Rule2022-10930
Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2022
Effective
July 1, 2022
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) issues this rule to implement a new authority requiring VA to award grants to eligible entities that will provide certain legal services for homeless veterans and veterans at risk for homelessness. This new grant program is within the continuum of VA's homeless services programs. This rulemaking specifies grant eligibility criteria, application requirements, scoring criteria, constraints on the allocation and use of the funds, and other requirements necessary to implement this grant program.
Full Text
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<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33025-33047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10930]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 79
RIN 2900-AR33
Legal Services for Homeless Veterans and Veterans At-Risk for
Homelessness Grant Program
AGENCY: Department of Veterans Affairs.
ACTION: Interim final rule.
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SUMMARY: The Department of Veterans Affairs (VA) issues this rule to
implement a new authority requiring VA to award grants to eligible
entities that will provide certain legal services for homeless veterans
and veterans at risk for homelessness. This new grant program is within
the continuum of VA's homeless services programs. This rulemaking
specifies grant eligibility criteria, application requirements, scoring
criteria, constraints on the allocation and use of the funds, and other
requirements necessary to implement this grant program.
DATES:
Effective date: This interim final rule is effective July 1, 2022.
Comment date: Comments must be received on or before August 1,
2022.
ADDRESSES: Comments must be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> for public
viewing, inspection or copies. Comments received will be available at
<a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Madolyn Gingell, National Coordinator,
Legal Services for Veterans, Veterans Justice Programs, Clinical
Services, Veterans Health Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW, Washington, DC 20420, (239) 223-4681.
(This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION:
Background on Governing Statute and Public Input
On January 5, 2021, the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020, Public Law
116-315 (the Act) was enacted in law to improve the lives of veterans
during the COVID-19 pandemic and beyond. Several sections, including
section 4202, of the Act were created to better serve veterans who are
struggling with homelessness or housing insecurity. Id. Section 4202 of
the Act, codified at section 2022A of title 38, United States Code
(U.S.C.), directs the Secretary of Veterans Affairs (Secretary) to
award grants to eligible entities to provide legal services to homeless
veterans and veterans at risk for homelessness.
The Act requires that VA, in establishing criteria and requirements
for grants under section 4202 of the Act, consult with organizations
that have experience in providing services to homeless veterans.
Therefore, in March 2021, we solicited feedback from selected veteran
service organizations, Equal Justice Works (EJW), and other legal
services organizations with experience in providing services to
homeless veterans via email. VA requested information in five areas:
(1) Criteria and requirements necessary to carry out this grant program
in rural communities, on trust lands, or in territories and possessions
of the United States; (2) types of legal services VA should consider
authorizing as part of this grant program; (3) evaluation criteria VA
should consider using to assess the operational effectiveness and cost
effectiveness of this grant program; (4) general criteria and
requirements that VA should have for this grant program; and (5)
criteria that VA require for eligible entities to receive grants under
this grant program. We received input from 13 organizations. The
majority of the comments centered on: (1) Definitions that should be
included in the regulation (Sec. 79.5) and/or Notice of Funding
Opportunity (NOFO); (2) the types of legal services that should be
provided to eligible veterans to include an expanded view of issues
impacting the veteran population that may not be seen as directly tied
to housing instability, such as consumer debt issues and income support
services (Sec. 79.20); (3) scoring criteria considerations, which
focused on an applicant's connections to a community, ability to work
with other organizations, and cultural competence with the affected
population being served (Sec. 79.35); and (4) metrics the legal
services programs could use for VA to determine their cost and
operational effectiveness. The feedback received is publicly available
online at www.<a href="http://regulations.gov">regulations.gov</a>.
Part 79, of Title 38, Code of Federal Regulations
Through this interim final rule, VA establishes and implements, in
new part 79 of title 38, Code of Federal Regulations (CFR), the Legal
Services for Homeless Veterans and Veterans At-Risk for Homelessness
Grant Program (hereinafter referred to as the ``Grant Program'').
Establishment of this new part ensures organization and clarity for
[[Page 33026]]
implementation of this new grant program. By issuance of the
regulations in this new part, VA implements the Grant Program to award
grants to eligible entities who will provide legal services to eligible
veterans. The content of this new part is described in detail below.
Consistent with section 4202 of the Act, part 79 is titled the
Legal Services for Homeless Veterans and Veterans At-Risk for
Homelessness Grant Program.
Section 79.0 Purpose and Scope
Section 79.0 explains the purpose and scope of part 79. Paragraph
(a) states that the purpose of this part is to implement the Legal
Services for Homeless Veterans and Veterans At-Risk for Homelessness
Grant Program. This Grant Program authorizes VA to award legal services
grants to eligible entities to provide legal services to eligible
veterans. This is consistent with the intent and purpose of section
4202 of the Act.
Paragraph (b) states that legal services covered by this part are
those services that address the needs of eligible veterans who are
homeless or at risk for homelessness. This is consistent with the
intent and purpose of the Grant Program described in section 4202 of
the Act.
Section 79.5 Definitions
Section 79.5 contains the definitions for key terms that apply to
the new part 79 and to any Notice of Funding Opportunity (NOFO) for
this Grant Program. The definitions are listed in alphabetical order,
beginning with the definition of applicant.
VA defines applicant to mean an eligible entity that submits an
application for a legal services grant announced in a NOFO. VA is
defining applicant in this manner since only an eligible entity, as
specified in Sec. 79.10, may submit an application for a legal
services grant under this part in accordance with Sec. 79.25. This
definition is based also on a plain language understanding of this term
and is consistent with other grant programs that VA administers, such
the Supportive Services for Veteran Families (SSVF) Program. See 38 CFR
62.2. As explained in Sec. 79.25, VA will require submission of an
application similar to other grant programs that VA administers.
VA defines at risk for homelessness to mean an individual who meets
the criteria identified in Sec. 79.15(b).
VA defines direct Federal financial assistance to mean Federal
financial assistance received by an entity selected by the Government
or a pass-through entity as defined in 38 CFR 50.1(d) to provide or
carry out a service (e.g., by contract, grant, or cooperative
agreement). This term is used for purposes of Sec. 79.80 pertaining to
faith-based organizations and is consistent with how VA defines this in
the SSVF Program. See 38 CFR 62.62.
VA defines disallowed costs as costs charged by a grantee that VA
determines to be unallowable based on applicable Federal cost
principles or based on this part or the legal services grant agreement.
This is consistent with how VA defines this term in the SSVF Program.
See 38 CFR 62.2. This term is used for purpose of grant closeout
procedures in Sec. 79.115.
VA defines eligible entity to mean an entity who meets the
requirements of Sec. 79.10.
VA defines eligible veteran as a veteran that meets the
requirements of Sec. 79.15(a) or (b). As discussed later in this
rulemaking, Sec. 79.15 describes the eligibility criteria to be an
eligible veteran under part 79.
VA defines grantee as an eligible entity that is awarded a legal
services grant under this part. This is consistent with how VA defines
grantee for other VA grant programs and is consistent with the plain
meaning of this term.
Consistent with 38 U.S.C. 2002(a)(1), VA defines homeless veteran
to mean a veteran who is homeless as that term is defined in subsection
(a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302).
For the purposes of this part, Indian tribe means an Indian tribe
as defined in 25 U.S.C. 4103. Section 4103(13)(A) of title 25, U.S.C.,
defines Indian tribe in general to mean a tribe that is a Federally or
a State recognized tribe. Section 4103(13)(B) of title 25, U.S.C.,
further defines Federally recognized tribe to mean any Indian tribe,
band, nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village corporation
as defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
Section 4103(13)(C) of title 25, U.S.C., also defines State recognized
tribe to mean any tribe, band, nation, pueblo, village, or community--
(1) that has been recognized as an Indian tribe by any State; and (2)
for which an Indian Housing Authority has, before the effective date
under section 705, entered into a contract with the Secretary of
Housing and Urban Development pursuant to the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) for housing for Indian families and
has received funding pursuant to such contract within the 5-year period
ending upon such effective date. This definition also includes certain
conditions set forth in 25 U.S.C. 4103(13)(C)(ii).
VA defines indirect Federal financial assistance to mean Federal
financial assistance in which a service provider receives program funds
through a voucher, certificate, agreement or other form of
disbursement, as a result of the genuine, independent choice of a
participant. This term is used for purposes of Sec. 79.80 and is
consistent with how VA defines this in the SSVF Program. See 38 CFR
62.62.
VA defines legal services as those services listed in Sec. 79.20.
This is consistent with 38 U.S.C. 2022A(d) regarding the use of funds
under section 4202 of the Act.
VA defines legal services grant as a grant awarded under this part.
This definition is based on the plain language understanding of this
term.
VA defines legal services grant agreement as the agreement executed
between VA and a grantee as specified under Sec. 79.70. This
definition is based on the plain language understanding of this term
and is consistent with the definition of similar terms in other VA
regulations. See Sec. 62.2.
VA defines a non-profit private entity as an entity that meets the
criteria in Sec. 79.10(c).
VA defines notice of funding opportunity (NOFO) using the meaning
given to this term in 2 CFR 200.1. Section 200.1 defines NOFO to mean a
formal announcement of the availability of Federal funding through a
financial assistance program from a Federal awarding agency. The NOFO
provides information on the award, who is eligible to apply, the
evaluation criteria for selection of an awardee, required components of
an application, and how to submit the application. The NOFO is any
paper or electronic issuance that an agency uses to announce a funding
opportunity, whether it is called a ``program announcement,'' ``notice
of funding availability,'' ``broad agency announcement,'' ``research
announcement,'' ``solicitation,'' or some other term. Part 200 of 2 CFR
establishes the uniform administrative requirements, cost principles,
and audit requirements for Federal awards to non-Federal entities. This
grant program would be subject to the requirements of 2 CFR part 200.
[[Page 33027]]
VA defines participant to mean an eligible veteran who is receiving
legal services from a grantee under this part. This definition is
necessary for purposes of understanding part 79 and the Grant Program.
VA defines public entity to mean an entity that meets the criteria
in Sec. 79.10(b).
VA defines rural communities to mean those communities considered
rural according to the Rural-Urban Commuting Area (RUCA) system as
determined by the United States Department of Agriculture (USDA). VA
will use this term and its definition for purposes of prioritizing the
distribution of grants to rural communities pursuant to section 4202 of
the Act. For more information on RUCA, please refer to <a href="https://www.ers.usda.gov/data-products/rural-urban-commuting-area-codes/">https://www.ers.usda.gov/data-products/rural-urban-commuting-area-codes/</a>.
VA defines State to mean any of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, any
territory or possession of the United States, or any agency or
instrumentality of a State exclusive of local governments. This is
consistent with the definition of State as used in 38 U.S.C. 101(20)
and in the SSVF Program (see Sec. 62.2). This is also consistent with
the definition of State as used in 2 CFR 200.1.
VA defines subcontractor to mean any third-party contractor, of any
tier, working directly for an eligible entity.
VA defines suspension to mean an action by VA that temporarily
withdraws VA funding under a legal services grant, pending corrective
action by the grantee or pending a decision to terminate the legal
services grant by VA. Suspension of a legal services grant is a
separate action from suspension under VA regulations or guidance
implementing Executive Orders 12549 and 12689, ``Debarment and
Suspension.'' This definition is consistent with the SSVF Program's
definition for this term. See Sec. 62.2. However, with regards to
implementing Executive Orders 12549 and 12689, VA has added the word
guidance, as not all of VA's implementations of Executive Orders are
regulatory.
Tribal organization has the meaning given that term in 25 U.S.C.
5304. Section 5304 defines a tribal organization as the recognized
governing body of any Indian tribe; any legally established
organization of Indians which is controlled, sanctioned, or chartered
by such governing body or which is democratically elected by the adult
members of the Indian community to be served by such organization and
which includes the maximum participation of Indians in all phases of
its activities: Provided, that in any case where a contract is let or
grant is made to an organization to perform services benefiting more
than one Indian tribe, the approval of each such Indian tribe shall be
a prerequisite to the letting or making of such contract or grant. This
definition is consistent with the reference to tribal organizations in
section 4202 of the Act.
Trust land has the meaning given that term in 38 U.S.C. 3765.
Section 3765 defines trust land to mean any land that (A) is held in
trust by the United States for Native Americans; (B) is subject to
restrictions on alienation imposed by the United States on Indian lands
(including native Hawaiian homelands); (C) is owned by a Regional
Corporation or a Village Corporation, as such terms are defined in
section 3(g) and 3(j) of the Alaska Native Claims Settlement Act,
respectively (43 U.S.C. 1602(g), (j)); or (D) is on any island in the
Pacific Ocean if such land is, by cultural tradition, communally-owned
land, as determined by the Secretary.
VA defines very low income to mean a veteran's income is 50 percent
or less of the median income for an area or community. This is
consistent with the definition of very low-income veteran family used
for purposes of the SSVF Program but tailored to individuals for
purposes of this program. See 38 U.S.C. 2044(f)(6). VA believes that
incorporating an eligible entity's experience with low-income
populations as an alternative criterion will be helpful in determining
organizations' familiarity with populations similar to those targeted
by the Grant Program, homeless veterans and veterans who are at risk
for homelessness. We note that this term is used throughout part 79,
including Sec. 79.35 regarding scoring criteria for legal services
grant applicants and Sec. 79.40 regarding preferences for selection of
grantees. We note that an individual is not required to be considered
very low income to be eligible for receive legal services provided
pursuant this Grant Program. See Sec. 79.15 for eligibility criteria.
Veteran has the same meaning given that term under 38 U.S.C.
101(2). Section 101 of title 38, U.S.C., defines veteran as a person
who served in the active military, naval, air, or space service, and
who was discharged or released therefrom under conditions other than
dishonorable. This term is used for purposes of identifying eligible
veterans as defined in Sec. 79.15 in this part.
VA defines withholding to mean that payment of a legal services
grant will not be paid until such time as VA determines that the
grantee provides sufficiently adequate documentation and/or actions to
correct a deficiency for the legal services grant. This term is defined
in this manner as it is intended to provide a general description of
how this term is used in 2 CFR part 200, which governs VA grant
programs including the legal services grant program. This term relates
to withholding payment of a legal services grant pursuant to Sec.
79.110, described later in this rulemaking.
Section 79.10 Eligible Entities
Consistent with 38 U.S.C. 2022A(c), Sec. 79.10 provides the
criteria for an entity to be considered an eligible entity. Paragraph
(a) provides that, in order to be an eligible entity under this part,
the entity must (1) be a public or nonprofit private entity with the
capacity to effectively administer a grant under this part; (2)
demonstrate that adequate financial support will be available to carry
out the services for which the grant is sought consistent with the
legal services grant application; and (3) agree to meet the applicable
criteria and requirements of this part.
Paragraph (b) provides that a public entity must be a local
government, State government, or federally recognized Indian tribal
government. Paragraph (b)(1) states that local government consists of
either a county, municipality, city, town, township, local public
authority (including any public and Indian housing agency under the
United States Housing Act of 1937), school district, special district,
intrastate district, council of governments (whether or not
incorporated as a nonprofit corporation under state law), any other
regional or interstate government entity, or any agency or
instrumentality of a local government. Paragraph (b)(2) states that a
public entity can be a State government. Paragraph (b)(3) states that
federally recognized Indian tribal government means the governing body
or a governmental agency of any Indian tribe, band, nation, or other
organized group or community (including any Native village as defined
in section 3 of the Alaska Native Claims Settlement Act, 85 Stat. 688)
certified by the Secretary of the Interior as eligible for the special
programs and services provided by him through the Bureau of Indian
Affairs. Using these definitions establishes consistency and uniformity
among Federal agencies in the administration of grants and cooperative
[[Page 33028]]
agreements to State, local, and federally recognized Indian tribal
governments.
Paragraph (c) states that a non-profit private entity is an entity
that meets the requirements of 26 U.S.C. 501(c)(3) or (19). We would
reference 26 U.S.C. 501(c)(3) or (19) as the Internal Revenue Service
determines non-profit designation for purposes of tax exemptions
pursuant to such statute. Subsection 501(c)(3) includes corporations,
and any community chest, fund, or foundation, organized and operated
exclusively for religious, charitable, scientific, testing for public
safety, literary, or educational purposes, or to foster national or
international amateur sports competition (but only if no part of its
activities involve the provision of athletic facilities or equipment),
or for the prevention of cruelty to children or animals, no part of the
net earnings of which inures to the benefit of any private shareholder
or individual, no substantial part of the activities of which is
carrying on propaganda or otherwise attempting to influence legislation
(except as otherwise provided in 26 U.S.C. 501(h)), and which does not
participate in, or intervene in (including the publishing or
distributing of statements), any political campaign on behalf of (or in
opposition to) any candidate for public office.
Subsection 501(c)(19) of title 26 includes a post or organization
of past or present members of the Armed Forces of the United States, or
an auxiliary unit or society of, or a trust or foundation for, any such
post or organization--(A) organized in the United States or any of its
possessions, (B) at least 75 percent of the members of which are past
or present members of the Armed Forces of the United States and
substantially all of the other members of which are individuals who are
cadets or are spouses, widows, widowers, ancestors, or lineal
descendants of past or present members of the Armed Forces of the
United States or of cadets, and (C) no part of the net earnings of
which inures to the benefit of any private shareholder or individual.
Section 79.15 Eligible Veterans
Section 79.15 describes the criteria for individuals to receive
legal services under this Grant Program. Pursuant to paragraph (a) of
this section, to be eligible for legal services under this part, an
individual must be a homeless veteran or a veteran at risk for
homelessness.
Under paragraph (b), VA provides the criteria to be considered at
risk for homelessness. At risk for homelessness in this part means an
individual who does not have sufficient resources or support networks,
e.g., family, friends, faith-based or other social networks,
immediately available to prevent them from moving to an emergency
shelter or another place described in paragraph (1) in the definition
of ``homeless'' found in 24 CFR 576.2 and meets one or more of the
following conditions: (1) Has moved because of economic reasons two or
more times during the 60 days immediately preceding the application for
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 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 there reside more than 1.5 persons
reside per room, as defined by the U.S. 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 other youth
facility, or correction program or institution); (8) is fleeing, or is
attempting to flee 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; or (9) otherwise lives in housing that has characteristics
associated with instability and an increased risk for homelessness.
As section 4202 of the Act did not define the term ``at risk of
homelessness,'' we researched how VA has defined this term for other
programs, such as SSVF Program. In such programs, VA has used the
definition used by HUD in implementing emergency solutions grants
pursuant to the McKinney-Vento Homeless Assistance Act. See 24 CFR
576.2. Thus, for purposes of this Grant Program, we are using the
definition of at risk of homelessness as defined in Sec. 576.2.
However, we have made minor changes to the definition to better reflect
the purpose of this Grant Program. First, we removed the criterion that
the individual has an annual income below 30 percent of the median
family income for the area, as determined by HUD. We do not want
veterans to be unable to receive services due to income limitations. VA
recognizes that there may be situations where a veteran earns an income
beyond the HUD limitation in 24 CFR 576.2(i) but is still unable to
maintain housing because of a high cost of living where they reside. We
also did not include homelessness prevention as a qualifier for
assistance found in 24 CFR 576.2(iii)(A). VA recognizes that other
types of assistance exist that that may not fall specifically under
homelessness prevention assistance but have the impact of preventing
homelessness. We also added two new possible criteria for eligibility
in Sec. 79.15(b)(4) and (8): Constructive eviction due to untenable
conditions created by the landlord; and situations involving intimate
partner violence. These criteria were added in response to
recommendations from legal service organizations during the
consultation in March 2021. Commenters made these suggestions based on
their experience providing legal services to homeless and at-risk
veterans. Thus, we believe that these additional criteria would ensure
legal services provided pursuant to these grants would be more
responsive to the needs of these veterans. Finally, we removed the
provisions related to children and family members because this Grant
Program is designed to assist individual veterans. Although the
ultimate outcome of the legal service provided to a veteran may
positively impact that veteran's children or family, the direct impact
of this grant was designed to assist individual veterans.
Section 79.20 Legal Services
Consistent with 38 U.S.C. 2022A(d), 38 CFR 79.20 enumerates
allowable legal services covered under this Grant Program. These
include (a) legal services related to housing, including eviction
defense, representation in landlord-tenant cases, and representation in
foreclosure cases; (b) legal services related to family law, including
assistance in court proceedings for child support and custody, divorce,
estate planning, and family reconciliation; (c) legal services related
to income support, including assistance in obtaining public benefits;
(d) legal services related to criminal defense, including defense in
matters symptomatic of homelessness, such as outstanding warrants,
fines, and driver's license revocation, and citations (to reduce
recidivism and facilitate the
[[Page 33029]]
overcoming of reentry obstacles in employment or housing, covered legal
services relating to criminal defense also include legal assistance
with request to expunge or seal a criminal record); (e) legal services
relating to requests to upgrade the characterization of discharge or
dismissal of a former member of the Armed Forces under 10 U.S.C. 1553;
and (f) other covered legal services as the Secretary determines
appropriate.
Those other legal services include: Legal assistance with
protective orders and other matters related to domestic or intimate
partner violence; access to health care; consumer law matters, such as
debt collection, garnishments, usury, fraud, deceit, and financial
exploitation; employment law matters; and unmet legal needs of male and
female veterans enumerated in VA's annual Community Homelessness
Assessment, Local Education and Networking Groups (CHALENG) survey for
the grant award year. We intentionally left the legal services
categories broad enough to provide grantees with flexibility to
determine the types of legal services that an organization could
provide within each category. In addition, VA may periodically review
the legal services enumerated above and make modifications as necessary
through the rulemaking process to meet the needs of eligible veterans.
Section 79.25 Applications for Legal Services Grants
Section 79.25 sets forth the criteria for a complete application
for a legal services grant under this part.
Paragraph (a) explains that applicants must submit a complete
application package for a legal services grant, as described in the
NOFO, and enumerates the necessary information for VA to consider the
application package complete. This list of items described in paragraph
(a) ensures that VA can adequately evaluate applicants for the purposes
of this Grant Program.
A complete legal services grant application package includes: (1) A
description of the legal services to be provided by the applicant and
the identified need for such legal services among eligible veterans;
(2) a description of how the applicant will ensure that services are
provided to eligible veterans, including women veterans; (3) a
description of the characteristics of eligible veterans who will
receive legal services provided by the applicant; (4) an estimate with
supporting documentation of the number of eligible veterans who will
receive legal services provided by the applicant, including an estimate
of the number of eligible women veterans, who will receive legal
services provided by the applicant; (5) a plan for how the applicant
will use at least ten percent of the grant funds to serve eligible
women veterans; (6) documentation describing the experience of the
applicant and any identified subcontractors in providing legal services
to eligible veterans; (7) documentation relating to the applicant's
ability to coordinate with any identified subcontractors; (8)
documentation of the applicant's capacity to effectively administer a
grant under this section that describes the applicant's: (i) Accounting
practices and financial controls; (ii) capacity for data collection and
reporting required under this part; and (iii) experience administering
other Federal, State, or county grants similar to the Grant Program
under this part; (9) documentation of the managerial capacity of the
applicant to: (i) Coordinate the provision of legal services by the
applicant or by other organizations on a referral basis; (ii) assess
continuously the needs of eligible veterans for legal services; (iii)
coordinate the provision of legal services with services provided by
VA; (iv) customize legal services to the needs of eligible veterans;
and (v) comply with and implement the requirements of this part
throughout the term of the legal services grant; (10) documentation
that demonstrates that adequate financial support will be available to
carry out the legal services for which the grant is sought consistent
with the application; and (11) any additional information as deemed
appropriate by VA. VA plans to offer technical assistance to help
prospective applicants clarify any aspects of the application package.
We note that the requirement in Sec. 79.25(a)(5) that applicants
provide in their application a plan for how they will use at least ten
percent of the grant funds to serve eligible women veterans is included
in order to meet the requirement in 38 U.S.C. 2022A(e). Subsection (e)
requires that for any fiscal year, not less than ten percent of the
amount authorized to be appropriated for grants under section 2022A be
used to provide legal services under this part to women veterans.
Paragraph (b) states that subject to funding availability, grantees
may submit an application for renewal of a legal services grant if the
grantee's program will remain substantially the same. To apply for
renewal of a legal services grant, a grantee must submit to VA a
complete legal services grant renewal application package, as described
in the NOFO. This is consistent with how VA administers other VA grant
programs, such as the SSVF Program under part 62 and will allow VA to
renew grants in an efficient and timely manner so that there will be no
lapse in the provision of legal services by grantees to participants
from year to year.
Paragraph (c) establishes that VA may request, in writing, that an
applicant or grantee, as applicable, submit other information or
documentation relevant to the legal services grant application.
Consistent with 38 U.S.C. 2022A(b)(1)(A), VA may then request
additional information that may not be in the initial or renewal
application but will be necessary for VA to properly evaluate the
applicant or grantee for a legal services grant.
Section 79.30 Threshold Requirements Prior To Scoring Legal Services
Grant Applicants
Section 79.30 sets forth the threshold requirements for further
scoring applicants pursuant to Sec. 79.35. This section explains that
VA will only score applicants for the Grant Program if they meet
certain threshold requirements as set forth in paragraphs (a) through
(g).
These threshold requirements in paragraphs (a) through (g) include
that the application is filed within the time period established in the
NOFO, and any additional information or documentation requested by VA
under Sec. 79.25(c) is provided within the time frame established by
VA; the application is completed in all parts; the activities for which
the legal services grant is requested are eligible for funding under
part 79; the applicant's prospective participants are eligible to
receive legal services under that part; the applicant agrees to comply
with the requirements of that part; the applicant does not have an
outstanding obligation to the Federal Government that is in arrears and
does not have an overdue or unsatisfactory response to an audit; and
the applicant is not in default by failing to meet the requirements for
any previous Federal assistance.
These requirements are minimum requirements that must be met before
VA will score applications, and applicants will be able to understand
whether they meet these threshold requirements in advance of
application submission. The threshold requirements are intended to be
an administrative checklist with which applicants would confirm
compliance prior to submitting a legal services grant application. VA
anticipates this will reduce the amount of time and resources that VA
will dedicate to evaluating and scoring applicants. These threshold
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requirements are consistent with other VA grant programs, such as the
SSVF Program. See 38 CFR 62.21.
Section 79.35 Scoring Criteria for Legal Services Grant Applicants
Section 79.35 sets forth the criteria to be used to score
applicants who are applying for a legal services grant. Since VA has a
limited amount of funds available to distribute through the Grant
Program and the number of qualified applicants may exceed available
funds, VA is establishing scoring criteria for awarding legal services
grants. Utilization of these scoring criteria will allow VA to
distribute these grants consistent with section 4202 of the Act and
VA's goals and objectives for the Grant Program which will be detailed
in the NOFO. The categories are weighted differently according to their
likelihood of impacting a grantee's successful development and
operation of a grant program. These criteria are consistent with
feedback received from commenters during our consultation with legal
service providers. The criteria, which are discussed in depth below,
are enumerated in paragraphs (a) through (e).
While this section does not include specific point values for each
criterion, the regulation provides that such point values will be set
forth in the NOFO. This will allow VA to retain flexibility in
determining those point values each year of the Grant Program in the
event that such point values need to change.
Paragraph (a) explains that 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; and (2) organization and staff
qualifications. These scoring criteria are important to determine
whether applicants have the necessary and relevant background and
experience to provide legal services consistent with this part and
section 4202 of the Act.
In scoring an applicant's background and organizational history
under paragraph (a)(1), VA will consider the applicant's, and any
identified subcontractors', background and organizational history
relevant to providing legal services; whether the applicant, and any
identified subcontractors, maintain organizational structures with
clear lines of reporting and defined responsibilities; and whether the
applicant, and any identified subcontractors, have a history of
complying with agreements and not defaulting on financial obligations.
In scoring an applicant's staff qualifications under paragraph
(a)(2), VA will score applications based on the experience of the
applicant and any identified subcontractors working with veterans or
individuals who are homeless, at risk for homelessness, or who have
very low income, as defined under part 79. Having experience and
understanding of the veteran population would bring a military and
veteran cultural competency that is critical for ensuring that the
needs of eligible veterans are met through the Grant Program. This is
consistent with the feedback received through consultation. The mix of
general and specific criteria with respect to experience with veterans
allows VA flexibility to award points at various levels (local,
regional, State) since the types of experience entities at those levels
may have can vary. Thus, pursuant to paragraph (a), VA will score
applicants not only based on their experience administering programs
similar to a legal services grant program and providing services to
those who are homeless, at risk for homelessness, or very low-income,
but also based on the applicant's experience working with veterans.
VA notes that while not required by the statute, it believes
including an applicant's experience with very low-income populations as
an alternative criterion will be useful to determine organizations'
familiarity with populations similar to the target populations in the
Grant Program, homeless veterans and veterans who are at risk for
homelessness. By having low income as an option for applicants to
demonstrate past experience, qualified applicants may be able to
present experience administering a program similar in type and scale to
the legal services contemplated by the Grant Program, if not
specifically with individuals who are homeless, at risk for
homelessness, or veterans. Accordingly, VA will score applications
based on the experience of the applicant and identified subcontractors
providing legal services, including providing such services to
veterans, or individuals who are homeless, at risk for homelessness or
who have very low income.
Relatedly, VA will score applicants also based on the
qualifications of the applicant's staff and any identified
subcontractors' staff to administer legal services. This would include,
as applicable, confirmation that the applicant, and any identified
subcontractor, has barred attorneys on staff or a plan to hire such
attorneys who are in good standing as a member of the applicable State
bar. It would also consider the experience that applicants' staff
administering programs similar to this Grant Program.
Paragraph (b) explains that VA will award points based on the
applicant's program concept and legal services plan. The scoring
criteria under this paragraph are important for VA to use to determine
whether the applicant has a fully developed program concept and plan
that will meet the intent of this part and section 4202 of the Act.
Points awarded in accordance with this paragraph may be demonstrated by
the following: (1) Need for the program, (2) outreach and screening
plan, (3) program concept, (4) program implementation timeline, (5)
collaboration and communication with VA, (6) ability to meet VA's
requirements, goals, and objectives for the Grant Program, and (7)
capacity to undertake the program.
VA will score the need for the program under paragraph (b)(1) based
on whether the applicant has shown a need amongst eligible veterans in
the area or community where the program will be based and whether the
applicant understands the legal service needs unique to eligible
veterans in the area or community where the program will be based.
VA will score the outreach and screening plan under paragraph
(b)(2) based on whether the applicant has a feasible outreach and
referral plan to identify and assist eligible veterans in need of legal
services, has a plan to process and receive legal services referrals
for eligible veterans, and has a plan to assess and accommodate the
needs of referred eligible veterans.
VA will score the applicant's program concept under paragraph
(b)(3) based on whether the applicant's program concept, size, scope,
and staffing plan are feasible, and the applicant's program is designed
to meet the needs of eligible veterans in the area or community where
the program will be based.
VA will score the program implementation timeline under paragraph
(b)(4) based on whether the 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. VA
will also score this based on whether the applicant has a hiring plan
in place to meet the applicant's program timeline or has existing staff
to meet such timeline.
VA will score the ability of an applicant to collaborate and
communicate with VA under paragraph (b)(5) based on the strength of the
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applicant's plan to coordinate outreach and services with local VA
facilities.
VA will score the applicant's ability to meet VA's requirements,
goals and objectives for the Grant Program under paragraph (b)(6) based
on whether the applicant is committed to ensuring that its program
meets VA's requirements, goals, and objectives for the Grant Program as
identified in the NOFO.
Lastly, VA will score the applicant's capacity to undertake its
proposed legal services program under paragraph (b)(7) based on whether
the applicant has sufficient capacity, including staff resources, to
undertake the program.
Paragraph (c) explains that VA will award points based on the
applicant's quality assurance and evaluation plan, as demonstrated by
(1) program evaluation, (2) monitoring, (3) remediation, and (4)
management and reporting. This scoring criterion is important to ensure
that applicants can meet any requirements for evaluation, monitoring,
and reporting contained in this part and will help VA ensure that grant
funds are being used appropriately and will assist in the overall
assessment of the program.
Under paragraph (c)(1), VA will evaluate whether the applicant has
demonstrated an ability to evaluate its program through the presence of
clear, realistic, and measurable metrics that align with the Grant
Program's aim of addressing the legal needs of eligible veterans and
through which the applicant's program performance can be continually
evaluated.
Under paragraph (c)(2), VA will score the applicant's ability to
monitor its proposed legal services program based on whether the
applicant has adequate controls in place to regularly monitor the
program, including any subcontractors, for compliance with all
applicable laws, regulations, and guidelines; whether the applicant has
adequate financial and operational controls in place to ensure the
proper use of legal services grant funds; and the applicant has a plan
for ensuring that the applicant's staff and any identified
subcontractors are appropriately trained and comply with the
requirements of part 79.
VA will score applicants' ability to remediate program issues under
paragraph (c)(3) based on the applicant's plan or established system
for remediating non-compliant aspects of the program if and when they
are identified.
VA will score an applicant's ability to conduct management and
reporting functions in its proposed legal services program under
paragraph (c)(4) based on whether the 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.
Paragraph (d) explains that VA will award points based on the
applicant's financial capability and plan, as demonstrated by: (1)
Organizational finances (based on whether applicant, and any identified
subcontractors, are financially stable); and (2) financial feasibility
of program (based on whether the applicant has a realistic plan for
obtaining all funding required to operate the program for the period of
the legal services grant; and whether applicant's program is cost-
effective and can be effectively implemented on-budget). These are
important to ensure that funds are not provided to an applicant that
has not considered the costs and has not developed a plan to ensure
they have the necessary funding for administering a legal services
program.
Paragraph (e) explains that VA will award points based on the
applicant's area or community linkages and relations, as demonstrated
by the (1) area or community linkages, (2) past working relationships,
(3) local presence and knowledge, and (4) integration of linkages and
program concept. This is important for ensuring success of the
applicant's proposed legal services program. VA acknowledges that
applicants may not have these existing linkages and relationships but
may develop them over time. VA also acknowledges that certain
applicants without these existing linkages and relationships may obtain
them through community partners. Area or community linkages under
paragraph (e)(1) will include whether the 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.
Past working relationships under paragraph (e)(2) will include whether
the 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 legal and non-legal supportive services to veterans who are
also in need of legal services similar to those covered under the Grant
Program. Local presence and knowledge under paragraph (e)(3) will be
based on whether the applicant has a presence in the area or community
to be served by the applicant and understands the dynamics of the area
or community to be served by the applicant. Integration of linkages and
program concept under paragraph (e)(4) will be based on whether the
applicant's linkages to the area or community to be served by the
applicant enhance the effectiveness of the applicant's program.
Section 79.40 Selection of Grantees
In accordance with the Act, Sec. 79.40 sets forth the process for
selecting applicants for legal services grants, including distribution
requirements from section 4202 of the Act. The scoring criteria are
enumerated in paragraphs (a) through (f).
Paragraph (a) explains that VA will score all applicants that meet
the threshold requirements set forth in Sec. 79.30 using the scoring
criteria set forth in Sec. 79.35.
Paragraph (b) explains that VA will group applicants within the
applicable funding priorities if funding priorities are set forth in
the NOFO. As funding priorities can change annually, VA will set forth
any funding priorities in the NOFO, which will allow VA flexibility in
updating priorities in a quick and efficient manner every year that
funds are available under this Grant Program.
Paragraph (c) sets forth how applicants are ranked. VA will rank
those applicants that receive at least the minimum amount of total
points and points per category set forth in the NOFO, within their
respective funding priority group, if any. VA will set forth the
minimum amount of total points and points per category in the NOFO as
these can change annually. Setting forth these points in the NOFO will
provide VA flexibility in updating the minimum amount of points in an
efficient and quick manner. The applicants will be ranked in order from
highest to lowest scores, within their respective funding priority
group, if any.
Paragraph (d) explains that VA will use the applicant's ranking as
the primary basis for selection for funding. However, consistent with
section 4202 of the Act, paragraph (d) further explains VA preferences.
In paragraph (d)(1), VA will give preference to applicants that have
the demonstrated ability to provide legal services to eligible veterans
who are homeless, at risk for homelessness or have very low income, as
defined by this part.
In paragraph (d)(2), to the extent practicable, VA will ensure that
legal services grants are equitably distributed across geographic
regions, including rural communities, trust lands, Native Americans,
and tribal organizations, consistent with 38 U.S.C. 2022A(f).
Lastly, in paragraph (d)(3), VA will give preference to applicants
with a demonstrated focus on women veterans as set forth in the NOFO.
VA will set forth information in the NOFO that will
[[Page 33032]]
explain to applicants how this preference may be met with their
application.
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. VA will use this information
in determining the distribution of legal services grants consistent
with paragraph (d).
Paragraph (e) explains that subject to paragraph (d) of this
section which sets forth the preference and distribution requirements
and considerations, VA will fund the highest-ranked applicants for
which funding is available, within the highest funding priority group,
if any.
Similar to existing processes in other VA grant programs, such as
the SSVF Program (38 CFR 62.61), paragraph (f) authorizes VA to still
select an applicant for funding if that applicant is not initially
selected because of a procedural error by VA. An applicant would not be
required to submit a new application in this situation. This will ease
any administrative burden on applications and could be used in
situations where there is no material change in the information that
would have resulted in the applicant's selection for a grant under this
part.
Section 79.45 Scoring Criteria for Grantees Applying for Renewal of
Legal Services Grants
Section 79.45 describes the criteria that VA will use to score
grantees under part 79 that are applying for renewal of a grant. Such
criteria will assist with VA's review and evaluation of grantees to
ensure that those grantees have successful existing programs using the
previously awarded grant funds and that they have complied with the
requirements of part 79 and of section 4202 of the Act. Applicants
applying for renewal of a legal services grant will receive a score
based on the scoring criteria enumerated in paragraphs (a) through (c).
While this section does not include specific point values for the
criteria, such point values will be set forth in the NOFO. This will
allow VA to retain flexibility in determining those point values each
year of the Grant Program.
Under paragraph (a), VA will award points based on the success of
the grantee's program, as demonstrated by the following: (1)
Participants were satisfied with the legal services provided by the
grantee; (2) the grantee delivered legal services to participants in a
timely manner; (3) the grantee implemented the program by developing
and sustaining relationships with community partners to refer veterans
in need of legal services; and (4) the grantee was effective in
conducting outreach to eligible veterans, including to women veterans,
and increased engagement of eligible veterans seeking legal services
provided by the grantee.
Paragraph (b) explains that points will be awarded based on the
cost-effectiveness of the grantee's program, as demonstrated by the
following: (1) The cost per participant was reasonable, and (2) the
grantee's program was effectively implemented within budget.
Paragraph (c) explains that VA will award points based on the
extent to which the grantee complied with the Grant Program's goals and
requirements, as demonstrated by the following: (1) The grantee's
program was administered in accordance with VA's goals for the Grant
Program as described in the NOFO; (2) the grantee's program was
administered in accordance with all applicable laws, regulations, and
guidelines; and (3) the grantee's program was administered in
accordance with the grantee's legal services grant agreement.
These criteria in paragraphs (a) through (c) ensure that renewal of
grants is awarded based on the grantee's program's success, cost-
effectiveness, and compliance with VA goals and requirements for this
Grant Program. This is consistent with how VA awards renewals of grants
in other programs, such as the SSVF Program. See 38 CFR 62.24.
Section 79.50 Selecting Grantees for Renewal of Legal Services Grants
Section 79.50 describes the process for selecting grantees that are
applying for renewal of such grants. VA scores renewal applicants under
a simplified process based on the success and cost effectiveness of
their legal services program and their program's compliance with VA
requirements and programmatic goals. The scoring criteria is enumerated
in paragraphs (a) through (e).
Paragraph (a) explains that so long as grantees continue to meet
the threshold requirements in Sec. 79.30, VA will score the grantee
using the scoring criteria set forth in Sec. 79.45.
Under paragraph (b), VA will rank those grantees who receive at
least the minimum amount of total points and points per category set
forth in the NOFO, and such grantees will be ranked in order from
highest to lowest scores.
Paragraph (c) explains that VA will use the grantee's ranking as
the basis for selection for funding and that VA will fund the highest-
ranked grantees for which funding is available.
Paragraph (d) explains that, at its discretion, VA may award any
non-renewed funds to an applicant or existing grantee. If VA chooses to
award non-renewed funds to an applicant or existing grantee, VA will
first offer to award the non-renewed funds to the applicant or grantee
with the highest grant score under the relevant NOFO that applies for,
or is awarded a renewal grant in, the same community as, or a proximate
community to, the affected community. Such applicant or grantee will be
required to have the capacity and agree to provide prompt services to
the affected community. Under this section, the relevant NOFO means the
most recently published NOFO which will cover the geographic area that
includes the affected community, or for multi-year grant awards, the
NOFO for which the grantee, who is offered the additional funds,
received the multi-year award. If the first such applicant or grantee
offered the non-renewed funds refuses the funds, VA will then offer to
award the funds to the next highest-ranked such applicant or grantee,
per the criteria in paragraph (d)(1) of this section, and continue on
in rank order until the non-renewed funds are awarded.
Paragraph (e) authorizes VA to select an existing grantee for
available funding, based on the grantee's previously submitted renewal
application, if that grantee is not initially selected for renewal
because of a procedural error by VA. A grantee would not be required to
submit a new renewal application in this situation. This will ease any
administrative burden on grantees and could be used in situations where
there is no material change in the renewal application that would have
resulted in the grantee's selection for renewal of a grant under part
79.
Section 79.55 General Operation Requirements
Section 79.55 establishes requirements for the general operation of
legal services programs provided for under part 79. These requirements
are enumerated in paragraphs (a) through (f).
Paragraph (a) address eligibility documentation. Paragraph(a)(1)
explains that prior to providing legal services, grantees must verify,
document, and classify each participant's eligibility for legal
services. This ensures that grantees are providing services and using
grant funds for those who are eligible for such services under this
Grant Program and consistent with section 4202 of the Act.
[[Page 33033]]
In paragraph (a)(2), once the grantee initiates legal services, the
grantee will continue to provide legal services to the participant
through completion of the legal services so long as the participant
continues to meet the eligibility criteria set forth in Sec. 79.15. In
paragraph (a)(3), if a grantee finds at any point in the grant award
period that a participant is ineligible to receive legal services under
part 79, or that the provider is unable to meet the legal needs of that
participant, the grantee must document the reason for the participant's
ineligibility or the grantee's inability to provide legal services.
Then, the grantee must provide the veteran information on other
available programs or resources or provide a referral to another legal
services organization that is able to meet that veteran's needs.
Under paragraph (b), for each participant who receives services
from the grantee, the grantee must document the legal services
provided, how such services were provided, the duration of the services
provided, any goals for the provision of such services, and measurable
outcomes of the legal services provided as determined by the Secretary,
such as whether the participant's legal issue was resolved. This is
information that grantees typically maintain regarding the provision of
these or similar services. Additionally, this information may be
requested by VA for purposes of monitoring the grantee's operation and
compliance with part 79 and will be collected as part of the grantee's
reporting requirements in Sec. 79.95 and will be required to be
maintained for at least three years (consistent with the recordkeeping
requirements in Sec. 79.100), of which VA may request for auditing and
evaluation purposes.
Under paragraph (c), grantees would be required to maintain the
confidentiality of records kept in connection to legal services
provided to participants. Grantees that provide legal services would be
required to establish and implement procedures to ensure the
confidentiality of records pertaining to any participant and the
address or location where the legal services are provided. The
confidentiality maintained should be consistent with the grantee's
State bar rules of confidentiality in an attorney-client relationship.
Under paragraph (d), prior to initially providing legal services to
a participant, the grantee is required to notify each participant of
the following: (1) That the legal services are being paid for, in whole
or in part, by VA; (2) the legal services which are available to the
participant through the grantee's program; and, (3) any conditions or
restrictions on the receipt of legal services by the participant.
Under paragraph (e), VA requires that grantees regularly assess how
legal services grant funds can be used in conjunction with other
available funds and services to ensure continuity of program operations
and to assist participants. This encourages grantees to leverage other
financial resources to ensure continuity of program operations and
assistance to participants.
Lastly, under paragraph (f), VA requires that grantees ensure that
legal services grants are administered in accordance with the
requirements of part 79, the legal services grant agreement, and other
applicable laws and regulations. Grantees must ensure that any
subcontractors carry out activities in compliance with part 79.
Section 79.60 Fee Prohibition
Section 79.60 prohibits grantees from charging a fee to
participants for providing legal services that are funded with amounts
from a legal services grant under part 79. VA believes this prohibition
is appropriate, as similar prohibitions have been implemented for other
similar grant programs, such as the SSVF Program, and is consistent
with the intent of Section 4202 of the Act. See 38 CFR 62.37.
Section 79.65 Notice of Funding Opportunity
Section 79.65 discusses the contents of the Notice of Funding
Opportunity (NOFO). The NOFO is a notice published in the Federal
Register and on <a href="http://grants.gov">grants.gov</a> that communicates to the public when funds
are available for legal services grants. As enumerated in paragraphs
(a) through (j), the NOFO will identify items such as the location for
obtaining legal services grant applications; the date, time, and place
for submitting completed legal services grant applications; the
estimated amount and type of legal services grant funding available,
including the maximum grant funding available per award; any priorities
for or exclusions from funding to meet the statutory mandates of 38
U.S.C. 2022A and VA goals for the Grant Program; the length of term for
the legal services grant award; specific point values to be awarded for
each criterion listed in Sec. Sec. 79.35 and 79.45; the minimum number
of total points and points per category that an applicant or grantee,
as applicable, must receive in order for a legal services grant to be
funded; any maximum uses of legal services grant funds for specific
legal services; the timeframes and manner for payments under the legal
services grant; and other information necessary for the legal services
grant application process as determined by VA, including the
requirements, goals, and objectives of the Grant Program, and how the
preference under Sec. 79.40(d)(3) may be met. This is consistent with
how VA administers similar grant programs, such as the SSVF Program
(see 38 CFR 62.40).
Section 79.70 Legal Services Grant Agreements
Section 79.70 discusses legal services grant agreements and the
requirements that will be included in each agreement prior to VA
obligating funds, as enumerated in paragraphs (a) through (c). This
agreement will be enforceable against the grantee and provides VA
assurance that the grantee will use the legal services grant funds in
the manner described in the application and in accordance with the
requirements of part 79.
Under paragraph (a), after an applicant is selected for a legal
services grant in accordance with Sec. 79.40, VA will draft a legal
services grant agreement to be executed by VA and the grantee. Upon
execution of the legal services grant agreement, VA will obligate legal
services grant funds to cover the amount of the approved legal services
grant, subject to the availability of funding. Such agreement will
provide that the grantee agrees, and will ensure that each
subcontractor agrees, to operate the program in accordance with the
provisions of part 79 and the grantee's legal services grant
application; comply with such other terms and conditions, including
recordkeeping and reports for program monitoring and evaluation
purposes, as VA may establish for purposes of carrying out the Grant
Program, in an effective and efficient manner; and provide such
additional information as deemed appropriate by VA.
Paragraph (b) explains the requirements to execute a legal services
agreement for grant renewal grant in accordance with Sec. 79.50. The
requirements and grant agreement provisions are the same as for initial
grant awards as discussed in paragraph (a) of this section.
Paragraph (c) explains that no funds provided under part 79 may be
used to replace Federal, State, tribal, or local funds previously used,
or designated for use, to assist eligible veterans.
Section 79.75 Program or Budget Changes and Corrective Action Plans
Section 79.75 sets forth the required process grantees must use if
there are
[[Page 33034]]
changes to the program or budget that alter the grantee's legal
services grant program. These requirements allow VA to ensure that
grant funds are used appropriately and to maintain control over the
quality of legal services provided by the grantee under this part.
These requirements are enumerated in paragraphs (a) through (c).
Paragraph (a) states that a grantee must submit to VA a written
request to modify a legal services grant program for any proposed
significant change that will alter the grantee's legal services grant
program. It further explains that if VA approves such change, it will
issue a written amendment to the legal services grant agreement. A
grantee must receive VA's approval prior to implementing a significant
change. Significant changes include, but are not limited to, a change
in the grantee or any subcontractors identified in the grant agreement;
a change in the area or community served by the grantee; additions or
deletions of legal services provided by the grantee; a change in
category of participants to be served; and a change in budget line
items that are more than 10 percent of the total legal services grant
award.
VA's approval of changes will be contingent upon the grantee's
amended application retaining a sufficient rank to have been
competitively selected for funding in the year that the application was
granted; and each legal services grant modification request will be
required to contain a description of the revised proposed use of grant
funds.
Under paragraph (b), VA may require that the grantee initiate,
develop, and submit to VA for approval a Corrective Action Plan (CAP)
if, on a quarterly basis, actual legal services grant expenditures vary
from the amount disbursed to a grantee for that same quarter or actual
legal services grant activities vary from the grantee's program
description provided in the legal grant agreement. Paragraph (b) also
sets forth specific requirements related to the CAP. These include that
the CAP must identify the expenditure or activity source that has
caused the deviation, describe the reason(s) for the variance, provide
specific proposed corrective action(s), and provide a timetable for
accomplishment of the corrective action. After receipt of the CAP, VA
will send a letter to the grantee indicating that the CAP is approved
or disapproved. If disapproved, VA will make beneficial suggestions to
improve the proposed CAP and request resubmission or take other actions
in accordance with this part.
Paragraph (c) explains that grantees are required to inform VA in
writing of any key personnel changes (e.g., new executive director,
legal services grant program director, or chief financial officer) and
grantee address changes within 30 days of the change.
Section 79.80 Faith-Based Organizations
As VA anticipates that religious or faith-based organizations may
apply for grants under this part, Sec. 79.80 describes the conditions
for use of legal services grants provided under this part as they
relate to religious activities. The conditions are enumerated in
paragraphs (a) through (g). This is similar to the language used for
the Homeless Providers Grant and Per Diem Program (38 CFR 61.64) and
the SSVF Program (38 CFR 62.62).
Under paragraph (a), faith-based organizations are eligible, on the
same basis as any other organization, to participate in the Grant
Program under this part. Decisions about awards of Federal financial
assistance must be free from political interference or even the
appearance of such interference and must be made on the basis of merit,
not on the basis of religion or religious belief or lack thereof.
Under paragraph (b)(1), no organization may use direct financial
assistance from VA under this part to pay for explicitly religious
activities such as religious worship, instruction, or proselytization;
or equipment or supplies to be used for any of those activities.
Paragraph (b)(2) states that references to financial assistance are
deemed to be references to direct Federal financial assistance, unless
the referenced assistance meets the definition of indirect Federal
financial assistance in part 79.
Under paragraph (c), organizations that engage in explicitly
religious activities, such as worship, religious instruction, or
proselytization, must offer those services separately, in time or
location, from any programs or services funded with direct financial
assistance from VA under part 79. Furthermore, participation in any of
the organization's explicitly religious activities must be voluntary
for the participants of a program or service funded by direct financial
assistance from VA under that part.
Under paragraph (d), a faith-based organization that participates
in the Grant Program will retain its independence from Federal, State,
or local governments, including the definition, practice and expression
of its religious beliefs. However, organizations may not use direct
financial assistance from VA under this part to support any explicitly
religious activities, such as worship, religious instruction, or
proselytization. Faith-based organizations may use space in their
facilities to provide VA-funded services under this part, without
concealing, removing, or altering religious art, icons, scripture, or
other religious symbols. Additionally, a VA-funded faith-based
organization retains its authority over its internal governance, and it
may retain religious terms in its organization's name, select its board
members and otherwise govern itself on a religious basis, and include
religious reference in its organization's mission statements and other
governing documents.
Under paragraph (e), an organization that participates in the Grant
Program shall not, in providing legal services, discriminate against a
participant or prospective participant regarding legal services on the
basis of religion or religious belief.
Under paragraph (f), if a State or local government voluntarily
contributes its own funds to supplement federally funded activities,
the State or local government has the option to segregate the Federal
funds or commingle them. However, if the funds are commingled, this
provision applies to all of the commingled funds.
Paragraph (g) states that to the extent otherwise permitted by
Federal law, the restrictions on explicitly religious activities set
forth in this section do not apply where VA funds are provided to
faith-based organizations through indirect assistance as a result of a
genuine and independent private choice of a participant, provided the
faith-based organizations otherwise satisfy the requirements of this
part. A faith-based organization may receive such funds as the result
of a participant's genuine and independent choice if, for example, a
participant redeems a voucher, coupon, or certificate, allowing the
participant to direct where funds are to be paid, or a similar funding
mechanism provided to that participant and designed to give that
participant a choice among providers.
Section 79.85 Visits to Monitor Operations and Compliance
Section 79.85 governs VA's authority to conduct onsite inspections
to monitor grantee operations and compliance with the Grant Program.
The ability for VA to conduct inspections and monitor operations is
critical for VA oversight over the grants and is set forth in
paragraphs (a) and (b).
Paragraph (a) authorizes VA to make visits to all grantee
locations, at all reasonable times, where a grantee is using legal
services grant funds to review grantee accomplishments and
[[Page 33035]]
management control systems and to provide such technical assistance, as
required. VA may also conduct inspections of all program locations and
records of a grantee at such times as are deemed necessary to determine
compliance with the provisions of this part. If a grantee delivers
services in a participant's home, or at a location away from the
grantee's place of business, VA may accompany the grantee. If the
grantee's visit is to the participant's home, VA will only accompany
the grantee with the consent of the participant. If any visit is made
by VA on the premises of the grantee or a subcontractor under the legal
services grant, the grantee must provide, and must require its
subcontractors provide VA access to all reasonable facilities and
assistance for the safety and convenience of the VA representatives in
the performance of their duties. All visits and evaluations will be
performed in such a manner as will not unduly delay services.
These provisions are critical for VA oversight over legal services
grants and are consistent with how VA administers other grant programs.
See 38 CFR 61.65 and 62.63.
Paragraph (b) clarifies that VA's authority to inspect does not
provide VA with authority over the management or control of any
applicant or grantee under part 79.
Section 79.90 Financial Management and Administrative Costs
Section 79.90 sets forth requirements with which grantees must
comply regarding the financial management of approved grant funds. This
provision is included in this interim final rule to ensure grantees are
aware of additional requirements with which they must comply. These
requirements are outlined in paragraphs (a) through (d).
Paragraph (a) requires grantees comply with applicable requirements
of the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR part 200. Part 200 of 2 CFR
establishes the uniform administrative requirements, cost principles,
and audit requirements for Federal awards to non-Federal entities.
Paragraph (b) requires grantees use a financial management system
that provides adequate fiscal control and accounting records and meets
the requirements in 2 CFR part 200.
Paragraph (c) requires payment up to the amount specified in the
legal services grant must be made only for allowable, allocable, and
reasonable costs in conducting the work under the grant, and the
determination of allowable costs must be made in accordance with the
applicable Federal Cost Principles in 2 CFR part 200. Paragraph (d)
prohibits costs for administration by a grantee from exceeding 10
percent of the total amount of the legal services grant. Administrative
costs include all costs associated with the management of the program
and include the administrative costs of subcontractors.
VA has determined this limitation on administrative costs to be
reasonable and consistent with the purpose of the Grant Program to
provide legal services to eligible veterans. This requirement ensures
most of the grant funds (at least 90 percent) are used to provide legal
services to participants, consistent with the purpose of the Grant
Program. These requirements are also consistent with the SSVF Program,
which allows only 10 percent of the grant funds to be used for
specified administrative costs. See 38 CFR 62.10. VA has not identified
any issues with this limitation in the context of the SSVF Program. VA
believes that 10 percent is a reasonable maximum for administrative
costs, and any additional funds needed by grantees to administer this
Grant Program should be provided by non-VA funds.
Section 79.95 Grantee Reporting Requirements
Section 79.95 sets forth reporting requirements regarding the legal
services carried out using grant funds provided under this part in
paragraphs (a) through (f). Under section 4202 of the Act, VA is
required to submit biennial reports to Congress about (1) the number of
homeless veterans and veterans at risk for homelessness assisted; (2) a
description of the legal services provided; (3) a description of the
legal matters addressed; and (4) an analysis of the operational
effectiveness and cost-effectiveness of the services provided. See 38
U.S.C. 2022A(g). In furtherance of VA's congressionally mandated
reporting requirements, we require all grantees to submit reports to VA
describing the legal services provided with the approved grant funds.
Such reporting requirements ensure that grants funds are being properly
used consistent with section 4202 of the Act and this part. These
reporting requirements also ensure that VA is being a good fiscal
steward of the taxpayer dollar.
In paragraph (a), VA reserves the right to require grantees to
provide, in any form as may be prescribed, such reports or answers in
writing to specific questions, surveys, or questionnaires as VA
determines necessary to carry out the Grant Program.
In paragraph (b), at least once a year or at another frequency set
by VA, each grantee must submit to VA a report containing information
relating to operational effectiveness; fiscal responsibility; legal
services grant agreement compliance; and legal and regulatory
compliance, including a description of how the grantee used the grant
funds, the number of participants assisted; information on each
participant's gender, age, race, and service era; a description of the
legal services provided to each participant; and any other information
that VA requests. VA deems this information necessary to analyze and
monitor the grantee's performance.
In paragraph (c), VA retains the discretion to request additional
reports to be able to fully assess the provision of legal services
under part 79. This catch-all provision allows VA to request additional
reports that it may need to further assess the project and the program.
These will vary on a case-by-case basis dependent on the legal services
project and its progression. Additionally, if VA is required to submit
additional reports to Congress on this program, VA reserves the right
to obtain necessary information under this paragraph. This also
provides a safeguard in instances where there may be confusing,
misleading, inconsistent, or unclear statements in submitted reports.
VA reserves the right to request additional reports to clarify
information VA receives in other reports submitted by a grantee.
In paragraph (d), VA requires that grantees relate financial data
to performance data and develop unit cost information whenever
practical. This is another metric to help VA assess the strength of the
grantee's legal services program.
In paragraph (e), VA requires that all pages of the reports must
cite the assigned legal services grant number and be submitted in a
timely manner as set forth in the grant agreement.
In paragraph (f), VA further requires that grantees provide VA with
consent to post information from reports on the internet and use such
information in other ways deemed appropriate by VA. Grantees must
clearly redact information that is confidential based on attorney-
client privilege, unless that privilege has been waived by the client.
VA may post portions of the reports on the internet so that the public
has a greater understanding of the Grant Program. Additionally, VA may
use the information for promotional or evaluation purposes.
[[Page 33036]]
Section 79.100 Recordkeeping
Section 79.100 establishes a recordkeeping requirement on all
grantees. Grantees are required to keep and maintain records for at
least a 3-year period that document compliance with the Grant Program
requirements in part 79. Grantees will need to produce these records at
VA's request. This will assist VA in providing oversight over grantees.
This provision is consistent with section 4202(a) of the Act requiring
VA to analyze the operational effectiveness and cost effectiveness of
the legal services provided by the grantees. This provision is also
consistent with 2 CFR 200.334 requiring Federal award recipients to
keep financial records, supporting documents, statistical records, and
all other non-Federal entity records pertinent to a Federal award for a
3-year period.
Section 79.105 Technical Assistance
Under Sec. 79.105, VA will provide technical assistance to
applicants and grantees, as necessary, to meet the requirements of part
79. Such technical assistance will be provided either directly by VA or
through contracts with appropriate public or non-profit private
entities. The technical assistance may provide applicants and grantees
with resources for planning, development, and provision of legal
services to homeless veterans or veterans at risk for homelessness. As
part of this technical assistance, VA may offer training sessions for
applicants and grantees to assist with understanding and implementing
the Grant Program.
Section 79.110 Withholding, Suspension, Deobligation, Termination, and
Recovery of Funds by VA
Section 79.110 explains that VA will enforce this part through such
actions as may be appropriate. Appropriate actions include withholding,
suspension, deobligation, termination, recovery of funds by VA, and
actions in accordance with 2 CFR part 200.
Part 200 describes such actions as withholding, suspension,
deobligation, termination, and recovery of funds. See 2 CFR 200.208,
200.305, and 200.339 through 200.343, and 200.346. As legal services
grants are subject to the requirements of 2 CFR part 200, VA explicitly
references 2 CFR part 200 in Sec. 79.110 to ensure that grantees
understand and know where to locate these requirements related to
withholding, suspension, deobligation, termination, and recovery of
funds. VA refers to 2 CFR part 200 rather than include those
requirements in this section as those requirements in 2 CFR part 200
may change. Referencing 2 CFR part 200 provides VA the ability to
implement those changes without having to conduct further rulemaking.
VA acknowledges that when certain actions (such as suspension and
termination) are taken against grantees pursuant to this section and 2
CFR part 200, a disruption in services to participants may occur. While
VA is not regulating responsibilities for grantees to continue to
provide services or to coordinate the transfer of participants to other
sources of legal support, VA will include such requirements and
responsibilities in the grant agreement that VA and the grantee enter
into pursuant to part 79. This will ensure that the disruption and
impact upon participants is minimized as much as possible.
Section 79.115 Legal Services Grant Closeout Procedures
Section 79.115 explains that legal services grants will be closed
out in accordance with 2 CFR part 200. Procedures for closing out
Federal awards are currently located at 2 CFR 200.344 and 200.345. As
legal services grants are subject to the requirements of 2 CFR part
200, VA explicitly references 2 CFR part 200 in Sec. 79.115 to ensure
that grantees understand and know where to locate these requirements.
VA refers to 2 CFR part 200 rather than include those requirements in
this section as those requirements in 2 CFR part 200 may change, and
referencing 2 CFR part 200 provides VA the ability to implement those
changes without having to conduct further rulemaking.
Administrative Procedure Act
The Administrative Procedure Act (APA), codified in part at 5
U.S.C. 553, generally requires agencies to publish substantive rules in
the Federal Register for notice and comment. These notice and comment
requirements generally do not apply to ``a matter relating to agency
management or personnel or to public property, loans, grants, benefits
or contracts.'' 5 U.S.C. 553(a)(2). However, 38 U.S.C. 501(d) requires
VA to comply with the notice and comment requirements in 5 U.S.C. 553
for matters relating to grants, notwithstanding section 553(a)(2).
Thus, as this rulemaking relates to the Grant Program required by
section 4202 of the Act, VA is required to comply with the notice and
comment requirements of 5 U.S.C. 553.
However, pursuant to 5 U.S.C. 553(b)(B) general notice and the
opportunity for public comment are not required with respect to a
rulemaking when an ``agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.''
In accordance with 5 U.S.C. 553(b)(B), the Secretary has concluded
that there is good cause to publish this rule without prior opportunity
for public comment. This rule implements the Act's mandate to establish
a new grant program that will allow VA to make grants to eligible
entities that provide certain legal services to homeless veterans and
veterans at risk for homelessness, with at least 10 percent of funding
being utilized to provide legal services to women veterans. This is the
first Grant Program of this kind, as there is currently no other active
Federal source of funding focused on providing legal services to
veterans.
Homelessness is a national crisis, especially among the veteran
population. On a single night in January 2021, there were 19,750
veterans experiencing sheltered homelessness in the United States. See,
HUD, The 2021 Annual Homeless Assessment Report (AHAR) to Congress:
Part 1: Point-in-Time Estimates of Homelessness (2022), <a href="https://www.huduser.gov/portal/sites/default/files/pdf/2021-AHAR-Part-1.pdf">https://www.huduser.gov/portal/sites/default/files/pdf/2021-AHAR-Part-1.pdf</a>.
Many of these veterans have unmet legal needs that impact their ability
to maintain housing. These unmet legal needs are in the areas of family
law, court fees/court fines, credit issues/debt collection, expungement
of a criminal record, child support issues, and tax issues. See VA Fact
Sheet: Community Homelessness Assessment, Local Education and
Networking Groups (CHALENG), April 2021, <a href="https://www.va.gov/HOMELESS/docs/CHALENG-2020-508.pdf">https://www.va.gov/HOMELESS/docs/CHALENG-2020-508.pdf</a>. Without the support provided by consistent
legal services, individuals may not be able to find or maintain
housing. It is critical that this rulemaking publish without delay, as
the Grant Program will seek to help prevent and eliminate homelessness
among the veteran population by distributing grants for the provision
of legal services that will address barriers to housing stability,
especially during the Coronavirus Disease-2019 (COVID-19) pandemic.
VA believes that the number of veterans who are homeless is likely
significantly higher than HUD's recent estimates, and that more
veterans are and will be at risk for homelessness due to the sustained
adverse economic consequences of the COVID-19 pandemic on veterans in
particular.
[[Page 33037]]
Recent available data focused on veteran homelessness is difficult
to interpret, with varied information over the last two years of the
COVID-19 pandemic that does not accurately reflect the current picture
of veterans who are homeless and at risk for homelessness. After nearly
a decade of steady decline, HUD's 2020 point-in-time estimate indicated
an increase in veteran homelessness by 0.5 percent from 2019. See, HUD,
The 2020 AHAR to Congress: Part 1: Point-in-Time Estimates of
Homelessness (2021), <a href="https://www.huduser.gov/portal/sites/default/files/pdf/2020-AHAR-Part-1.pdf">https://www.huduser.gov/portal/sites/default/files/pdf/2020-AHAR-Part-1.pdf</a>. However, in HUD's most recent AHAR, the
number of veterans experiencing sheltered homelessness in 2021
decreased by ten percent from 2020. See, HUD, The 2021 AHAR to
Congress: Part 1: Point-in-Time Estimates of Homelessness (2022),
<a href="https://www.huduser.gov/portal/sites/default/files/pdf/2021-AHAR-Part-1.pdf">https://www.huduser.gov/portal/sites/default/files/pdf/2021-AHAR-Part-1.pdf</a>. A comparison of the most recent AHAR to previous AHARs must take
into account a complete picture of homelessness in the United States,
including protective measures put in place during the COVID-19
pandemic, such as eviction moratoriums, social distancing, and space
limits in homeless shelters, which have recently evaporated. This is
why the 2021 AHAR is uniquely limited in scope, particularly as it
lacks a full unsheltered count of people living in tents, cars, or
streets throughout the country. See ``Findings--and Limitations--of the
2021 Point-in-Time Count [verbar] United States Interagency Council on
Homelessness (USICH), <a href="https://www.usich.gov/news/findingsand-limitationsof-the-2021-point-in-time-count/">https://www.usich.gov/news/findingsand-limitationsof-the-2021-point-in-time-count/</a> (Citing COVID-19 concerns,
40 percent of communities--including the places with the highest levels
of homelessness and almost the entire state of California--did not
conduct a full unsheltered count of people living in tents, cars, or
streets. Of the 20 communities with the highest unsheltered numbers in
2020, only one completed a full unsheltered count in 2021). It is worth
noting that the 2021 AHAR report also found that sheltered chronic
homelessness appears to have increased by 20 percent. This is why the
actual number of homeless veterans is likely significantly higher than
estimated by HUD, since the HUD point-in-time (PIT) estimate also
excludes individuals staying in supportive housing paid for by Federal
funds, and those moving from place-to-place among friends or family.
Id. As stated by the United States Interagency Council on Homelessness,
``[a]ny comparison between this year's PIT findings and previous
findings are complicated by the incompleteness of data for the 2021
count.'' Id.
Incomplete data is one of several potential reasons for HUD's 2021
finding of a ten percent decline in overall sheltered homelessness. In
addition, congregate shelters limited their occupancy to comply with
Centers for Disease Control and Prevention (CDC) COVID-19
recommendations and pandemic policies. This necessarily resulted in
fewer veterans being counted as homeless and the exclusion of veterans
who needed such sheltering but could not obtain a space. Moreover,
eviction moratoriums, stimulus payments, and expanded unemployment
benefits, likely also reduced the number of people counted among the
sheltered homeless. Id. Given such limitations on the available data,
the true number of veterans who are homeless or at risk for
homelessness remains quite unclear.
Notwithstanding things like stimulus payments and expanded
unemployment benefits, stay-at-home orders and reduced working hours
during the COVID-19 pandemic had a profound economic effect on
individuals, including members of the veteran population. U.S. Bureau
of Labor Statistics, Employment Situation of Veterans Summary (March
18, 2021), <a href="https://www.bls.gov/news.release/archives/vet_03182021.htm">https://www.bls.gov/news.release/archives/vet_03182021.htm</a>;
see also, Legal Services Corporation, Appropriations Supplemental
Request for Legal Services Corporation Nationwide Grantee Assistance
for Coronavirus Emergency Response (2021), <a href="https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/lsc-covid-supp-request.pdf">https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/lsc-covid-supp-request.pdf</a>. The veteran population experienced increased
unemployment rates during the COVID-19 pandemic. See, Armstrong, N.
(October 25, 2020), Understanding the economic impacts of COVID-19 on
veterans and military families, Military Times, <a href="https://www.militarytimes.com/opinion/commentary/2020/10/25/understanding-the-economic-impacts-of-covid-19-on-veterans-and-military-families/">https://www.militarytimes.com/opinion/commentary/2020/10/25/understanding-the-economic-impacts-of-covid-19-on-veterans-and-military-families/</a>. In
fact, in 2020, veteran unemployment rates increased by more than twice
the rates in 2019. U.S. Bureau of Labor Statistics, Employment
Situation of Veterans Summary (March 18, 2021), <a href="http://www.bls.gov/news.release/archives/vet_03182021.htm">www.bls.gov/news.release/archives/vet_03182021.htm</a>.
Job loss and economic hardship due to the COVID-19 pandemic has led
to increased housing precarity and risk of eviction. Eviction can have
long-term, negative effects as it creates a permanent legal record that
can allow landlords to screen tenants with a history of eviction and
ultimately preclude them from future rental opportunities. See Benfer,
A. et al (2021), Eviction, Health Inequity, and the Spread of COVID-19:
Housing Policy as a Primary Pandemic Mitigation Strategy, Journal of
Urban Health, 98, 1-12. Evictions can therefore lead to homelessness,
which is connected to poverty and higher rates of arrest. Access to
Justice in the Age of COVID-19: A Roundtable Report (2021), <a href="https://www.justice.gov/ag/page/file/1445356/download">https://www.justice.gov/ag/page/file/1445356/download</a>. Legal assistance to
prevent eviction can eliminate potential barriers that preclude
veterans at risk for homelessness from maintaining housing. See, Access
to Justice in the Age of COVID-19: A Roundtable Report (2021), <a href="https://www.justice.gov/ag/page/file/1445356/download">https://www.justice.gov/ag/page/file/1445356/download</a>, (``As the pandemic
continues, the need for legal services to combat evictions is
ongoing.'')
To the extent that actions such as increased unemployment benefits
and moratoriums against eviction, foreclosure, and utility shut-offs,
helped mitigate the effects of the COVID-19 pandemic, many of these
mitigation actions have recently ceased. VA is concerned that the
disappearance of such protections will seriously impact the ability of
some veterans to maintain stable housing or recover economically.
Unemployment and loss of income are major predictors of homelessness.
Trott, J., Lattimore, K., Teitelbaum, J., (2020), Veterans Face
Mounting Legal Needs Amidst the COVID-19 Pandemic, National Center for
Medical Legal Partnership. For this reason, maintaining stable housing
is expected to be increasingly difficult and challenging for veterans
during and in the aftermath of the COVID-19 pandemic. Id. Additionally,
widespread reports of soaring rental prices (see Arnold, C. (February
14, 2022), It's not just home prices. Rents rise sharply across the
U.S. NPR. <a href="https://www.npr.org/2022/02/14/1080145270/its-not-just-home-prices-rents-rise-sharply-across-the-u-s">https://www.npr.org/2022/02/14/1080145270/its-not-just-home-prices-rents-rise-sharply-across-the-u-s</a>) may leave many veterans at
risk for homelessness, especially in light of the economic impact of
the COVID-19 pandemic on veterans.
The legal services to be provided under this Grant Program will
provide direct economic support for veterans who are homeless or at-
risk of becoming so as COVID-19 pandemic mitigation policies evaporate.
Historically, half of homeless veterans' unmet needs consist of legal
needs, specifically in the areas of family law, court fees/court fines,
credit issues/debt collection,
[[Page 33038]]
expungement of a criminal record, child support issues, and tax issues.
See, Fact Sheet, U.S. Dep't of Veterans Aff., CHALENG (April 2021),
<a href="https://www.va.gov/HOMELESS/docs/CHALENG-2020-508.pdf">https://www.va.gov/HOMELESS/docs/CHALENG-2020-508.pdf</a>. In both the 2017
and 2018 CHALENG survey responses, legal assistance with evictions/
foreclosures were specifically among the top ten unmet needs of
homeless veterans.
Time and time again, legal services organizations provide VA with
examples of veterans they have assisted with a uniquely legal issue--
such as expunging a prior conviction on one's criminal record,
achieving a successful complex application for public benefits or
modifying a child support order--which changed the course of the
veteran's life by providing desperately needed income and stability.
For many veterans, legal assistance to obtain reliable income support
or to remove obstacles to income results in a critical source of income
for rent for stable housing or an anchor from which the veteran can
then pursue employment or VA treatment services. Without the legal
assistance provided by this Grant Program, veterans who are homeless or
at risk of homelessness may be unable to access compensation benefits
from Veterans Benefits Administration or health care benefits from
Veterans Health Administration. During the consultation in March 2021,
Equal Justice Works reported that between 2018 and 2019, its Veterans
Legal Corps attorneys helped obtain economic benefits of over $11.6
million for veterans by securing public benefits through the provision
of legal services. The legal services covered under this Grant Program
will result in veterans' ability to sustain housing and avoid
homelessness, and therefore must be effective as soon as possible.
As mentioned above, we are approaching a critical point when
pandemic protections are disappearing, which presents a larger risk of
homelessness and legal issues for which this Grant Program will
immediately be needed. There is no other current Federal source of
funding that is focused on providing such legal services to veterans.
It is therefore of utmost importance to have this regulation effective
prior to notice and comment so that legal services can be provided to
veterans who are homeless and at risk for homelessness immediately to
support housing stability among this population. During the COVID-19
pandemic, legal aid funding has been limited. See, Kaplan, A. (2021),
More people than ever need legal aid services. But the pandemic has hit
legal aid funding hard, NBC News, <a href="https://www.nbcnews.com/business/personal-finance/more-people-ever-need-legal-aid-services-pandemic-has-hit-n1264989">https://www.nbcnews.com/business/personal-finance/more-people-ever-need-legal-aid-services-pandemic-has-hit-n1264989</a>. Thus, there are limited legal resources available to
address the needs of individuals, including veterans, that may be
facing negative economic consequences from the COVID-19 pandemic.
According to the Access to Justice in the Age of COVID-19: A Roundtable
Report, the COVID-19 pandemic also drastically exacerbated the need for
legal help and strained the resources that did exist. See, <a href="https://www.justice.gov/ag/page/file/1445356/download">https://www.justice.gov/ag/page/file/1445356/download</a>. The pandemic generated
an unprecedented need for government assistance, including rental and
mortgage assistance, child tax credits, unemployment benefits, and
utilities payments. At the same time, applying for benefits became even
more challenging in the expanded virtual environment. Id.
Through this Grant Program, those veterans who may be hit hardest
by the pandemic (that is, homeless veterans and veterans at risk for
homelessness) may receive critical legal services related to
unemployment benefits, eviction, and those unmet legal needs as
discussed earlier. During the COVID-19 pandemic, legal needs in such
areas as evictions, unemployment assistance, and income maintenance
have increased throughout the country. See, Legal Services Corporation
(July 24, 2020), Legal Services Corporation Survey Finds Major Impact
of COVID-19 Pandemic on Legal Aid, <a href="https://www.lsc.gov/press-release/lsc-survey-finds-major-impact-covid-19-pandemic-legal-aid">https://www.lsc.gov/press-release/lsc-survey-finds-major-impact-covid-19-pandemic-legal-aid</a>; See also,
Legal Services Corporation (February 9, 2021), LSC Requests Funding to
Address Surge in Demand for Legal Aid Amid COVID-19, <a href="https://www.lsc.gov/press-release/lsc-requests-funding-address-surge-demand-legal-aid-amid-covid-19">https://www.lsc.gov/press-release/lsc-requests-funding-address-surge-demand-legal-aid-amid-covid-19</a>; See also, Access to Justice in the Age of
COVID-19: A Roundtable Report (2021), <a href="https://www.justice.gov/ag/page/file/1445356/download">https://www.justice.gov/ag/page/file/1445356/download</a>.
Additionally, the legal services that may be provided pursuant to
this Grant Program are critical to this population's health and well-
being. Those who have legal problems are more likely to experience
suicidal ideation and attempt suicide than those without legal
problems. Pre-pandemic, veterans facing legal challenges were 86
percent more likely to have suicidal ideation, and 57 percent more
likely to attempt suicide, even after adjusting for mental health
conditions that are as relevant as other medical factors like
depression for suicide prevention and treatment. Blosnich, J., et al.
(2019), Social Determinants and Military Veterans' Suicide Ideation and
Attempt: A Cross-sectional Analysis of Electronic Health Record Data,
35 J. General Internal Med. 1759-1767. Veterans with housing
instability--whom this Grant Program would directly focus on--were 200
percent more likely to have suicidal ideation, and 118 percent more
likely to attempt suicide, also after adjusting for mental health
diagnoses. Id. It is therefore critical that the legal services
provided by this Grant Program to assist this population are made
available as soon as possible. Veterans with legal problems and housing
issues alike also experience other co-occurring adverse social
determinants of health including financial/employment problems, and
nonspecific psychosocial needs, among others, that may contribute to
suicidality. Id.
Additionally, many veterans are diagnosed with mental illnesses
associated with active-duty service. In 2017, GAO reported that 62
percent of servicemembers separated for misconduct during fiscal years
2011-2015 had been diagnosed with post-traumatic stress disorder
(PTSD), traumatic brain injury, or certain other conditions that could
be associated with misconduct within the two years before their date of
separation. U.S. Government Accountability Office (2017), GAO-17-260,
DOD Health: Actions Needed to Ensure Post-Traumatic Stress Disorder and
Traumatic Brain Injury Are Considered in Misconduct Separations,
<a href="https://www.gao.gov/assets/690/685052.pdf">https://www.gao.gov/assets/690/685052.pdf</a>. Without the legal assistance
to be provided through this Grant Program, these veterans may be unable
to properly file the complete paperwork to have their discharge
upgraded. Moreover, when provided in conjunction with VA healthcare,
legal services for veterans have been found to decrease veterans' PTSD
symptoms, reduce veteran spending on substance abuse, and improve
mental health and housing stability. Tsai, J. et al. (2017), Medical-
Legal Partnerships At Veterans Affairs Medical Centers Improved Housing
and Psychosocial Outcomes For Vets, 36 Health Aff. no.12, 2195-2203.
As the White House-Department of Justice Legal Aid Interagency
Roundtable found, when someone faces a civil legal problem, such as
eviction, the denial of healthcare benefits, or unemployment, it can
interact with other factors and affect an individual's long-term
health. Access to Justice in the Age of COVID-19: A Roundtable Report
(2021), <a href="https://www.justice.gov/ag/page/file/1445356/download">https://www.justice.gov/ag/page/file/1445356/download</a>. The
[[Page 33039]]
Attorney General's memorandum issued on Veterans Day 2021 also noted
that ``leaving [Veterans'] legal needs unaddressed exacerbates the
risks [they] already face--from housing instability to homelessness and
from joblessness to suicide,'' and called for ways to better meet
veterans' legal needs which ``may [ ] utilize new grant authorities
that provide legal services for veterans''. Attorney General
Memorandum--Guarding the Rights of and Improving Access to Justice for
Veterans Servicemembers and Military Families (November 10, 2021),
<a href="https://justice.gov/opa/page/file/1447636/download">https://justice.gov/opa/page/file/1447636/download</a>.
Through programs that expand and fund veterans' legal services,
such as this Grant Program, VA and other organizations may be able to
address destabilizing economic, social, and health inequities among
this vulnerable population. See, Key Studies and Data about How Legal
Aid Helps Veterans (March 23, 2021), The Justice in Government Project,
<a href="https://legalaidresourcesdotorg.files.wordpress.com/2021/04/veterans.pdf">https://legalaidresourcesdotorg.files.wordpress.com/2021/04/veterans.pdf</a>. Legal services provided under this Grant Program will
assist a veteran in obtaining and maintaining housing, obtaining and
sustaining gainful and satisfying employment, and obtaining crucial
medical care and compensation benefits, which have both indirect and
direct impacts on housing stability, and overall health and well-being.
Thus, it is critical that this Grant Program be implemented prior to
notice and comment so that VA can provide funding to those entities
that can assist homeless veterans and those veterans at risk for
homelessness who have unaddressed needs for legal services, which may
create barriers to housing stability, especially during the COVID-19
pandemic. Any additional delay in implementation caused by seeking and
responding to public comments prior to implementation delays VA's
ability to provide direct grant funding for critical legal services
specifically for homeless veterans and veterans at risk for
homelessness who may be especially vulnerable and in need of these
legal services during, and as a result of, the COVID-19 pandemic.
Providing notice and obtaining comment in advance of implementation
would add a significant delay to an already lengthy implementation
process and would exacerbate a growing and increasingly urgent problem.
Additionally, this rulemaking has not been without public input. VA
reiterates that as described earlier in this document, VA sought and
obtained such input through a consultation with several legal services
organizations experienced in aiding homeless veterans and those at risk
for homelessness, as required by the Act. These organizations provided
information on the types of legal services to be covered, additional
considerations in dealing with rural and tribal communities, and how to
determine the effectiveness of the organizations once competitively
selected, among other information. This input has been reviewed and
incorporated, as appropriate, in this rulemaking.
For these reasons, the Secretary has concluded that ordinary notice
and comment procedures would be contrary to the public interest and is
accordingly issuing this rule as an interim final rule effective. The
Secretary will consider and address comments that are received within
60 days after the date that this interim final rule is published in the
Federal Register and address them in a subsequent Federal Register
document announcing a final rule incorporating any changes made in
response to the public comments.
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.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.<a href="http://regulations.gov">regulations.gov</a>.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, is not applicable
to this rulemaking because notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), 604(a).
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 interim final rule will have no such
effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act
This interim final rule includes provisions constituting
collections of information under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3521) that require approval by the Office of Management
and Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), VA has
submitted a copy of this rulemaking action to OMB for review.
OMB assigns control numbers to collections of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. Section 79.25 contains application
provisions for legal services grants, including renewals. Section 79.75
contains provisions for program or budget changes and submission of
corrective action plans. Section 79.95 contains grantee reporting
requirements. These sections are collections of information under the
Paperwork Reduction Act of 1995. If OMB does not approve the
collections of information as requested, VA will immediately remove the
provisions containing a collection of information or take such other
action as is directed by OMB.
Comments on the new collection of information contained in this
rulemaking should be submitted through www.<a href="http://regulations.gov">regulations.gov</a>. Comments
should indicate that they are submitted in response to ``RIN 2900-
AR33--Legal Services for Homeless Veterans and Veterans At-Risk for
Homelessness Grant Program'' and should be sent within 30 days of
publication of this rulemaking. The collection of information
associated with this rulemaking can be viewed at: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the interim final rule.
The Department considers comments by the public on collections of
information in--
<bullet> Evaluating whether the collections of information are
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
<bullet> Evaluating the accuracy of the Department's estimate of
the burden of the collections of information, including
[[Page 33040]]
the validity of the methodology and assumptions used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of the collections of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The collections of information contained in 38 CFR 79.25, 79.75,
and 79.95 are described immediately following this paragraph, under
their respective titles.
Title: Initial Applications for the Legal Services for Homeless
Veterans and Veterans At-Risk for Homelessness Grant Program.
OMB Control No: 2900-xxxx (New/TBD).
CFR Provision: 38 CFR Section 79.25.
<bullet> Summary of collection of information: The new collection
of information in 38 CFR 79.25 contains application provisions for the
Grant Program.
<bullet> Description of need for information and proposed use of
information: This information is needed to award legal services grants
to eligible entities.
<bullet> Description of likely respondents: Non-profit private and
public legal service entities applying for grants.
<bullet> Estimated number of respondents per year: 100.
<bullet> Estimated frequency of responses: Once annually.
<bullet> Estimated average burden per response: 1,440 minutes.
<bullet> Estimated total annual reporting and recordkeeping burden:
2,400 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $133,104.00. Using VA's average annual
number of respondents, VA estimates the application information
collection burden cost to be $133,104.00 per year*. (2,400 burden hours
for respondents x $55.46 per hour).
Title: Grant Renewal Applications for the Legal Services for
Homeless Veterans and Veterans At-Risk for Homelessness Grant Program.
OMB Control No: 2900-xxxx (New/TBD).
CFR Provision: 38 CFR Section 79.25.
<bullet> Summary of collection of information: The new collection
of information in 38 CFR 79.25 requires grantees who want renew their
grant to file a renewal application.
<bullet> Description of need for information and proposed use of
information: VA needs this information to renew legal services grants
previously awarded.
<bullet> Description of likely respondents: Grant Program grantees
seeking a renewal of funds.
<bullet> Estimated number of respondents: 75.
<bullet> Estimated frequency of responses: Once annually.
<bullet> Estimated average burden per response: 1,200 minutes.
<bullet> Estimated total annual reporting and recordkeeping burden:
1,500 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $83,190.00. Using VA's average annual
number of respondents, VA estimates the total information collection
burden cost to be $83,109.00 per year*. (1500 burden hours for
respondents x $55.46 per hour).
Title: Program or Budget Changes and Corrective Action Plans for
the Legal Services for Homeless Veterans and Veterans At-Risk for
Homelessness Grant Program.
OMB Control No: 2900-xxxx (New/TBD).
CFR Provision: 38 CFR Section 79.75.
<bullet> Summary of collection of information: The new collection
of information in 38 CFR 79.75 would require grantees to inform VA of
changes to their approved program through an amendment process.
<bullet> Description of need for information and proposed use of
information: This information is needed for a grantee to inform VA of
significant changes that will alter a grant program approved by VA. In
addition, VA may require grantees to initiate, develop and submit to VA
for approval corrective action plans if, on a quarterly basis, actual
legal services grant expenditures vary from the amount disbursed to a
grantee for that same quarter or actual legal services grant activities
vary from the grantee's program description provided in the grant
agreement.
<bullet> Description of likely respondents: Grantees who desire to
modify their approved grant program.
<bullet> Estimated number of respondents: 10.
<bullet> Estimated frequency of responses: Once annually.
<bullet> Estimated average burden per response: 120 minutes.
<bullet> Estimated total annual reporting and recordkeeping burden:
20 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $1,109.20. Using VA's average annual
number of respondents, VA estimates the total information collection
burden cost to be $1,109.20 per year*. (20 burden hours for respondents
x $55.46 per hour).
Title: Reporting Requirements for the Legal Services for Homeless
Veterans and Veterans At-Risk for Homelessness Grant Program.
OMB Control No: 2900-xxxx (New/TBD).
CFR Provision: 38 CFR Section 79.95.
<bullet> Summary of collection of information: The new collection
of information in 38 CFR 79.95 would require the grantee to submit
reports pertaining to operational and cost effectiveness, fiscal
responsibility, legal services grant agreement compliance, and legal
and regulatory compliance.
<bullet> Description of need for information and proposed use of
information: VA will use this information to determine grantee program
effectiveness and compliance with the requirements for the Grant
Program.
<bullet> Description of likely respondents: Program grantees for
the current grant award year.
<bullet> Estimated number of respondents: 75.
<bullet> Estimated frequency of responses: Quarterly = 4 times per
year.
<bullet> Estimated average burden per response: 30 minutes.
<bullet> Estimated total annual reporting and recordkeeping burden:
150 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $8,319.00. Using VA's average annual
number of respondents, VA estimates the total information collection
burden cost to be $8,319.00 per year*. (150 burden hours for
respondents x $55.46 per hour).
* The total information collection burden cost associated with this
regulation is estimated to be $225,722.20.
Assistance Listing
The Assistance Listing number and title for the program affected by
this document is 64.009, Veterans Medical Care Benefits.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not a major rule, as defined by 5 U.S.C.
804(2).
List of Subjects in 38 CFR Part 79
Administrative practice and procedure; Disability benefits; Grant
programs--health; Grant programs--social services; Grant programs--
transportation; Grant programs--
[[Page 33041]]
veterans; Grant programs--housing and community development; Health
facilities; Homeless; Housing; Housing assistance payments; Indians--
lands; Individuals with disabilities; Legal services; Low and moderate
income housing; Medicare; Medicaid; Public assistance programs; Public
housing; Reporting and recordkeeping requirements; Rural areas; Social
security; Supplemental security income (SSI); Travel and transportation
expenses; Unemployment compensation; Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on May 2, 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.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
0
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR Chapter I by adding part 79 to read as follows:
PART 79--LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK
FOR HOMELESSNESS GRANT PROGRAM
Sec.
79.0 Purpose and scope.
79.5 Definitions.
79.10 Eligible entities.
79.15 Eligible veterans.
79.20 Legal services.
79.25 Applications for legal services grants.
79.30 Threshold requirements prior to scoring legal services grant
applicants.
79.35 Scoring criteria for legal services grant applicants.
79.40 Selection of grantees.
79.45 Scoring criteria for grantees applying for renewal of legal
services grants.
79.50 Selecting grantees for renewal of legal services grants.
79.55 General operation requirements.
79.60 Fee prohibition.
79.65 Notice of Funding Opportunity (NOFO).
79.70 Legal services grant agreements.
79.75 Program or budget changes and corrective action plans.
79.80 Faith-based organizations.
79.85 Visits to monitor operations and compliance.
79.90 Financial management and administrative costs.
79.95 Grantee reporting requirements.
79.100 Recordkeeping.
79.105 Technical assistance.
79.110 Withholding, suspension, deobligation, termination, and
recovery of funds by VA.
79.115 Legal services grant closeout procedures.
Authority: 38 U.S.C. 501, 38 U.S.C. 2022A, and as noted in
specific sections.
Sec. 79.0 Purpose and scope.
(a) Purpose. This part implements the Legal Services for Homeless
Veterans and Veterans At-Risk for Homelessness Grant Program to award
legal services grants to eligible entities to provide legal services to
eligible veterans.
(b) Scope. Legal services covered by this part are those services
that address the needs of eligible veterans who are homeless or at risk
for homelessness.
Sec. 79.5 Definitions.
For purposes of this part and any Notice of Funding Opportunity
(NOFO) issued under this part:
Applicant means an eligible entity that submits an application for
a legal services grant announced in a NOFO.
At risk for homelessness means an individual who meets the criteria
identified in Sec. 79.15(b).
Direct Federal financial assistance means Federal financial
assistance received by an entity selected by the Government or a pass-
through entity as defined in 38 CFR 50.1(d) to provide or carry out a
service (e.g., by contract, grant, or cooperative agreement).
Disallowed costs means costs charged by a grantee that VA
determines to be unallowable based on applicable Federal cost
principles or based on this part or the legal services grant agreement.
Eligible entity means an entity that meets the requirements of
Sec. 79.10.
Eligible veteran means a veteran that meets the requirements of
Sec. 79.15(a) or (b).
Grantee means an eligible entity that is awarded a legal services
grant under this part.
Homeless veteran means a veteran who is homeless as that term is
defined in subsection (a) or (b) of section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302).
Indian tribe has the meaning as given that term in in 25 U.S.C.
4103.
Indirect Federal financial assistance means Federal financial
assistance in which a service provider receives program funds through a
voucher, certificate, agreement or other form of disbursement, as a
result of the genuine, independent choice of a participant.
Legal services means the services listed in Sec. 79.20.
Legal services grant means a grant awarded under this part.
Legal services grant agreement means the agreement executed between
VA and a grantee as specified under Sec. 79.70.
Non-profit private entity means an entity that meets the criteria
in Sec. 79.10(c).
Notice of Funding Opportunity (NOFO) has the meaning as given to
this term in 2 CFR 200.1.
Participant means an eligible veteran who is receiving legal
services from a grantee under this part.
Public entity means an entity that meets the criteria in Sec.
79.10(b).
Rural communities means those communities considered rural
according to the Rural-Urban Commuting Area (RUCA) system as determined
by the United States Department of Agriculture (USDA).
State means any of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, any territory or
possession of the United States, or any agency or instrumentality of a
State exclusive of local governments.
Subcontractor means any third-party contractor, of any tier,
working directly for an eligible entity.
Suspension means an action by VA that temporarily withdraws VA
funding under a legal services grant, pending corrective action by the
grantee or pending a decision to terminate the legal services grant by
VA. Suspension of a legal services grant is a separate action from
suspension under VA regulations or guidance implementing Executive
Orders 12549 and 12689, ``Debarment and Suspension.''
Tribal organization has the meaning given that term in 25 U.S.C.
5304.
Trust land has the meaning given that term in 38 U.S.C. 3765.
Very Low Income means a veteran's income is 50 percent or less of
the median income for an area or community.
Veteran has the meaning given to that term in 38 U.S.C. 101(2).
Withholding means that payment of a legal services grant will not
be paid until such time as VA determines that the grantee provides
sufficiently adequate documentation and/or actions to correct a
deficiency for the legal services grant.
Sec. 79.10 Eligible entities.
(a) To be an eligible entity under this part, the entity must:
(1) Be a public or nonprofit private entity with the capacity to
effectively administer a grant under this part;
(2) Demonstrate that adequate financial support will be available
to carry out the services for which the grant is sought consistent with
the legal services grant application; and
[[Page 33042]]
(3) Agree to meet the applicable criteria and requirements of this
part.
(b) A public entity includes any of the following:
(1) Local government, (that is, a county, municipality, city, town,
township, local public authority (including any public and Indian
housing agency under the United States Housing Act of 1937), school
district, special district, intrastate district, council of governments
(whether or not incorporated as a nonprofit corporation under state
law), any other regional or interstate government entity, or any agency
or instrumentality of a local government);
(2) State government;
(3) Federally recognized Indian tribal government. The governing
body or a governmental agency of any Indian tribe, band, nation, or
other organized group or community (including any Native village as
defined in section 3 of the Alaska Native Claims Settlement Act, 85
Stat 688) certified by the Secretary of the Interior as eligible for
the special programs and services provided by the Bureau of Indian
Affairs.
(c) A nonprofit private entity is an entity that meets the
requirements of 26 U.S.C. 501(c)(3) or (19).
Sec. 79.15 Eligible veterans.
(a) To be eligible for legal services under this part, an
individual must be a:
(1) Homeless veteran or
(2) Veteran at risk for homelessness.
(b) ``At risk for homelessness'' in this part means an individual
who does not have sufficient resources or support networks, e.g.,
family, friends, faith-based or other social networks, immediately
available to prevent them from moving to an emergency shelter or
another place described in paragraph (1) of the definition of
``homeless'' in 24 CFR 576.2 and meets one or more of the following
conditions:
(1) Has moved because of economic reasons two or more times during
the 60 days immediately preceding the application for 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 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 there reside more than 1.5 persons reside per
room, as defined by the U.S. 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 other youth facility, or correction program or institution);
(8) Is fleeing, or is attempting to flee 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; or
(9) Otherwise lives in housing that has characteristics associated
with instability and an increased risk for homelessness.
Sec. 79.20 Legal services.
Allowable legal services covered under this Grant Program are
limited to the following:
(a) Legal services related to housing, including eviction defense,
representation in landlord-tenant cases, and representation in
foreclosure cases.
(b) Legal services relating to family law, including assistance in
court proceedings for child support and custody, divorce, estate
planning, and family reconciliation.
(c) Legal services relating to income support, including assistance
in obtaining public benefits.
(d) Legal services relating to criminal defense, including defense
in matters symptomatic of homelessness, such as outstanding warrants,
fines, driver's license revocation, and citations. To reduce recidivism
and facilitate the overcoming of reentry obstacles in employment or
housing, covered legal services relating to criminal defense also
include legal assistance with requests to expunge or seal a criminal
record.
(e) Legal services relating to requests to upgrade the
characterization of a discharge or dismissal of a former member of the
Armed Forces under 10 U.S.C. 1553.
(f) Other covered legal services as determined appropriate by the
Secretary, including:
(1) Legal assistance with protective orders and other matters
related to domestic or intimate partner violence.
(2) Access to health care.
(3) Consumer law matters, such as debt collection, garnishments,
usury, fraud, deceit, and financial exploitation.
(4) Employment law matters.
(5) The unmet legal needs of male and female veterans in VA's
annual Community Homelessness Assessment, Local Education and
Networking Groups (CHALENG) survey for the grant award year.
Sec. 79.25 Applications for legal services grants.
(a) To apply for a legal services grant, an applicant must submit
to VA a complete legal services grant application package, as described
in the NOFO. A complete legal services grant application package
includes the following:
(1) A description of the legal services to be provided by the
applicant and the identified need for such legal services among
eligible veterans;
(2) A description of how the applicant will ensure that services
are provided to eligible veterans, including women veterans;
(3) A description of the characteristics of eligible veterans who
will receive legal services provided by the applicant;
(4) An estimate with supporting documentation of the number of
eligible veterans, including an estimate of the number of eligible
women veterans, who will receive legal services provided by the
applicant;
(5) A plan for how the applicant will use at least ten percent of
the grant funds to serve eligible women veterans;
(6) Documentation describing the experience of the applicant and
any identified subcontractors in providing legal services to eligible
veterans;
(7) Documentation relating to the applicant's ability to coordinate
with any identified subcontractors;
(8) Documentation of the applicant's capacity to effectively
administer a grant under this section that describes the applicant's:
(i) Accounting practices and financial controls;
(ii) Capacity for data collection and reporting required under this
part; and
(iii) Experience administering other Federal, State, or county
grants similar to the Grant Program under this part.
(9) Documentation of the managerial capacity of the applicant to:
(i) Coordinate the provision of legal services by the applicant or
by other organizations on a referral basis;
(ii) Assess continuously the needs of eligible veterans for legal
services;
[[Page 33043]]
(iii) Coordinate the provision of legal services with services
provided by VA;
(iv) Customize legal services to the needs of eligible veterans;
and
(v) Comply with and implement the requirements of this part
throughout the term of the legal services grant.
(10) Documentation that demonstrates that adequate financial
support will be available to carry out the legal services for which the
grant is sought consistent with the application; and
(11) Any additional information as deemed appropriate by VA.
(b) Subject to funding availability, grantees may submit an
application for renewal of a legal services grant if the grantee's
program will remain substantially the same. To apply for renewal of a
legal services grant, a grantee must submit to VA a complete legal
services grant renewal application package, as described in the NOFO.
(c) VA may request in writing that an applicant or grantee, as
applicable, submit other information or documentation relevant to the
legal services grant application.
Sec. 79.30 Threshold requirements prior to scoring legal services
grant applicants.
VA will only score applicants that meet the following threshold
requirements:
(a) The application is filed within the time period established in
the NOFO, and any additional information or documentation requested by
VA under Sec. 79.25(c) is provided within the time frame established
by VA;
(b) The application is completed in all parts;
(c) The activities for which the legal services grant is requested
are eligible for funding under this part;
(d) The applicant's prospective participants are eligible to
receive legal services under this part;
(e) The applicant agrees to comply with the requirements of this
part;
(f) The applicant does not have an outstanding obligation to the
Federal Government that is in arrears and does not have an overdue or
unsatisfactory response to an audit; and
(g) The applicant is not in default by failing to meet the
requirements for any previous Federal assistance.
Sec. 79.35 Scoring criteria for legal services grant applicants.
VA will score applicants who are applying for a legal services
grant VA will set forth specific point values to be awarded for each
criterion in the NOFO. VA will use the following criteria to score
these applicants:
(a) 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 providing legal services.
(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) Organization and staff qualifications. (i) Applicant, and any
identified subcontractors, have experience working with veterans or
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 experience
providing legal services, including providing such services to
veterans, or individuals who are homeless, at risk for homelessness or
who have very low income.
(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.
(iv) Applicant's staff, and any identified subcontractors' staff,
have experience administering programs similar to the Grant Program
under this part.
(b) VA will award points based on the applicant's program concept
and legal services plan, as demonstrated by the following:
(1) Need for the program. (i) Applicant has shown a need amongst
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 in
need of legal services.
(ii) Applicant has a plan to process and receive legal services
referrals for eligible veterans.
(iii) Applicant has a plan to assess and accommodate the needs of
referred 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.
(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 NOFO.
(7) Capacity to undertake program. Applicant has sufficient
capacity, including staff resources, to undertake the program.
(c) VA will award points based on the applicant's quality assurance
and evaluation plan, as demonstrated by the following:
(1) Program evaluation. Applicant has created clear, realistic, and
measurable metrics that align with the Grant Program's aim of
addressing the legal needs of eligible veterans and through 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 this part.
(3) Remediation. Applicant has a plan or establishes a system for
remediating 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.
[[Page 33044]]
(d) 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.
(e) 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 legal and non-legal supportive services
to veterans who are also 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.
Sec. 79.40 Selection of grantees.
VA will use the following process to select applicants to receive
legal services grants:
(a) VA will score all applicants that meet the threshold
requirements set forth in Sec. 79.30 using the scoring criteria set
forth in Sec. 79.35.
(b) VA will group applicants within the applicable funding
priorities if funding priorities are set forth in the NOFO.
(c) VA will rank those applicants who receive at least the minimum
amount of total points and points per category set forth in the NOFO,
within their respective funding priority group, if any. The applicants
will be ranked in order from highest to lowest scores, within their
respective funding priority group, if any.
(d) VA will use the applicant's ranking as the primary basis for
selection for funding. However, VA will also use the following
considerations to select applicants for funding:
(1) VA will give preference to applicants that have the
demonstrated ability to provide the provision of legal services
eligible individuals who are homeless, at risk for homelessness or have
very low income, as defined by this part.
(2) To the extent practicable, VA will ensure that legal services
grants are equitably distributed across geographic regions, including
rural communities, trust lands, Native Americans, and tribal
organizations.
(3) VA will give preference to applicants with a demonstrated focus
on women veterans as set forth in the NOFO.
(e) Subject to paragraph (d) of this section, VA will fund the
highest-ranked applicants for which funding is available, within the
highest funding priority group, if any. If funding priorities have been
established, to the extent funding is available and subject to
paragraph (d) of this section, VA will select applicants in the next
highest funding priority group based on their rank within that group.
(f) If an applicant would have been selected but for a procedural
error committed by VA, VA may select that applicant for funding when
sufficient funds become available if there is no material change in the
information that would have resulted in the applicant's selection. A
new application would not be required.
Sec. 79.45 Scoring criteria for grantees applying for renewal of
legal services grants.
VA will score applicants who are applying for a renewal of a legal
services grant. VA will set forth specific point values to be awarded
for each criterion in the NOFO. VA will use the following criteria to
score grantees applying for renewal of a legal services grant:
(a) VA will award points based on the success of the grantee's
program, as demonstrated by the following:
(1) Participants were satisfied with the legal services provided by
the grantee.
(2) The grantee delivered legal services to participants in a
timely manner.
(3) The grantee implemented the program by developing and
sustaining relationships with community partners to refer veterans in
need of legal services.
(4) The grantee was effective in conducting outreach to eligible
veterans, including specifically to women veterans, and increased
engagement of eligible veterans seeking legal services provided by the
grantee.
(b) VA will award points based on the cost effectiveness of the
grantee's program, as demonstrated by the following:
(1) The cost per participant was reasonable.
(2) The grantee's program was effectively implemented within
budget.
(c) VA will award points based on the extent to which the grantee
complied with the Grant Program's goals and requirements, as
demonstrated by the following:
(1) The grantee's program was administered in accordance with VA's
goals for the Grant Program as described in the NOFO.
(2) The grantee's program was administered in accordance with all
applicable laws, regulations, and guidelines.
(3) The grantee's program was administered in accordance with the
grantee's legal services grant agreement.
Sec. 79.50 Selecting grantees for renewal of legal services grants.
VA will use the following process to select grantees applying for
renewal of legal services grants:
(a) So long as the grantee continues to meet the threshold
requirements set forth in Sec. 79.30, VA will score the grantee using
the scoring criteria set forth in Sec. 79.45.
(b) VA will rank those grantees who receive at least the minimum
amount of total points and points per category set forth in the NOFO.
The grantees will be ranked in order from highest to lowest scores.
(c) VA will use the grantee's ranking as the basis for selection
for funding. VA will fund the highest-ranked grantees for which funding
is available.
(d) At its discretion, VA may award any non-renewed funds to an
applicant or existing grantee. If VA chooses to award non-renewed funds
to an applicant or existing grantee, funds will be awarded as follows:
(1) VA will first offer to award the non-renewed funds to the
applicant or grantee with the highest grant score under the relevant
NOFO that applies for, or is awarded a renewal grant in, the same
community as, or a proximate community to, the affected community. Such
applicant or grantee must have the capacity and agree to provide prompt
services to the affected community. For the purposes of this section,
the relevant NOFO is the most recently published
[[Page 33045]]
NOFO which covers the geographic area that includes the affected
community, or for multi-year grant awards, the NOFO for which the
grantee, who is offered the additional funds, received the multi-year
award.
(2) If the first such applicant or grantee offered the non-renewed
funds refuses the funds, VA will offer to award the funds to the next
highest-ranked such applicant or grantee, per the criteria in paragraph
(d)(1) of this section, and continue on in rank order until the non-
renewed funds are awarded.
(e) If a grantee would have been selected but for a procedural
error committed by VA, VA may select that grantee for funding when
sufficient funds become available if there is no material change in the
information that would have resulted in the grantee's selection. A new
application would not be required.
Sec. 79.55 General operation requirements.
(a) Eligibility documentation. (1) Prior to providing legal
services, grantees must verify and document each veteran's eligibility
for legal services and classify the veteran based on the eligible
veteran criteria as set forth in Sec. 79.15.
(2) Once the grantee initiates legal services, the grantee will
continue to provide legal services to the participant through
completion of the legal services so long as the participant continues
to meet the eligibility criteria set forth in Sec. 79.15.
(3) If a grantee finds at any point in the grant award period that
a participant is ineligible to receive legal services under this part,
or the provider is unable to meet the legal needs of that participant,
the grantee must document the reason for the participant's
ineligibility or the grantee's inability to provide legal services and
provide the veteran information on other available programs or
resources or provide a referral to another legal services organization
that is able to meet the veteran's needs.
(b) Legal services documentation. For each participant who receives
legal services from the grantee, the grantee must document the legal
services provided, how such services were provided, the duration of the
services provided, any goals for the provision of such services, and
measurable outcomes of the legal services provided as determined by the
Secretary, such as whether the participant's legal issue was resolved.
(c) Confidentiality. Grantees must maintain the confidentiality of
records kept in connection to legal services provided to participants.
Grantees that provide legal services must establish and implement
procedures to ensure the confidentiality of:
(1) Records pertaining to any participant, and
(2) The address or location where the legal services are provided.
Such confidentiality should be consistent with the grantee's State
bar rules on confidentiality in an attorney-client relationship.
(d) Notifications to participants. Prior to initially providing
legal services to a participant, the grantee must notify each
participant of the following:
(1) The legal services are being paid for, in whole or in part, by
VA;
(2) The legal services available to the participant through the
grantee's program; and
(3) Any conditions or restrictions on the receipt of legal services
by the participant.
(e) Assessment of funds. Grantees must regularly assess how legal
services grant funds can be used in conjunction with other available
funds and services to ensure continuity of program operations and to
assist participants.
(f) Administration of legal services grants. Grantees must ensure
that legal services grants are administered in accordance with the
requirements of this part, the legal services grant agreement, and
other applicable laws and regulations. Grantees are responsible for
ensuring that any subcontractors carry out activities in compliance
with this part.
Sec. 79.60 Fee prohibition.
Grantees must not charge a fee to participants for providing legal
services that are funded with amounts from a legal services grant under
this part.
Sec. 79.65 Notice of Funding Opportunity (NOFO).
When funds are available for legal services grants, VA will publish
a NOFO in the Federal Register and on <a href="http://grants.gov">grants.gov</a>. The notice will
identify:
(a) The location for obtaining legal services grant applications;
(b) The date, time, and place for submitting completed legal
services grant applications;
(c) The estimated amount and type of legal services grant funding
available, including the maximum grant funding available per award;
(d) Any priorities for or exclusions from funding to meet the
statutory mandates of 38 U.S.C. 2022A and VA goals for the Grant
Program;
(e) The length of term for the legal services grant award;
(f) Specific point values to be awarded for each criterion listed
in Sec. Sec. 79.35 and 79.45;
(g) The minimum number of total points and points per category that
an applicant or grantee, as applicable, must receive in order for a
legal services grant to be funded;
(h) Any maximum uses of legal services grant funds for specific
legal services;
(i) The timeframes and manner for payments under the legal services
grant; and
(j) Other information necessary for the legal services grant
application process as determined by VA, including the requirements,
goals, and objectives of the Grant Program, and how the preference
under Sec. 79.40(d)(3) may be met.
Sec. 79.70 Legal services grant agreements.
(a) After an applicant is selected for a legal services grant in
accordance with Sec. 79.40, VA will draft a legal services grant
agreement to be executed by VA and the grantee. Upon execution of the
legal services grant agreement, VA will obligate legal services grant
funds to cover the amount of the approved legal services grant, subject
to the availability of funding. The legal services grant agreement will
provide that the grantee agrees, and will ensure that each
subcontractor agrees, to:
(1) Operate the program in accordance with the provisions of this
part and the applicant's legal services grant application;
(2) Comply with such other terms and conditions, including
recordkeeping and reports for program monitoring and evaluation
purposes, as VA may establish for purposes of carrying out the Grant
Program, in an effective and efficient manner; and
(3) Provide such additional information as deemed appropriate by
VA.
(b) After a grantee is selected for renewal of a legal services
grant in accordance with Sec. 79.50, VA will draft a legal services
grant agreement to be executed by VA and the grantee. Upon execution of
the legal services grant agreement, VA will obligate legal services
grant funds to cover the amount of the approved legal services grant,
subject to the availability of funding. The legal services grant
agreement will contain the same provisions described in paragraph (a)
of this section.
(c) No funds provided under this part may be used to replace
Federal, State, tribal, or local funds previously used, or designated
for use, to assist eligible veterans.
[[Page 33046]]
Sec. 79.75 Program or budget changes and corrective action plans.
(a) A grantee must submit to VA a written request to modify a legal
services grant for any proposed significant change that will alter its
legal services grant program. If VA approves such change, VA will issue
a written amendment to the legal services grant agreement. A grantee
must receive VA's approval prior to implementing a significant change.
Significant changes include, but are not limited to, a change in the
grantee or any subcontractors identified in the legal services grant
agreement; a change in the area or community served by the grantee;
additions or deletions of legal services provided by the grantee; a
change in category of eligible veterans to be served; and a change in
budget line items that are more than 10 percent of the total legal
services grant award.
(1) VA's approval of changes is contingent upon the grantee's
amended application retaining a sufficient rank to have been
competitively selected for funding in the year that the application was
granted.
(2) Each legal services grant modification request must contain a
description of the revised proposed use of legal services grant funds.
(b) VA may require that the grantee initiate, develop, and submit
to VA for approval a Corrective Action Plan (CAP) if, on a quarterly
basis, actual legal services grant expenditures vary from the amount
disbursed to a grantee for that same quarter or actual legal services
grant activities vary from the grantee's program description provided
in the legal services grant agreement.
(1) The CAP must identify the expenditure or activity source that
has caused the deviation, describe the reason(s) for the variance,
provide specific proposed corrective action(s), and provide a timetable
for accomplishment of the corrective action.
(2) After receipt of the CAP, VA will send a letter to the grantee
indicating that the CAP is approved or disapproved. If disapproved, VA
will make beneficial suggestions to improve the proposed CAP and
request resubmission or take other actions in accordance with this
part.
(c) Grantees must inform VA in writing of any key personnel changes
(e.g., new executive director, grant program director, or chief
financial officer) and grantee address changes within 30 days of the
change.
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-TBD.)
Sec. 79.80 Faith-based organizations.
(a) Organizations that are faith-based are eligible, on the same
basis as any other organization, to participate in the Grant Program
under this part. Decisions about awards of Federal financial assistance
must be free from political interference or even the appearance of such
interference and must be made on the basis of merit, not on the basis
of religion or religious belief or lack thereof.
(b)(1) No organization may use direct financial assistance from VA
under this part to pay for explicitly religious activities such as
religious worship, instruction, or proselytization; or equipment or
supplies to be used for any of those activities.
(2) References to financial assistance are deemed to be references
to direct Federal financial assistance, unless the referenced
assistance meets the definition of indirect Federal financial
assistance in this part.
(c) Organizations that engage in explicitly religious activities,
such as worship, religious instruction, or proselytization, must offer
those services separately in time or location from any programs or
services funded with direct financial assistance from VA under this
part, and participation in any of the organization's explicitly
religious activities must be voluntary for the participants of a
program or service funded by direct financial assistance from VA under
this part.
(d) A faith-based organization that participates in the Grant
Program under this part will retain its independence from Federal,
State, or local governments and may continue to carry out its mission,
including the definition, practice and expression of its religious
beliefs, provided that it does not use direct financial assistance from
VA under this part to support any explicitly religious activities, such
as worship, religious instruction, or proselytization. Among other
things, faith-based organizations may use space in their facilities to
provide VA-funded services under this part, without concealing,
removing, or altering religious art, icons, scripture, or other
religious symbols. In addition, a VA-funded faith-based organization
retains its authority over its internal governance, and it may retain
religious terms in its organization's name, select its board members
and otherwise govern itself on a religious basis, and include religious
reference in its organization's mission statements and other governing
documents.
(e) An organization that participates in the Grant Program shall
not, in providing legal services, discriminate against a program
participant or prospective participant regarding legal services on the
basis of religion or religious belief.
(f) If a State or local government voluntarily contributes its own
funds to supplement federally funded activities, the State or local
government has the option to segregate the Federal funds or commingle
them. However, if the funds are commingled, this provision applies to
all of the commingled funds.
(g) To the extent otherwise permitted by Federal law, the
restrictions on explicitly religious activities set forth in this
section do not apply where VA funds are provided to faith-based
organizations through indirect Federal financial assistance. A faith-
based organization may receive such funds as the result of a
participant's genuine and independent choice if, for example, a
participant redeems a voucher, coupon, or certificate, allowing the
participant to direct where funds are to be paid, or a similar funding
mechanism provided to that participant and designed to give that
participant a choice among providers.
Sec. 79.85 Visits to monitor operations and compliance.
(a) VA has the right, at all reasonable times, to make visits to
all grantee locations where a grantee is using legal services grant
funds in order to review grantee accomplishments and management control
systems and to provide such technical assistance as may be required. VA
may conduct inspections of all program locations and records of a
grantee at such times as are deemed necessary to determine compliance
with the provisions of this part. If a grantee delivers services in a
participant's home, or at a location away from the grantee's place of
business, VA may accompany the grantee. If the grantee's visit is to
the participant's home, VA will only accompany the grantee with the
consent of the participant. If any visit is made by VA on the premises
of the grantee or a subcontractor under the legal services grant, the
grantee must provide, and must require its subcontractors to provide,
all reasonable facilities and assistance for the safety and convenience
of the VA representatives in the performance of their duties. All
visits and evaluations will be performed in such a manner as will not
unduly delay services.
(b) The authority to inspect carries with it no authority over the
management or control of any applicant or grantee under this part.
[[Page 33047]]
Sec. 79.90 Financial management and administrative costs.
(a) Grantees must comply with applicable requirements of the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR part 200.
(b) Grantees must use a financial management system that provides
adequate fiscal control and accounting records and meets the
requirements set forth in 2 CFR part 200.
(c) Payment up to the amount specified in the legal services grant
must be made only for allowable, allocable, and reasonable costs in
conducting the work under the legal services grant. The determination
of allowable costs must be made in accordance with the applicable
Federal Cost Principles set forth in 2 CFR part 200.
(d) Costs for administration by a grantee must not exceed 10
percent of the total amount of the legal services grant. Administrative
costs will consist of all costs associated with the management of the
program, including administrative costs of subcontractors.
Sec. 79.95 Grantee reporting requirements.
(a) VA may require grantees to provide, in such form as may be
prescribed, such reports or answers in writing to specific questions,
surveys, or questionnaires as VA determines necessary to carry out the
Grant Program.
(b) At least once per year, or at the frequency set by VA, each
grantee must submit to VA a report containing information relating to
operational effectiveness; fiscal responsibility; legal services grant
agreement compliance; and legal and regulatory compliance. This report
must include a breakdown of how the grantee used the legal services
grant funds; the number of participants assisted; information on each
participant's gender, age, race, and service era; a description of the
legal services provided to each participant; and any other information
that VA requests.
(c) VA may request additional reports to allow VA to fully assess
the provision legal services under this part.
(d) Grantees must relate financial data to performance data and
develop unit cost information whenever practical.
(e) All pages of the reports must cite the assigned legal services
grant number and be submitted in a timely manner as set forth in the
grant agreement.
(f) Grantees must provide VA with consent to post information from
reports on the internet and use such information in other ways deemed
appropriate by VA. Grantees must clearly redact information that is
confidential based on attorney-client privilege, unless that privilege
has been waived by the client.
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-TBD.)
Sec. 79.100 Recordkeeping.
Grantees must ensure that records are maintained for at least a 3-
year period to document compliance with this part. Grantees must
produce such records at VA's request.
Sec. 79.105 Technical assistance.
VA will provide technical assistance, as necessary, to applicants
and grantees to meet the requirements of this part. Such technical
assistance will be provided either directly by VA or through contracts
with appropriate public or non-profit private entities.
Sec. 79.110 Withholding, suspension, deobligation, termination, and
recovery of funds by VA.
VA will enforce this part through such actions as may be
appropriate. Appropriate actions include withholding, suspension,
deobligation, termination, recovery of funds by VA, and actions in
accordance with 2 CFR part 200.
Sec. 79.115 Legal services grant closeout procedures.
Legal services grants will be closed out in accordance with 2 CFR
part 200.
[FR Doc. 2022-10930 Filed 5-31-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on June 1, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.