Supportive Services for Veteran Families Program, 68975-68989 [2010-28407]
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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Rock
Island Railroad and Highway
Drawbridge across the Upper
Mississippi River, mile 482.9, at Rock
Island, Illinois. The deviation is
necessary to allow the bridge owner
time to perform preventive maintenance
and critical repairs that are essential to
the continued safe operation of the
drawbridge. This deviation allows the
bridge to be maintained in the closed to
navigation position for fifty-six days.
DATES: This deviation is effective from
7:30 a.m., January 4, 2011 to 7:30 a.m.
February 28, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0998 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0998 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Eric A. Washburn, Bridge
Administrator, Coast Guard; telephone
314–269–2378, e-mail
Eric.Washburn@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The U.S.
Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed to navigation position for
56 days from 7:30 a.m., January 4, 2011
to 7:30 a.m., February 28, 2011 to allow
the bridge owner time for critical repairs
and preventive maintenance. In order to
perform extensive repairs and required
annual maintenance, the bridge must be
kept inoperative and in the closed to
navigation position. The Rock Island
Railroad and Highway Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
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SUMMARY:
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The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. The
drawbridge will not be able to open for
emergencies during the repair period.
This temporary deviation has been
coordinated with waterway users. No
objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 28, 2010.
Eric A. Washburn,
Bridge Administrator.
[FR Doc. 2010–28326 Filed 11–9–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 62
RIN 2900–AN53
Supportive Services for Veteran
Families Program
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
to establish the Supportive Services for
Veteran Families Program (SSVF
Program). These amendments
implement the provisions of section 604
of the Veterans’ Mental Health and
Other Care Improvements Act of 2008
(Act). The purpose of the SSVF Program
is to provide supportive services grants
to private non-profit organizations and
consumer cooperatives who will
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: This final rule is effective
December 10, 2010.
FOR FURTHER INFORMATION CONTACT: John
Kuhn, National Center for Homelessness
Among Veterans, Supportive Services
for Veteran Families Program Office,
4100 Chester Avenue, Suite 200,
SUMMARY:
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68975
Philadelphia, PA 19104, (877) 737–0111
(this is a toll-free number).
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register (75 FR 24514) on May 5, 2010,
VA proposed to establish a new 38 CFR
part 62 consisting of regulations
captioned ‘‘SUPPORTIVE SERVICES
FOR VETERAN FAMILIES PROGRAM’’
(referred to below as the proposed rule).
This document adopts as a final rule,
with changes discussed below, the
proposed rule. This final rule
establishes regulations concerning the
SSVF Program and is necessary to
implement section 604 of the Act,
which is codified at 38 U.S.C. 2044.
VA provided a 30-day comment
period that ended on June 4, 2010. VA
received four submissions during this
comment period on the proposed rule.
One submission consisted of an inquiry
about the timing for the award of
supportive services grants, but did not
contain any substantive comments on
the proposed rule. The subject matter of
the other submissions can be grouped
into several categories, and we have
organized our discussion of the
comments accordingly.
Selecting Applicants To Receive
Supportive Services Grants
Two commenters provided
recommendations regarding the scoring
criteria used to rate applicants fulfilling
the threshold requirements. Proposed
§ 62.22 described the scoring criteria VA
would use to score applicants fulfilling
the threshold requirements.
One commenter recommended that
proposed § 62.22(b)(2), the scoring
criterion regarding the applicant’s
outreach and screening plan, include an
examination of the thoroughness of
coverage by using available data to
estimate the total number of veterans
who could be eligible for participation
over the course of a year, and then to
determine the percentage of veterans in
the applicant’s area or community that
will be contacted through outreach and
screening.
We agree that the estimated number of
participants and percentage of very lowincome veterans served in an area or
community should be considered when
scoring the supportive services grant
application; however, we think this can
be better addressed through the scoring
criterion relating to the need for
program (§ 62.22(b)(1)) rather than the
scoring criterion relating to the outreach
and screening plan (§ 62.22(b)(2)).
Section 62.20(a)(3) of the proposed rule
stated that a complete supportive
services grant application would
include ‘‘an estimate with supporting
documentation of the number of very
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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.’’
We added in § 62.20(a)(3) that the
description of the area or community
must include ‘‘an estimate of the total
number of very low-income veteran
families occupying permanent housing
in such area or community.’’ In
accordance with § 62.22(b)(1)(i), points
will be awarded to an applicant who has
shown ‘‘a need amongst very lowincome veteran families occupying
permanent housing in the area or
community where the program will be
based.’’ To determine need, the
applicant’s response to the information
requested in § 62.20(a)(3) will be
evaluated.
One commenter stated that the
proposed rule did not include a scoring
criterion that would award points to
proposals that work with harder to serve
populations of chronically homeless
veterans. The commenter recommended
awarding additional points to applicants
serving chronically homeless veterans.
We agree that applicants should be
rewarded for targeting those very lowincome veteran families most in need of
supportive services. Therefore, we have
amended the scoring criterion in
§ 62.22(b)(2)(i) to include a reference to
the identification and assistance of
those ‘‘most in need of supportive
services.’’ We decline to make further
changes based on this comment because
§ 62.22(b)(6) allows points to be
awarded to applicants that meet VA’s
requirements, goals and objectives of the
SSVF Program as identified in the
regulations and the Notice of Fund
Availability. In the event that VA
wishes to target certain populations,
such as chronically homeless veterans,
VA can highlight this in the Notice of
Fund Availability and award points to
applicants meeting the stated goal. In
accordance with § 62.40(d) of the rule,
VA may also include priorities for
funding to meet the statutory mandates
of the Act and VA goals for the SSVF
Program in the Notice of Fund
Availability.
One commenter recommended that
specific goals should be included in the
scoring criterion regarding an
applicant’s ‘‘clear, realistic, and
measurable goals’’ set forth in proposed
§ 62.22(c)(1). To more clearly specify the
types of goals the applicant will receive
points for describing, we have changed
the criterion in § 62.22(c)(1) to describe
‘‘clear, realistic, and measurable goals
that reflect the Supportive Services for
Veteran Families Program’s aim of
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reducing and preventing homelessness
among very low-income veteran
families.’’
Selecting Applicants To Receive
Supportive Services Grants
Consistent with the Act (38 U.S.C.
2044(a)(4)), proposed § 62.23(d)(1)
provided that VA would prefer
applicants that provide, or coordinate
the provision of, supportive services for
very low-income veteran families
transitioning from homelessness to
permanent housing. One commenter
stated that this preference is ‘‘extremely
important’’ in order to ‘‘promote the
efficiency of this program at reducing
homelessness.’’ Because this preference
is already included in § 62.23(d)(1) of
the rule, no change is necessary based
upon this comment.
Scoring Criteria for Grantees Applying
for Renewal of Supportive Services
Grants
Proposed § 62.24 described the
scoring criteria VA would use to score
grantees applying for renewal of a
supportive services grant. Proposed
§ 62.24(a) provided that up to 55 points
would be awarded ‘‘based on the success
of the grantee’s program’’ and listed
certain criteria that would be used to
determine the success of the grantee’s
program. One commenter recommended
that ‘‘[s]coring criteria should include
success at reaching and serving veterans
who are at greatest risk of homelessness
or already homeless; and at reducing the
number of homeless veterans in the
service area.’’ We agree with the
comment, and add as § 62.24(a)(iv) and
§ 62.24(a)(v) of the rule the following
scoring criteria: ‘‘The grantee prevented
homelessness among very low-income
veteran families occupying permanent
housing that were most at risk of
homelessness;’’ and, ‘‘The grantee’s
program reduced homelessness among
very low-income veteran families
occupying permanent housing in the
area or community served by the
grantee.’’
Cost Sharing Requirement
Pursuant to proposed § 62.26, grantees
would be required to match a minimum
of 10 percent of the amount of VAprovided supportive services grant
funds with cash resources or third party
in-kind contributions from non-VA
sources. Under proposed § 62.22(d)(3),
an applicant would be awarded points
if the applicant exceeded the minimum
cost sharing requirement up to a certain
percentage as set forth in the Notice of
Fund Availability. The cost sharing
requirement was included in the
proposed rule to demonstrate the
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applicant’s commitment to the SSVF
Program and ensure continuity of
program operations and assistance to
participants.
One commenter recommended
removing the higher point threshold for
the match in proposed § 62.22(d)(3) and
including a waiver process that could
allow communities suffering budgetary
hardship to avoid the match
requirement. Another commenter
supported the matching requirement,
however, this commenter indicated that
it was an entity that received no
government funding for its existing
veteran homelessness programs.
We agree that some eligible entities
may find the match requirement to be so
burdensome that the eligible entity will
decide not to apply for the supportive
services grant or will incur a large
administrative burden to justify in-kind
consideration valuing 10 percent of the
supportive services grant request.
Because VA’s goals for the cost sharing
requirement can be met through other
means during the supportive services
grant application scoring process,
imposing a formal percentage
requirement is unnecessary. For
example, it is likely that applicants that
would have provided a match would
also score well in the categories of
financial capability and plan (see
§ 62.22(d)) and community linkages (see
§ 62.22(e)). Therefore, we have
eliminated all references to the cost
sharing requirement.
Supportive Service: Direct Provision of
Case Management and Other Services
Proposed § 62.31 described a listing of
baseline tasks that would fall within the
supportive service of ‘‘case
management.’’ One commenter
recommended that case management
should be defined to include the
services listed under ‘‘housing
counseling’’ in proposed § 62.33(i). The
commenter was under the impression
that under the proposed rule, grantees
could only provide referrals for housing
counseling, but could not directly
provide housing counseling services to
participants.
We agree that housing counseling will
be a critical part of a grantee’s
supportive services program and
recognize that a grantee may wish to
provide this service directly to
participants, rather than through a
referral. We have changed the
introduction to § 62.33 to clarify that
grantees may elect to directly provide to
participants the public benefits listed in
§ 62.33(c) through § 62.33(i), which
include housing counseling.
Alternatively, grantees may elect to
provide a referral for participants to
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obtain these public benefits through
another entity. Section 62.33 of the rule
gives the grantee the flexibility to
determine which of certain listed public
benefits, including housing counseling,
the grantee will provide and which will
be accomplished through referrals.
Housing counseling remains in § 62.33
to be consistent with our interpretation
of the supportive services structure
outlined in the Act (38 U.S.C.
2044(b)(1)(D)).
As discussed above, we have changed
the introduction to § 62.33 to clarify that
grantees may elect to directly provide to
participants the public benefits listed in
§ 62.33(c) through § 62.33(i). As stated
in the proposed rule, although grantees
may be able to directly provide many
necessary supportive services, 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.
The proposed rule specified that health
care services and daily living services
could be accomplished through
referrals; therefore, the final rule
clarifies that these supportive services
listed in § 62.33(a) and § 62.33(b) cannot
be provided directly to participants.
Supportive Service: Assistance in
Obtaining and Coordinating Other
Public Benefits
One commenter provided
recommendations relating to the
transportation and child care provisions
in proposed § 62.33. Proposed § 62.33
described the supportive service of
assistance in obtaining and coordinating
other public benefits.
Proposed § 62.33(d) authorized the
grantee to provide temporary
transportation services to participants if
the grantee determined that such
assistance was necessary. Specifically,
§ 62.33(d) described the provision of
tokens, vouchers, or other appropriate
instruments for use on public
transportation as the preferred method
of providing transportation services, but
also would allow the cost of vehicle
leases to be included in a supportive
services grant application if an
applicant determines that public
transportation options are not sufficient
within the area or community to be
served. The commenter stated that ‘‘in
more rural settings[,] excluding car
repair could be prohibitive for program
participants.’’
We agree with the comment. We have
added § 62.33(d)(3), which authorizes
grantees to provide assistance to a
participant needing car repairs or
maintenance in an amount not to exceed
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$1,000 during a 3-year period. Any
payments for car repairs or maintenance
must be required to operate the vehicle,
be reasonable, be paid directly to the
third party repairing the car, and
directly allow the participant to remain
in permanent housing or obtain
permanent housing. The $1,000 cap per
participant is included so that payments
for car repairs and maintenance do not
consume a disproportionate amount of
supportive services grant funds.
One commenter recommended
removing the requirement in § 62.33(h)
that a facility providing child care
services pursuant to payments from the
grantee be State-licensed because ‘‘home
run daycare and other alternatives might
be just as sufficient in many
communities.’’
For safety reasons, we do not think
that all licensing standards regarding
child care providers should be removed;
however, we agree that it would be
beneficial to broaden the entities that
would qualify as eligible child care
providers. Accordingly, a definition of
eligible child care provider is included
in § 62.2 of the rule that is consistent
with the broader definition used by the
Department of Health and Human
Services (HHS) for their Child Care and
Development Block grant (42 U.S.C.
9859(2)). Recipients of supportive
services grant funds for child care may
also be recipients of funds under HHS
grant programs, so it will be helpful to
use a definition consistent with that
used by HHS. The broader HHS
definition includes child care providers
that are ‘‘licensed, regulated, registered,
or otherwise legally operating, under
state and local law,’’ which, in some
jurisdictions, may include home run
daycares.
The commenter also requested that
VA consider removing the 2-month per
calendar year limit on child care
services payments by grantees under
§ 62.33(h) to allow grantees to determine
and prioritize need within their
jurisdiction. Although we agree that it is
important to allow grantees to use some
discretion in determining how
supportive services grant funds should
be expended, we also believe it is
necessary to limit the duration of child
care service expenditures in order to
prevent child care services from
consuming a disproportionate amount
of supportive services grant funds.
However, in response to the comment,
we agree that 2 months may not be long
enough to identify and obtain other
assistance; hence, we have extended the
time limitation in § 62.33(h)(2)(i) from 2
months during a calendar year to 4
months in any 12-month period
beginning on the date that the grantee
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first pays for child care assistance.
‘‘Calendar year’’ is changed to ‘‘12-month
period’’ to more accurately reflect VA’s
intention for the limitation, which is
that the assistance be both short-term
and temporary, not that it only be
provided for a short time during a
particular calendar year.
Other Supportive Services
Two commenters recommended that a
longer time period be authorized for
rental assistance. Proposed § 62.34(a)
authorized the payment of rental
assistance on behalf of a participant for
a maximum of 4 months during a 3-year
period, with no more than 2 months of
assistance in any calendar year. One
commenter explained that some
grantees may provide more shallow
subsidies to participants for a longer
period of time if need be. Another
commenter recommended flexibility in
the area of rental subsidies and reliance
on outcome measures to provide
incentives to grantees to avoid
overspending on rental assistance.
We agree with the suggestion to
authorize a longer period of rental
assistance, with the expectation that
grantees will exercise discretion and
only provide the amount of rental
assistance that is necessary for a
participant to obtain or remain in
permanent housing. Hence, we have
extended the amount of time a
participant can receive rental assistance
to 8 months during a 3-year period, with
no more than 5 months of assistance
during any 12-month period. ‘‘Calendar
year’’ is changed to ‘‘12-month period’’ to
more accurately reflect VA’s intention
for the limitation, which is that the
assistance be both short-term and
temporary, not that it only be provided
for a short time during a particular
calendar year. We have similarly
changed the ‘‘calendar year’’ limitation
in § 62.34(b)(1) on temporary financial
assistance for utility-fee payment
assistance to a ‘‘12-month period.’’
One commenter suggested that the
duration limitation on the provision of
rental assistance could be mitigated by
increasing the funding flexibility of
other VA programs. We do not respond
to these comments in this notice as they
are beyond the scope of this rulemaking.
Section 62.34(e) authorizes a grantee
to purchase emergency supplies for a
participant on a temporary basis.
Section 62.2 defines ‘‘emergency
supplies’’ as ‘‘items necessary for a
participant’s life or safety that are
provided in order to address the
participant’s emergency situation.’’ One
commenter recommended providing a
more detailed definition of emergency
supplies, and specifying their allowed
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use. The commenter explained,
‘‘Leaving it as broad as it is currently
stated leaves room for potential abuse
and waste of limited program dollars.’’
We have not further defined
emergency supplies or prescribed their
allowed use based on the comment.
Instead of providing an itemized list of
acceptable items in the rule, we expect
this to be determined by grantees on a
case-by-case basis in accordance with
the parameters provided in § 62.2,
which are that the items be ‘‘necessary
for a participant’s life or safety’’ and
provided ‘‘on a temporary basis in order
to address [an] emergency situation.’’
However, we share the commenter’s
concern about potential abuse of limited
program dollars; therefore, to ensure
that a disproportionate amount of funds
are not spent on emergency supplies, we
added a cap of $500 per participant
during a 3-year period in § 62.34(e)(1).
This same commenter recommended
imposing a budgetary cap for all
services paid for by a grantee under
§ 62.33. We decline to make any
changes based on this comment aside
from the $500 cap per participant for
emergency services as discussed above.
Through the programmatic oversight
provisions and reporting requirements,
and the enforcement provisions in
§ 62.80, VA expects to be able to
identify and address any inappropriate
activities of the grantee.
This commenter also recommended
that, ‘‘There should be language
instituted in the Final Rule to prevent
any grantee paying monies back to
themselves for activities that could not
be viewed as direct services to the
client.’’ We interpret this comment as
recommending that grantees be
prohibited from providing rental
assistance on behalf of a participant if
the grantee is also the participant’s
landlord.
We made no changes based on this
comment. Including such a change
would unnecessarily penalize grantees
who also serve as owners or managers
of units occupied by very low-income
veteran families. If the payment of
supportive services grant funds to a
grantee on behalf of a participant for
rental assistance would be appropriate,
reasonable, and meets the requirements
set forth in the rule, a grantee should be
able to make such a payment on behalf
of a participant. Through the
programmatic oversight provisions and
reporting requirements, and the
enforcement provisions in § 62.80, VA
expects to be able to identify and
address any inappropriate activities of
the grantee.
The proposed rule included a
condition that grantees providing
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temporary financial assistance would be
required to help the participant develop
a reasonable plan to address the
participant’s ability to pay for the item
for which assistance is being provided
(i.e. child care, rent, utilities, utilities or
security deposits, and moving costs) and
assist the participant to implement such
plan. One commenter explained that
‘‘[t]he experience of effective
prevention/re-housing programs
indicates that this provision is
important but needs to go further,’’
stating that ‘‘[t]he rule should allow and
encourage grantees to continue to work
to provide social services to the
veterans, to not only make a plan but
also to implement it, through
coordination with employment services,
benefits and other help that is offered by
the VA and other providers.’’
We agree. In §§ 62.33(h)(2)(iv) and
62.34, where a plan is required, we have
added the following additional
requirement: ‘‘Grantees must assist the
participant to implement such plan by
providing any necessary assistance or
helping the participant to obtain any
necessary public or private benefits or
services.’’
Another commenter supported the
idea of plans to address participants’
housing stability, but stated that ‘‘the
grantee cannot be held accountable for
ensuring that 100% of the veterans
served by their SSVF project will carry
out their case management plans * * *’’
VA will consider the factors included in
§ 62.25 when determining whether to
renew supportive services grants. None
of these factors contains a requirement
for a ‘‘100%’’ success rate for
implementation of plans prepared to
address participants’ housing stability.
Therefore, we make no changes based
on this comment.
General Operational Requirements
One commenter stated that the
proposed rule did not require grantees
to execute an agreement with a
participant or provide a summary of the
grantee’s supportive services grant
program to a participant. The
commenter recommended that, ‘‘A
simple one-two page participant
agreement providing an overview of the
program and the benefits of program
participation should be included for all
program participants to ensure they are
aware of the rules and restrictions of the
program as well as the eligible uses of
funds.’’
We agree. Providing potential
participants with information on the
grantee’s supportive services grant
program and any requirements
necessary to receive supportive services
would be beneficial to the participant.
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Therefore, a requirement for grantees to
notify participants of basic information
about the grantee’s supportive services
program and any conditions for the
receipt of supportive services is added
to § 62.36(c)(1).
Program Changes
One commenter recommended that
the rule also require grantees to notify
VA of changes to key personnel during
the grant term. We agree. Proposed
§ 62.60 identified certain program
changes about which the grantee would
be required to notify VA. Section 62.60
is intended to help VA maintain
oversight over the quality of the
supportive services provided by
grantees and prevent misuse of grant
funds. Changes in key personnel may
directly impact a grantee’s supportive
services grant program. Accordingly, we
have added § 62.60(c), which requires
grantees to inform VA in writing of key
personnel changes within 30 days of the
change. For similar reasons, § 62.60(c)
also requires grantees to notify VA if the
grantee changes its address.
Financial Management and
Administrative Costs
Proposed § 62.70 required grantees to
comply with certain Office of
Management and Budget (OMB)
requirements and certain VA standards
for financial management for grants and
agreements. One commenter
recommended simplifying this section.
We agree, and therefore a streamlined
version of this section is included in the
rule. In addition, to be more specific,
rather than referring to the ‘‘applicable
requirements of the appropriate OMB
Circulars for Cost Principles,’’ § 62.70(b)
of the rule specifies that grantees must
comply with the requirements set forth
in OMB Circular A–110, Subpart C,
Section 21, codified at 2 CFR 215.21; 38
CFR 49.21.
Paperwork Reduction Act
OMB assigns a control number for
each collection 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.
In the proposed rule, we stated that
proposed §§ 62.20, 62.36(c), 62.60, and
62.71 contain collection of information
provisions under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521), and that we had requested public
comment on those provisions in the
notice published in the Federal Register
on May 5, 2010 (75 FR 24523–24524).
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We did not receive any comments on
the proposed collection of information
which is pending at OMB for approval.
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Executive Order 12866
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,
budgetary, legal, and policy
implications of this 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.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final 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
final 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 final
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 final rule is exempt from the initial
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and final regulatory flexibility analysis
requirement of sections 603 and 604.
PART 62—SUPPORTIVE SERVICES
FOR VETERAN FAMILIES PROGRAM
Unfunded Mandates
Sec.
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.
62.30 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.
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 final
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 final
rule.
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 September 10, 2010, for
publication.
List of Subjects in 38 CFR Part 62
Administrative practice and
procedure, Day care, Disability benefits,
Government contracts, Grant
programs—health, 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: November 5, 2010.
William F. Russo,
Director, Regulations Management, Office of
General Counsel, Department of Veterans
Affairs.
For the reasons stated in the preamble,
VA amends 38 CFR chapter I by adding
part 62 to read as follows:
■
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(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.
(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:
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Applicant means an eligible entity
that submits an application for a
supportive services grant announced in
a Notice of Fund Availability.
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 child care provider means a
provider of child care services for
compensation, including a provider of
care for a school-age child during nonschool hours, that—
(1) Is licensed, regulated, registered,
or otherwise legally operating, under
state and local law; and
(2) Satisfies the state and local
requirements, applicable to the child
care services the provider provides.
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
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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;
(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.
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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.’’
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)
§ 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
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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
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.
Note to paragraph (a): 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)
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§ 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
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applicant and a description of the area
or community where such very lowincome veteran families are located,
including an estimate of the total
number of very low-income veteran
families occupying permanent housing
in such area or community;
(4) Documentation evidencing the
experience of the applicant and any
identified subcontractors in providing
supportive services to very low-income
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
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68981
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;
(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; and
(h) The applicant is not in default by
failing to meet the requirements for any
previous Federal assistance.
(Authority: 38 U.S.C. 501, 2044)
§ 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
low-income 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.
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(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.
(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 lowincome 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 and are most in
need of 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
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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,
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 that reflect the
Supportive Services for Veteran
Families Program’s aim of reducing and
preventing homelessness among very
low-income veteran families 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.
(e) VA will award up to 10 points
based on the applicant’s area or
community linkages and relations, as
demonstrated by the following:
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(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
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)
§ 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.
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(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
funding priority group based on their
rank within that group.
(Authority: 38 U.S.C. 501, 2044)
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§ 62.24 Scoring criteria for grantees
applying for renewal of supportive services
grants.
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:
(1) Participants made progress in
achieving housing stability.
(2) Participants were satisfied with
the supportive services provided by the
grantee.
(3) The grantee implemented the
program and delivered supportive
services to participants in a timely
manner.
(4) The grantee prevented
homelessness among very low-income
veteran families occupying permanent
housing that were most at risk of
homelessness.
(5) The grantee’s program reduced
homelessness among very low-income
veteran families occupying permanent
housing in the area or community
served by the grantee.
(b) VA will award up to 30 points
based on the cost-effectiveness of the
grantee’s program, as demonstrated by
the following:
(1) The cost per participant household
was reasonable.
(2) 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:
(1) The grantee’s program was
administered in accordance with VA’s
goals for the Supportive Services for
Veteran Families Program.
(2) The grantee’s program was
administered in accordance with all
applicable laws, regulations, and
guidelines.
(3) The grantee’s program was
administered in accordance with the
grantee’s supportive services grant
agreement.
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(Authority: 38 U.S.C. 501, 2044)
§ 62.25 Selecting grantees for renewal of
supportive services grants.
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
will fund the highest-ranked grantees
for which funding is available.
(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)
§ 62.31 Supportive service: Case
management services.
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;
(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;
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(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)
§ 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, including at a
minimum those listed in paragraphs (a)
through (i) below, that are being
provided by Federal, State, local, or
tribal agencies, or any eligible entity in
the area or community served by the
grantee by referring the participant to
and coordinating with such entity. If a
public benefit is not being provided by
Federal, State, local, or tribal agencies,
or any eligible entity in the area or
community, the grantee is not required
to obtain, coordinate, or provide such
public benefit. Grantees may also elect
to provide directly to participants the
public benefits identified in paragraphs
(c) through (i) below. When grantees
directly provide such benefits, the
grantees must comply with the same
requirements as a third party provider of
such benefits.
(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;
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(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.
(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
directly to participants if the grantee
determines such assistance is necessary;
however, the preferred method of direct
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.
(3) The grantee may make payments
on behalf of a participant needing car
repairs or maintenance required to
operate the vehicle if the payment will
allow the participant to remain in
permanent housing or obtain permanent
housing, subject to the following:
(i) Payments for car repairs or
maintenance on behalf of the participant
may not exceed $1,000 during a 3-year
period, such period beginning on the
date the grantee first pays for any car
repairs or maintenance on behalf of the
participant.
(ii) Payments for car repairs or
maintenance must be reasonable and
must be paid by the grantee directly to
the third party that repairs or maintains
the car.
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(iii) Grantees may require participants
to share in the cost of car repairs or
maintenance as a condition of receiving
assistance with car repairs or
maintenance.
(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 an eligible child care
provider that provides child care with
sufficient 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 by an eligible
child care provider.
(i) Payments for child care services
must be paid by the grantee directly to
an eligible child care provider and
cannot exceed a maximum of 4 months
in a 12-month period beginning on the
date that the grantee first pays for child
care services on behalf of a participant.
(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. Grantees must assist
the participant to implement such plan
by providing any necessary assistance or
helping the participant to obtain any
necessary public or private benefits or
services.
(i) Housing counseling, which
includes the provision of counseling
relating to the stabilization of a
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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
remain in permanent housing or obtain
permanent housing.
(1) A participant may receive rental
assistance for a maximum of 8 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 5 months in any 12-month period
beginning on the date that the grantee
first pays rent on behalf of the
participant. 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
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to pay rent. Grantees must assist the
participant to implement such plan by
providing any necessary assistance or
helping the participant to obtain any
necessary public or private benefits or
services.
(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
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
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of the participant; provided, however,
that a participant cannot receive
payments for utilities for more than 2
months in any 12-month period
beginning on the date that the grantee
first pays a utility payment on behalf of
the participant. 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. Grantees must assist the
participant to implement such plan by
providing any necessary assistance or
helping the participant to obtain any
necessary public or private benefits or
services.
(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
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
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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. Grantees must assist
the participant to implement such plan
by providing any necessary assistance or
helping the participant to obtain any
necessary public or private benefits or
services.
(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.
Grantees must assist the participant to
implement such plan by providing any
necessary assistance or helping the
participant to obtain any necessary
public or private benefits or services.
(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.
(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. The
costs for such emergency supplies shall
not exceed $500 per participant during
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a 3-year period, such period beginning
on the date that the grantee first pays for
an emergency supply on behalf of the
participant.
(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
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)
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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.
§ 62.37
(Authority: 38 U.S.C. 501, 2044)
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.
§ 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 of the
following:
(i) The supportive services are being
paid for, in whole or in part, by VA;
(ii) The supportive services available
to the participant through the grantee’s
program; and
(iii) Any conditions or restrictions on
the receipt of supportive services by the
participant.
(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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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.
(Authority: 38 U.S.C. 501, 2044)
§ 62.40
Notice of Fund Availability.
(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
and reports for program monitoring and
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Grantees are to be paid in accordance
with the timeframes and manner set
forth in the Notice of Fund Availability.
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.
(c) Grantees must inform VA in
writing of any key personnel changes
(e.g., new executive director, supportive
services grant program director, or chief
financial officer) and grantee address
changes within 30 days of the change.
(Authority: 38 U.S.C. 501, 2044)
(Authority: 38 U.S.C. 501, 2044)
§ 62.60 Program or budget changes and
corrective action plans.
§ 62.61
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)
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§ 62.51 Payments under the supportive
services grant.
(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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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.
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(2) For purposes of this section,
‘‘indirect financial assistance’’ means
Federal assistance in which a service
provider receives program funds
through a voucher, certificate,
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
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option to segregate the Federal funds or
commingle them. However, if the funds
are commingled, this provision applies
to all of the commingled funds.
(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)
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§ 62.63 Visits to monitor operations and
compliance.
(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)
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§ 62.70 Financial management and
administrative costs.
(a) 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
Governments, and Non-Profit
Organizations,’’ codified by VA at 38
CFR Part 41.
(b) Grantees must use a financial
management system that provides
adequate fiscal control and accounting
records and meets the requirements set
forth in OMB Circular A–110, Subpart
C, Section 21 (codified at 2 CFR 215.21)
and 38 CFR 49.21.
(c) 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.
(d) 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.
(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.
(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.
Note to paragraph (b): For information on
corrective action plans, which may be
required in this circumstance, see § 62.60.
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(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.
(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)
§ 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
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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), (2), or (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
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 (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)
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§ 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. 2010–28407 Filed 11–9–10; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2006–0132; FRL–9223–2]
Approval and Promulgation of
Implementation Plans; Texas; Excess
Emissions During Startup, Shutdown,
Maintenance, and Malfunction
Activities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is finalizing its
proposal to partially approve and
partially disapprove a revision to the
Texas State Implementation Plan (SIP)
submitted by the Texas Commission on
Environmental Quality (TCEQ) in a
letter dated January 23, 2006 (the
January 23, 2006 SIP submittal). Today’s
action finalizes our May 13, 2010
proposal that concerned revisions to 30
Texas Administrative Code (TAC)
Chapter 101, General Air Quality Rules,
Subchapter A General Rules; and
Subchapter F Emissions Events and
Scheduled Maintenance, Startup, and
Shutdown Activities. We are finalizing
our proposed approval of those portions
of the rule that are consistent with the
federal Clean Air Act (the Act or CAA),
and finalizing our proposed disapproval
of those portions of the rule that are
SUMMARY:
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68989
inconsistent with the Act. More
specifically, we are finalizing our
proposed disapproval of provisions that
provide for an affirmative defense
against civil penalties for excess
emissions during planned maintenance,
startup, or shutdown activities and
related provisions that contain
nonseverable cross-references to the
affirmative defense provision. A
disapproval of these provisions means
that an affirmative defense is not
available in an enforcement action in
Federal court to enforce the SIP for
violations due to excess emissions
during planned maintenance, startup, or
shutdown activities. We are taking this
action under section 110 of the Act.
This rule will be effective on
January 10, 2011.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2006–0132. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
ADDRESSES:
Mr.
Alan Shar, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6691, fax (214) 665–7263,
e-mail address shar.alan@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
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Agencies
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 68975-68989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28407]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 62
RIN 2900-AN53
Supportive Services for Veteran Families Program
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations to establish the Supportive Services for Veteran Families
Program (SSVF Program). These amendments implement the provisions of
section 604 of the Veterans' Mental Health and Other Care Improvements
Act of 2008 (Act). The purpose of the SSVF Program is to provide
supportive services grants to private non-profit organizations and
consumer cooperatives who will 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: This final rule is effective December 10, 2010.
FOR FURTHER INFORMATION CONTACT: John Kuhn, National Center for
Homelessness Among Veterans, Supportive Services for Veteran Families
Program Office, 4100 Chester Avenue, Suite 200, Philadelphia, PA 19104,
(877) 737-0111 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register (75 FR 24514) on May 5, 2010, VA proposed to establish a new
38 CFR part 62 consisting of regulations captioned ``SUPPORTIVE
SERVICES FOR VETERAN FAMILIES PROGRAM'' (referred to below as the
proposed rule). This document adopts as a final rule, with changes
discussed below, the proposed rule. This final rule establishes
regulations concerning the SSVF Program and is necessary to implement
section 604 of the Act, which is codified at 38 U.S.C. 2044.
VA provided a 30-day comment period that ended on June 4, 2010. VA
received four submissions during this comment period on the proposed
rule. One submission consisted of an inquiry about the timing for the
award of supportive services grants, but did not contain any
substantive comments on the proposed rule. The subject matter of the
other submissions can be grouped into several categories, and we have
organized our discussion of the comments accordingly.
Selecting Applicants To Receive Supportive Services Grants
Two commenters provided recommendations regarding the scoring
criteria used to rate applicants fulfilling the threshold requirements.
Proposed Sec. 62.22 described the scoring criteria VA would use to
score applicants fulfilling the threshold requirements.
One commenter recommended that proposed Sec. 62.22(b)(2), the
scoring criterion regarding the applicant's outreach and screening
plan, include an examination of the thoroughness of coverage by using
available data to estimate the total number of veterans who could be
eligible for participation over the course of a year, and then to
determine the percentage of veterans in the applicant's area or
community that will be contacted through outreach and screening.
We agree that the estimated number of participants and percentage
of very low-income veterans served in an area or community should be
considered when scoring the supportive services grant application;
however, we think this can be better addressed through the scoring
criterion relating to the need for program (Sec. 62.22(b)(1)) rather
than the scoring criterion relating to the outreach and screening plan
(Sec. 62.22(b)(2)). Section 62.20(a)(3) of the proposed rule stated
that a complete supportive services grant application would include
``an estimate with supporting documentation of the number of very
[[Page 68976]]
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 low-income veteran families are
located.'' We added in Sec. 62.20(a)(3) that the description of the
area or community must include ``an estimate of the total number of
very low-income veteran families occupying permanent housing in such
area or community.'' In accordance with Sec. 62.22(b)(1)(i), points
will be awarded to an applicant who has shown ``a need amongst very
low-income veteran families occupying permanent housing in the area or
community where the program will be based.'' To determine need, the
applicant's response to the information requested in Sec. 62.20(a)(3)
will be evaluated.
One commenter stated that the proposed rule did not include a
scoring criterion that would award points to proposals that work with
harder to serve populations of chronically homeless veterans. The
commenter recommended awarding additional points to applicants serving
chronically homeless veterans.
We agree that applicants should be rewarded for targeting those
very low-income veteran families most in need of supportive services.
Therefore, we have amended the scoring criterion in Sec.
62.22(b)(2)(i) to include a reference to the identification and
assistance of those ``most in need of supportive services.'' We decline
to make further changes based on this comment because Sec. 62.22(b)(6)
allows points to be awarded to applicants that meet VA's requirements,
goals and objectives of the SSVF Program as identified in the
regulations and the Notice of Fund Availability. In the event that VA
wishes to target certain populations, such as chronically homeless
veterans, VA can highlight this in the Notice of Fund Availability and
award points to applicants meeting the stated goal. In accordance with
Sec. 62.40(d) of the rule, VA may also include priorities for funding
to meet the statutory mandates of the Act and VA goals for the SSVF
Program in the Notice of Fund Availability.
One commenter recommended that specific goals should be included in
the scoring criterion regarding an applicant's ``clear, realistic, and
measurable goals'' set forth in proposed Sec. 62.22(c)(1). To more
clearly specify the types of goals the applicant will receive points
for describing, we have changed the criterion in Sec. 62.22(c)(1) to
describe ``clear, realistic, and measurable goals that reflect the
Supportive Services for Veteran Families Program's aim of reducing and
preventing homelessness among very low-income veteran families.''
Selecting Applicants To Receive Supportive Services Grants
Consistent with the Act (38 U.S.C. 2044(a)(4)), proposed Sec.
62.23(d)(1) provided that VA would prefer applicants that provide, or
coordinate the provision of, supportive services for very low-income
veteran families transitioning from homelessness to permanent housing.
One commenter stated that this preference is ``extremely important'' in
order to ``promote the efficiency of this program at reducing
homelessness.'' Because this preference is already included in Sec.
62.23(d)(1) of the rule, no change is necessary based upon this
comment.
Scoring Criteria for Grantees Applying for Renewal of Supportive
Services Grants
Proposed Sec. 62.24 described the scoring criteria VA would use to
score grantees applying for renewal of a supportive services grant.
Proposed Sec. 62.24(a) provided that up to 55 points would be awarded
``based on the success of the grantee's program'' and listed certain
criteria that would be used to determine the success of the grantee's
program. One commenter recommended that ``[s]coring criteria should
include success at reaching and serving veterans who are at greatest
risk of homelessness or already homeless; and at reducing the number of
homeless veterans in the service area.'' We agree with the comment, and
add as Sec. 62.24(a)(iv) and Sec. 62.24(a)(v) of the rule the
following scoring criteria: ``The grantee prevented homelessness among
very low-income veteran families occupying permanent housing that were
most at risk of homelessness;'' and, ``The grantee's program reduced
homelessness among very low-income veteran families occupying permanent
housing in the area or community served by the grantee.''
Cost Sharing Requirement
Pursuant to proposed Sec. 62.26, grantees would be required 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. Under proposed Sec. 62.22(d)(3), an
applicant would be awarded points if the applicant exceeded the minimum
cost sharing requirement up to a certain percentage as set forth in the
Notice of Fund Availability. The cost sharing requirement was included
in the proposed rule to demonstrate the applicant's commitment to the
SSVF Program and ensure continuity of program operations and assistance
to participants.
One commenter recommended removing the higher point threshold for
the match in proposed Sec. 62.22(d)(3) and including a waiver process
that could allow communities suffering budgetary hardship to avoid the
match requirement. Another commenter supported the matching
requirement, however, this commenter indicated that it was an entity
that received no government funding for its existing veteran
homelessness programs.
We agree that some eligible entities may find the match requirement
to be so burdensome that the eligible entity will decide not to apply
for the supportive services grant or will incur a large administrative
burden to justify in-kind consideration valuing 10 percent of the
supportive services grant request. Because VA's goals for the cost
sharing requirement can be met through other means during the
supportive services grant application scoring process, imposing a
formal percentage requirement is unnecessary. For example, it is likely
that applicants that would have provided a match would also score well
in the categories of financial capability and plan (see Sec. 62.22(d))
and community linkages (see Sec. 62.22(e)). Therefore, we have
eliminated all references to the cost sharing requirement.
Supportive Service: Direct Provision of Case Management and Other
Services
Proposed Sec. 62.31 described a listing of baseline tasks that
would fall within the supportive service of ``case management.'' One
commenter recommended that case management should be defined to include
the services listed under ``housing counseling'' in proposed Sec.
62.33(i). The commenter was under the impression that under the
proposed rule, grantees could only provide referrals for housing
counseling, but could not directly provide housing counseling services
to participants.
We agree that housing counseling will be a critical part of a
grantee's supportive services program and recognize that a grantee may
wish to provide this service directly to participants, rather than
through a referral. We have changed the introduction to Sec. 62.33 to
clarify that grantees may elect to directly provide to participants the
public benefits listed in Sec. 62.33(c) through Sec. 62.33(i), which
include housing counseling. Alternatively, grantees may elect to
provide a referral for participants to
[[Page 68977]]
obtain these public benefits through another entity. Section 62.33 of
the rule gives the grantee the flexibility to determine which of
certain listed public benefits, including housing counseling, the
grantee will provide and which will be accomplished through referrals.
Housing counseling remains in Sec. 62.33 to be consistent with our
interpretation of the supportive services structure outlined in the Act
(38 U.S.C. 2044(b)(1)(D)).
As discussed above, we have changed the introduction to Sec. 62.33
to clarify that grantees may elect to directly provide to participants
the public benefits listed in Sec. 62.33(c) through Sec. 62.33(i). As
stated in the proposed rule, although grantees may be able to directly
provide many necessary supportive services, 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.
The proposed rule specified that health care services and daily living
services could be accomplished through referrals; therefore, the final
rule clarifies that these supportive services listed in Sec. 62.33(a)
and Sec. 62.33(b) cannot be provided directly to participants.
Supportive Service: Assistance in Obtaining and Coordinating Other
Public Benefits
One commenter provided recommendations relating to the
transportation and child care provisions in proposed Sec. 62.33.
Proposed Sec. 62.33 described the supportive service of assistance in
obtaining and coordinating other public benefits.
Proposed Sec. 62.33(d) authorized the grantee to provide temporary
transportation services to participants if the grantee determined that
such assistance was necessary. Specifically, Sec. 62.33(d) described
the provision of tokens, vouchers, or other appropriate instruments for
use on public transportation as the preferred method of providing
transportation services, but also would allow the cost of vehicle
leases to be included in a supportive services grant application if an
applicant determines that public transportation options are not
sufficient within the area or community to be served. The commenter
stated that ``in more rural settings[,] excluding car repair could be
prohibitive for program participants.''
We agree with the comment. We have added Sec. 62.33(d)(3), which
authorizes grantees to provide assistance to a participant needing car
repairs or maintenance in an amount not to exceed $1,000 during a 3-
year period. Any payments for car repairs or maintenance must be
required to operate the vehicle, be reasonable, be paid directly to the
third party repairing the car, and directly allow the participant to
remain in permanent housing or obtain permanent housing. The $1,000 cap
per participant is included so that payments for car repairs and
maintenance do not consume a disproportionate amount of supportive
services grant funds.
One commenter recommended removing the requirement in Sec.
62.33(h) that a facility providing child care services pursuant to
payments from the grantee be State-licensed because ``home run daycare
and other alternatives might be just as sufficient in many
communities.''
For safety reasons, we do not think that all licensing standards
regarding child care providers should be removed; however, we agree
that it would be beneficial to broaden the entities that would qualify
as eligible child care providers. Accordingly, a definition of eligible
child care provider is included in Sec. 62.2 of the rule that is
consistent with the broader definition used by the Department of Health
and Human Services (HHS) for their Child Care and Development Block
grant (42 U.S.C. 9859(2)). Recipients of supportive services grant
funds for child care may also be recipients of funds under HHS grant
programs, so it will be helpful to use a definition consistent with
that used by HHS. The broader HHS definition includes child care
providers that are ``licensed, regulated, registered, or otherwise
legally operating, under state and local law,'' which, in some
jurisdictions, may include home run daycares.
The commenter also requested that VA consider removing the 2-month
per calendar year limit on child care services payments by grantees
under Sec. 62.33(h) to allow grantees to determine and prioritize need
within their jurisdiction. Although we agree that it is important to
allow grantees to use some discretion in determining how supportive
services grant funds should be expended, we also believe it is
necessary to limit the duration of child care service expenditures in
order to prevent child care services from consuming a disproportionate
amount of supportive services grant funds. However, in response to the
comment, we agree that 2 months may not be long enough to identify and
obtain other assistance; hence, we have extended the time limitation in
Sec. 62.33(h)(2)(i) from 2 months during a calendar year to 4 months
in any 12-month period beginning on the date that the grantee first
pays for child care assistance. ``Calendar year'' is changed to ``12-
month period'' to more accurately reflect VA's intention for the
limitation, which is that the assistance be both short-term and
temporary, not that it only be provided for a short time during a
particular calendar year.
Other Supportive Services
Two commenters recommended that a longer time period be authorized
for rental assistance. Proposed Sec. 62.34(a) authorized the payment
of rental assistance on behalf of a participant for a maximum of 4
months during a 3-year period, with no more than 2 months of assistance
in any calendar year. One commenter explained that some grantees may
provide more shallow subsidies to participants for a longer period of
time if need be. Another commenter recommended flexibility in the area
of rental subsidies and reliance on outcome measures to provide
incentives to grantees to avoid overspending on rental assistance.
We agree with the suggestion to authorize a longer period of rental
assistance, with the expectation that grantees will exercise discretion
and only provide the amount of rental assistance that is necessary for
a participant to obtain or remain in permanent housing. Hence, we have
extended the amount of time a participant can receive rental assistance
to 8 months during a 3-year period, with no more than 5 months of
assistance during any 12-month period. ``Calendar year'' is changed to
``12-month period'' to more accurately reflect VA's intention for the
limitation, which is that the assistance be both short-term and
temporary, not that it only be provided for a short time during a
particular calendar year. We have similarly changed the ``calendar
year'' limitation in Sec. 62.34(b)(1) on temporary financial
assistance for utility-fee payment assistance to a ``12-month period.''
One commenter suggested that the duration limitation on the
provision of rental assistance could be mitigated by increasing the
funding flexibility of other VA programs. We do not respond to these
comments in this notice as they are beyond the scope of this
rulemaking.
Section 62.34(e) authorizes a grantee to purchase emergency
supplies for a participant on a temporary basis. Section 62.2 defines
``emergency supplies'' as ``items necessary for a participant's life or
safety that are provided in order to address the participant's
emergency situation.'' One commenter recommended providing a more
detailed definition of emergency supplies, and specifying their allowed
[[Page 68978]]
use. The commenter explained, ``Leaving it as broad as it is currently
stated leaves room for potential abuse and waste of limited program
dollars.''
We have not further defined emergency supplies or prescribed their
allowed use based on the comment. Instead of providing an itemized list
of acceptable items in the rule, we expect this to be determined by
grantees on a case-by-case basis in accordance with the parameters
provided in Sec. 62.2, which are that the items be ``necessary for a
participant's life or safety'' and provided ``on a temporary basis in
order to address [an] emergency situation.'' However, we share the
commenter's concern about potential abuse of limited program dollars;
therefore, to ensure that a disproportionate amount of funds are not
spent on emergency supplies, we added a cap of $500 per participant
during a 3-year period in Sec. 62.34(e)(1).
This same commenter recommended imposing a budgetary cap for all
services paid for by a grantee under Sec. 62.33. We decline to make
any changes based on this comment aside from the $500 cap per
participant for emergency services as discussed above. Through the
programmatic oversight provisions and reporting requirements, and the
enforcement provisions in Sec. 62.80, VA expects to be able to
identify and address any inappropriate activities of the grantee.
This commenter also recommended that, ``There should be language
instituted in the Final Rule to prevent any grantee paying monies back
to themselves for activities that could not be viewed as direct
services to the client.'' We interpret this comment as recommending
that grantees be prohibited from providing rental assistance on behalf
of a participant if the grantee is also the participant's landlord.
We made no changes based on this comment. Including such a change
would unnecessarily penalize grantees who also serve as owners or
managers of units occupied by very low-income veteran families. If the
payment of supportive services grant funds to a grantee on behalf of a
participant for rental assistance would be appropriate, reasonable, and
meets the requirements set forth in the rule, a grantee should be able
to make such a payment on behalf of a participant. Through the
programmatic oversight provisions and reporting requirements, and the
enforcement provisions in Sec. 62.80, VA expects to be able to
identify and address any inappropriate activities of the grantee.
The proposed rule included a condition that grantees providing
temporary financial assistance would be required to help the
participant develop a reasonable plan to address the participant's
ability to pay for the item for which assistance is being provided
(i.e. child care, rent, utilities, utilities or security deposits, and
moving costs) and assist the participant to implement such plan. One
commenter explained that ``[t]he experience of effective prevention/re-
housing programs indicates that this provision is important but needs
to go further,'' stating that ``[t]he rule should allow and encourage
grantees to continue to work to provide social services to the
veterans, to not only make a plan but also to implement it, through
coordination with employment services, benefits and other help that is
offered by the VA and other providers.''
We agree. In Sec. Sec. 62.33(h)(2)(iv) and 62.34, where a plan is
required, we have added the following additional requirement:
``Grantees must assist the participant to implement such plan by
providing any necessary assistance or helping the participant to obtain
any necessary public or private benefits or services.''
Another commenter supported the idea of plans to address
participants' housing stability, but stated that ``the grantee cannot
be held accountable for ensuring that 100% of the veterans served by
their SSVF project will carry out their case management plans * * *''
VA will consider the factors included in Sec. 62.25 when determining
whether to renew supportive services grants. None of these factors
contains a requirement for a ``100%'' success rate for implementation
of plans prepared to address participants' housing stability.
Therefore, we make no changes based on this comment.
General Operational Requirements
One commenter stated that the proposed rule did not require
grantees to execute an agreement with a participant or provide a
summary of the grantee's supportive services grant program to a
participant. The commenter recommended that, ``A simple one-two page
participant agreement providing an overview of the program and the
benefits of program participation should be included for all program
participants to ensure they are aware of the rules and restrictions of
the program as well as the eligible uses of funds.''
We agree. Providing potential participants with information on the
grantee's supportive services grant program and any requirements
necessary to receive supportive services would be beneficial to the
participant. Therefore, a requirement for grantees to notify
participants of basic information about the grantee's supportive
services program and any conditions for the receipt of supportive
services is added to Sec. 62.36(c)(1).
Program Changes
One commenter recommended that the rule also require grantees to
notify VA of changes to key personnel during the grant term. We agree.
Proposed Sec. 62.60 identified certain program changes about which the
grantee would be required to notify VA. Section 62.60 is intended to
help VA maintain oversight over the quality of the supportive services
provided by grantees and prevent misuse of grant funds. Changes in key
personnel may directly impact a grantee's supportive services grant
program. Accordingly, we have added Sec. 62.60(c), which requires
grantees to inform VA in writing of key personnel changes within 30
days of the change. For similar reasons, Sec. 62.60(c) also requires
grantees to notify VA if the grantee changes its address.
Financial Management and Administrative Costs
Proposed Sec. 62.70 required grantees to comply with certain
Office of Management and Budget (OMB) requirements and certain VA
standards for financial management for grants and agreements. One
commenter recommended simplifying this section. We agree, and therefore
a streamlined version of this section is included in the rule. In
addition, to be more specific, rather than referring to the
``applicable requirements of the appropriate OMB Circulars for Cost
Principles,'' Sec. 62.70(b) of the rule specifies that grantees must
comply with the requirements set forth in OMB Circular A-110, Subpart
C, Section 21, codified at 2 CFR 215.21; 38 CFR 49.21.
Paperwork Reduction Act
OMB assigns a control number for each collection 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.
In the proposed rule, we stated that proposed Sec. Sec. 62.20,
62.36(c), 62.60, and 62.71 contain collection of information provisions
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), and
that we had requested public comment on those provisions in the notice
published in the Federal Register on May 5, 2010 (75 FR 24523-24524).
[[Page 68979]]
We did not receive any comments on the proposed collection of
information which is pending at OMB for approval.
Executive Order 12866
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, budgetary, legal, and policy
implications of this 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.
Regulatory Flexibility Act
The Secretary hereby certifies that this final 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 final 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 final 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
final rule is exempt from the initial and final regulatory flexibility
analysis requirement of sections 603 and 604.
Unfunded Mandates
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
final 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 final rule.
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 September 10, 2010, for publication.
List of Subjects in 38 CFR Part 62
Administrative practice and procedure, Day care, Disability
benefits, Government contracts, Grant programs--health, 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: November 5, 2010.
William F. Russo,
Director, Regulations Management, Office of General Counsel, Department
of Veterans Affairs.
0
For the reasons stated in the preamble, VA amends 38 CFR chapter I by
adding part 62 to read as follows:
PART 62--SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM
Sec.
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.
62.30 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)
Sec. 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.
(Authority: 38 U.S.C. 501, 2044)
Sec. 62.2 Definitions.
For purposes of this part and any Notice of Fund Availability
issued under this part:
[[Page 68980]]
Applicant means an eligible entity that submits an application for
a supportive services grant announced in a Notice of Fund Availability.
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 Sec. 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 child care provider means a provider of child care
services for compensation, including a provider of care for a school-
age child during non-school hours, that--
(1) Is licensed, regulated, registered, or otherwise legally
operating, under state and local law; and
(2) Satisfies the state and local requirements, applicable to the
child care services the provider provides.
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
McKinney-Vento 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 Sec. 62.40.
Occupying permanent housing means meeting any of the conditions set
forth in Sec. 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;
(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 Sec. 62.30.
(2) Case management services as specified under Sec. 62.31.
(3) Assisting participants in obtaining VA benefits as specified
under Sec. 62.32.
(4) Assisting participants in obtaining and coordinating other
public benefits as specified under Sec. 62.33.
(5) Other services as specified under Sec. 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 Sec. 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.''
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)
Sec. 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
[[Page 68981]]
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 administrative costs identified in Sec. 62.70.
(Authority: 38 U.S.C. 501, 2044)
Sec. 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.
Note to paragraph (a): 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 Sec. 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)
Sec. 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 low-income 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 low-income veteran families are
located, including an estimate of the total number of very low-income
veteran families occupying permanent housing in such area or community;
(4) Documentation evidencing the experience of the applicant and
any identified subcontractors in providing supportive services to very
low-income 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)
Sec. 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 Sec. 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;
(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; and
(h) The applicant is not in default by failing to meet the
requirements for any previous Federal assistance.
(Authority: 38 U.S.C. 501, 2044)
Sec. 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 low-income
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.
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(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.
(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 and are most in need of 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, 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 that reflect the Supportive Services for Veteran
Families Program's aim of reducing and preventing homelessness among
very low-income veteran families 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 non-compliant 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 cost-effective and can be effectively
implemented on-budget.
(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 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)
Sec. 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 Sec. 62.21 using the scoring criteria set
forth in Sec. 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.
[[Page 68983]]
(e) Subject to paragraph (d) of this section, VA will fund the
highest-ranked 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 funding priority group based on their rank within that group.
(Authority: 38 U.S.C. 501, 2044)
Sec. 62.24 Scoring criteria for grantees applying for renewal of
supportive services grants.
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:
(1) Participants made progress in achieving housing stability.
(2) Participants were satisfied with the supportive services
provided by the grantee.
(3) The grantee implemented the program and delivered supportive
services to participants in a timely manner.
(4) The grantee prevented homelessness among very low-income
veteran families occupying permanent housing that were most at risk of
homelessness.
(5) The grantee's program reduced homelessness among very low-
income veteran families occupying permanent housing in the area or
community served by the grantee.
(b) VA will award up to 30 points based on the cost-effectiveness
of the grantee's program, as demonstrated by the following:
(1) The cost per participant household was reasonable.
(2) 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:
(1) The grantee's program was administered in accordance with VA's
goals for the Supportive Services for Veteran Families Program.
(2) The grantee's program was administered in accordance with all
applicable laws, regulations, and guidelines.
(3) The grantee's program was administered in accordance with the
grantee's supportive services grant agreement.
(Authority: 38 U.S.C. 501, 2044)
Sec. 62.25 Selecting grantees for renewal of supportive services
grants.
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 Sec. 62.21, VA will score the grantee using
the scoring criteria set forth in Sec. 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 will fund the highest-ranked grantees for which funding
is available.
(Authority: 38 U.S.C. 501, 2044)
Sec. 62.30 Supportive service: Outreach services.
(a) Grantees must provide outreach services and use their best
efforts to ensure that hard-to-reach very low-income 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)
Sec. 62.31 Supportive service: Case management services.
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;
(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)
Sec. 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)
Sec. 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, including at a minimum those listed
in paragraphs (a) through (i) below, that are being provided by
Federal, State, local, or tribal agencies, or any eligible entity in
the area or community served by the grantee by referring the
participant to and coordinating with such entity. If a public benefit
is not being provided by Federal, State, local, or tribal agencies, or
any eligible entity in the area or community, the grantee is not
required to obtain, coordinate, or provide such public benefit.
Grantees may also elect to provide directly to participants the public
benefits identified in paragraphs (c) through (i) below. When grantees
directly provide such benefits, the grantees must comply with the same
requirements as a third party provider of such benefits.
(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;
[[Page 68984]]
(ii) The training of any very low-income 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.
(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 long-term budgeting and financial goals.
(d) Transportation services.
(1) The grantee may provide temporary transportation services
directly to participants if the grantee determines such assistance is
necessary; however, the preferred method of direct 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.
(3) The grantee may make payments on behalf of a participant
needing car repairs or maintenance required to operate the vehicle if
the payment will allow the participant to remain in permanent housing
or obtain permanent housing, subject to the following:
(i) Payments for car repairs or maintenance on behalf of the
participant may not exceed $1,000 during a 3-year period, such period
beginning on the date the grantee first pays for any car repairs or
maintenance on behalf of the participant.
(ii) Payments for car repairs or maintenance must be reasonable and
must be paid by the grantee directly to the third party that repairs or
maintains the car.
(iii) Grantees may require participants to share in the cost of car
repairs or maintenance as a condition of receiving assistance with car
repairs or maintenance.
(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 pa