Grants for the Rural Veterans Coordination Pilot (RVCP), 12617-12621 [2013-04277]
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Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Rules and Regulations
(p) The grantee will maintain
systematic participant enrollment
information and participant tracking
records designed to facilitate the
uniform compilation and analysis of
programmatic data necessary for
verification of veteran status and case
management, reporting, monitoring, and
evaluation purposes.
(q) The grantee will also document in
each participant record at a minimum:
(1) Family status.
(2) Verification of veteran status
(DD214, Department of Veterans Affairs
confirmation report and/or
identification card).
(3) Education, employment history,
and marketable skills/licenses/
credentials.
(4) An Individual Service Plan (ISP)
for each individual participant will be
maintained in the participant case
management record which contains the
following:
(i) An assessment of barriers, service
needs, as well as strengths; and
(ii) Specific services and referrals
planned and benefits to be achieved as
a result of program participation.
(5) Duration and outcome of
supportive service.
(6) The grantee must verify service
outcomes each calendar year quarter
through the participant and provide
documentation of this verification in the
participant case management files.
(r) The grantee will ensure that no
more than 25 percent of the grant
awarded beds are occupied by nonveterans, or VA may take actions as
appropriate to decrease the beds, grant
amounts, or terminate the grant and
seek recapture in the case of capital
funding. To calculate the occupancy
rate, divide the actual number of bed
days of care for veterans eligible to
reside in the project, by the total
number of possible bed days of care (the
previous 180 days from the most current
6 month period).
(Authority: 38 U.S.C. 501, 2011, 2012, 2061)
(The Office of Management and Budget has
approved the information collection
requirements in this section under control
number 2900–0554).
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§ 61.81
Outreach activities.
Recipients of capital grants and per
diem relating to supportive housing or
service centers must use their best
efforts to ensure that eligible hard-toreach veterans are found, engaged, and
provided assistance. To achieve this
goal, recipients may search for homeless
veterans at places such as shelters, soup
kitchens, parks, bus or train stations,
and the streets. Outreach particularly
should be directed toward veterans who
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have a nighttime residence that is an
emergency shelter or a public or private
place not ordinarily used as a regular
sleeping accommodation for human
beings (e.g., cars, streets, or parks).
(Authority: 38 U.S.C. 501, 2011, 2012, 2061)
§ 61.82 Participant fees for supportive
housing.
(a) Each participant of supportive
housing may be required to pay a
participant fee in an amount determined
by the recipient, except that such
participant fee may not exceed 30
percent of the participant’s monthly
income after deducting medical
expenses, child care expenses, court
ordered child support payments, or
other court ordered payments; nor may
it exceed the program’s set maximum
rate or the HUD Fair Market Rent for
that type of housing and its location,
whichever is less. The participant fee
determination and collection process/
procedures should be documented in
the grant recipient’s operating
procedures to ensure consistency,
fairness, and accuracy of fees collected.
The participant’s monthly income
includes all income earned by or paid
to the participant.
(b) Retroactive benefit payments from
any source to program participants, for
the purpose of this part, may be
considered income in the month
received and therefore may be used in
calculating the participant fee for that
month.
(c) Participant fees may be used for
costs of operating the supportive
housing or to assist supportive housing
residents’ move to permanent housing,
and must have a therapeutic benefit.
(d) In addition to a participant fee,
recipients may charge residents
reasonable fees for extracurricular
services and activities (extracurricular
fee) that participants are not required to
receive under the terms of the grant
award, are not paid for by VA per diem,
or provided by VA. Extracurricular fees
must be voluntary on the part of the
participant.
(e) In projects funded under this part
where participants sign agreements, VA
treats the costs associated with
participant eviction to be as
unallowable.
(f) Use of participant agreements.
(1) Participant agreements must be
between the grant recipient of record
and the program participant.
(2) Participant agreements must be
part of a therapeutic plan to increase
self-determination and responsibility.
(3) Participant agreements must
include a clause that allows program
participants the ability to break the lease
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12617
or program agreement without penalty
for medical or clinical necessity.
(4) Participant agreements may not be
used to exclude homeless veterans with
little or no income from the program.
(5) Participant agreements and
conditions must be fully disclosed to
potential participants and
acknowledged in writing by both
parties.
(Authority: 38 U.S.C. 501, 2011, 2012, 2061)
[FR Doc. 2013–04222 Filed 2–22–13; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 64
RIN 2900–AO35
Grants for the Rural Veterans
Coordination Pilot (RVCP)
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as a final rule,
without change, the proposal to
establish a pilot program known as the
Rural Veterans Coordination Pilot
(RVCP). The RVCP will provide grants
to eligible community-based
organizations and local and State
government entities to be used by these
organizations and entities to assist
veterans and their families who are
transitioning from military service to
civilian life in rural or underserved
communities. VA will use information
obtained through the pilot program to
evaluate the effectiveness of using
community-based organizations and
local and State government entities to
improve the provision of services to
transitioning veterans and their families.
Five RVCP grants will be awarded for a
2-year period in discrete locations
pursuant to a Notice of Funds
Availability (NOFA) to be published in
the Federal Register.
DATES: Effective Date: This final rule is
effective March 27, 2013.
FOR FURTHER INFORMATION CONTACT:
Karen Malebranche, Veterans Health
Administration, Office of Interagency
Health Affairs (10P5), 810 Vermont
Avenue NW., Washington, DC 20420,
telephone (202) 461–6001. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: On May 5,
2010, the President signed into law the
Caregivers and Veterans Omnibus
Health Services Act of 2010 (2010 Act),
Public Law 111–163. Section 506(a) of
the 2010 Act, codified at 38 U.S.C. 523
note, requires VA to establish a pilot
SUMMARY:
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program to assess the feasibility and
advisability of using community-based
organizations and local and State
government entities to assist veterans
and their families who are transitioning
from military service to civilian life in
rural or underserved communities. In
addition, section 506(c)(2) of the 2010
Act instructs VA to carry out the
program in five locations to be selected
by the Secretary of Veterans Affairs. In
a document published in the Federal
Register on July 18, 2012 (77 FR 42230),
VA proposed regulations to establish the
RVCP to meet the requirements of
section 506(a). We provided a 60-day
comment period, which ended on
September 17, 2012, during which we
received four comments from members
of the general public.
The first commenter indicated
support for the pilot and commented on
the need for monitoring to ensure the
success of the program. VA appreciates
this comment and assures the
commenter that the program will be
carefully monitored and assessed. We
do not make any changes to the
regulation based on this comment.
A second commenter asked whether
five locations will be sufficient to carry
out the purpose of the pilot and whether
outreach can be provided to veterans
and their families to inform them about
the availability of RVCP to help them
get to VA for their appointments.
VA is limited by the express language
of the 2010 Act to using five locations
for the RVCP. Section 506(c)(1) of the
2010 Act specifically states that ‘‘the
pilot program shall be carried out at five
locations selected by the Secretary for
purposes of the pilot program.’’
Therefore, we cannot expand the RVCP
beyond five locations.
Regarding the commenter’s concerns
about outreach, outreach is one of the
four permissible uses of RVCP funds,
and this is reflected in § 64.6(a)(4),
which authorizes grantees to provide,
develop or deploy strategies to reach
transitioning veterans and their families.
Therefore, we do not make any changes
based on this comment.
A third commenter echoed the issue
raised in the previous comment
regarding the reliance on five sites and
stated that ‘‘[t]here is an extreme need
for this pilot and I congratulate those
who are putting forth the effort to make
this happen. I reviewed the
‘underserved’ areas defined within my
state of Florida, more specifically in and
around the Jacksonville area and found
that there are areas designated as
underserved within the metro area.
With that said, I would have to agree
with a commented concern: if five
service grants would provide the overall
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benefit and or statistical data in which
the grants are seeking to obtain?’’ VA
agrees that there are significant
populations in metropolitan areas that
meet the definition of ‘‘underserved’’ as
set out in the proposed rule. That
definition incorporates three of the four
types of areas that VA must consider in
selecting locations for an RVCP grant, as
set forth in section 506(c)(2) of the 2010
Act. The fourth type of area that VA
must consider in choosing the five
locations is rural areas. See Public Law
111–163, Sec. 506(c)(2)(A). In the
proposed regulations, we did not limit
locations to rural areas; under
§ 64.10(b)(3), applicants for grants must
show that the proposed project location
qualifies either as a rural area or as
having an underserved community.
Scoring and selection criteria in
§ 64.12(a)(6) weigh these considerations
equally. Therefore, we do not make any
changes to the regulation based on this
comment.
The final commenter asked that VA
‘‘explicitly incorporate universities as
eligible entities for this grant.’’ VA has
defined an ‘‘eligible entity’’ for the
RVCP grant as a ‘‘community-based
organization or a local or State
government entity.’’ A local or State
operated educational institution would
be included under this definition. We
do not believe it is necessary to revise
the rule to state this expressly. The
commenter has not indicated language
in the rule that could mislead the public
into believing that such institutions are
excluded, and VA will not exclude
them. Therefore, we do not make any
changes based on this comment.
Based on the rationale set forth in the
SUPPLEMENTARY INFORMATION to the
proposed rule and in this final rule, VA
is adopting the proposed rule as a final
rule without any change.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this final
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
Although this rule contains
provisions constituting collections of
information, at 38 CFR 64.10, under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3521), no
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new or proposed revised collections of
information are associated with this
final rule. The information collection
requirements for § 64.10 are currently
approved by the Office of Management
and Budget (OMB) and have been
assigned OMB control numbers 4040–
0003, 4040–0004, 4040–0006, 4040–
0007, 4040–0008, 4040–0009, and 4040–
0010. The reports required under
§ 64.16 will be collected only from the
five award recipients and, therefore, do
not constitute a collection of
information as defined in section
3502(3)(A)(i) of the Paperwork
Reduction Act of 1995.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by OMB, 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 taken or planned 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 this Executive Order.’’
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this regulatory action,
and it has been determined not to be a
significant regulatory action under
Executive Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule does not have a
significant economic impact on a
substantial number of small entities as
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they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. There
will be no negative economic impact on
any of the eligible entities because the
grantees will not be required to provide
matching funds to obtain the maximum
grant allowance. This pilot grant
program will not impact a substantial
number of small entities because only
five non-renewable grants will be
awarded. Therefore, pursuant to 5
U.S.C. 605(b), this rulemaking is exempt
from the initial and final regulatory
flexibility analysis requirements of
sections 603 and 604.
PART 64—GRANTS FOR THE RURAL
VETERANS COORDINATION PILOT
(RVCP)
Sec.
64.0
64.2
64.4
64.6
64.8
64.10
64.12
64.14
64.16
64.18
Purpose and scope.
Definitions.
RVCP grants—general.
Permissible uses of RVCP grants.
Notice of Funds Availability (NOFA).
Application.
Scoring and selection.
RVCP grant agreement.
Reporting.
Recovery of funds.
Authority: 38 U.S.C. 501, 523 note.
Unfunded Mandates
§ 64.0
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
(a) Purpose. The Rural Veterans
Coordination Pilot (RVCP) program
implements the requirements of section
506 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 to
provide grants to community-based
organizations and local and State
government entities to assist veterans
who are transitioning from military
service to civilian life in rural or
underserved communities and families
of such veterans.
(b) Scope. This part applies only to
the administration of the RVCP, unless
specifically provided otherwise.
Catalog of Federal Domestic Assistance
At this time there are no Catalog of
Federal Domestic Assistance numbers
and titles for the program affected by
this regulation. Catalog of Federal
Domestic Assistance numbers and titles
will be obtained when the program is
established on the Grants.gov Web site.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on January 23, 2013, for
publication.
List of Subjects in 38 CFR Part 64
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Administrative practice and
procedure, Disability benefits, Claims,
Government contracts, Grant
programs—health, Grant programs—
veterans, Health care, Health records,
Reporting and recordkeeping
requirements, Veterans.
Dated: February 20, 2013.
Robert C. McFetridge,
Director of Regulation Policy and
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 64 to read as follows:
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Purpose and scope.
(Authority: 38 U.S.C. 501, 523 note)
§ 64.2
Definitions.
For the purpose of this part and any
Notice of Funds Availability issued
under this part:
Applicant means an eligible entity
that submits an application for an RVCP
grant as announced in a Notice of Funds
Availability.
Community-based organization
means a group that represents a
community or a significant segment of
a community and is engaged in meeting
community needs.
Eligible entity means a communitybased organization or local or State
government entity. An eligible entity
will be identified as the legal entity
whose employer identification number
is on the Application for Federal
Assistance (SF 424), even if only a
particular component of the broader
entity is applying for the RVCP grant.
Grantee means recipient of an RVCP
grant.
Limited access to health care means
residing in an area identified by the
Health Resources and Services
Administration of the U.S. Department
of Health and Human Services as
‘‘medically underserved’’ or having a
‘‘medically underserved population.’’
Local government means a county,
municipality, city, town, township, or
regional government or its components.
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Minority group member means an
individual who is Asian American;
Black; Hispanic; Native American
(including American Indian, Alaskan
Native, and Native Hawaiian); or
Pacific-Islander American.
Notice of Funds Availability (NOFA)
means a Notice published by VA in the
Federal Register alerting eligible
entities of the availability of RVCP
grants and containing important
information about the RVCP grant
application process in accordance with
§ 64.8.
Participant means a veteran or a
member of a veteran’s family who
receives services for which an RVCP
grant is awarded.
Rural means an area classified as
‘‘rural’’ by the U.S. Census Bureau.
Rural Veterans Coordination Pilot
(RVCP) refers to the pilot grant program
authorized by section 506 of the
Caregivers and Veterans Omnibus
Health Services Act of 2010.
State government means any of the
fifty 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 government.
Underserved communities are areas
that meet one or more of the following
criteria:
(1) Have a high proportion of minority
group representation;
(2) Have a high proportion of
individuals who have limited access to
health care; or
(3) Have no active duty military
installation that is reasonably accessible
to the community.
VA means the U.S. Department of
Veterans Affairs.
Veteran means a person who served
in active military, naval, or air service,
who was discharged or released under
conditions other than dishonorable.
Veteran who is transitioning from
military service to civilian life means a
veteran who is separating from active
military, naval, or air service in the
Armed Forces to return to life as a
civilian and such veteran’s date of
discharge or release from active
military, naval, or air service was not
more than 2 years prior to the date on
which the RVCP grant was awarded.
Veteran’s family means those
individuals who reside with the veteran
in the veteran’s primary residence.
These individuals include a parent, a
spouse, a child, a step-family member,
an extended family member, and
individuals who reside in the home
with the veteran but are not a member
of the family of the veteran.
(Authority: 38 U.S.C. 501, 523 note)
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§ 64.4
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Rules and Regulations
RVCP grants—general.
(a) VA will award five RVCP grants to
eligible entities as defined in § 64.2.
(b) An eligible entity may receive only
one RVCP grant, and only one RVCP
grant will be awarded in any one pilot
project location (see § 64.12(a)(6)).
(c) RVCP grants will be awarded for
a maximum period of 2 years, beginning
on the date on which the RVCP grants
are awarded. They will not be extended
or renewable.
(d) A grantee will not be required to
provide matching funds as a condition
of receiving an RVCP grant.
(e) No participant will be charged a
fee for services provided by the grantee
or be required to participate in other
activities sponsored by the grantee as a
condition of receiving services for
which the RVCP grant is made.
(Authority: 38 U.S.C. 501, 523 note)
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§ 64.6
Permissible uses of RVCP grants.
(a) Grantees must maximize the use of
RVCP grants by ensuring that at least 90
percent of funds awarded are used to
provide services designed to aid in the
adjustment to civilian life in one or
more of the following areas:
(1) Increasing coordination of health
care and benefits for veterans. Examples
include, but are not limited to,
identifying sources of community, local,
State, and Federal health care and
benefits; obtaining necessary
applications and assisting veterans in
the preparation of applications for such
care and benefits; and identifying and
eliminating barriers to receiving
identified benefits.
(2) Increasing availability of high
quality medical and mental health
services. Examples include, but are not
limited to, increasing availability of or
access to insurance or low- or no-cost
public or private health care, including
out-patient care, preventive care,
hospital care, nursing home care,
rehabilitative care, case management,
respite care, and home care; providing
assistance in accessing or using
telehealth services; transporting
veterans to medical facilities or
transporting medical or mental health
providers to veterans; and providing
assistance in obtaining necessary
pharmaceuticals, supplies, equipment,
devices, appliances, and assistive
technology.
(3) Providing assistance to families of
transitioning veterans. Examples
include, but are not limited to, helping
obtain medical insurance for family
members; helping the family obtain
suitable housing; providing job-search
assistance or removing barriers for
family members seeking employment;
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assisting the family in identifying and
applying to appropriate schools and/or
child care programs; securing learning
aids such as textbooks, computers and
laboratory supplies; and obtaining
personal financial and legal services.
(4) Outreach to veterans and families.
Examples include, but are not limited
to, the provision, development or
deployment of various media tools (e.g.,
Internet, television, radio, flyers,
posters, etc.), activity days, program
booths, or other strategies to reach
transitioning veterans and their families
in the target community and assist them
with their transition from military
service to civilian life. Outreach services
may be provided directly by the RVCP
grantee or the grantee may engage the
outreach services of another entity using
RVCP funds.
(b) Grantees may use up to 10 percent
of the RVCP grant for indirect costs, i.e.,
the expenses of doing business that are
not readily identified with a particular
grant but are necessary for the general
operation of the grantee organization
and the conduct of activities it performs.
(Authority: 38 U.S.C. 501, 523 note)
§ 64.8
Notice of Funds Availability (NOFA).
When funds are available for RVCP
grants, VA will publish a NOFA in the
Federal Register and in Grants.gov
(https://www.grants.gov). The NOFA will
identify:
(a) The location for obtaining RVCP
grant applications, including the
specific forms that will be required;
(b) The date, time, and place for
submitting completed RVCP grant
applications;
(c) The estimated total amount of
funds available and the maximum funds
available to a single grantee;
(d) The minimum number of total
points and points per category that an
applicant must receive to be considered
for a grant and information regarding
the scoring process;
(e) Any timeframes and manner for
payments under the RVCP grant; and
(f) Other information necessary for the
RVCP grant application process, as
determined by VA, including contact
information for the office that will
oversee the RVCP within VA.
(Authority: 38 U.S.C. 501, 523 note)
§ 64.10
Application.
(a) To apply for an RVCP grant,
eligible entities must submit to VA a
complete application package.
Applications will be accepted only
through Grants.gov (https://
www.grants.gov).
(b) A complete RVCP grant
application package includes the
following:
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(1) A description of the services to be
provided and which of the permissible
uses for RVCP grants outlined in
§ 64.6(a) the services are intended to
fulfill.
(2) A description, with supporting
documentation, of the need for the
proposed project in the proposed
location, including an estimate, with
supporting documentation, of the
number of veterans and families that
will be provided services by the
applicant.
(3) A description, with supporting
documentation, of how the proposed
project location qualifies as a rural or an
underserved community, as defined in
this part.
(4) Documentation evidencing the
applicant’s experience in providing the
proposed services, particularly to
veterans and their families.
(5) Evidence of a clear, realistic, and
measurable program of self-evaluation
and monitoring, including a
documented commitment to remediate
any identified noncompliance.
(6) Documentation of the ability of the
applicant to administer the project,
including plans to:
(i) Continuously assess and adapt to
the needs of participants for services
under the RVCP grant;
(ii) Coordinate and customize the
provision of services to the identified
needs of the participants;
(iii) Comply with and implement the
requirements of this part throughout the
term of the RVCP grant; and
(iv) Complete and submit timely
reports of RVCP grant activities.
(7) A description of any assistance
received from or any consultations with
VA or Veterans Service Organizations in
the development of the proposal being
submitted.
(8) Any additional information
deemed appropriate by VA and set forth
in the NOFA.
(Authority: 38 U.S.C. 501, 523 note)
(The Office of Management and
Budget has approved the information
collection provisions in this section
under control numbers 4040–0003,
4040–0004, 4040–0006, 4040–0007,
4040–0008, 4040–0009, and 4040–
0010.)
§ 64.12
Scoring and selection.
(a) Scoring. VA will score only
complete applications received from
eligible entities by the established
deadline. Applications will be scored
using the following criteria:
(1) Background, organizational
history, qualifications, and past
performance (maximum 10 points).
Applicant documents a relevant history
of successfully providing the type of
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services proposed in the RVCP grant
application, particularly in the location
it plans to serve and/or to veterans and
their families.
(2) Need for pilot project (maximum
10 points). Applicant demonstrates the
need for the pilot project among
veterans and their families in the
proposed project location, and provides
evidence of the applicant’s
understanding of the unique needs of
veterans and their families in the
location to be served.
(3) Pilot project concept, innovation,
and ability to meet VA’s objectives
(maximum 40 points). Application
shows appropriate concept, size, and
scope of the project; provides realistic
estimates of time, staffing, and material
needs to implement the project; and
details the project’s ability to enhance
the overall services provided, while
presenting realistic plans to reduce
duplication of benefits and services
already in place. Application must
describe a comprehensive and welldeveloped plan to meet one or more of
the permissible uses set out in § 64.6.
(4) Pilot project evaluation and
monitoring (maximum 10 points). Selfevaluation and monitoring strategy
provided in application is reasonable
and expected to meet requirements of
§ 64.10(b)(5).
(5) Organizational finances
(maximum 10 points). Applicant
provides documentation that it is
financially stable, has not defaulted on
financial obligations, has adequate
financial and operational controls in
place to assure the proper use of RVCP
grants, and presents a plan for using
RVCP grants that is cost effective and
efficient.
(6) Pilot project location (maximum
20 points). Applicant documents how
the proposed project location meets the
definition of rural or underserved
communities in this part.
(b) Selection of grantees. All complete
applications will be scored using the
criteria in paragraph (a) and ranked in
order from highest to lowest total score.
VA will rank all applications that
receive at least the minimum number of
points indicated in the NOFA. VA will
award one RVCP grant to the highest
scoring application. VA will award
RVCP grants to each successive
application, ranked by total score,
provided the applicant has not been
awarded an RVCP grant for a higher
scoring application and the proposed
project is not in the same project
location as any previously awarded
RVCP grant.
(Authority: 38 U.S.C. 501, 523 note)
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
§ 64.14
RVCP grant agreement.
(a) VA will draft an RVCP grant
agreement to be executed by VA and the
grantee.
(b) The RVCP grant agreement will
provide that the grantee agrees to:
(1) Operate the project in accordance
with this part and the terms of the
agreement;
(2) Abide by the following additional
requirements:
(i) Community-based organizations
are subject to the Uniform
Administrative Requirements for Grants
and Agreements with Institutions of
Higher Education, Hospitals, and Other
Non-Profit Organizations under 38 CFR
part 49, as well as to OMB Circular A–
122, Cost Principles for Non-Profit
Organizations, codified at 2 CFR part
230, and 2 CFR parts 25 and 170, if
applicable.
(ii) Local and State government
entities are subject to the Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments under 38 CFR
part 43, as well as to OMB Circular A–
87, Cost Principles for State, Local, and
Indian Tribal Governments, and 2 CFR
parts 25 and 170, if applicable.
(3) Comply with such other terms and
conditions, including recordkeeping
and reports for project monitoring and
evaluation purposes, as VA may
establish for purposes of carrying out
the RVCP in an effective and efficient
manner and as described in the NOFA;
and
(4) Provide any necessary additional
information that is requested by VA in
the manner and timeframe specified by
VA.
12621
to fully assess project accountability and
effectiveness.
(Authority: 38 U.S.C. 501, 523 note)
§ 64.18
Recovery of funds.
(a) Recovery of funds. VA may
terminate a grant agreement with any
RVCP grantee that does not comply with
the terms of the RVCP agreement. VA
may recover from the grantee any funds
that are not used in accordance with a
RVCP grant agreement. If VA decides to
recover funds, VA will issue to the
grantee a notice of intent to recover
RVCP grant funds, and the grantee will
then have 30 days beginning from the
date of the notice to submit
documentation demonstrating why the
RVCP grant funds should not be
recovered. If the RVCP grantee does not
respond or if the grantee responds but
VA determines the documentation is
insufficient to establish compliance, VA
will make a final determination as to
whether action to recover the RVCP
grant funds will be taken.
(b) Prohibition of further grants. When
VA determines action will be taken to
recover grant funds from a grantee, the
grantee will be prohibited from
receiving any further RVCP grant funds
for the duration of the pilot program.
(Authority: 38 U.S.C. 501, 523 note)
[FR Doc. 2013–04277 Filed 2–22–13; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 70
[Docket No. CDC–2012–0016]
(Authority: 38 U.S.C. 501, 523 note)
RIN 0920–AA22
§ 64.16
Control of Communicable Diseases:
Interstate; Scope and Definitions
Reporting.
(a) Quarterly reports. All grantees
must submit to VA quarterly reports
based on the Federal fiscal year, which
include the following information:
(1) Record of time and resources
expended in outreach activities, and the
methods used;
(2) The number of participants served,
including demographics of this
population;
(3) Types of assistance provided;
(4) A full accounting of RVCP grant
funds received from VA and used or
unused during the quarter; and
(5) Results of routine monitoring and
any project variations.
(b) Submission of reports. Reports
must be submitted to VA no later than
15 calendar days after the close of each
Federal fiscal quarter.
(c) Additional reports. VA may
request additional reports to allow VA
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
Centers for Disease Control and
Prevention (HHS/CDC), Department of
Health and Human Services (HHS).
ACTION: Confirmation of effective date of
Direct Final Rule.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) within
the Department of Health and Human
Services (HHS) is publishing this
document to confirm the effective date
of the Direct Final Rule (DFR),
published on December 26, 2012 (77 FR
75880).
DATES: The Direct Final Rule published
at 77 FR 75880, December 26, 2012,
becomes effective on February 25, 2013.
FOR FURTHER INFORMATION CONTACT: For
questions concerning this notice: Ashley
A. Marrone, JD, Centers for Disease
SUMMARY:
E:\FR\FM\25FER1.SGM
25FER1
Agencies
[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Rules and Regulations]
[Pages 12617-12621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04277]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 64
RIN 2900-AO35
Grants for the Rural Veterans Coordination Pilot (RVCP)
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) adopts as a final
rule, without change, the proposal to establish a pilot program known
as the Rural Veterans Coordination Pilot (RVCP). The RVCP will provide
grants to eligible community-based organizations and local and State
government entities to be used by these organizations and entities to
assist veterans and their families who are transitioning from military
service to civilian life in rural or underserved communities. VA will
use information obtained through the pilot program to evaluate the
effectiveness of using community-based organizations and local and
State government entities to improve the provision of services to
transitioning veterans and their families. Five RVCP grants will be
awarded for a 2-year period in discrete locations pursuant to a Notice
of Funds Availability (NOFA) to be published in the Federal Register.
DATES: Effective Date: This final rule is effective March 27, 2013.
FOR FURTHER INFORMATION CONTACT: Karen Malebranche, Veterans Health
Administration, Office of Interagency Health Affairs (10P5), 810
Vermont Avenue NW., Washington, DC 20420, telephone (202) 461-6001.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On May 5, 2010, the President signed into
law the Caregivers and Veterans Omnibus Health Services Act of 2010
(2010 Act), Public Law 111-163. Section 506(a) of the 2010 Act,
codified at 38 U.S.C. 523 note, requires VA to establish a pilot
[[Page 12618]]
program to assess the feasibility and advisability of using community-
based organizations and local and State government entities to assist
veterans and their families who are transitioning from military service
to civilian life in rural or underserved communities. In addition,
section 506(c)(2) of the 2010 Act instructs VA to carry out the program
in five locations to be selected by the Secretary of Veterans Affairs.
In a document published in the Federal Register on July 18, 2012 (77 FR
42230), VA proposed regulations to establish the RVCP to meet the
requirements of section 506(a). We provided a 60-day comment period,
which ended on September 17, 2012, during which we received four
comments from members of the general public.
The first commenter indicated support for the pilot and commented
on the need for monitoring to ensure the success of the program. VA
appreciates this comment and assures the commenter that the program
will be carefully monitored and assessed. We do not make any changes to
the regulation based on this comment.
A second commenter asked whether five locations will be sufficient
to carry out the purpose of the pilot and whether outreach can be
provided to veterans and their families to inform them about the
availability of RVCP to help them get to VA for their appointments.
VA is limited by the express language of the 2010 Act to using five
locations for the RVCP. Section 506(c)(1) of the 2010 Act specifically
states that ``the pilot program shall be carried out at five locations
selected by the Secretary for purposes of the pilot program.''
Therefore, we cannot expand the RVCP beyond five locations.
Regarding the commenter's concerns about outreach, outreach is one
of the four permissible uses of RVCP funds, and this is reflected in
Sec. 64.6(a)(4), which authorizes grantees to provide, develop or
deploy strategies to reach transitioning veterans and their families.
Therefore, we do not make any changes based on this comment.
A third commenter echoed the issue raised in the previous comment
regarding the reliance on five sites and stated that ``[t]here is an
extreme need for this pilot and I congratulate those who are putting
forth the effort to make this happen. I reviewed the `underserved'
areas defined within my state of Florida, more specifically in and
around the Jacksonville area and found that there are areas designated
as underserved within the metro area. With that said, I would have to
agree with a commented concern: if five service grants would provide
the overall benefit and or statistical data in which the grants are
seeking to obtain?'' VA agrees that there are significant populations
in metropolitan areas that meet the definition of ``underserved'' as
set out in the proposed rule. That definition incorporates three of the
four types of areas that VA must consider in selecting locations for an
RVCP grant, as set forth in section 506(c)(2) of the 2010 Act. The
fourth type of area that VA must consider in choosing the five
locations is rural areas. See Public Law 111-163, Sec. 506(c)(2)(A). In
the proposed regulations, we did not limit locations to rural areas;
under Sec. 64.10(b)(3), applicants for grants must show that the
proposed project location qualifies either as a rural area or as having
an underserved community. Scoring and selection criteria in Sec.
64.12(a)(6) weigh these considerations equally. Therefore, we do not
make any changes to the regulation based on this comment.
The final commenter asked that VA ``explicitly incorporate
universities as eligible entities for this grant.'' VA has defined an
``eligible entity'' for the RVCP grant as a ``community-based
organization or a local or State government entity.'' A local or State
operated educational institution would be included under this
definition. We do not believe it is necessary to revise the rule to
state this expressly. The commenter has not indicated language in the
rule that could mislead the public into believing that such
institutions are excluded, and VA will not exclude them. Therefore, we
do not make any changes based on this comment.
Based on the rationale set forth in the SUPPLEMENTARY INFORMATION
to the proposed rule and in this final rule, VA is adopting the
proposed rule as a final rule without any change.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
final rulemaking, represents VA's implementation of its legal authority
on this subject. Other than future amendments to this regulation or
governing statutes, no contrary guidance or procedures are authorized.
All existing or subsequent VA guidance must be read to conform with
this rulemaking if possible or, if not possible, such guidance is
superseded by this rulemaking.
Paperwork Reduction Act
Although this rule contains provisions constituting collections of
information, at 38 CFR 64.10, under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521), no new or proposed revised
collections of information are associated with this final rule. The
information collection requirements for Sec. 64.10 are currently
approved by the Office of Management and Budget (OMB) and have been
assigned OMB control numbers 4040-0003, 4040-0004, 4040-0006, 4040-
0007, 4040-0008, 4040-0009, and 4040-0010. The reports required under
Sec. 64.16 will be collected only from the five award recipients and,
therefore, do not constitute a collection of information as defined in
section 3502(3)(A)(i) of the Paperwork Reduction Act of 1995.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by OMB, 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 taken or planned 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 this Executive
Order.''
VA has examined the economic, interagency, budgetary, legal, and
policy implications of this regulatory action, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule does not have a
significant economic impact on a substantial number of small entities
as
[[Page 12619]]
they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612.
There will be no negative economic impact on any of the eligible
entities because the grantees will not be required to provide matching
funds to obtain the maximum grant allowance. This pilot grant program
will not impact a substantial number of small entities because only
five non-renewable grants will be awarded. Therefore, pursuant to 5
U.S.C. 605(b), this rulemaking is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
At this time there are no Catalog of Federal Domestic Assistance
numbers and titles for the program affected by this regulation. Catalog
of Federal Domestic Assistance numbers and titles will be obtained when
the program is established on the Grants.gov Web site.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on January 23, 2013, for publication.
List of Subjects in 38 CFR Part 64
Administrative practice and procedure, Disability benefits, Claims,
Government contracts, Grant programs--health, Grant programs--veterans,
Health care, Health records, Reporting and recordkeeping requirements,
Veterans.
Dated: February 20, 2013.
Robert C. McFetridge,
Director of Regulation Policy and 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 64 to read as follows:
PART 64--GRANTS FOR THE RURAL VETERANS COORDINATION PILOT (RVCP)
Sec.
64.0 Purpose and scope.
64.2 Definitions.
64.4 RVCP grants--general.
64.6 Permissible uses of RVCP grants.
64.8 Notice of Funds Availability (NOFA).
64.10 Application.
64.12 Scoring and selection.
64.14 RVCP grant agreement.
64.16 Reporting.
64.18 Recovery of funds.
Authority: 38 U.S.C. 501, 523 note.
Sec. 64.0 Purpose and scope.
(a) Purpose. The Rural Veterans Coordination Pilot (RVCP) program
implements the requirements of section 506 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 to provide grants to
community-based organizations and local and State government entities
to assist veterans who are transitioning from military service to
civilian life in rural or underserved communities and families of such
veterans.
(b) Scope. This part applies only to the administration of the
RVCP, unless specifically provided otherwise.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.2 Definitions.
For the purpose of this part and any Notice of Funds Availability
issued under this part:
Applicant means an eligible entity that submits an application for
an RVCP grant as announced in a Notice of Funds Availability.
Community-based organization means a group that represents a
community or a significant segment of a community and is engaged in
meeting community needs.
Eligible entity means a community-based organization or local or
State government entity. An eligible entity will be identified as the
legal entity whose employer identification number is on the Application
for Federal Assistance (SF 424), even if only a particular component of
the broader entity is applying for the RVCP grant.
Grantee means recipient of an RVCP grant.
Limited access to health care means residing in an area identified
by the Health Resources and Services Administration of the U.S.
Department of Health and Human Services as ``medically underserved'' or
having a ``medically underserved population.''
Local government means a county, municipality, city, town,
township, or regional government or its components.
Minority group member means an individual who is Asian American;
Black; Hispanic; Native American (including American Indian, Alaskan
Native, and Native Hawaiian); or Pacific-Islander American.
Notice of Funds Availability (NOFA) means a Notice published by VA
in the Federal Register alerting eligible entities of the availability
of RVCP grants and containing important information about the RVCP
grant application process in accordance with Sec. 64.8.
Participant means a veteran or a member of a veteran's family who
receives services for which an RVCP grant is awarded.
Rural means an area classified as ``rural'' by the U.S. Census
Bureau.
Rural Veterans Coordination Pilot (RVCP) refers to the pilot grant
program authorized by section 506 of the Caregivers and Veterans
Omnibus Health Services Act of 2010.
State government means any of the fifty 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 government.
Underserved communities are areas that meet one or more of the
following criteria:
(1) Have a high proportion of minority group representation;
(2) Have a high proportion of individuals who have limited access
to health care; or
(3) Have no active duty military installation that is reasonably
accessible to the community.
VA means the U.S. Department of Veterans Affairs.
Veteran means a person who served in active military, naval, or air
service, who was discharged or released under conditions other than
dishonorable.
Veteran who is transitioning from military service to civilian life
means a veteran who is separating from active military, naval, or air
service in the Armed Forces to return to life as a civilian and such
veteran's date of discharge or release from active military, naval, or
air service was not more than 2 years prior to the date on which the
RVCP grant was awarded.
Veteran's family means those individuals who reside with the
veteran in the veteran's primary residence. These individuals include a
parent, a spouse, a child, a step-family member, an extended family
member, and individuals who reside in the home with the veteran but are
not a member of the family of the veteran.
(Authority: 38 U.S.C. 501, 523 note)
[[Page 12620]]
Sec. 64.4 RVCP grants--general.
(a) VA will award five RVCP grants to eligible entities as defined
in Sec. 64.2.
(b) An eligible entity may receive only one RVCP grant, and only
one RVCP grant will be awarded in any one pilot project location (see
Sec. 64.12(a)(6)).
(c) RVCP grants will be awarded for a maximum period of 2 years,
beginning on the date on which the RVCP grants are awarded. They will
not be extended or renewable.
(d) A grantee will not be required to provide matching funds as a
condition of receiving an RVCP grant.
(e) No participant will be charged a fee for services provided by
the grantee or be required to participate in other activities sponsored
by the grantee as a condition of receiving services for which the RVCP
grant is made.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.6 Permissible uses of RVCP grants.
(a) Grantees must maximize the use of RVCP grants by ensuring that
at least 90 percent of funds awarded are used to provide services
designed to aid in the adjustment to civilian life in one or more of
the following areas:
(1) Increasing coordination of health care and benefits for
veterans. Examples include, but are not limited to, identifying sources
of community, local, State, and Federal health care and benefits;
obtaining necessary applications and assisting veterans in the
preparation of applications for such care and benefits; and identifying
and eliminating barriers to receiving identified benefits.
(2) Increasing availability of high quality medical and mental
health services. Examples include, but are not limited to, increasing
availability of or access to insurance or low- or no-cost public or
private health care, including out-patient care, preventive care,
hospital care, nursing home care, rehabilitative care, case management,
respite care, and home care; providing assistance in accessing or using
telehealth services; transporting veterans to medical facilities or
transporting medical or mental health providers to veterans; and
providing assistance in obtaining necessary pharmaceuticals, supplies,
equipment, devices, appliances, and assistive technology.
(3) Providing assistance to families of transitioning veterans.
Examples include, but are not limited to, helping obtain medical
insurance for family members; helping the family obtain suitable
housing; providing job-search assistance or removing barriers for
family members seeking employment; assisting the family in identifying
and applying to appropriate schools and/or child care programs;
securing learning aids such as textbooks, computers and laboratory
supplies; and obtaining personal financial and legal services.
(4) Outreach to veterans and families. Examples include, but are
not limited to, the provision, development or deployment of various
media tools (e.g., Internet, television, radio, flyers, posters, etc.),
activity days, program booths, or other strategies to reach
transitioning veterans and their families in the target community and
assist them with their transition from military service to civilian
life. Outreach services may be provided directly by the RVCP grantee or
the grantee may engage the outreach services of another entity using
RVCP funds.
(b) Grantees may use up to 10 percent of the RVCP grant for
indirect costs, i.e., the expenses of doing business that are not
readily identified with a particular grant but are necessary for the
general operation of the grantee organization and the conduct of
activities it performs.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.8 Notice of Funds Availability (NOFA).
When funds are available for RVCP grants, VA will publish a NOFA in
the Federal Register and in Grants.gov (https://www.grants.gov). The
NOFA will identify:
(a) The location for obtaining RVCP grant applications, including
the specific forms that will be required;
(b) The date, time, and place for submitting completed RVCP grant
applications;
(c) The estimated total amount of funds available and the maximum
funds available to a single grantee;
(d) The minimum number of total points and points per category that
an applicant must receive to be considered for a grant and information
regarding the scoring process;
(e) Any timeframes and manner for payments under the RVCP grant;
and
(f) Other information necessary for the RVCP grant application
process, as determined by VA, including contact information for the
office that will oversee the RVCP within VA.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.10 Application.
(a) To apply for an RVCP grant, eligible entities must submit to VA
a complete application package. Applications will be accepted only
through Grants.gov (https://www.grants.gov).
(b) A complete RVCP grant application package includes the
following:
(1) A description of the services to be provided and which of the
permissible uses for RVCP grants outlined in Sec. 64.6(a) the services
are intended to fulfill.
(2) A description, with supporting documentation, of the need for
the proposed project in the proposed location, including an estimate,
with supporting documentation, of the number of veterans and families
that will be provided services by the applicant.
(3) A description, with supporting documentation, of how the
proposed project location qualifies as a rural or an underserved
community, as defined in this part.
(4) Documentation evidencing the applicant's experience in
providing the proposed services, particularly to veterans and their
families.
(5) Evidence of a clear, realistic, and measurable program of self-
evaluation and monitoring, including a documented commitment to
remediate any identified noncompliance.
(6) Documentation of the ability of the applicant to administer the
project, including plans to:
(i) Continuously assess and adapt to the needs of participants for
services under the RVCP grant;
(ii) Coordinate and customize the provision of services to the
identified needs of the participants;
(iii) Comply with and implement the requirements of this part
throughout the term of the RVCP grant; and
(iv) Complete and submit timely reports of RVCP grant activities.
(7) A description of any assistance received from or any
consultations with VA or Veterans Service Organizations in the
development of the proposal being submitted.
(8) Any additional information deemed appropriate by VA and set
forth in the NOFA.
(Authority: 38 U.S.C. 501, 523 note)
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 4040-0003,
4040-0004, 4040-0006, 4040-0007, 4040-0008, 4040-0009, and 4040-0010.)
Sec. 64.12 Scoring and selection.
(a) Scoring. VA will score only complete applications received from
eligible entities by the established deadline. Applications will be
scored using the following criteria:
(1) Background, organizational history, qualifications, and past
performance (maximum 10 points). Applicant documents a relevant history
of successfully providing the type of
[[Page 12621]]
services proposed in the RVCP grant application, particularly in the
location it plans to serve and/or to veterans and their families.
(2) Need for pilot project (maximum 10 points). Applicant
demonstrates the need for the pilot project among veterans and their
families in the proposed project location, and provides evidence of the
applicant's understanding of the unique needs of veterans and their
families in the location to be served.
(3) Pilot project concept, innovation, and ability to meet VA's
objectives (maximum 40 points). Application shows appropriate concept,
size, and scope of the project; provides realistic estimates of time,
staffing, and material needs to implement the project; and details the
project's ability to enhance the overall services provided, while
presenting realistic plans to reduce duplication of benefits and
services already in place. Application must describe a comprehensive
and well-developed plan to meet one or more of the permissible uses set
out in Sec. 64.6.
(4) Pilot project evaluation and monitoring (maximum 10 points).
Self-evaluation and monitoring strategy provided in application is
reasonable and expected to meet requirements of Sec. 64.10(b)(5).
(5) Organizational finances (maximum 10 points). Applicant provides
documentation that it is financially stable, has not defaulted on
financial obligations, has adequate financial and operational controls
in place to assure the proper use of RVCP grants, and presents a plan
for using RVCP grants that is cost effective and efficient.
(6) Pilot project location (maximum 20 points). Applicant documents
how the proposed project location meets the definition of rural or
underserved communities in this part.
(b) Selection of grantees. All complete applications will be scored
using the criteria in paragraph (a) and ranked in order from highest to
lowest total score. VA will rank all applications that receive at least
the minimum number of points indicated in the NOFA. VA will award one
RVCP grant to the highest scoring application. VA will award RVCP
grants to each successive application, ranked by total score, provided
the applicant has not been awarded an RVCP grant for a higher scoring
application and the proposed project is not in the same project
location as any previously awarded RVCP grant.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.14 RVCP grant agreement.
(a) VA will draft an RVCP grant agreement to be executed by VA and
the grantee.
(b) The RVCP grant agreement will provide that the grantee agrees
to:
(1) Operate the project in accordance with this part and the terms
of the agreement;
(2) Abide by the following additional requirements:
(i) Community-based organizations are subject to the Uniform
Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non-Profit Organizations
under 38 CFR part 49, as well as to OMB Circular A-122, Cost Principles
for Non-Profit Organizations, codified at 2 CFR part 230, and 2 CFR
parts 25 and 170, if applicable.
(ii) Local and State government entities are subject to the Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments under 38 CFR part 43, as well as to OMB
Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, and 2 CFR parts 25 and 170, if applicable.
(3) Comply with such other terms and conditions, including
recordkeeping and reports for project monitoring and evaluation
purposes, as VA may establish for purposes of carrying out the RVCP in
an effective and efficient manner and as described in the NOFA; and
(4) Provide any necessary additional information that is requested
by VA in the manner and timeframe specified by VA.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.16 Reporting.
(a) Quarterly reports. All grantees must submit to VA quarterly
reports based on the Federal fiscal year, which include the following
information:
(1) Record of time and resources expended in outreach activities,
and the methods used;
(2) The number of participants served, including demographics of
this population;
(3) Types of assistance provided;
(4) A full accounting of RVCP grant funds received from VA and used
or unused during the quarter; and
(5) Results of routine monitoring and any project variations.
(b) Submission of reports. Reports must be submitted to VA no later
than 15 calendar days after the close of each Federal fiscal quarter.
(c) Additional reports. VA may request additional reports to allow
VA to fully assess project accountability and effectiveness.
(Authority: 38 U.S.C. 501, 523 note)
Sec. 64.18 Recovery of funds.
(a) Recovery of funds. VA may terminate a grant agreement with any
RVCP grantee that does not comply with the terms of the RVCP agreement.
VA may recover from the grantee any funds that are not used in
accordance with a RVCP grant agreement. If VA decides to recover funds,
VA will issue to the grantee a notice of intent to recover RVCP grant
funds, and the grantee will then have 30 days beginning from the date
of the notice to submit documentation demonstrating why the RVCP grant
funds should not be recovered. If the RVCP grantee does not respond or
if the grantee responds but VA determines the documentation is
insufficient to establish compliance, VA will make a final
determination as to whether action to recover the RVCP grant funds will
be taken.
(b) Prohibition of further grants. When VA determines action will
be taken to recover grant funds from a grantee, the grantee will be
prohibited from receiving any further RVCP grant funds for the duration
of the pilot program.
(Authority: 38 U.S.C. 501, 523 note)
[FR Doc. 2013-04277 Filed 2-22-13; 8:45 am]
BILLING CODE 8320-01-P