This
proposed rule would have no such
effect on State, local, or tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
Program
There is no Catalog of Federal
Domestic Assistance program number
and title for the program in this
proposal.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document 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. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on January 26, 2010, for
publication.
List of Subjects in 38 CFR Part 62
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would 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 et seq. This
proposed rule would 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. To the extent this
proposed rule would have any impact
on small entities, it would not have an
impact on a substantial number of small
entities. Therefore, pursuant to 5 U.S.C.
605(b), this proposed rule is exempt
from the initial and final regulatory
flexibility analysis requirement of
sections 603 and 604.
Administrative practice and
procedure, Day care, Disability benefits,
Government contracts, Grant programshealth, Grant programs-social services,
Grant programs-transportation, Grant
programs-veterans, Grants-housing and
community development, Health care,
Homeless, Housing, Housing assistance
payments, Indians-lands, Individuals
with disabilities, Low and moderate
income housing, Manpower training
program, Medicare, Medicaid, 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, Veterans.
Dated: April 29, 2010.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel.
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For the reasons stated in the
preamble, VA proposes to amend 38
CFR chapter I to add a new part 62 to
read as follows:
PART 62—SUPPORTIVE SERVICES
FOR VETERAN FAMILIES PROGRAM
Sec.
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62.1 Purpose.
62.2 Definitions.
62.10 Supportive services grants—general.
62.11 Participants—occupying permanent
housing.
62.20 Applications for supportive services
grants.
62.21 Threshold requirements prior to
scoring supportive services grant
applicants.
62.22 Scoring criteria for supportive
services grant applicants.
62.23 Selecting applicants to receive
supportive services grants.
62.24 Scoring criteria for grantees applying
for renewal of supportive services grants.
62.25 Selecting grantees for renewal of
supportive services grants.
62.26 Cost sharing requirement.
62.30 Supportive service: outreach services.
62.31 Supportive service: case management
services.
62.32 Supportive service: assistance in
obtaining VA benefits.
62.33 Supportive service: assistance in
obtaining and coordinating other public
benefits.
62.34 Other supportive services.
62.35 Limitations on and continuations of
the provision of supportive services to
certain participants.
62.36 General operation requirements.
62.37 Fee prohibition.
62.40 Notice of Fund Availability.
62.50 Supportive services grant agreements.
62.51 Payments under the supportive
services grant.
62.60 Program or budget changes and
corrective action plans.
62.61 Procedural error.
62.62 Religious organizations.
62.63 Visits to monitor operations and
compliance.
62.70 Financial management and
administrative costs.
62.71 Grantee reporting requirements.
62.72 Recordkeeping.
62.73 Technical assistance.
62.80 Withholding, suspension,
deobligation, termination, and recovery
of funds by VA.
62.81 Supportive services grant closeout
procedures.
Authority: 38 U.S.C. 501, 2044, and as
noted in specific sections
§ 62.1
Purpose.
This part implements the Supportive
Services for Veteran Families Program,
which provides supportive services
grants to eligible entities to facilitate the
provision of supportive services to very
low-income veteran families who are
occupying permanent housing.
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(Authority: 38 U.S.C. 501, 2044)
§ 62.2
Definitions.
For purposes of this part and any
Notice of Fund Availability issued
under this part:
Applicant means an eligible entity
that submits an application for a
supportive services grant announced in
a Notice of Fund Availability.
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Area or community means a political
subdivision or contiguous political
subdivisions (such as a precinct, ward,
borough, city, county, State,
Congressional district or tribal
reservation) with an identifiable
population of very low-income veteran
families.
Consumer cooperative has the
meaning given such term in section 202
of the Housing Act of 1959 (12 U.S.C.
1701q).
Date of completion means the earliest
of the following dates:
(1) The date on which all required
work is completed;
(2) The date specified in the
supportive services grant agreement, or
any supplement or amendment thereto;
or
(3) The effective date of a supportive
services grant termination under
§ 62.80(c).
Disallowed costs means costs charged
by a grantee that VA determines to be
unallowable based on applicable
Federal cost principles, or based on this
part or the supportive services grant
agreement.
Eligible entity means a:
(1) Private non-profit organization, or
(2) Consumer cooperative.
Emergency supplies means items
necessary for a participant’s life or
safety that are provided to the
participant by a grantee on a temporary
basis in order to address the
participant’s emergency situation.
Grantee means an eligible entity that
is awarded a supportive services grant
under this part.
Homeless has the meaning given that
term in section 103 of the McKinneyVento Homeless Assistance Act (42
U.S.C. 11302).
Notice of Fund Availability means a
Notice of Fund Availability published
in the Federal Register in accordance
with § 62.40.
Occupying permanent housing means
meeting any of the conditions set forth
in § 62.11(a).
Participant means a very low-income
veteran family occupying permanent
housing who is receiving supportive
services from a grantee.
Permanent housing means
community-based housing without a
designated length of stay. 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.
Private non-profit organization means
any of the following:
(1) An incorporated private institution
or foundation that:
(i) Has no part of the net earnings that
inure to the benefit of any member,
founder, contributor, or individual;
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24525
(ii) Has a governing board that is
responsible for the operation of the
supportive services provided under this
part; and
(iii) Is approved by VA as to financial
responsibility.
(2) A for-profit limited partnership,
the sole general partner of which is an
organization meeting the requirements
of paragraphs (1)(i), (ii) and (iii) of this
definition.
(3) A corporation wholly owned and
controlled by an organization meeting
the requirements of paragraphs (1)(i),
(ii), and (iii) of this definition.
(4) A tribally designated housing
entity (as defined in section 4 of the
Native American Housing Assistance
and Self-Determination Act of 1996 (25
U.S.C. 4103)).
State means any of the several States
of the United States, the District of
Columbia, the Commonwealth of Puerto
Rico, any territory or possession of the
United States, or any agency or
instrumentality of a State exclusive of
local governments. The term does not
include any public and Indian housing
agency under the United States Housing
Act of 1937.
Subcontractor means any third party
contractor, of any tier, working directly
for an eligible entity.
Supportive services means any of the
following provided to address the needs
of a participant:
(1) Outreach services as specified
under § 62.30.
(2) Case management services as
specified under § 62.31.
(3) Assisting participants in obtaining
VA benefits as specified under § 62.32.
(4) Assisting participants in obtaining
and coordinating other public benefits
as specified under § 62.33.
(5) Other services as specified under
§ 62.34.
Supportive services grant means a
grant awarded under this part.
Supportive services grant agreement
means the agreement executed between
VA and a grantee as specified under
§ 62.50.
Suspension means an action by VA
that temporarily withdraws VA funding
under a supportive services grant,
pending corrective action by the grantee
or pending a decision to terminate the
supportive services grant by VA.
Suspension of a supportive services
grant is a separate action from
suspension under VA regulations
implementing Executive Orders 12549
and 12689, ‘‘Debarment and
Suspension.’’
Third party in-kind contributions
means the value of non-cash
contributions provided by non-Federal
third parties. Third party in-kind
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contributions may be in the form of real
property, equipment, supplies, and
other expendable property, and the
value of goods and services directly
benefiting and specifically identifiable
to the grantee’s program.
VA means the Department of Veterans
Affairs.
Very low-income veteran family
means a veteran family whose annual
income, as determined in accordance
with 24 CFR 5.609, does not exceed 50
percent of the median income for an
area or community, as will be adjusted
by VA based on family size and as may
be adjusted and announced by VA in
the Notice of Fund Availability based on
residency within an area with unusually
high or low construction costs, fair
market rents (as determined under
section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f)), or family
incomes. Unless VA announces
otherwise in the Notice of Fund
Availability, the median income for an
area or community will be determined
using the income limits most recently
published by the Department of Housing
and Urban Development for programs
under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
Veteran means a person who served
in the active military, naval, or air
service, and who was discharged or
released therefrom under conditions
other than dishonorable.
Veteran 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.
Withholding means that payment of a
supportive services grant will not be
paid until such time as VA determines
that the grantee provides sufficiently
adequate documentation and/or actions
to correct a deficiency for the supportive
services grant. Costs for supportive
services provided by grantees under the
supportive services grant from the date
of the withholding letter would be
reimbursed only if the grantee is able to
submit the documentation or actions
that the deficiency has been corrected to
the satisfaction of VA.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.10 Supportive services grants—
general.
(a) VA provides supportive services
grants to eligible entities as described in
this part.
(b) Grantees must use at least 90
percent of supportive services grant
funds to provide and coordinate the
provision of supportive services to very
low-income veteran families who are
occupying permanent housing.
(c) Grantees may use up to 10 percent
of supportive services grant funds for
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administrative costs identified in
§ 62.70.
(Authority: 38 U.S.C. 501, 2044)
§ 62.11 Participants—occupying
permanent housing.
(a) Occupying permanent housing. A
very low-income veteran family will be
considered to be occupying permanent
housing if the very low-income veteran
family:
(1) Is residing in permanent housing;
(2) Is homeless and scheduled to
become a resident of permanent housing
within 90 days pending the location or
development of housing suitable for
permanent housing; or
(3) Has exited permanent housing
within the previous 90 days to seek
other housing that is responsive to the
very low-income veteran family’s needs
and preferences.
Cross Reference: For limitations on
and continuations of the provision of
supportive services to participants
classified under paragraphs (a)(2) and
(a)(3) of this section, see § 62.35.
(b) Changes to a participant’s
classification for occupying permanent
housing. If a participant’s classification
for occupying permanent housing
changes while the participant is
receiving supportive services from a
grantee, the participant may be
reclassified under the categories set
forth in paragraph (a) of this section.
(Authority: 38 U.S.C. 501, 2044)
§ 62.20 Applications for supportive
services grants.
(a) To apply for a supportive services
grant, an applicant must submit to VA
a complete supportive services grant
application package, as described in the
Notice of Fund Availability. A complete
supportive services grant application
package includes the following:
(1) A description of the supportive
services to be provided by the applicant
and the identified need for such
supportive services among very lowincome veteran families;
(2) A description of the characteristics
of very low-income veteran families
occupying permanent housing who will
be provided supportive services by the
applicant;
(3) An estimate with supporting
documentation of the number of very
low-income veteran families occupying
permanent housing who will be
provided supportive services by the
applicant and a description of the area
or community where such very lowincome veteran families are located;
(4) Documentation evidencing the
experience of the applicant and any
identified subcontractors in providing
supportive services to very low-income
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veteran families and very low-income
families;
(5) Documentation relating to the
applicant’s ability to coordinate with
any identified subcontractors;
(6) Documentation of the managerial
capacity of the applicant to:
(i) Coordinate the provision of
supportive services with the provision
of permanent housing by the applicant
or by other organizations;
(ii) Assess continuously the needs of
participants for supportive services;
(iii) Coordinate the provision of
supportive services with services
provided by VA;
(iv) Customize supportive services to
the needs of participants;
(v) Continuously seek new sources of
assistance to ensure the long-term
provision of supportive services to very
low-income veteran families occupying
permanent housing;
(vi) Comply with and implement the
requirements of this part throughout the
term of the supportive services grant;
and
(7) Any additional information as
deemed appropriate by VA.
(b) Grantees may submit an
application for renewal of a supportive
services grant if the grantee’s program
will remain substantially the same. To
apply for renewal of a supportive
services grant, a grantee must submit to
VA a complete supportive services grant
renewal application package, as
described in the Notice of Fund
Availability.
(c) VA may request in writing that an
applicant or grantee, as applicable,
submit other information or
documentation relevant to the
supportive services grant application.
(Authority: 38 U.S.C. 501, 2044)
§ 62.21 Threshold requirements prior to
scoring supportive services grant
applicants.
VA will only score applicants that
meet the following threshold
requirements:
(a) The application is filed within the
time period established in the Notice of
Fund Availability, and any additional
information or documentation requested
by VA under § 62.20(c) is provided
within the time frame established by
VA;
(b) The application is completed in all
parts;
(c) The applicant is an eligible entity;
(d) The activities for which the
supportive services grant is requested
are eligible for funding under this part;
(e) The applicant’s proposed
participants are eligible to receive
supportive services under this part;
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(f) The applicant agrees to comply
with the requirements of this part;
(g) The applicant does not have an
outstanding obligation to the Federal
government that is in arrears and does
not have an overdue or unsatisfactory
response to an audit;
(h) The applicant is not in default by
failing to meet the requirements for any
previous Federal assistance; and
(i) The applicant provides evidence
that the minimum cost sharing
requirement is satisfied.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.22 Scoring criteria for supportive
services grant applicants.
VA will use the following criteria to
score applicants who are applying for a
supportive services grant:
(a) VA will award up to 35 points
based on the background, qualifications,
experience, and past performance, of the
applicant, and any subcontractors
identified by the applicant in the
supportive services grant application, as
demonstrated by the following:
(1) Background and organizational
history.
(i) Applicant’s, and any identified
subcontractors’, background and
organizational history are relevant to the
program.
(ii) Applicant, and any identified
subcontractors, maintain organizational
structures with clear lines of reporting
and defined responsibilities.
(iii) Applicant, and any identified
subcontractors, have a history of
complying with agreements and not
defaulting on financial obligations.
(2) Staff qualifications.
(i) Applicant’s staff, and any
identified subcontractors’ staff, have
experience working with very lowincome families.
(ii) Applicant’s staff, and any
identified subcontractors’ staff, have
experience administering programs
similar to the Supportive Services for
Veteran Families Program.
(3) Organizational qualifications and
past performance.
(i) Applicant, and any identified
subcontractors, have organizational
experience providing supportive
services to very low-income families.
(ii) Applicant, and any identified
subcontractors, have organizational
experience coordinating services for
very low-income families among
multiple organizations, Federal, State,
local and tribal governmental entities.
(iii) Applicant, and any identified
subcontractors, have organizational
experience administering a program
similar in type and scale to the
Supportive Services for Veteran
Families Program to very low-income
families.
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(4) Experience working with veterans.
(i) Applicant’s staff, and any
identified subcontractors’ staff, have
experience working with veterans.
(ii) Applicant, and any identified
subcontractors, have organizational
experience providing supportive
services to veterans.
(iii) Applicant, and any identified
subcontractors, have organizational
experience coordinating services for
veterans among multiple organizations,
Federal, State, local and tribal
governmental entities.
(b) VA will award up to 25 points
based on the applicant’s program
concept and supportive services plan, as
demonstrated by the following:
(1) Need for program.
(i) Applicant has shown a need
amongst very low-income veteran
families occupying permanent housing
in the area or community where the
program will be based.
(ii) Applicant understands the unique
needs for supportive services of very
low-income veteran families.
(2) Outreach and screening plan.
(i) Applicant has a feasible outreach
and referral plan to identify and assist
very low-income veteran families
occupying permanent housing that may
be eligible for supportive services.
(ii) Applicant has a plan to process
and receive participant referrals.
(iii) Applicant has a plan to assess
and accommodate the needs of
incoming participants.
(3) Program concept.
(i) Applicant’s program concept, size,
scope, and staffing plan are feasible.
(ii) Applicant’s program is designed to
meet the needs of very low-income
veteran families occupying permanent
housing.
(4) Program implementation timeline.
(i) Applicant’s program will be
implemented in a timely manner and
supportive services will be delivered to
participants as quickly as possible and
within a specified timeline.
(ii) Applicant has a hiring plan in
place to meet the applicant’s program
timeline or has existing staff to meet
such timeline.
(5) Collaboration and communication
with VA. Applicant has a plan to
coordinate outreach and services with
local VA facilities.
(6) Ability to meet VA’s requirements,
goals and objectives for the Supportive
Services for Veteran Families Program.
Applicant is committed to ensuring that
its program meets VA’s requirements,
goals and objectives for the Supportive
Services for Veteran Families Program
as identified in this part and the Notice
of Fund Availability.
(7) Capacity to undertake program.
Applicant has sufficient capacity,
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including staff resources, to undertake
the program.
(c) VA will award up to 15 points
based on the applicant’s quality
assurance and evaluation plan, as
demonstrated by the following:
(1) Program evaluation.
(i) Applicant has created clear,
realistic, and measurable goals against
which the applicant’s program
performance can be evaluated.
(ii) Applicant plans to continually
assess the program.
(2) Monitoring.
(i) Applicant has adequate controls in
place to regularly monitor the program,
including any subcontractors, for
compliance with all applicable laws,
regulations, and guidelines.
(ii) Applicant has adequate financial
and operational controls in place to
ensure the proper use of supportive
services grant funds.
(iii) Applicant has a plan for ensuring
that the applicant’s staff and any
subcontractors are appropriately trained
and stays informed of industry trends
and the requirements of this part.
(3) Remediation. Applicant has a plan
to establish a system to remediate noncompliant aspects of the program if and
when they are identified.
(4) Management and reporting.
Applicant’s program management team
has the capability and a system in place
to provide to VA timely and accurate
reports at the frequency set by VA.
(d) VA will award up to 15 points
based on the applicant’s financial
capability and plan, as demonstrated by
the following:
(1) Organizational finances.
Applicant, and any identified
subcontractors, are financially stable.
(2) Financial feasibility of program.
(i) Applicant has a realistic plan for
obtaining all funding required to operate
the program for the time period of the
supportive services grant.
(ii) Applicant’s program is costeffective and can be effectively
implemented on-budget.
(3) Cost sharing requirement.
Applicant has exceeded the minimum
cost sharing requirement up to a certain
percentage as set forth in the Notice of
Fund Availability.
(e) VA will award up to 10 points
based on the applicant’s area or
community linkages and relations, as
demonstrated by the following:
(1) Area or community linkages.
Applicant has a plan for developing or
has existing linkages with Federal
(including VA), State, local, and tribal
government agencies, and private
entities for the purposes of providing
additional services to participants.
(2) Past working relationships.
Applicant (or applicant’s staff), and any
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identified subcontractors (or
subcontractors’ staff), have fostered
successful working relationships and
linkages with public and private
organizations providing services to
veterans or very low-income families in
need of services similar to the
supportive services.
(3) Local presence and knowledge.
(i) Applicant has a presence in the
area or community to be served by the
applicant.
(ii) Applicant understands the
dynamics of the area or community to
be served by the applicant.
(4) Integration of linkages and
program concept. Applicant’s linkages
to the area or community to be served
by the applicant enhance the
effectiveness of the applicant’s program.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.23 Selecting applicants to receive
supportive services grants.
VA will use the following process to
select applicants to receive supportive
services grants:
(a) VA will score all applicants that
meet the threshold requirements set
forth in § 62.21 using the scoring criteria
set forth in § 62.22.
(b) VA will group applicants within
the applicable funding priorities if
funding priorities are set forth in the
Notice of Fund Availability.
(c) VA will rank those applicants who
receive at least the minimum amount of
total points and points per category set
forth in the Notice of Fund Availability,
within their respective funding priority
group, if any. The applicants will be
ranked in order from highest to lowest
scores, within their respective funding
priority group, if any.
(d) VA will use the applicant’s
ranking as the primary basis for
selection for funding. However, VA will
also use the following considerations to
select applicants for funding:
(1) VA will give preference to
applicants that provide or coordinate
the provision of supportive services for
very low-income veteran families
transitioning from homelessness to
permanent housing; and
(2) To the extent practicable, VA will
ensure that supportive services grants
are equitably distributed across
geographic regions, including rural
communities and tribal lands.
(e) Subject to paragraph (d) of this
section, VA will fund the highestranked applicants for which funding is
available, within the highest funding
priority group, if any. If funding
priorities have been established, to the
extent funding is available and subject
to paragraph (d) of this section, VA will
select applicants in the next highest
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funding priority group based on their
rank within that group.
will fund the highest-ranked grantees
for which funding is available.
(Authority: 38 U.S.C. 501, 2044)
(Authority: 38 U.S.C. 501, 2044)
§ 62.24 Scoring criteria for grantees
applying for renewal of supportive services
grants.
§ 62.26
VA will use the following criteria to
score grantees applying for renewal of a
supportive services grant:
(a) VA will award up to 55 points
based on the success of the grantee’s
program, as demonstrated by the
following:
(i) Participants made progress in
achieving housing stability.
(ii) Participants were satisfied with
the supportive services provided by the
grantee.
(iii) The grantee implemented the
program and delivered supportive
services to participants in a timely
manner.
(b) VA will award up to 30 points
based on the cost-effectiveness of the
grantee’s program, as demonstrated by
the following:
(i) The cost per participant household
was reasonable.
(ii) The grantee’s program was
effectively implemented on-budget.
(c) VA will award up to 15 points
based on the extent to which the
grantee’s program complies with
Supportive Services for Veteran
Families Program goals and
requirements, as demonstrated by the
following:
(i) The grantee’s program was
administered in accordance with VA’s
goals for the Supportive Services for
Veteran Families Program.
(ii) The grantee’s program was
administered in accordance with all
applicable laws, regulations, and
guidelines.
(iii) The grantee’s program was
administered in accordance with the
grantee’s supportive services grant
agreement.
Cost sharing requirement.
(a) The grantee must match the
amount of VA-provided supportive
services grant funds with a minimum of
10 percent of funds from non-VA
sources. The matching funds can be in
the form of either or both of the
following:
(1) Cash resources provided by one or
more of the following: the grantee; the
Federal government (but excluding any
funds provided by VA); State, local and
tribal governments; or private resources.
(2) Third party in-kind contributions.
(b) Contributions will be accepted as
part of the grantee’s cost sharing when
such contributions meet the conditions
of § 49.23 of this chapter.
(c) The grantee must ensure that any
funds used to satisfy the cost sharing
requirement of this section are eligible
to be used under the rules governing
such funds. (Use of Federal funds as a
match requires that the agency whose
funds would be so used has specific
statutory authority allowing its funding
to be used for cost sharing or matching.)
(Authority: 38 U.S.C. 501, 2044)
§ 62.30 Supportive service: outreach
services.
(a) Grantees must provide outreach
services and use their best efforts to
ensure that hard-to-reach very lowincome veteran families occupying
permanent housing are found, engaged,
and provided supportive services.
(b) Outreach services must include
active liaison with local VA facilities,
State, local, tribal (if any), and private
agencies and organizations providing
supportive services to very low-income
veteran families in the area or
community to be served by the grantee.
(Authority: 38 U.S.C. 501, 2044)
(Authority: 38 U.S.C. 501, 2044)
§ 62.25 Selecting grantees for renewal of
supportive services grants.
§ 62.31 Supportive service: case
management services.
VA will use the following process to
select grantees applying for renewal of
supportive services grants:
(a) So long as the grantee continues to
meet the threshold requirements set
forth in § 62.21, VA will score the
grantee using the scoring criteria set
forth in § 62.24.
(b) VA will rank those grantees who
receive at least the minimum amount of
total points and points per category set
forth in the Notice of Fund Availability.
The grantees will be ranked in order
from highest to lowest scores.
(c) VA will use the grantee’s ranking
as the basis for selection for funding. VA
Grantees must provide case
management services that include, at a
minimum:
(a) Performing a careful assessment of
participant functions and developing
and monitoring case plans in
coordination with a formal assessment
of supportive services needed, including
necessary follow-up activities, to ensure
that the participant’s needs are
adequately addressed;
(b) Establishing linkages with
appropriate agencies and service
providers in the area or community to
help participants obtain needed
supportive services;
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(c) Providing referrals to participants
and related activities (such as
scheduling appointments for
participants) to help participants obtain
needed supportive services, such as
medical, social, and educational
assistance or other supportive services
to address participants’ identified needs
and goals;
(d) Deciding how resources are
allocated to participants on the basis of
need; and
(e) Educating participants on issues,
including, but not limited to, supportive
services availability and participant
rights.
(Authority: 38 U.S.C. 501, 2044)
§ 62.32 Supportive service: assistance in
obtaining VA benefits.
(a) Grantees must assist participants
in obtaining any benefits from VA for
which the participants are eligible. Such
benefits include, but are not limited to:
(1) Vocational and rehabilitation
counseling;
(2) Employment and training service;
(3) Educational assistance; and
(4) Health care services.
(b) Grantees are not permitted to
represent participants before VA with
respect to a claim for VA benefits unless
they are recognized for that purpose
pursuant to 38 U.S.C. 5902. Employees
and members of grantees are not
permitted to provide such
representation unless the individual
providing representation is accredited
pursuant to 38 U.S.C. chapter 59.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.33 Supportive service: assistance in
obtaining and coordinating other public
benefits.
Grantees must assist participants to
obtain, and coordinate the provision of,
other public benefits that are being
provided by Federal, State, local, or
tribal agencies, or any eligible entity in
the area or community served by the
grantee. Such public benefits may
include, but are not limited to:
(a) Health care services, which
include:
(1) Health insurance; and
(2) Referral to a governmental or
eligible entity that provides any of the
following services:
(i) Hospital care, nursing home care,
out-patient care, mental health care,
preventive care, habilitative and
rehabilitative care, case management,
respite care, and home care;
(ii) The training of any very lowincome veteran family member in the
care of any very low-income veteran
family member; and
(iii) The provision of pharmaceuticals,
supplies, equipment, devices,
appliances, and assistive technology.
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(b) Daily living services, which may
consist of the referral of a participant, as
appropriate, to an entity that provides
services relating to the functions or
tasks for self-care usually performed in
the normal course of a day, including,
but not limited to, eating, bathing,
grooming, dressing, and home
management activities.
(c) Personal financial planning
services, which include, at a minimum,
providing recommendations regarding
day-to-day finances and achieving longterm budgeting and financial goals.
(d) Transportation services.
(1) The grantee may provide
temporary transportation services to
participants if the grantee determines
such assistance is necessary; however,
the preferred method of provision of
transportation services is the provision
of tokens, vouchers, or other appropriate
instruments so that participants may use
available public transportation options.
(2) If public transportation options are
not sufficient within an area or
community, costs related to the lease of
vehicle(s) may be included in a
supportive services grant application if
the applicant or grantee, as applicable,
agrees that:
(i) The vehicle(s) will be safe,
accessible, and equipped to meet the
needs of the participants;
(ii) The vehicle(s) will be maintained
in accordance with the manufacturer’s
recommendations; and
(iii) All transportation personnel
(employees and subcontractors) will be
trained in managing any special needs
of participants and handling emergency
situations.
(e) Income support services, which
may consist of providing assistance in
obtaining other Federal, State, tribal and
local assistance, in the form of, but not
limited to, mental health benefits,
employment counseling, medical
assistance, veterans’ benefits, and
income support assistance.
(f) Fiduciary and representative payee
services, which may consist of acting on
behalf of a participant by receiving the
participant’s paychecks, benefits or
other income, and using those funds for
the current and foreseeable needs of the
participant and saving any remaining
funds for the participant’s future use in
an interest bearing account or saving
bonds.
(g) Legal services to assist a
participant with issues that interfere
with the participant’s ability to obtain or
retain permanent housing or supportive
services.
(h) Child care, which includes the:
(1) Referral of a participant, as
appropriate, to a State-licensed facility
that provides child care with sufficient
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hours of operation and serves
appropriate ages, as needed by the
participant; and
(2) Payment by a grantee on behalf of
a participant for child care at a Statelicensed facility.
(i) Payments for child care services
must be paid by the grantee directly to
a State-licensed facility and cannot
exceed a maximum of 2 months in a
calendar year.
(ii) Grantees may require participants
to share in the cost of child care as a
condition of receiving payments for
child care services.
(iii) Payments for child care services
cannot be provided on behalf of
participants for the same period of time
and for the same cost types that are
being provided through another Federal,
State or local subsidy program.
(iv) As a condition of providing
payments for child care services, the
grantee must help the participant
develop a reasonable plan to address the
participant’s future ability to pay for
child care services and assist the
participant to implement such plan.
(i) Housing counseling, which
includes the provision of counseling
relating to the stabilization of a
participant’s residence in permanent
housing. At a minimum, housing
counseling includes providing referrals
to appropriate local, tribal, State, and
Federal resources, and providing
counseling, education and outreach
directly to participants on the following
topics, as appropriate:
(1) Housing search assistance,
including the location of vacant units,
the scheduling of appointments,
viewing apartments, reviewing tenant
leases, and negotiating with landlords
on behalf of a participant;
(2) Rental and rent subsidy programs;
(3) Federal, State, tribal, or local
assistance;
(4) Fair housing;
(5) Landlord tenant laws;
(6) Lease terms;
(7) Rent delinquency;
(8) Resolution or prevention of
mortgage delinquency, including, but
not limited to, default and foreclosure,
loss mitigation, budgeting, and credit;
and
(9) Home maintenance and financial
management.
(Authority: 38 U.S.C. 501, 2044)
§ 62.34
Other supportive services.
Grantees may provide the following
services which are necessary for
maintaining independent living in
permanent housing and housing
stability:
(a) Rental assistance. Payment of rent,
penalties or fees to help the participant
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remain in permanent housing or obtain
permanent housing.
(1) A participant may receive rental
assistance for a maximum of 4 months
during a 3-year period, such period
beginning on the date that the grantee
first pays rent on behalf of the
participant; however, a participant
cannot receive rental assistance for more
than 2 months in any calendar year. The
rental assistance may be for rental
payments that are currently due or are
in arrears, and for the payment of
penalties or fees incurred by a
participant and required to be paid by
the participant under an existing lease
or court order. In all instances, rental
assistance may only be provided if the
payment of such rental assistance will
directly allow the participant to remain
in permanent housing or obtain
permanent housing.
(2) Rental assistance must be paid by
the grantee directly to the third party to
whom rent is owed.
(3) As a condition of providing rental
assistance, the grantee must help the
participant develop a reasonable plan to
address the participant’s future ability
to pay rent and assist the participant to
implement such plan.
(4) The rental assistance paid by a
grantee must be in compliance with the
following ‘‘rent reasonableness’’
standard. ‘‘Rent reasonableness’’ means
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. To make this
determination, the grantee should
consider: (i) The location, quality, size,
type, and age of the unit; and (ii) any
amenities, housing services,
maintenance, and utilities to be
provided by the property owner.
Comparable rents can be checked by
using a market study, by reviewing
comparable units advertised for rent, or
using a note from the property owner
verifying the comparability of charged
rents to other units owned by the
property owner. Prior to providing
rental assistance in the form of payment
of penalties or fees incurred by a
participant, the grantee must determine
that such penalties or fees are
reasonable.
(5) With respect to shared housing
arrangements, the rent charged for a
participant must be in relation to the
size of the private space for that
participant in comparison to other
private space in the shared unit,
excluding common space. A participant
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may be assigned a pro rata portion based
on the ratio derived by dividing the
number of bedrooms in their private
space by the number of bedrooms in the
unit. Participation in shared housing
arrangements must be voluntary.
(6) Rental assistance payments cannot
be provided on behalf of participants for
the same period of time and for the
same cost types that are being provided
through another Federal, State, or local
housing subsidy program.
(7) Grantees may require participants
to share in the cost of rent as a condition
of receiving rental assistance.
(b) Utility-fee payment assistance.
Payment of utility fees to help the
participant to remain in permanent
housing or obtain permanent housing.
(1) A participant may receive
payments for utilities for a maximum of
4 months during a 3-year period, such
period beginning on the date that the
grantee first pays utility fees on behalf
of the participant; provided, however,
that a participant cannot receive
payments for utilities for more than 2
months in any calendar year. The
payment for utilities may be for utility
payments that are currently due or are
in arrears, provided that the payment of
such utilities will allow the participant
to remain in permanent housing or
obtain permanent housing.
(2) Payments for utilities must be paid
by the grantee directly to a utility
company. Payments for utilities only
will be available if a participant, a legal
representative of the participant, or a
member of his/her household, has an
account in his/her name with a utility
company or proof of responsibility to
make utility payments, such as
cancelled checks or receipts in his/her
name from a utility company.
(3) As a condition of providing
payments for utilities, the grantee must
help the participant develop a
reasonable plan to address the
participant’s future ability to pay utility
payments and assist the participant to
implement such plan.
(4) Payments for utilities cannot be
provided on behalf of participants for
the same period of time and for the
same cost types that are being provided
through another Federal, State, or local
program.
(5) Grantees may require participants
to share in the cost of utility payments
as a condition of receiving payments for
utilities.
(c) Deposits. Payment of security
deposits or utility deposits to help the
participant remain in permanent
housing or obtain permanent housing.
(1) A participant may receive
assistance with the payment of a
security deposit a maximum of one time
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in every 3-year period, such period
beginning on the date the grantee pays
a security deposit on behalf of a
participant.
(2) A participant may receive
assistance with the payment of a utility
deposit a maximum of one time in every
3-year period, such period beginning on
the date the grantee pays a utility
deposit on behalf of a participant.
(3) Any security deposit or utility
deposit must be paid by the grantee
directly to the third party to whom the
security deposit or utility deposit is
owed. The payment of such deposit
must allow the participant to remain in
the participant’s existing permanent
housing or help the participant to obtain
and remain in permanent housing
selected by the participant.
(4) As a condition of providing a
security deposit payment or a utility
deposit payment, the grantee must help
the participant develop a reasonable
plan to address the participant’s future
housing stability and assist the
participant to implement such plan.
(5) Security deposits and utility
deposits covering the same period of
time in which assistance is being
provided through another housing
subsidy program are eligible, as long as
they cover separate cost types.
(6) Grantees may require participants
to share in the cost of the security
deposit or utility deposit as a condition
of receiving assistance with such
deposit.
(d) Moving costs. Payment of moving
costs to help the participant to obtain
permanent housing.
(1) A participant may receive
assistance with moving costs a
maximum of one time in every 3-year
period, such period beginning on the
date the grantee pays moving costs on
behalf of a participant.
(2) Moving costs assistance must be
paid by the grantee directly to a third
party. Moving costs assistance includes
reasonable moving costs, such as truck
rental, hiring a moving company, or
short-term storage fees for a maximum
of 3 months or until the participant is
in permanent housing, whichever is
shorter.
(3) As a condition of providing
moving costs assistance, the grantee
must help the participant develop a
reasonable plan to address the
participant’s future housing stability
and assist the participant to implement
such plan.
(4) Moving costs assistance payments
cannot be provided on behalf of
participants for the same period of time
and for the same cost types that are
being provided through another Federal,
State, or local program.
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(5) Grantees may require participants
to share in the cost of moving as a
condition of receiving assistance with
moving costs.
(e) Purchase of emergency supplies
for a participant.
(1) A grantee may purchase
emergency supplies for a participant on
a temporary basis.
(2) The costs of the emergency
supplies must be paid by the grantee
directly to a third party.
(f) Other. Other services as set forth in
the Notice of Fund Availability or as
approved by VA that are consistent with
the Supportive Services for Veteran
Families Program. Applicants may
propose additional services in their
supportive services grant application,
and grantees may propose additional
services by submitting a written request
to modify the supportive services grant
in accordance with § 62.60.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.35 Limitations on and continuations
of the provision of supportive services to
certain participants.
(a) Continuation of the provision of
supportive services to a participant
classified under § 62.11(a)(2). If a
participant classified under § 62.11(a)(2)
does not become a resident of
permanent housing within the originally
scheduled 90-day period, the grantee
may continue to provide supportive
services to a participant classified under
§ 62.11(a)(2) for such time that the
participant continues to meet the
requirements of § 62.11(a)(2).
(b) Limitations on the provision of
supportive services to participants
classified under § 62.11(a)(3).
(1) A grantee may provide supportive
services to a participant classified under
§ 62.11(a)(3) until the earlier of the
following dates:
(i) The participant commences receipt
of other housing services adequate to
meet the participant’s needs; or
(ii) Ninety days from the date the
participant exits permanent housing.
(2) Supportive services provided to
participants classified under
§ 62.11(a)(3) must be designed to
support the participants in their choice
to transition into housing that is
responsive to their individual needs and
preferences.
(c) Continuation of supportive
services to veteran family member(s). If
a veteran becomes absent from a
household or dies while other members
of the veteran family are receiving
supportive services, then such
supportive services must continue for a
grace period following the absence or
death of the veteran. The grantee must
establish a reasonable grace period for
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continued participation by the veteran’s
family member(s), but that period may
not exceed 1 year from the date of
absence or death of the veteran, subject
to the requirements of paragraphs (a)
and (b) of this section. The grantee must
notify the veteran’s family member(s) of
the duration of the grace period.
(d) Referral for other assistance. If a
participant becomes ineligible to receive
supportive services under this section,
the grantee must provide the participant
with information on other available
programs or resources.
(Authority: 38 U.S.C. 501, 2044)
§ 62.36
General operation requirements.
(a) Eligibility documentation. Grantees
must verify and document each
participant’s eligibility for supportive
services and classify the participant
under one of the categories set forth in
§ 62.11(a). Grantees must certify the
eligibility and classification of each
participant at least once every 3 months.
(b) Confidentiality. Grantees must
maintain the confidentiality of records
kept on participants. Grantees that
provide family violence prevention or
treatment services must establish and
implement procedures to ensure the
confidentiality of:
(1) Records pertaining to any
individual provided services, and
(2) The address or location where the
services are provided.
(c) Notifications to participants.
(1) Prior to initially providing
supportive services to a participant, the
grantee must notify each participant that
the supportive services are being paid
for, in whole or in part, by VA.
(2) The grantee must provide each
participant with a satisfaction survey
which can be submitted by the
participant directly to VA, within 45 to
60 days of the participant’s entry into
the grantee’s program and again within
30 days of such participant’s pending
exit from the grantee’s program.
(d) Assessment of funds. Grantees
must regularly assess how supportive
services grant funds can be used in
conjunction with other available funds
and services to assist participants.
(e) Administration of supportive
services grants. Grantees must ensure
that supportive services grants are
administered in accordance with the
requirements of this part, the supportive
services grant agreement, and other
applicable laws and regulations.
Grantees are responsible for ensuring
that any subcontractors carry out
activities in compliance with this part.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.37
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Fee prohibition.
Grantees must not charge a fee to very
low-income veteran families for
providing supportive services that are
funded with amounts from a supportive
services grant or cost-sharing funds
under § 62.26.
(Authority: 38 U.S.C. 501, 2044)
§ 62.40
Notice of Fund Availability.
When funds are available for
supportive services grants, VA will
publish a Notice of Fund Availability in
the Federal Register. The notice will
identify:
(a) The location for obtaining
supportive services grant applications;
(b) The date, time, and place for
submitting completed supportive
services grant applications;
(c) The estimated amount and type of
supportive services grant funding
available;
(d) Any priorities for or exclusions
from funding to meet the statutory
mandates of 38 U.S.C. 2044 and VA
goals for the Supportive Services for
Veteran Families Program;
(e) The length of term for the
supportive services grant award;
(f) The minimum number of total
points and points per category that an
applicant or grantee, as applicable, must
receive in order for a supportive
services grant to be funded;
(g) Any maximum uses of supportive
services grant funds for specific
supportive services;
(h) The timeframes and manner for
payments under the supportive services
grant; and
(i) Other information necessary for the
supportive services grant application
process as determined by VA.
(Authority: 38 U.S.C. 501, 2044)
§ 62.50 Supportive services grant
agreements.
(a) After an applicant is selected for
a supportive services grant in
accordance with § 62.23, VA will draft
a supportive services grant agreement to
be executed by VA and the applicant.
Upon execution of the supportive
services grant agreement, VA will
obligate supportive services grant funds
to cover the amount of the approved
supportive services grant, subject to the
availability of funding. The supportive
services grant agreement will provide
that the grantee agrees, and will ensure
that each subcontractor agrees, to:
(1) Operate the program in accordance
with the provisions of this part and the
applicant’s supportive services grant
application;
(2) Comply with such other terms and
conditions, including recordkeeping
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and reports for program monitoring and
evaluation purposes, as VA may
establish for purposes of carrying out
the Supportive Services for Veteran
Families Program, in an effective and
efficient manner; and
(3) Provide such additional
information as deemed appropriate by
VA.
(b) After a grantee is selected for
renewal of a supportive services grant in
accordance with § 62.25, VA will draft
a supportive services grant agreement to
be executed by VA and the grantee.
Upon execution of the supportive
services grant agreement, VA will
obligate supportive services grant funds
to cover the amount of the approved
supportive services grant, subject to the
availability of funding. The supportive
services grant agreement will contain
the same provisions described in
paragraph (a) of this section.
(c) No funds provided under this part
may be used to replace Federal, State,
tribal, or local funds previously used, or
designated for use, to assist very lowincome veteran families.
(Authority: 38 U.S.C. 501, 2044)
(Authority: 38 U.S.C. 501, 2044)
§ 62.51 Payments under the supportive
services grant.
Grantees are to be paid in accordance
with the timeframes and manner set
forth in the Notice of Fund Availability.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.60 Program or budget changes and
corrective action plans.
(a) A grantee must submit to VA a
written request to modify a supportive
services grant for any proposed
significant change that will alter the
supportive services grant program. If VA
approves such change, VA will issue a
written amendment to the supportive
services grant agreement. A grantee
must receive VA’s approval prior to
implementing a significant change.
Significant changes include, but are not
limited to, a change in the grantee or
any subcontractors identified in the
supportive services grant agreement; a
change in the area or community served
by the grantee; additions or deletions of
supportive services provided by the
grantee; a change in category of
participants to be served; and a change
in budget line items that are more than
10 percent of the total supportive
services grant award.
(1) VA’s approval of changes is
contingent upon the grantee’s amended
application retaining a high enough
rank to have been competitively
selected for funding in the year that the
application was granted.
(2) Each supportive services grant
modification request must contain a
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description of the revised proposed use
of supportive services grant funds.
(b) VA may require that the grantee
initiate, develop and submit to VA for
approval a Corrective Action Plan (CAP)
if, on a quarterly basis, actual
supportive services grant expenditures
vary from the amount disbursed to a
grantee for that same quarter, or actual
supportive services grant activities vary
from the grantee’s program description
provided in the supportive services
grant agreement.
(1) The CAP must identify the
expenditure or activity source that has
caused the deviation, describe the
reason(s) for the variance, provide
specific proposed corrective action(s),
and provide a timetable for
accomplishment of the corrective
action.
(2) After receipt of the CAP, VA will
send a letter to the grantee indicating
that the CAP is approved or
disapproved. If disapproved, VA will
make beneficial suggestions to improve
the proposed CAP and request
resubmission, or take other actions in
accordance with this part.
§ 62.61
Procedural error.
If an applicant would have been
selected but for a procedural error
committed by VA, VA may select that
applicant for funding when sufficient
funds become available if there is no
material change in the information that
would have resulted in the applicant’s
selection. A new application will not be
required for this purpose.
(Authority: 38 U.S.C. 501, 2044)
§ 62.62
Religious organizations.
(a) Organizations that are religious or
faith-based are eligible, on the same
basis as any other organization, to
participate in the Supportive Services
for Veteran Families Program under this
part. In the selection of applicants, the
Federal government will not
discriminate for or against an
organization on the basis of the
organization’s religious character or
affiliation.
(b)(1) No organization may use direct
financial assistance from VA under this
part to pay for any of the following:
(i) Inherently religious activities, such
as religious worship, instruction, or
proselytization; or
(ii) Equipment or supplies to be used
for any of those activities.
(2) For purposes of this section,
‘‘indirect financial assistance’’ means
Federal assistance in which a service
provider receives program funds
through a voucher, certificate,
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agreement, or other form of
disbursement, as a result of the
independent and private choices of
individual beneficiaries. ‘‘Direct
financial assistance’’ means Federal aid
in the form of a grant, contract, or
cooperative agreement where the
independent choices of individual
beneficiaries do not determine which
organizations receive program funds.
(c) Organizations that engage in
inherently religious activities, such as
worship, religious instruction, or
proselytization, must offer those
services separately in time or location
from any programs or services funded
with direct financial assistance from VA
under this part, and participation in any
of the organization’s inherently religious
activities must be voluntary for the
beneficiaries of a program or service
funded by direct financial assistance
from VA under this part.
(d) A religious organization that
participates in the Supportive Services
for Veteran Families Program under this
part will retain its independence from
Federal, State, or local governments and
may continue to carry out its mission,
including the definition, practice, and
expression of its religious beliefs,
provided that it does not use direct
financial assistance from VA under this
part to support any inherently religious
activities, such as worship, religious
instruction, or proselytization. Among
other things, faith-based organizations
may use space in their facilities to
provide VA-funded services under this
part, without removing religious art,
icons, scripture, or other religious
symbols. In addition, a VA-funded
religious organization retains its
authority over its internal government,
and it may retain religious terms in its
organization’s name, select its board
members and otherwise govern itself on
a religious basis, and include religious
reference in its organization’s mission
statement and other governing
documents.
(e) An organization that participates
in a VA program under this part must
not, in providing direct program
assistance, discriminate against a
program beneficiary or a prospective
program beneficiary regarding
supportive services, financial assistance,
or technical assistance, on the basis of
religion or religious belief.
(f) If a State or local government
voluntarily contributes its own funds to
supplement federally funded activities,
the State or local government has the
option to segregate the Federal funds or
commingle them. However, if the funds
are commingled, this provision applies
to all of the commingled funds.
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(g) To the extent otherwise permitted
by Federal law, the restrictions on
inherently religious activities set forth
in this section do not apply where VA
funds are provided to religious
organizations through indirect
assistance as a result of a genuine and
independent private choice of a
beneficiary, provided the religious
organizations otherwise satisfy the
requirements of this part. A religious
organization may receive such funds as
the result of a beneficiary’s genuine and
independent choice if, for example, a
beneficiary redeems a voucher, coupon,
or certificate, allowing the beneficiary to
direct where funds are to be paid, or a
similar funding mechanism provided to
that beneficiary and designed to give
that beneficiary a choice among
providers.
(Authority: 38 U.S.C. 501, 2044)
§ 62.63 Visits to monitor operations and
compliance.
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(a) VA has the right, at all reasonable
times, to make visits to all grantee
locations where a grantee is using
supportive services grant funds in order
to review grantee accomplishments and
management control systems and to
provide such technical assistance as
may be required. VA may conduct
inspections of all program locations and
records of a grantee at such times as are
deemed necessary to determine
compliance with the provisions of this
part. In the event that a grantee delivers
services in a participant’s home, or at a
location away from the grantee’s place
of business, VA may accompany the
grantee. If the grantee’s visit is to the
participant’s home, VA will only
accompany the grantee with the consent
of the participant. If any visit is made
by VA on the premises of the grantee or
a subcontractor under the supportive
services grant, the grantee must provide,
and must require its subcontractors to
provide, all reasonable facilities and
assistance for the safety and
convenience of the VA representatives
in the performance of their duties. All
visits and evaluations will be performed
in such a manner as will not unduly
delay services.
(b) The authority to inspect carries
with it no authority over the
management or control of any applicant
or grantee under this part.
(Authority: 38 U.S.C. 501, 2044)
§ 62.70 Financial management and
administrative costs.
(a) All grantees must comply with
applicable requirements of the Single
Audit Act Amendments of 1996 (31
U.S.C. 7501–7507) and revised OMB
Circular A–133, ‘‘Audits of States, Local
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Governments, and Non-Profit
Organizations,’’ codified by VA at 38
CFR part 41.
(b) All grantees must use an adequate
financial management system that
follows generally accepted accounting
principles and provides adequate fiscal
control and accounting records,
including cost accounting records that
are supported by documentation. Such
cost accounting must be reflected in the
grantee’s fiscal cycle financial
statements to the extent that the actual
costs can be determined for the program
for which assistance is provided.
Grantees must meet the applicable
requirements of the appropriate OMB
Circular for Cost-Principles.
(c) Grantees’ financial management
systems must comply with the
requirements of § 49.21 of this part.
(d) Payment up to the amount
specified in the supportive services
grant must be made only for allowable,
allocable, and reasonable costs in
conducting the work under the
supportive services grant. The
determination of allowable costs must
be made in accordance with the
applicable Federal Cost Principles set
forth in OMB Circular A–122, Cost
Principles for Non-Profit Organizations,
codified at 2 CFR part 235.
(e) Costs for administration by a
grantee must not exceed 10 percent of
the total amount of the supportive
services grant. Administrative costs will
consist of all direct and indirect costs
associated with the management of the
program. These costs will include the
administrative costs, both direct and
indirect, of subcontractors. For the
purposes of the supportive services
grant, all indirect costs are considered
administrative costs, and, therefore, will
not exceed 10 percent of the total
supportive services grant.
(f) If indirect charges are claimed in
the applicant’s proposed budget, the
applicant must provide on a separate
sheet the following information:
(1) Name and address of the cognizant
government audit agency (the agency
that is providing the most Federal
funds);
(2) Name, address, and phone number
of the government auditor;
(3) Documentation from the cognizant
agency indicating:
(i) Indirect cost rate and the base
against which the rate should be
applied;
(ii) Effective period (dates) for the
rate; and
(iii) Date that the last rate was
computed and negotiated.
(g) If no government audit agency
computed and authorized the rate
claimed, applicant must provide a brief
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24533
explanation of computation, who
computed it, and the date. If the
applicant is awarded a supportive
services grant, the proposed indirect
rate must be submitted to a Federal
audit agency within 90 days of award
for approval.
(h) Grantees are subject to the
Uniform Administrative Requirements
for Grants and Agreements with
Institutions of Higher Education,
Hospitals and other Non-Profit
Organizations, codified at 38 CFR part
49.
(Authority: 38 U.S.C. 501, 2044)
§ 62.71
Grantee reporting requirements.
(a) VA may require grantees to
provide, in such form as may be
prescribed, such reports or answers in
writing to specific questions, surveys, or
questionnaires as VA determines
necessary to carry out the Supportive
Services for Veteran Families Program.
(b) If, on a quarterly basis, actual
supportive services grant expenditures
vary from the amount disbursed to a
grantee for that same quarter or actual
supportive services grant activities vary
from the grantee’s program description
provided in the supportive services
grant agreement, grantees must report
the deviation to VA.
(c) At least once per year, or at the
frequency set by VA, each grantee must
submit to VA a report containing
information relating to operational
effectiveness, fiscal responsibility,
supportive services grant agreement
compliance, and legal and regulatory
compliance, including a description of
the use of supportive services grant
funds, the number of participants
assisted, the types of supportive services
provided, and any other information
that VA may request.
(d) Grantees must relate financial data
to performance data and develop unit
cost information whenever practical.
(e) All pages of the reports must cite
the assigned supportive services grant
number and be submitted in a timely
manner.
(f) Grantees must provide VA with
consent to post information from reports
on the Internet and use such
information in other ways deemed
appropriate by VA. Grantees shall
clearly mark information that is
confidential to individual participants.
(Authority: 38 U.S.C. 501, 2044)
§ 62.72
Recordkeeping.
Grantees must ensure that records are
maintained for at least a 3 year period
to document compliance with this part.
Grantees must produce such records at
VA’s request.
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(Authority: 38 U.S.C. 501, 2044)
§ 62.73
Technical assistance.
VA will provide technical assistance,
as necessary, to eligible entities to meet
the requirements of this part. Such
technical assistance will be provided
either directly by VA or through grants
or contracts with appropriate public or
non-profit private entities.
(Authority: 38 U.S.C. 501, 2044, 2064)
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§ 62.80 Withholding, suspension,
deobligation, termination, and recovery of
funds by VA.
(a) Recovery of funds. VA will recover
from the grantee any supportive services
grant funds that are not used in
accordance with the requirements of
this part. VA will issue to the grantee a
notice of intent to recover supportive
services grant funds. The grantee will
then have 30 days to submit
documentation demonstrating why the
supportive services grant funds should
not be recovered. After review of all
submitted documentation, VA will
determine whether action will be taken
to recover the supportive services grant
funds.
(b) VA actions when grantee fails to
comply. When a grantee fails to comply
with the terms, conditions, or standards
of the supportive services grant, VA
may, on 7-days notice to the grantee,
withhold further payment, suspend the
supportive services grant, or prohibit
the grantee from incurring additional
obligations of supportive services grant
funds, pending corrective action by the
grantee or a decision to terminate in
accordance with paragraph (c) of this
section. VA will allow all necessary and
proper costs that the grantee could not
reasonably avoid during a period of
suspension if such costs meet the
provisions of the applicable Federal
Cost Principles.
(c) Termination. Supportive services
grants may be terminated in whole or in
part only if paragraphs (c)(1), (c)(2), or
(c)(3) of this section apply.
(1) By VA, if a grantee materially fails
to comply with the terms and
conditions of a supportive services grant
award and this part.
(2) By VA with the consent of the
grantee, in which case VA and the
grantee will agree upon the termination
conditions, including the effective date
and, in the case of partial termination,
the portion to be terminated.
(3) By the grantee upon sending to VA
written notification setting forth the
reasons for such termination, the
effective date, and, in the case of partial
termination, the portion to be
terminated. However, if VA determines
in the case of partial termination that
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the reduced or modified portion of the
supportive services grant will not
accomplish the purposes for which the
supportive services grant was made, VA
may terminate the supportive services
grant in its entirety under either
paragraphs (c)(1) or (c)(2) of this section.
(d) Deobligation of funds. (1) VA may
deobligate all or a portion of the
amounts approved for use by a grantee
if:
(i) The activity for which funding was
approved is not provided in accordance
with the approved application and the
requirements of this part;
(ii) Such amounts have not been
expended within a 1-year period from
the date of the signing of the supportive
services grant agreement;
(iii) Other circumstances set forth in
the supportive services grant agreement
authorize or require deobligation.
(2) At its discretion, VA may readvertise in a Notice of Fund
Availability the availability of funds
that have been deobligated under this
section or award deobligated funds to
applicants who previously submitted
applications in response to the most
recently published Notice of Fund
Availability.
(Authority: 38 U.S.C. 501, 2044)
§ 62.81 Supportive services grant closeout
procedures.
Supportive services grants will be
closed out in accordance with the
following procedures upon the date of
completion:
(a) No later than 90 days after the date
of completion, the grantee must refund
to VA any unobligated (unencumbered)
balance of supportive services grant
funds that are not authorized by VA to
be retained by the grantee.
(b) No later than 90 days after the date
of completion, the grantee must submit
all financial, performance and other
reports required by VA to closeout the
supportive services grant. VA may
authorize extensions when requested by
the grantee.
(c) If a final audit has not been
completed prior to the date of
completion, VA retains the right to
recover an appropriate amount after
considering the recommendations on
disallowed costs once the final audit has
been completed.
(Authority: 38 U.S.C. 501, 2044)
[FR Doc. 2010–10372 Filed 5–4–10; 8:45 am]
BILLING CODE P
PO 00000
Frm 00041
Fmt 4702
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POSTAL SERVICE
39 CFR Part 111
Treatment of Cigarettes and
Smokeless Tobacco as Nonmailable
Matter
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Postal Service proposes
to revise Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) 601.11, pertaining
to the mailing of tobacco cigarettes and
smokeless tobacco. These provisions
implement specific requirements to be
in compliance with the Prevent All
Tobacco Cigarettes Trafficking (PACT)
Act, Public Law No. 111–154, which
restricts the mailability of cigarettes and
smokeless tobacco.
DATES: Submit comments on or before
May 17, 2010.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor North, Washington, DC, between 9
a.m. and 4 p.m., Monday through
Friday. E-mail comments, containing
the name and address of the commenter,
may be sent to:
MailingStandards@usps.gov, with a
subject line of ‘‘PACT Act.’’ Faxed
comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
Anthony Alverno, 202–268–2997, or
Mary Collins, 202–268–5440.
SUPPLEMENTARY INFORMATION:
On March 31, 2010, the Prevent All
Cigarette Trafficking (PACT) Act of
2009, Public Law No. 111–154 was
enacted. The Act’s purposes include:
• Requiring Internet-based and other
remote sellers of cigarettes and
smokeless tobacco to comply with laws
applied to other tobacco retailers;
• Creating disincentives for the illegal
smuggling of tobacco products;
• Enhancing enforcement tools to
deal with cigarette smuggling;
• Stemming trafficking;
• Increasing collection of federal,
state, and local excise taxes on cigarettes
and smokeless tobacco; and
• Preventing youth access through
Internet and contraband sales.
Section 3 of the PACT Act pertains to
the Postal Service and creates a new
section 1716E of Title 18, U.S. Code.
Section 3 of the PACT Act provides that,
subject to certain exceptions, cigarettes,
including roll-your-own tobacco and
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Proposed Rules]
[Pages 24514-24534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10372]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 62
RIN 2900-AN53
Supportive Services for Veteran Families Program
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 24515]]
SUMMARY: This proposed rule would establish regulations concerning the
Supportive Services for Veteran Families Program (SSVF Program) of the
Department of Veterans Affairs (VA). This proposed rule is necessary to
implement the provisions of section 604 of the Veterans' Mental Health
and Other Care Improvements Act of 2008. The purpose of the SSVF
Program is to provide supportive services grants to private non-profit
organizations and consumer cooperatives who would coordinate or provide
supportive services to very low-income veteran families who are
residing in permanent housing, are homeless and scheduled to become
residents of permanent housing within a specified time period, or after
exiting permanent housing, are seeking other housing that is responsive
to such very low-income veteran family's needs and preferences. The new
SSVF Program is within the continuum of VA's homeless services
programs.
DATES: Comments on the proposed rule, including comments on the
information collection provisions, must be received on or before June
4, 2010.
ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Comments should indicate that they are submitted in response
to ``RIN 2900-AN53.'' Copies of comments received will be available for
public inspection in the Office of Regulation Policy and Management,
Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 (this is not a
toll-free number) for an appointment. In addition, during the comment
period, comments may be viewed online through the Federal Docket
Management System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Vincent Kane, Supportive Services for
Veteran Families Program Office (116), National Center on Homelessness
Among Veterans, c/o Philadelphia VA Medical Center, 3900 Woodland
Avenue, Philadelphia, PA 19104, (202) 273-7462 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Section 604 of the Veterans' Mental Health
and Other Care Improvements Act of 2008, Public Law 110-387 (the Act),
codified at 38 U.S.C. 2044, directed the Secretary of VA (Secretary) to
provide financial assistance to eligible entities to provide supportive
services to very low-income veteran families who are occupying
permanent housing. This proposed rule would establish regulations
concerning the SSVF Program and is necessary to implement section 604
of the Act.
For organization and clarity of implementation, the proposed rule
sets forth a new 38 CFR part 62. The proposed rule would establish
regulations authorizing VA to award supportive services grants to
private non-profit organizations and consumer cooperatives, who would
provide or coordinate the provision of supportive services to very low-
income veteran families who: (i) Are residing in permanent housing,
(ii) are homeless and scheduled to become residents of permanent
housing within a specified time period; or (iii) after exiting
permanent housing, are seeking other housing that is responsive to such
very low-income veteran family's needs and preferences.
VA has several programs that offer care to eligible homeless
veterans, such as the Health Care for Homeless Veterans (HCHV) Program,
the Grant and Per Diem (GPD) Program, the Residential Rehabilitation
and Treatment Programs (RRTP), the Homeless Dental Program, and the
Housing and Urban Development--VA Supported Housing (HUD-VASH Program).
The SSVF Program is unique among the other VA programs because of the
population it serves and the wide range of supportive services it
provides to that population. For example, unlike other VA programs, the
SSVF Program permits supportive services to be provided to veterans and
their family members. (While the GPD program authorizes certain
services for minor dependents of women veterans, it does not generally
authorize the provision of supportive services to family members).
Subject to SSVF Program limitations, these very low-income veteran
families could be residing in permanent housing or be homeless. A broad
range of supportive services assist participants to obtain housing
stability, such as case management, assist participants to obtain any
VA, Federal, State, local, or tribal benefits for which they may be
eligible, and provide temporary financial assistance.
The SSVF Program will benefit very low-income veteran families by
helping them to achieve housing stability. In particular, the SSVF
Program will aim to prevent very low-income veteran families from
becoming homeless and assist those very low-income veteran families who
are homeless with rapid re-housing. The SSVF Program will assist
participants in obtaining the skills and resources necessary to
maintain long-term housing stability.
Content of Proposed Rule
62.1 Purpose
Proposed Sec. 62.1 sets forth the purpose of the SSVF Program.
Consistent with the Act (38 U.S.C. 2044), the proposed rule states that
the purpose of the SSVF Program is to provide supportive services
grants to eligible entities to facilitate the provision of supportive
services to very low-income veteran families who are occupying
permanent housing.
62.2 Definitions
Proposed Sec. 62.2 contains definitions for key terms that would
be used in part 62 and Notices of Fund Availability. Although the
proposed rule lists definitions in alphabetical order, this notice
discusses the definitions as follows:
(a) Definitions that are critical for understanding the SSVF
Program; (b) Definitions that are included to provide clarity; and (c)
Definitions that are based upon existing VA regulations or statutes.
Definitions That Are Critical for Understanding the SSVF Program
In accordance with the Act (38 U.S.C. 2044(f)(2)), proposed Sec.
62.2 defines the term ``eligible entity'' as a private non-profit
organization or consumer cooperative, which in turn are separately
defined in proposed Sec. 62.2.
The proposed definition of ``veteran family'' is consistent with
the definition provided in the Act (38 U.S.C. 2044(f)(7)). The proposed
rule defines a veteran family as either a single veteran or a family in
which the head of household, or the spouse of the head of household, is
a veteran.
Under the proposed rule, to be eligible for supportive services, a
veteran family must be considered a ``very low-income veteran family.''
Consistent with the Act (38 U.S.C. 2044(f)(6)), proposed Sec. 62.2
defines a very low-income veteran family as a veteran family whose
annual income does not exceed 50 percent of the median income for an
area or community. This is subject to adjustment by VA in the Notice of
Fund Availability. A veteran family's annual income will be determined
in accordance with the income criteria for programs under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) as found in the
Department of Housing and Urban Development regulation 24 CFR 5.609. VA
has
[[Page 24516]]
determined that, unless stated otherwise in the Notice of Fund
Availability, the income limits and area or community designations most
recently published by the Department of Housing and Urban Development
for programs under section 8 of the United States Housing Act of 1937
will be used to determine the median income for an area or community.
Under 38 U.S.C. 2044(f)(4), ``permanent housing'' is defined as
``community-based housing without a designated length of stay.'' The
term ``permanent housing'' is defined in proposed Sec. 62.2 consistent
with the statute, but clarifying language is included in the proposed
rule to explain that under our interpretation of the statute, permanent
housing includes, but is not limited to, a house or apartment with a
month-to-month or annual lease term, or home ownership. Permanent
housing is not intended to include certain types of institutional
housing that generally involve a designated length of stay, such as
imprisonment or detainment pursuant to Federal or State law, which are
not considered ``community-based housing'' under industry standards or
common parlance.
The proposed rule assigns a definition to the phrase ``occupying
permanent housing,'' as set forth in proposed Sec. 62.11(a).
``Supportive services'' are defined in the proposed rule as
outreach services, as specified under proposed Sec. 62.30; case
management services, as specified under proposed Sec. 62.31; assisting
participants to obtain VA benefits, as specified under proposed Sec.
62.32; assisting participants in obtaining and coordinating other
public benefits, as specified under proposed Sec. 62.33; and other
services, as specified under proposed Sec. 62.34. This proposed
definition is derived from the description of supportive services
provided in the Act (38 U.S.C. 2044(b)).
The proposed rule defines the term ``participant'' as those single
veterans and veteran families who qualify for and are receiving
supportive services from a private non-profit organization or consumer
cooperative awarded a supportive services grant.
The proposed rule defines the term ``homeless'' by restating the
definition from the Act (38 U.S.C. 2044(f)(3)), which gives the term
the same ``meaning given that term in section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302).''
Definitions That Are Included To Provide Clarity
The terms ``applicant,'' ``emergency supplies,'' ``grantee,''
``Notice of Fund Availability,'' ``subcontractor,'' ``supportive
services grant,'' and ``supportive services grant agreement'' are
included in the proposed rule to provide clarity. The proposed
definitions are based on a plain language understanding of those terms.
Definitions That Are Based Upon Existing VA Regulations or Statutes
The terms ``area or community,'' ``date of completion,''
``disallowed costs,'' ``State,'' ``suspension,'' ``third party in-kind
contributions,'' ``VA,'' ``veteran,'' and ``withholding'' are defined
by VA in the Homeless Providers Grant and Per Diem Program (38 CFR
61.1); in VA's regulations regarding uniform requirements for grants
and agreements with institutions of higher education, hospitals, and
other non-profit organizations (38 CFR 49.2); or the definitions in 38
U.S.C. 101. These existing definitions are used in the proposed rule
because they are understood by VA and its grantees, which would
simplify the implementation of this new program.
Some of these existing definitions would be modified for use in the
SSVF Program. For example, ``area or community'' is broadened in the
proposed rule to include tribal reservations, because the Act (38
U.S.C. 2044(a)(5)) requires the equitable distribution of supportive
services grants across geographic regions, including rural communities
and tribal lands. To specifically acknowledge the proposed rule's
termination and closeout provisions, the term ``date of completion''
includes the date that a supportive services grant is terminated.
62.10 Supportive Services Grants--General
Under proposed Sec. 62.10, at least 90 percent of supportive
services grant funds would need to be used by grantees to provide and
coordinate the provision of supportive services to very low-income
veteran families occupying permanent housing; a maximum of 10 percent
of supportive services grant funds could be used for administrative
costs identified in proposed Sec. 62.70(e). In accordance with the
intent of the Act (38 U.S.C. 2044) and VA's goals for the SSVF Program,
VA proposes that the vast majority of supportive services grant funds
(90 percent) be used to serve very low-income veteran families
occupying permanent housing. VA expects that 10 percent would be a
reasonable maximum for administrative costs associated with a
supportive services grant, and any additional funds required by
grantees for administration should be provided by non-VA funds. This
percentage split (90/10) is based upon VA's past experience
administering similar programs and VA's goals for the SSVF Program.
62.11 Participants--Occupying Permanent Housing
Proposed Sec. 62.11 provides that a very low-income veteran family
will be considered to be occupying permanent housing, and thereby
eligible to receive supportive services from a grantee as a participant
subject to proposed Sec. 62.35, if such family meets the conditions of
any one of the three categories described in proposed Sec.
62.11(a)(1)-(3).
Consistent with the Act (38 U.S.C. 2044(b)(1)), proposed Sec.
62.11(a)(1) defines the first category of very low-income families
occupying permanent housing as ``residing in permanent housing.''
Consistent with the Act (38 U.S.C. 2044(b)(2)), proposed Sec.
62.11(a)(2) defines the second category of families occupying permanent
housing as being homeless and scheduled to become a resident of
permanent housing within 90 days pending the location or development of
housing suitable for permanent housing. Development of permanent
housing includes, but is not limited to, the construction,
rehabilitation or modification of permanent housing.
Consistent with the Act (38 U.S.C. 2044(b)(3)), proposed Sec.
62.11(a)(3) defines the third category of families occupying permanent
housing as having exited permanent housing within the previous 90 days
and seeking other housing that is responsive to the very low-income
veteran family's needs and preferences.
Proposed Sec. 62.11(b) authorizes a grantee to reclassify a
participant's classification for occupying permanent housing if the
participant's housing changes while receiving supportive services. The
SSVF Program is designed to ensure that very low-income veteran
families who are transitioning (including, but not limited to,
transitioning from homelessness to permanent housing and transitioning
between various classifications of housing) maintain eligibility to
receive supportive services through the SSVF Program. For example, if a
very low-income veteran family who is homeless consistent with proposed
Sec. 62.11(a)(2) moves into permanent housing, such family would then
be reclassified under proposed Sec. 62.11(a)(1). By reclassifying
[[Page 24517]]
the participant under proposed Sec. 62.11(a)(1), the participant would
remain eligible to receive supportive services from a grantee, and the
limitations to which the participant was subject when classified under
proposed Sec. 62.11(a)(2) would no longer apply. Permitting
participants to be reclassified if their housing changes is consistent
with the purpose of the Act and the SSVF Program's focus on promoting
housing stability.
62.20 Applications for Supportive Services Grants
Proposed Sec. 62.20(a) would require applicants to submit a
complete supportive services grant application package and identify the
items that would be included in such supportive services grant
application package. The items listed are derived from the Act (38
U.S.C. 2044(c)) and the application requirements prescribed for VA's
Homeless Providers Grant and Per Diem Program (38 CFR 61.11) and are
designed to ensure that VA can fully evaluate the ability of applicants
to achieve the goals of the SSVF Program.
Proposed Sec. 62.20(b) would authorize grantees to submit an
application for renewal of a supportive services grant if the grantee's
program will remain substantially the same. By allowing grantees to
submit a supportive services grant renewal application, grantees would
be able to efficiently seek additional supportive services grant funds
for a subsequent period, subject to the availability of VA funds,
without a lapse in the provision of supportive services to
participants.
Proposed Sec. 62.60(c) would allow VA to request other information
or documentation related to a supportive services grant application in
the event that particular information not set forth in the supportive
services grant application is needed for VA to fully consider the
applicant or grantee, as applicable.
62.21 Threshold Requirements Prior to Scoring Supportive Services Grant
Applicants
The Act (38 U.S.C. 2044(c)(3)) requires VA to establish criteria
for the selection of eligible entities to be provided supportive
services grants. Proposed Sec. 62.21 contains minimum threshold
requirements that each applicant would be required to satisfy before VA
would score the applicant. The threshold requirements are intended to
be an administrative checklist with which applicants would confirm
compliance prior to submitting a supportive services grant application.
For example, if an applicant is not an eligible entity, if the
application is not completed in all parts, or if the applicant is in
default by failing to meet the requirements for any previous Federal
assistance, VA would not process the application.
The threshold requirements in proposed Sec. 62.21 are consistent
with the threshold requirements in VA's Homeless Providers Grant and
Per Diem Program (38 CFR 61.12). In administering that program, VA has
found that screening applications to identify those that do not fulfill
the threshold requirements enables VA to devote its resources to
evaluating qualified supportive services grant applicants.
62.22 Scoring Criteria for Supportive Services Grant Applicants
A limited amount of funds are available for VA to distribute
through the SSVF Program. In accordance with the Act (38 U.S.C.
2044(c)(3)) and because the number of applicants may exceed available
funds or VA may have more funds than qualified applicants, VA has
established scoring criteria for awarding supportive services grants.
Utilization of the scoring criteria would allow VA to distribute
supportive services grants consistent with Congressional intent and
VA's goals for the SSVF Program.
Proposed Sec. 62.22 describes the scoring criteria that VA
proposes to use to score applicants fulfilling the threshold
requirements. The scoring criteria are derived from VA's experience
with programs such as the Homeless Providers Grant and Per Diem Program
(38 CFR 61.13) and the Loan Guarantee for Multifamily Transitional
Housing Program (38 U.S.C. 2051 et seq.). The proposed categories are
weighted according to their likelihood of impacting a grantee's
successful development and operation of a supportive services grant
program. For example, the background, qualifications, experience, and
past performance category is assigned the highest point value because
applicants, and any identified subcontractors, with both experience
implementing similar programs and strong staff qualifications would be
most likely to develop and operate effective programs designed to meet
the needs of very low-income veteran families and expend supportive
services grant funds in an effective and efficient manner. In contrast,
the area or community linkages and relations category is assigned 10
points. VA assigns point value to this category because VA recognizes
the importance of an applicant's past working relationships, local
presence, and knowledge, and would reward applicants that have
established such relationships or have such knowledge. However, VA does
not consider this category to be as effective an indicator of program
success as the background, qualifications, experience, and past
performance category. This is because, if necessary, area or community
linkages can be developed over the course of normal operations after
the applicant is awarded a supportive services grant.
When scoring applicants, VA proposes to award points to applicants
who exceed the 10 percent cost sharing requirement in proposed Sec.
62.26, as described in proposed Sec. 62.22(d)(3). The Notice of Fund
Availability would state the maximum percentage for which the full
amount of points for this criterion would be awarded. For example, the
Notice of Fund Availability could state that applicants matching a
maximum 25 percent of the supportive services grant amount would
receive the maximum amount of points for this criterion; therefore,
applicants matching 25 percent of the supportive services grant amount
would receive the same amount of points for this criterion as
applicants matching 100 percent of the supportive services grant
amount. VA wishes to reward those applicants demonstrating a match
higher than 10 percent of the supportive services grant amount, but VA
also recognizes that applicants would have varying amounts of resources
available for cash or in-kind contributions.
62.23 Selecting Applicants To Receive Supportive Services Grants
Proposed Sec. 62.23 describes the process VA proposes using to
select applicants for supportive services grants. This process is
similar to the selection process VA uses in the Homeless Providers
Grant and Per Diem Program (38 CFR 61.14), but also includes a
preference and an equitable distribution requirement set forth in the
Act (38 U.S.C. 2044(a)(4) and 38 U.S.C. 2044(a)(5)).
VA would first group applicants by funding priorities, if any such
priorities are set forth in the Notice of Fund Availability. VA would
then score applicants using the criteria in proposed Sec. 62.22 and
rank applicants who receive at least the minimum amount of total points
and points per category set forth in the Notice of Fund Availability,
within their respective funding priority group, if any. Applicants
would be ranked in order from highest to lowest scores, within their
respective funding priority group, if any.
Although VA would use the applicant's ranking as the primary basis
[[Page 24518]]
for selection, in accordance with the Act (38 U.S.C. 2044(a)(4) and 38
U.S.C. 2044(a)(5)), VA would: (1) Give preference to applicants that
provide or coordinate the provision of supportive services for very
low-income veteran families transitioning from homelessness to
permanent housing, and (2) ensure, to the extent practicable, that the
supportive services grants are equitably distributed across geographic
regions, including rural communities and tribal lands. The supportive
services grant application would require applicants to identify the
target populations and the area or community that the applicant
proposes to serve. VA would use this information in the selection of
grantees to ensure VA is complying with the Act's requirements for
distribution of supportive services grants.
Subject to the preference and equitable distribution requirement
described in proposed Sec. 62.23(d), VA would fund the highest-ranked
applicants for which funding is available, within the highest funding
priority group, if any. Under proposed Sec. 62.40, VA would be able to
choose to include funding priorities in the Notice of Fund Availability
in order to meet the mandates of the Act (38 U.S.C. 2044) and VA goals
for the SSVF Program. If funding priorities have been established, to
the extent funding is available and subject to proposed Sec. 62.23(d),
VA would select applicants in the next highest funding priority group
based on their rank within that group.
62.24 Scoring Criteria for Grantees Applying for Renewal of Supportive
Services Grants
Proposed Sec. 62.24 describes the criteria VA would use to score
grantees applying for renewal of a supportive services grant. Utilizing
criteria specific to renewal applications would help VA more
appropriately evaluate grantees who are already operating programs.
Accordingly, as described in proposed Sec. 62.24, VA would award
points to a grantee seeking renewal based upon the grantee's program's
success, cost-effectiveness, and compliance with VA goals and
requirements.
62.25 Selecting Grantees for Renewal of Supportive Services Grants
Proposed Sec. 62.25 describes the process VA proposes using to
select grantees applying for renewal of supportive services grants.
This is a simplified version of the process used to initially award
supportive services grants.
In order to be considered for renewal, proposed Sec. 62.25(a)
requires grantees to continue to meet the threshold requirements
applicable to applicants in proposed Sec. 62.21. VA would score
grantees using the criteria in proposed Sec. 62.24 and rank grantees
who receive at least the minimum amount of total points and points per
category set forth in the Notice of Fund Availability. In accordance
with proposed Sec. 62.25(c), VA would fund the highest-ranked grantees
for which funding is available. The amount of supportive services grant
funds awarded to a grantee would be dependent upon the grantee's
request, the availability of funds, and any requirements described in
the Notice of Fund Availability.
62.26 Cost Sharing Requirement
Proposed Sec. 62.26 requires grantees to match a minimum of 10
percent of the amount of VA-provided supportive services grant funds
with cash resources or third party in-kind contributions from non-VA
sources. This requirement is intended to demonstrate the grantee's
commitment to the SSVF Program and ensure continuity of program
operations and assistance to participants. After reviewing comparable
programs' cost sharing requirements and acknowledging that grantees
will have varying amounts of resources, VA determined that 10 percent
would be an appropriate cost sharing requirement.
62.30 Supportive Service: Outreach Services
Proposed Sec. 62.30 prescribes outreach services, and it is the
first of five sections describing the types of supportive services that
grantees would provide through the SSVF Program. Outreach is critical
to the success of the SSVF Program. Outreach would help ensure that
supportive services are provided to very low-income veteran families
occupying permanent housing who are difficult to locate or serve, such
as those very low-income veteran families who live in rural areas, who
are not already receiving VA benefits, or who reside in permanent
housing but are at risk of losing such housing. Working with local
facilities and agencies would help grantees assist participants in
obtaining benefits of which the participants may not be aware. In
addition, contact with local groups who serve veterans would help
grantees identify additional participants.
62.31 Supportive Service: Case Management Services
To effectively assist participants in achieving housing stability,
grantees would need to provide case management services. Accordingly,
proposed Sec. 62.31 includes a listing of tasks to ensure that
applicants, grantees, and VA share the same understanding of ``case
management services.'' The proposed description of case management
services is based on the definitions of case management services
provided in other Federal programs, such as the Housing and Urban
Development-Veterans Affairs Supported Housing (HUD-VASH) Program, the
Department of Housing and Urban Development's Congregate Housing
Services Program (24 CFR 700.105), and the Department of Health and
Human Services' Medicare and Medicaid Services Program (42 CFR
440.169).
62.32 Supportive Service: Assistance in Obtaining VA Benefits
Grantees would provide an additional means for VA to notify
eligible veteran families of available VA benefits. Consequently, and
in accordance with the Act (38 U.S.C. 2044(b)(1)(C)), proposed Sec.
62.32 requires grantees to assist participants to obtain any benefits
from VA for which the participants are eligible. In light of 38 U.S.C.
ch. 59, as implemented in 38 CFR part 14, VA does not interpret the Act
to allow grantees to represent veterans in benefit claims before VA.
Nor does VA interpret the Act as requiring that grantees become
recognized organizations pursuant to 38 U.S.C. 5902 or that their
employees or members become accredited service organization
representatives, claims agents, or attorneys. Rather, benefit claims
assistance by grantees may include providing information about
available benefits and helping veterans locate a recognized veterans
service organization or accredited individual and other services short
of actual representation before VA, unless an individual employee or
agent of the grantee is appropriately accredited pursuant to 38 CFR
14.629.
62.33 Supportive Service: Assistance in Obtaining and Coordinating
Other Public Benefits
VA would expect grantees to maximize the number of participants who
will be served. Grantees may be able to directly provide many necessary
supportive services; however, in some situations it would be more
efficient for grantees to provide a referral for participants to obtain
services provided by another Federal, State, or local agency or an
eligible entity in the area or community served by the grantee.
Accordingly, and in accordance with
[[Page 24519]]
the Act (38 U.S.C. 2044(b)(1)(D)), proposed Sec. 62.33 requires
grantees to assist participants to obtain, and coordinate the provision
of, other public benefits that are being provided by Federal, State,
local, or tribal agencies, or any eligible entity in the area or
community served by the grantee.
Proposed Sec. 62.33 lists each of the examples of public benefits
set forth in the Act (38 U.S.C. 2044(b)(1)(D)) and includes a
definition for each listed public benefit. Most of the proposed
definitions are derived from existing Federal programs. The proposed
definitions are provided to ensure that applicants and grantees share
the same understanding as VA of what constitutes each of the listed
public benefits.
The Act (38 U.S.C. 2044(b)(1)) broadly defines supportive services
as those ``provided by an eligible entity or subcontractor of an
eligible entity that address the needs of very low-income veteran
families occupying permanent housing, including'' services specified
under the Act (38 U.S.C. 2044(b)(1)(A)-(D)). The use of ``including''
indicates that the list of services which follows is not intended to be
exhaustive. Hence, proposed Sec. 62.33(d)(1)-(2) and proposed Sec.
62.33(h)(2) permit direct payments from grantees for transportation and
child care needs. VA has defined such payments as supportive services
necessary to address the needs of very low-income veteran families
occupying permanent housing. VA recognizes that the availability of
adequate transportation and child care are important for obtaining and
maintaining employment, and, therefore, housing stability. Accordingly,
under proposed Sec. 62.33(d), grantees are authorized to provide
temporary transportation services to participants if the grantee
determines such assistance is necessary. Public transportation is
generally less expensive than maintenance of private vehicles and may
be more sustainable by both grantees and participants on a long-term
basis. Consequently, the preferred method of providing transportation
services under a supportive services grant would be the provision of
tokens, vouchers, or other appropriate instruments to participants for
use on public transportation. However, if an applicant determines that
public transportation options are not sufficient within the area or
community to be served, such as in a rural community, in the
applicant's supportive services grant application, the applicant would
be able to include costs related to the applicant's lease of vehicle(s)
for the purpose of providing transportation services to participants.
Proposed Sec. 62.33(h) authorizes grantees to make payments on
behalf of a participant to a State-licensed facility providing child
care services. Because the grantee's payment for child care services is
intended to be temporary, prior to making child care payments on behalf
of a participant, under the proposed rule, the grantee must help the
participant develop a reasonable plan to address the participant's
future ability to pay for child care services and assist the
participant to implement such plan. If this plan cannot reasonably be
developed, the proposed rule provides that supportive services grant
funds should not be expended on behalf of a participant for child care
services and other options should be considered by the grantee and the
participant. In accordance with the purpose of the SSVF Program,
grantees would be limited to providing payments for child care services
with supportive services grant funds for a maximum of 2 months in a
calendar year. The 2-month limitation is designed to prevent child care
services from consuming a disproportionate amount of supportive
services grant funds. Grantees should provide participants with
information on other available programs if long-term child care
assistance is needed.
62.34 Other Supportive Services
The Act (38 U.S.C. 2044(b)(1)) broadly defines supportive services
as those ``provided by an eligible entity or subcontractor of an
eligible entity that address the needs of very low-income veteran
families occupying permanent housing, including'' services specified
under the Act (38 U.S.C. 2044(b)(1)(A)-(D)). The use of ``including''
indicates that the list of services which follows is not intended to be
exhaustive. Hence, proposed Sec. 62.34 defines the payment of
temporary financial assistance in certain instances as a supportive
service that VA has determined is necessary to address the needs of
very low-income veteran families occupying permanent housing.
To prevent imminent homelessness or assist currently homeless very
low-income veteran families who are scheduled to become residents of
permanent housing within 90 days pending the location or development of
suitable permanent housing, it may be necessary in certain
circumstances for the grantee to assist the participant in paying
certain expenses. Accordingly, VA proposes classifying the following as
a supportive service: Temporary financial assistance paid directly to a
third party on behalf of a participant for rental payments, penalties,
or fees; utility payments; security deposits; utility deposits; moving
costs; and emergency supplies.
For example, repeated failure to pay rent often leads to eviction,
leaving a veteran family to contend with homelessness in addition to
the initial lack of needed resources. A grantee's provision of
temporary financial assistance for rent, as provided in proposed Sec.
62.34, may be necessary to stabilize and maintain the participant's
occupancy in permanent housing while the participant locates other
resources that will help achieve housing stability on a long-term
basis. Similarly for the reasons discussed in connection with proposed
Sec. 62.33, it may be necessary for a grantee to provide temporary
assistance for transportation services or child care to maintain a
participant's occupancy in permanent housing.
Grantees would be able to provide this type of temporary financial
assistance if the grantee can reasonably determine that the payment by
the grantee for the item requested would help the participant remain in
permanent housing or obtain permanent housing as scheduled; if this
determination cannot be reached, the grantee would assist the
participant to obtain other types of available assistance.
Similar to the child care payments discussed above, as a condition
of the grantee's provision of temporary financial assistance for rental
or utility fee payments, rental or utility deposits, and moving costs,
the proposed rule requires the grantee to help the participant develop
and implement a plan to address the participant's future housing
stability. This requirement would limit the expenditure of supportive
services grant funds to situations where the outcome would be housing
stability for the participant.
To the extent that proposed Sec. 62.34 authorizes the provision of
temporary financial assistance on behalf of a participant, it is
generally on a temporary or infrequent basis. The proposed rule
includes time restrictions for the provision of temporary financial
assistance because the SSVF Program is not a long-term financial
assistance program; instead, if a participant needs long-term financial
assistance, the grantee would have a duty to connect the participant
with other programs providing such assistance. For example, rental
assistance is limited to 4 months during a 3-year period, and moving
costs may only be paid once in 3 years.
Proposed Sec. 62.34 contains additional restrictions. For example,
with respect to temporary rental payments described in proposed Sec.
62.34(a), rent payments would need to meet a ``rent
[[Page 24520]]
reasonableness'' standard, which is similar to the standard used by the
Department of Housing and Urban Development in certain programs.
Similarly, rental assistance in the form of payment of penalties or
fees would need to be reasonable and required to be paid by the
participant under an existing lease or court order. Further, grantees
cannot provide temporary financial assistance on behalf of a
participant for the same period of time and for the same cost types
that are being provided through another Federal, State or local
program. A restriction on the provision of ``emergency supplies'' is
provided in the proposed rule to ensure that grantees understand that
such assistance is intended to assist in the case of a temporary
emergency where supplies are necessary for the participant's life or
safety, and is not intended to permit regular or ongoing aid.
Under proposed Sec. 62.34(f), VA may identify additional services
in future Notices of Fund Availability, and grantees may request VA's
approval to provide a supportive service that is not listed in the
proposed rule or future Notices of Fund Availability.
62.35 Limitations on and Continuations of the Provision of Supportive
Services to Certain Participants
Proposed Sec. 62.35 discusses the provision of supportive services
to certain categories of participants (as described in proposed
Sec. Sec. 62.11(a)(2) and 62.11(a)(3)) and would authorize the
continuation of supportive services to a veteran's family member(s) in
the event of absence or death of the veteran.
The Act (38 U.S.C. 2044(b)(2)) authorizes the provision of
supportive services to a participant who is ``homeless and scheduled to
become a resident of permanent housing within 90 days pending the
location or development of housing suitable for permanent housing.'' VA
recognizes that a participant scheduled to move into permanent housing
may encounter unexpected delays, such as delays relating to
construction, housing application processing, or other circumstances
beyond the participant's control. The proposed rule would not require a
grantee to stop providing supportive services to a participant in the
event the participant does not become a resident of permanent housing
within the original 90-day period. In such instances, proposed Sec.
62.35(a) authorizes the grantee to continue providing supportive
services to the participant beyond the original 90-day period under
proposed Sec. 62.11(a)(2) so long as the participant continues to meet
the conditions of proposed Sec. 62.11(a)(2) by being homeless and
scheduled to become a resident of permanent housing within 90 days.
This approach is consistent with the SSVF Program's goal of assisting
participants to achieve housing stability and the Act's (38 U.S.C.
2044(a)(4)) requirement for VA to preference entities serving very low-
income veteran families transitioning from homelessness to permanent
housing.
In accordance with the Act (38 U.S.C. 2044(b)(3)), proposed Sec.
62.35(b)(1) limits the provision of supportive services to participants
classified under proposed Sec. 62.11(a)(3) until the earlier of (a)
the participant's commencement of other housing services adequate to
meet the participant's needs, or (b) 90 days from the date the
participant exits permanent housing. In accordance with the Act (38
U.S.C. 2044(b)(3)), proposed Sec. 62.35(b)(2) requires that all
supportive services provided to participants classified under proposed
Sec. 62.11(a)(3) be designed to support such families in their choice
to transition into housing that is responsive to their individual needs
and preferences.
Since the SSVF Program serves both veterans and their families,
consistent with the purposes of the Act, proposed Sec. 62.35(c)
requires grantees to establish a reasonable grace period during which a
veteran's family member(s) may continue to receive supportive services
if the veteran becomes absent from the household or dies. This grace
period would allow the veteran's family member(s) to continue receiving
supportive services for a maximum of 1 year from the date of the
absence or death of the veteran, subject to the requirements of
proposed Sec. 62.35(a) and (b). Participants could be harmed by the
sudden withdrawal of supportive services at a time when the participant
may most need such supportive services. The grace period would allow
the grantee discretion in establishing the duration of the grace period
because the grantee would be most familiar with the participant's
individualized needs.
If a participant becomes ineligible to receive supportive services
for any of the reasons described in proposed Sec. 62.35, proposed
Sec. 62.35(d) requires the grantee to provide the participant with
information on other available programs or resources.
62.36 General Operation Requirements
To ensure that grantees are expending supportive services grant
funds on eligible participants, proposed Sec. 62.36(a) requires
grantees to certify the eligibility of each participant for supportive
services and classify the participant under one of the categories set
forth in proposed Sec. 62.11(a). This certification and classification
must occur at least once every 3 months. In addition, grantees would be
required to maintain the confidentiality of records kept on
participants, as required by proposed Sec. 62.36(b). Pursuant to
proposed Sec. 62.36(c), grantees would be required to notify
participants of satisfaction surveys at certain times in order to
assist VA to evaluate grantees' performance and participants'
satisfaction with the supportive services they receive. To encourage
grantees to leverage other financial resources to ensure continuity of
program operations and assistance to participants, proposed Sec.
62.36(d) requires grantees to regularly assess how supportive services
grant funds can be used in conjunction with other available funds and
services.
62.37 Fee Prohibition
In accordance with the intent the Act, VA proposes that all very
low-income veteran families be eligible to receive supportive services
under the SSVF Program, regardless of whether such very low-income
veteran family is able to pay for such services. Accordingly, proposed
Sec. 62.37 prohibits grantees from charging a fee to very low-income
veteran families for providing supportive services that are funded with
amounts from a supportive services grant or cost-sharing funds.
However, as described in proposed Sec. Sec. 62.33(h) and 62.34,
grantees would be permitted to require a participant to share in the
cost of any rental or utility fee payment, rental or utility deposits,
moving costs, or child care costs which would be paid by the grantee on
behalf of the participant.
62.40 Notice of Fund Availability
Similar to the existing process in VA's Homeless Providers Grant
and Per Diem Program (38 CFR 61.60), in order to notify the public when
funds are available for supportive services grants, in accordance with
proposed Sec. 62.40, VA would publish a Notice of Fund Availability in
the Federal Register identifying such items as the location for
obtaining supportive services grant application packages; the date,
time, and place for submitting completed supportive services grant
applications; the estimated amount and type of funding available, such
as the amount of funds available for initial and renewal supportive
services grants; the length of term for supportive services grant
payments; and other information necessary for the supportive services
grant application process as determined
[[Page 24521]]
by VA. The Notice of Fund Availability may require applicants to submit
evidence of financial responsibility, such as financial statements and
an Internal Revenue Service certification, and VA would use this
information to confirm that applicants are financially responsible to
receive funds under the SSVF Program.
In addition, under the proposed rule, the Notice of Fund
Availability may include a minimum number of total points and points
per category that an applicant or grantee, as applicable, must receive
in order for a supportive services grant to be funded in order to
provide a minimal baseline which applicants or grantees, as applicable,
must meet. Under the proposed rule, VA would be able to choose to
include funding priorities in the Notice of Fund Availability in order
to meet the mandates of the Act (38 U.S.C. 2044) and VA goals for the
SSVF Program. For example, VA may decide to award a certain amount of
available supportive services grant funds to applicants in certain
areas or communities in order to fulfill the Act's requirement to
equitably distribute supportive services grants across geographical
regions (38 U.S.C. 2044(a)(5)). VA may limit the amount of supportive
services grant funds for specific supportive services in the Notice of
Fund Availability to ensure that grantees do not expend funds in a
manner inconsistent with VA's goals for the SSVF Program. For example,
the Notice of Fund Availability may prohibit a grantee from using more
than 10 percent of the supportive services grant funds for temporary
financial assistance; this requirement would ensure that the grantee
has sufficient funds to provide the other required supportive services.
Whether VA continues to fund any particular grantee from one year to
the next will depend upon the priorities announced in the Notice of
Fund Availability. For example, VA may decide to award a certain amount
of available supportive services grant funds to renewal applicants.
VA would also plan to notify interested parties of the availability
of supportive services grant funds on the appropriate VA Web site.
62.50 Supportive Services Grant Agreements
Upon selection, proposed Sec. 62.50 requires the applicant or
grantee, as applicable, to execute a supportive services grant
agreement with VA confirming compliance with all requirements of the
proposed rule and other terms and conditions required by VA. The
supportive services grant agreement would be enforceable against the
grantee, which would provide VA with assurance that the grantee would
use the supportive services grant funds in the manner described in the
supportive services grant application and in accordance with the
requirements of the proposed rule.
62.51 Payments Under the Supportive Services Grant
The Act (38 U.S.C. 2044(a)(3)(B)) authorizes VA to establish
intervals of payment for the administration of supportive services
grants and establish a maximum amount to be awarded, in accordance with
the supportive services being provided and their duration. Proposed
Sec. 62.51 notifies grantees that information regarding the timeframe
and manner of payment of supportive services grants would be described
in the Notice of Fund Availability. Including these requirements in the
Notices of Fund Availability allows VA flexibility to determine the
appropriate time and manner of payment of supportive services grants
during each funding cycle.
62.60 Program or Budget Changes and Corrective Action Plans
Proposed Sec. 62.60(a), which is derived from VA's Homeless
Providers Grant and Per Diem Program (38 CFR 61.62), would require
grantees to receive prior approval from VA in the form of an amendment
to the supportive services grant agreement before any significant
change to the grantee's program is implemented. Examples of significant
changes would include: A change in the grantee or any subcontractors
identified in the supportive services grant agreement, a change in the
area or community served by the grantee, additions or deletions of
supportive services provided by the grantee, a change in the category
of participants to be served, and a change in budget line items that
are more than 10 percent of the total supportive services grant award.
The grantee would be obligated to implement the agreed upon program
until such time, if any, that VA consents to a significant change.
The Act (38 U.S.C. 2044(a)(7)) permits VA to require grantees to
submit a report that describes the projects carried out using
supportive services grant funds. Proposed Sec. 62.60(b) provides that
if, on a quarterly basis, actual supportive services grant expenditures
vary from the amount disbursed to a grantee for that same quarter or
actual supportive services vary from the grantee's program description
provided in the supportive services grant agreement, VA may require the
grantee to submit a corrective action plan to demonstrate how the
grantee would adjust to meet the requirements of the supportive
services grant agreement in accordance with proposed Sec. 62.60(b).
The corrective action plan would explain how a grantee would adjust its
behavior in order to comply with the requirements of the supportive
services grant agreement, and the correction may involve an amendment
as described under proposed Sec. 62.60(a).
The requirements in proposed Sec. 62.60 would help VA maintain
control over the quality of the supportive services provided by
grantees and ensure that supportive services grant funds are not
misused.
62.61 Procedural Error
Similar to the existing process in VA's Homeless Providers Grant
and Per Diem Program (38 CFR 61.63), proposed Sec. 62.61 would
authorize VA to select an applicant for available funding, based on the
applicant's previously submitted application, if that applicant is not
selected because of VA's procedural error. This is intended to ease the
administrative burden on applicants and, under the proposed rule, may
be used in situations where there is no material change in the
application that would have resulted in the applicant's selection.
62.62 Religious Organizations
Proposed Sec. 62.62, which describes that religious or faith-based
organizations are eligible for supportive services grants and contains
certain conditions on the use of supportive services grant funds as it
relates to religious activities, is similar to the language used in the
regulations for VA's Homeless Providers Grant and Per Diem Program (38
CFR 61.64). This language is included in the proposed rule because VA
expects that religious or faith-based organizations may apply for
supportive services grants.
62.63 Visits To Monitor Operations and Compliance
Proposed Sec. 62.63 provides VA with the right, at all reasonable
times, to make visits to all grantee locations where a grantee is using
supportive services grant funds in order to review grantee
accomplishments and management control systems and to provide such
technical assistance as may be required. VA may also conduct
inspections of all program locations and records of a grantee at such
times as are deemed necessary to determine compliance with the
provisions of this part. In the event that a grantee delivers services
in a participant's home, or at a
[[Page 24522]]
location away from the grantee's place of business, VA may accompany
the grantee. If the grantee's visit is to the participant's home, VA
will only accompany the grantee with the consent of the participant.
These provisions are critical for VA oversight over supportive services
grants.
62.70 Financial Management and Administrative Costs
Proposed Sec. 62.70 requires grantees to comply with applicable
Office of Management and Budget requirements and VA's standards for
financial management for grants and agreements with institutions of
higher education, hospitals, and other non-profit organizations (38 CFR
49.21). This provision is included in the proposed rule to ensure
grantees are aware of additional requirements with which they must
comply.
Proposed Sec. 62.70(e) requires that costs for administration by a
grantee do not exceed 10 percent of the total amount of a supportive
services grant, which, as explained above in the discussion regarding
proposed Sec. 62.10, VA has determined to be reasonable and consistent
with the purpose of the SSVF Program. This requirement would ensure
that the vast majority of supportive services grant funds (90 percent)
are used to provide supportive services to participants, which is the
purpose of the SSVF Program.
62.71 Grantee Reporting Requirements
The Act (38 U.S.C. 2044(a)(7)) permits VA to require grantees to
submit a report that describes projects carried out using supportive
services grant funds. To obtain the information VA deems necessary to
analyze and monitor a grantee's performance, proposed Sec. 62.71
contains reporting requirements for grantees to provide information (in
such form as may be prescribed by VA) as VA determines necessary to
carry out the SSVF Program. Under the proposed rule, grantees must
report, on a quarterly basis, any instances when actual supportive
services grant expenditures vary from the amount disbursed to a grantee
for that same quarter or actual supportive services grant activities
vary from the grantee's program description provided in the supportive
services grant agreement; this information may lead VA to require a
corrective action plan, as described under proposed Sec. 62.60(b).
Proposed Sec. 62.71(f) requires grantees to provide VA with
consent to post information from reports on the Internet and use such
information in other ways deemed appropriate by VA. Under the proposed
rule, grantees are required to clearly mark information that is
confidential to individual participants. VA may post portions of the
reports on the Internet so that the public has a greater understanding
of the SSVF Program. In addition, VA may use the information for
promotional or evaluation purposes.
62.72 Recordkeeping
Proposed Sec. 62.72 requires grantees to keep records, and
maintain such records for at least a 3 year period, to document
compliance with the SSVF Program requirements. Under the proposed rule,
grantees would need to produce these records at VA's request. This
would assist VA in providing oversight over grantees. In addition, this
proposed rule would help VA comply with the Act, which requires VA to
study the effectiveness of the program. Public Law 110-387, section
604(c).
62.73 Technical Assistance
Under the Act (38 U.S.C. 2044(d)), proposed Sec. 62.73 explains
that VA would provide technical assistance, as necessary, to eligible
entities to meet the requirements of the proposed rule. The technical
assistance may consist of activities related to the planning,
development, and provision of supportive services to very low-income
veteran families occupying permanent housing.
In addition to other forms of technical assistance that would be
provided, VA will develop a program guide to be used by applicants,
grantees, VA staff members, and other interested third parties to
assist with understanding and implementing the SSVF Program.
62.80 Withholding, Suspension, Deobligation, Termination, and Recovery
of Funds By VA
In accordance with proposed Sec. 62.80, VA may recover from
grantees any funds that are not used in accordance with the SSVF
Program requirements. In addition, the proposed rule provides that if a
grantee fails to comply with these requirements, upon 7 days notice to
the grantee, VA may withhold further payment, suspend the supportive
services grant, or prohibit the grantee from incurring additional
obligations of supportive services grant funds. Proposed Sec.
62.80(c)(1)-(3) provides that VA may terminate a supportive services
grant in whole or in part only if the grantee: (1) Materially fails to
comply with the terms and conditions of a supportive services grant
award or the proposed rule; (2) consents to a termination; or (3) sends
written notification setting forth the reasons for termination, the
effective date, and in the case of partial termination, the portion to
be terminated. In the event VA determines a grantee's requested partial
termination would not accomplish the purposes of the supportive
services grant, the proposed rule would permit VA to terminate the
supportive services grant under proposed Sec. 62.80(c)(1) or Sec.
62.80(c)(2).
The proposed rule provides that VA may deobligate all or a portion
of the amounts approved for use by a grantee if, in accordance with
proposed Sec. 62.80(d), (1) the activity for which funding was
approved is not provided in accordance with the approved application
and the SSVF Program requirements, (2) such amounts have not been
expended within 1 year from the date the supportive services grant
agreement was signed, or (3) other circumstances set forth in the
supportive services grant agreement authorize or require such
deobligation. Under the proposed rule, VA may advertise in a Notice of
Fund Availability the availability of funds that have been deobligated
or may award deobligated funds to applicants who have previously
submitted applications in response to the most recently published
Notice of Fund Availability.
The requirements in proposed Sec. 62.80 would help VA ensure that
grant funds are used appropriately. Similar requirements are used in
VA's Homeless Providers Grant and Per Diem Program (38 CFR 61.67) and
VA's regulations regarding uniform requirements for grants and
agreements with institutions of higher education, hospitals, and other
non-profit organizations (38 CFR 49.61 and 38 CFR 49.62), and VA has
found that they are adequate to safeguard, and maximize optimal use of,
grant funds.
62.81 Supportive Services Grant Closeout Procedures
Proposed Sec. 62.81 contains closeout procedures for a supportive
services grant which are similar to the procedures established in VA's
regulations regarding uniform requirements for grants and agreements
with institutions of higher education, hospitals, and other non-profit
organizations (38 CFR 49.71). No later than 90 days after the date of
completion of a supportive services grant, the proposed rule provides
that the grantee must refund to VA any unobligated balance of
supportive services grant funds the grantee is not authorized to retain
and submit all financial, performance and other reports as required by
VA to closeout the supportive services grant. VA would retain the right
to recover appropriate
[[Page 24523]]
amounts from grantees if final audits are completed after the date of
completion.
Paperwork Reduction Act
This proposed rule includes provisions constituting collections of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521)
that require approval by the Office of Management and Budget (OMB).
Accordingly, under section 3507(d) of the Act, VA has submitted a copy
of this rulemaking to OMB for review. OMB assigns control numbers to
collections of information it approves. Except for emergency approvals
under 44 U.S.C. 3507(j), VA may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The proposed rule at
proposed Sec. Sec. 62.20, 62.36(c), 62.60, and 62.71 contains
collections of information under the Paperwork Reduction Act (44 U.S.C.
3501-3521). Accordingly, under section 3507(d) of the Act, VA has
submitted a copy of this rulemaking action to OMB for its review of the
collections of information. VA has requested OMB to approve the
collection of information on an emergency basis by June 4, 2010. This
date is consistent with the shortened comment period for comments on
the proposed rule and will help avoid a delay in implementation of the
SSVF Program. The increased services and funding provided by the SSVF
Program are critical to both achieve VA's goal of eliminating veteran
homelessness and meet the Congressional mandates for this program. In
addition, because the SSVF program would also support VA's homelessness
prevention efforts, a delay in funding disbursement may even lead to an
increase in homelessness among very low-income veteran families.
Therefore, the need to take action is particularly great for those
veterans and their families who would benefit from the increased
supportive services funded by the SSVF Program. If OMB does not approve
the collections of information as requested, VA will immediately remove
the provisions containing a collection of information or take such
other action as is directed by OMB.
Comments on the collections of information contained in this
proposed rule should be submitted to the Office of Management and
Budget, Attention: Desk Officer for the Department of Veterans Affairs,
Office of Information and Regulatory Affairs, Washington, DC 20503,
with copies sent by mail or hand delivery to: The Director, Office of
Regulation Policy and Management (02REG), Department of Veterans
Affairs, 810 Vermont Ave, NW., Room 1068, Washington, DC 20420; fax to
(202) 273-9026; or through https://www.Regulations.gov. Comments should
indicate that they are submitted in response to ``RIN 2900-AN53.''
Because VA has requested OMB to approve the collections of
information on an emergency basis, a comment to OMB is best assured of
having its full effect if OMB receives it within 30 days of
publication.
VA considers comments by the public on proposed collections of
information in--
Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of VA,
including whether the information will have practical utility;
Evaluating the accuracy of VA's estimate of the burden of
the proposed collections of information, including the validity of the
methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collections of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The proposed amendments to title 38, CFR chapter I contain
collections of information under the Paperwork Reduction Act for which
we are requesting approval by OMB. These collections of information are
described immediately following this paragraph, under their respective
titles.
Title: Supportive Services for Veteran Families Program.
Summary of collection of information: The proposed rule at proposed
Sec. 62.20 contains application provisions for supportive services
grants. The proposed rule at proposed Sec. 62.36(c) contains a
reference to participant satisfaction surveys. The proposed rule at
proposed Sec. 62.60 contains provisions for program or budget changes
and submission of corrective action plans. The proposed rule at
proposed Sec. 62.71 contains requirements for compliance reports.
Application Provisions for SSVF Program
Description of the need for information and proposed use of
information: This information is needed to award supportive services
grants to eligible entities.
Description of likely respondents: Non-profit private organizations
and consumer cooperatives requesting a supportive service grant.
Estimated number of respondents per year: 100.
Estimated frequency of responses per year: 1.
Estimated total annual reporting and recordkeeping burden: 3,500
hours.