Funding Opportunity Under Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program, 60809-60813 [2022-21603]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60809-60813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21603]


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DEPARTMENT OF VETERANS AFFAIRS


Funding Opportunity Under Legal Services for Homeless Veterans 
and Veterans At-Risk for Homelessness Grant Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice of Funding Opportunity.

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SUMMARY: The Department of Veterans Affairs (VA) is announcing the 
availability of funds for legal services grants under the Legal 
Services for Homeless Veterans and Veterans At-Risk For Homelessness 
Grant (LSV) Program. This Notice of Funding Opportunity (NOFO) contains 
information concerning the LSV Program, the grant application processes 
and the amount of funding available. Awards made for legal services 
grants will fund operations beginning on or around June 1, 2023, for a 
period of 12 months.

DATES: Applications for legal services grants under the LSV Program 
must be received by LSV Program by 4 p.m. Eastern Standard Time (EST) 
on December 30, 2022. In the interest of fairness to all eligible 
applicants, as described in this NOFO, this deadline is firm as to date 
and hour, and VA will treat as ineligible for consideration any 
application that is received after the deadline. Applicants should take 
this practice into account and make early submissions of their 
materials to avoid any risk of loss of eligibility brought about by 
unanticipated delays, computer service outages or other submission-
related problems.

ADDRESSES: For a copy of the application package: Copies of the 
application can be download from the LSV website at www.va.gov/homeless/lsv.asp. Questions may be referred to LSV Program via email at 
[email protected]. For detailed LSV Program information and requirements, see 
part 79 of title 38, Code of Federal Regulations (38 CFR part 79).
    Submission of Application Package: Applicants must submit 
applications electronically following instructions found at www.va.gov/homeless/lsv.asp. Applications may not be mailed, hand carried or sent 
by facsimile. Applications must be received by the LSV Program by 4 
p.m. EST on the application deadline date. Applications must arrive as 
a complete package. Materials arriving separately will not be included 
in the application package for consideration and may result in the 
application being rejected. See Section II. A. of this NOFO for maximum 
allowable grant amounts.
    Technical Assistance: Information regarding how to obtain technical 
assistance with preparing a legal service grant application is 
available on the LSV Program website at www.va.gov/homeless/lsv.asp.

SUPPLEMENTARY INFORMATION: 
    Funding Opportunity Title: Legal Services for Homeless-Veterans and 
Veterans At-Risk for Homelessness Grant.
    Announcement Type: Initial.
    Funding Opportunity Number: VA-VJP-LSV-H-0922.
    Assistance Listing Number: 64.056, Legal Services for Homeless-
Veterans and Veterans At-Risk for Homelessness Grant.
    Authorizing Legislation: Public Law 116-315 Id. Sec.  4202 of the 
Act, codified at Sec.  2022A of title 38, U.S.C., directs the Secretary 
of VA (Secretary) to make grants to eligible entities to provide 
certain legal services to homeless Veterans and Veterans at risk for 
homelessness.
    Paperwork Reduction Act of 1995: 44 U.S.C. 3501-3521 requires 
approval by the Office of Management and Budget (OMB).
    OMB Control Number: 2900-0905.

I. Funding Opportunity Description

    A. Assistance Listing Number: 64.056, Legal Services for Homeless-
Veterans and Veterans At-Risk for Homelessness Grant (hyperlink added).
    B. Purpose: The LSV Program's purpose is to provide legal services 
grants to public or non-profit private entities who will provide legal 
services to eligible Veterans who are homeless or at risk for 
homelessness. The goal of the LSV Program is to assist homeless and at-
risk Veterans who have unaddressed needs for legal services, which may 
create barriers to housing stability. Services provided to Veterans 
under this NOFO are designed to help Veterans increase housing 
stability by providing legal services, including eviction defense, that 
will help Veterans avoid homelessness or help them return to permanent 
housing in the community.
    C. Funding Priorities: This NOFO will provide awards designed to 
address the needs identified in 38 CFR 79.20(a), including legal 
services related to housing; family law; protective orders and other 
matters related to domestic or intimate partner violence; access to 
health care; requests to upgrade military discharge; consumer law, such 
as financial services, debt collection, garnishments, usury, fraud and 
financial exploitation; employment law; and the top 10 unmet legal 
needs as enumerated on VA's annual Community Homelessness Assessment, 
Local Education and Networking Groups (CHALENG) survey for the grant 
award year. CHALENG survey results can be found at https://www.va.gov/homeless/chaleng.asp. Funds provided through this NOFO must not 
duplicate or replace funds provided from any Federal, State or local 
government agency or program to assist homeless Veterans.
    D. Definitions: 38 CFR 79.5 contains definitions of terms used in 
the LSV Program.
    E. Authority: Funding available under this NOFO is authorized by 38 
U.S.C. 2022A. VA implements the LSV Program through regulations in 38 
CFR part 79. Funds made available under this NOFO are subject to the 
requirements of these regulations.
    F. Requirements: The applicant's request for funding must be 
consistent with the limitation and uses of legal services grant funds 
outlined in 38 CFR part 79 and this NOFO. Per the regulations and this 
NOFO, the following requirements apply to legal services grants awarded 
under this NOFO:

    Grantees may use a maximum of 10% of legal services grant funds 
for administrative costs as identified in 38 CFR 79.90. 
Administrative costs consist of all costs, including all direct and 
indirect costs, associated with the management of the program. These 
costs may include professional training for attorneys to provide 
legal services for Veterans or other activities that are not direct 
services. These costs also include the administrative costs of 
subcontractors.

    G. Guidance for Providing Legal Services: Consistent with 38 CFR 
79.20, grantees are expected to provide legal

[[Page 60810]]

services relevant to issues that interfere with the participant's 
ability to obtain or retain permanent housing. (NOTE: Specific details 
of the legal services provided may be protected from being released to 
the grantee or VA under attorney-client privilege; however, the grantee 
must provide sufficient information to demonstrate the frequency and 
type of legal services delivered.) Support for legal services can 
include paying for court filing fees to assist a participant with 
issues that interfere with the participant's ability to obtain or 
retain permanent housing or legal services, including issues that 
affect the participant's employability and financial security.
    When serving participants who are at risk for homelessness, the 
grantee must document that the Veteran does not have sufficient 
resources or support networks (e.g., friends, faith-based or other 
social networks) immediately available to prevent them from becoming 
homeless. The definition of at-risk may be demonstrated by one or more 
of the following living situations:
    1. Has moved because of economic reasons two or more times during 
the 60 days immediately preceding the application for homelessness 
prevention assistance;
    2. Is living in the home of another because of economic hardship;
    3. Has been notified in writing that their right to occupy their 
current housing or the living situation will be terminated within 21 
days after the date of application for assistance;
    4. Is constructively evicted from their current housing because of 
untenable conditions created by the landlord such as shutting off 
electricity and water or discriminatory acts;
    5. Lives in a hotel or motel, and the cost of the hotel or motel 
stay is not paid by charitable organizations or by Federal, State or 
local government programs for low-income individuals;
    6. Lives in a single-room occupancy or efficiency apartment unit in 
which there reside more than two persons or lives in a larger housing 
unit in which reside more than 1.5 persons reside per room, as defined 
by the United States Census Bureau;
    7. Is exiting a publicly funded institution or system of care (such 
as a health-care facility, a mental health facility, foster care or 
another youth facility, or correction program or institution);
    8. Is fleeing/attempting to escape domestic violence, dating 
violence, sexual assault, stalking or other dangerous or life-
threatening conditions that relate to violence against the individual, 
including a child, that has either taken place within the individual's 
primary nighttime residence or has made the individual afraid to return 
to their primary nighttime residence; and
    9. Otherwise lives in housing that has characteristics associated 
with instability and an increased risk for homelessness.
    H. Evaluation and Performance as noted in Section D. of VI. Award 
Administration Information of this Notice (hyperlink added).

II. Award Information

    A. Allocation of Funds: Under this NOFO, approximately $11.25 
million is available for grants to provide legal services to homeless 
Veterans or Veterans at-risk for homelessness. The LSV Program aims to 
provide grant funding up to a maximum of $150,000 to eligible 
applicants in an approximately 1-year grant cycle. The funding amount 
and number of awards will be determined based on the number of 
responses received by the VA. Funding will only be awarded to 
applicants who demonstrate sufficient capacity to provide legal 
services to homeless Veterans or Veterans at risk for homelessness. 
Renewal funding may be available in a future NOFO and is subject to the 
availability of funding.
    Grants governed by this NOFO are expected to be awarded on or 
around June 1, 2023. Future renewal funding is dependent on such 
factors as need, geographical dispersion; funding availability; the 
recipient meeting performance goals and statutory and regulatory 
requirements; as well as results of VA performance measurement and 
monitoring.
    If VA determines that grantee spending is not meeting the minimum 
percentage milestones identified below, VA may elect to recoup 
projected unused funds and reallocate funds among other grantees who 
are able to fully use the funds to provide legal services during the 
grant period. Should VA elect to recoup unspent funds, reductions in 
available grant funds would take effect the first business day 
following the end of the quarter. VA may elect to recoup funds in the 
following circumstances:
     The grantee's requests to VA for grant funds are less than 
10% of the total grant award by the end of the first quarter of the 
grant cycle, no later than September 30, 2023.
     The grantee's requests to VA for grant funds are less than 
30% of the total grant award by the end of the second quarter of the 
grant cycle, no later than December 31, 2023.
     The grantee's requests to VA for grant funds are less than 
55% of the total grant award by the end of the third quarter of the 
grant cycle, no later than March 31, 2024.
    Reductions will be calculated based on the total amount of payment 
requests submitted in the U.S. Department of Health and Human Services' 
(HHS) Payment Management System (PMS) by 5 p.m. EST on the last 
business day of the quarter. Should VA elect to recoup unspent funds, 
reductions in available grant funds would take place the second 
business day following the end of the quarter. If additional funds 
become available from funds recouped under the Award Information 
section of this NOFO, funds that are voluntarily returned by grantees, 
funds that become available due to a grant termination, or other funds 
still available for grant awards, VA may elect to offer these funds to 
other grantees. Additional funds may be provided to grantees that are 
in compliance with their grant agreement and have the capacity to use 
the additional funds, with priority given in descending order based on 
grantees' original application's ranking/score.
    B. Funding Restrictions: Applicants may not receive funding to 
replace funds provided by any other Federal, State, or local government 
agency or program to assist homeless Veterans. VA will not fund 
projects or activities deemed outside the scope of those enumerated in 
38 CFR 79.20 and this NOFO.

III. Eligibility Information

    A. Eligibility: For purposes of this NOFO, an eligible applicant is 
a public or non-profit private entity as defined in 38 CFR 79.10. 
Applicants must have the necessary technical and administrative 
abilities and resources to execute the program successfully. Applicants 
must provide sufficient eligibility information to allow VA to evaluate 
their application for scoring purposes. Only eligible entities can 
apply in response to this NOFO.
    Applicants with 501(c)(3) Internal Revenue status must provide a 
copy of their status determination letter received from the Internal 
Revenue Service. Award recipients must maintain their status as 
501(c)(3) or 501(c)(19) non-profit, State or local government or 
recognized Indian Tribal government as defined by General Services 
Administration regulations, 41 CFR 105-71.102, for the entire award 
cycle. Faith-based organizations may apply for the LSV grant program. 
Faith-based organizations are eligible, on the same basis as any other 
organization, to

[[Page 60811]]

participate in the LSV grant program as described in 38 CFR 79.80.
    B. Cost Sharing or Matching: Cost-sharing or matching is not 
required for this funding opportunity.
    C. Other Eligibility Criteria: System for Award Management 
(SAM.gov) Registration. Applicants are required to register in SAM.gov 
before submitting a Federal award application. Federal award recipients 
must continue to maintain an active SAM.gov registration with current 
information through the life of their Federal award.
    As described in 38 CFR 79.10, this program prohibits issuing awards 
to entities that do not meet criteria for an eligible entity.

IV. Application and Submission Information

    A. Obtaining an Application Package: Applicants must submit 
applications electronically following instructions found at www.va.gov/homeless/lsv.asp. VA will not accept applications by mail, in person or 
by facsimile. Applications must be received electronically by the LSV 
Program by 4 p.m. EST on the application deadline date. Applications 
must arrive as a complete package, and VA will not review materials 
arriving separately from the original application package, resulting in 
the application being rejected. See Section II.A. of this NOFO for 
maximum allowable grant amounts. The required documentation for 
application submission is outlined in the Application Documentation 
Required section of this NOFO. Forms that must be included as part of a 
complete application package may be downloaded directly from VA's LSV's 
website at www.va.gov/homeless/lsv.asp. Questions may be referred to 
the LSV Program at [email protected].
    B. Content and Form of Application: VA is seeking to focus 
resources to provide legal services to Veterans who are homeless or at 
risk for homelessness. Applicants must submit applications 
electronically following instructions found at www.va.gov/homeless/lsv.asp. Applicants must include all required documents in their 
application submission as described in ``Application Documentation 
Required'' section (see below). VA will reject application packages 
that are incorrect, incomplete or incorrectly formatted.
    Application Documentation Required:
    1. Applicants must provide a current Employer Identification 
Number, Data Universal Number System number, a valid Unique Entity 
Identifier (UEI) if available and a SAM.gov expiration date. VA 
reserves the right to verify the information and reject applications if 
the information cannot be readily verified. Applicants are required to 
register in SAM.gov before applying. They must continue to maintain an 
active SAM.gov registration with current information for the entire 
time they have an active Federal award or an application under 
consideration.
    2. VA will give preference to applicants who have a demonstrated 
focus on women Veterans. For a preference to be given, the applicant 
must provide a plan that describes how the applicant will use at least 
10% of the grant funds to service eligible women Veterans.
    3. VA notes that legal services grant applications must include 
applicants' identification of the target populations and the area or 
community the applicant proposes to serve.
    4. Funding Restrictions: Applicants may not receive funding to 
replace funds provided by any other Federal, State or local government 
agency or program to assist homeless Veterans. VA will not fund 
projects or activities deemed outside the scope of those enumerated in 
38 CFR 79.20 and this NOFO.

V. Application Review Information

    A. Application: VA will use the following criteria to score 
applicants who are applying for a legal services grant:
    Section A (35 maximum points): Background, Qualifications, 
Experience and Past Performance of Applicant and any Identified 
Subcontractor. VA will award points based on the background, 
qualifications, experience and past performance of the applicant and 
any subcontractors identified by the applicant in the legal 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 individuals who are homeless, at risk for 
homelessness, or who have very low income, as defined under this part.
    (ii) Applicant's staff, and any identified subcontractors' staff, 
have experience administering programs similar to the grant program 
under this part.
    (3) Organizational qualifications and past performance.
    (i) Applicant, and any identified subcontractors, have 
organizational experience providing legal services to individuals who 
are homeless, at risk for homelessness or who have very low income as 
defined under this part.
    (ii) Applicant, and any identified subcontractors, have 
organizational experience administering a program similar in type and 
scale to the grant program.
    (iii) Applicant, and any identified subcontractors, have or plan to 
hire staff, who are qualified to administer legal services, and as 
applicable, are in good standing as a member of the applicable state 
bar.
    (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 legal services to Veterans.
    Section B (maximum 25 points): Program Concept and Legal Services 
Plan. VA will award points based on the applicant's program concept and 
legal services plan, as demonstrated by the following:
    (1) Need for program.
    (i) Applicant has shown a need among eligible Veterans in the area 
or community where the program will be based.
    (ii) Applicant understands the legal services needs unique to 
eligible Veterans in the area or community where the program will be 
based.
    (2) Outreach and screening plan.
    (i) Applicant has a feasible outreach and referral plan to identify 
and assist eligible veterans that are most in need of legal services. 
This plan should include how the applicant will ensure that services 
are provided to eligible Veterans, including women Veterans and how the 
applicant will use at least 10% of the grant funds to service eligible 
women Veterans.
    (ii) Applicant has a plan to process and receive referrals from 
eligible Veterans.
    (iii) Applicant has a plan to assess and accommodate the needs of 
incoming eligible Veterans.
    (3) Program concept.
    (i) Applicant's program concept, size, scope and staffing plan are 
feasible.
    (ii) Applicant's program is designed to meet the legal needs of 
eligible Veterans in the area or community where the program will be 
based.

[[Page 60812]]

    (4) Program implementation timeline.
    (i) Applicant's program will be implemented in a timely manner and 
legal services will be delivered to eligible Veterans 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 
grant program. Applicant is committed to ensuring that its program 
meets VA's requirements, goals and objectives for the grant program as 
identified in the regulation and the Purpose Section of the NOFO 
(hyperlink added).
    (7) Capacity to undertake program. Applicant has sufficient 
capacity, including staff resources, to undertake the program.
    Section C (maximum 15 points): Quality Assurance and Evaluation 
Plan. VA will award 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 metrics 
that align with the grant program's aim of addressing the legal needs 
of eligible Veterans against which the applicant's program performance 
can be continually evaluated.
    (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 legal services grant funds.
    (iii) Applicant has a plan for ensuring that the applicant's staff 
and any subcontractors are appropriately trained and comply with the 
requirements of 38 CFR part 79.
    (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.
    Section D (maximum 15 points): Financial Capability and Plan. VA 
will award 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 period of the legal services 
grant.
    (ii) Applicant's program is cost-effective and can be effectively 
implemented on-budget.
    Section E (maximum 10 points): Area Linkages and Relations. VA will 
award 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 governments, agencies, and private entities for the purposes of 
providing additional legal services to eligible Veterans.
    (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 in need of 
services similar to those covered under the grant program.
    (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.
    B. Applicant Certifications and Assurances: Applicants must sign 
and submit the grant application agreeing to the following:
    (1) Project Budget Template. Applicants must attach an itemized 
detailed budget using the approved SF 424A form and corresponding to 
the narrative provided in the financial capability and plan. The 
categories and costs included in the detailed budget must indicate the 
plan and demonstrate compliance with cost principles. See the 
Attachments section at the end of the application. Successful 
applicants must follow all applicable budget requirements, including 
the Federal cost principles in 2 CFR part 200, LSV regulations at 38 
CFR part 79 and budget requirements of this NOFO.
    (2) Additional Eligibility Documentation. Applicants will provide 
other required or optional materials as attachments, including:
    (i) Budget Template (required);
    (ii) Letters of coordination (optional); and
    (iii) Resumes or position descriptions of key staff (required).
    C. Criteria for Threshold Review: Submission of an incorrect or 
incomplete application package will result in the application being 
rejected and not considered for award. Only applications that meet 
threshold requirements in 38 CFR 79.30 will be scored consistent with 
criteria in 38 CFR 79.35.
    D. Review and Selection Process: Review and selection process may 
be found at 38 CFR 79.40. In case of a discrepancy between information 
provided by the applicant and other information available to VA, VA 
reserves the right to make funding decisions based on all available 
information or to not select an application. VA also will use the 
following considerations in 38 CFR 79.40(d) to select applicants for 
funding:
    (1) VA will rank those applicants who score at least 50 cumulative 
points and receive at least one point under each of the categories: (a) 
Background, Qualifications, Experience and Past Performance of 
Applicant and Any Identified Subcontractor, (b) Program Concept and 
Legal Services Plan, (c) Quality Assurance and Evaluation Plan, (d) 
Financial Capability and Plan and (e) Area Linkages and Relations. VA 
will use the ranked scores of applicants as the primary basis for 
selection. The applicants will be ranked in order from highest to 
lowest.
    (2) VA will give preference to applicants who have the demonstrated 
ability to provide or coordinate the provision of legal services 
individuals who are homeless, at risk for homelessness or have very low 
income, as defined by this part.
    (3) To the extent practicable, VA will ensure that legal services 
grants are equitably distributed across geographic regions, including 
with respect to rural communities, trust lands, Native Americans and 
tribal organizations.
    (4) VA will give preference to applicants with a demonstrated focus 
on women Veterans. For such a preference to be given, the applicant 
must provide a plan that describes how the applicant will use at least 
10% of grant funds to provide legal services to women Veterans.
    E. Funding Actions: VA will provide funding to all eligible 
applicants in the score order described in this NOFO until funding is 
exhausted. Funding is not guaranteed. Before awarding a grant 
agreement, VA reserves the right to make adjustments (e.g., to funding

[[Page 60813]]

levels) as needed within the intent of this NOFO based on a variety of 
factors, including the quantity and quality of applications, geographic 
dispersion, as well as the availability of funding. VA will consider 
any information that comes to its attention, including information in 
the designated integrity and performance system, in making a judgment 
about the applicant's integrity, business ethics and performance under 
Federal awards. VA may not make a Federal award to an applicant if the 
applicant has not complied with all applicable UEI and SAM.gov 
requirements. Applicants may refer to 2 CFR part 25 and SAM.gov for 
more information. If an applicant has not fully complied by the time 
the Federal awarding agency is ready to make a Federal award, the 
Federal awarding agency may determine that the applicant is not 
qualified to receive a Federal award and use that determination as a 
basis for making a Federal award to another applicant. VA may elect to 
award additional applications based on the availability of funds and 
quality of applications. Upon signature of the grant agreement by the 
Secretary, or designated representative, final selection will be 
completed, and the grant funds will be obligated for the funding 
period.

VI. Award Administration Information

    A. Award Notice: Although subject to change, the LSV Program 
expects to announce grant awards on or around June 1, 2023. VA reserves 
the right to make adjustments (e.g., to funding levels) as needed 
within the intent of the NOFO based on a variety of factors, including 
the availability of funding and performance. The initial announcement 
will be made via a news release posted on the VA's LSV website at 
www.va.gov./homeless/lsv.asp.
    The LSV Program will notify successful and unsuccessful applicants. 
Only a grant agreement with a VA signature is evidence of an award and 
is an authorizing document allowing costs to be incurred against a 
grant award. Other notices, letters or announcements are not 
authorizing documents. The grant agreement includes the terms and 
conditions of the award and must be signed by the entity and VA to be 
legally binding.
    B. Administrative and National Policy Requirements: VA places great 
emphasis on responsibility and accountability. VA has procedures in 
place to monitor grants provided under the Legal Services for Homeless 
Veterans and Veterans At-Risk for Homelessness Grant. All applicants 
selected in response to this NOFO must agree to meet applicable 
inspection standards outlined in the grant agreement.
    C. Payment: Grantees will receive payments electronically through 
HHS PMS. Grantees will have the ability to request payments as 
frequently as they choose subject to the following limitations:
    1. During the first quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 35% of the total legal 
services grant award without written approval by the VA.
    2. By the end of the second quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 60% of the total legal 
services grant award without written approval by VA.
    3. By the end of the third quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 80% of the total legal 
services grant award without written approval by VA.
    4. By the end of the fourth quarter of the grantee's annualized 
legal services grant award period, the grantee's cumulative requests 
for legal services grant funds may not exceed 100% of the total legal 
services grant award.
    D. Reporting, Evaluation and Performance: VA places great emphasis 
on the responsibility and accountability of grantees. As described in 
38 CFR 79.95, VA has procedures to monitor legal services provided to 
participants and outcomes associated with the legal services provided 
under the LSV Program. Applicants should be aware of the following:
    1. Grantees will be required to track data that will consist of 
information on the participants served and the types of legal services 
provided by grantees. Information regarding legal services provided may 
be protected from being released to the VA under attorney-client 
privilege; however, the grantee must provide sufficient information to 
demonstrate the frequency and type of services delivered to meet 
performance measurement outcomes, as defined in 2 CFR 200.301.
    2. VA will complete annual monitoring evaluations of each grantee. 
Monitoring also will include the submission of quarterly and yearly 
financial and performance reports by the grantee. The grantee will be 
expected to demonstrate adherence to the grantee's proposed program 
concept, as described in the grantee's application. All grantees are 
also subject to audits conducted by the VA or its representative.
    3. Grantees will be assessed based on their ability to meet 
critical reporting requirements that are defined by the regulations.

VII. Federal Awarding Agency Contact

    Ms. Madolyn Gingell, National Coordinator, Legal Services for 
Veterans, [email protected].
Signing Authority:
    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on September 29, 2022, 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.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2022-21603 Filed 10-5-22; 8:45 am]
BILLING CODE 8320-01-P