Proposed Rule2022-16370
VA Homeless Providers Grant and Per Diem Program
Primary source
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Published
August 1, 2022
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is proposing to amend its regulations that govern its Homeless Providers Grant and Per Diem Program. This proposed rule would implement the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 by amending the allowable rate of per diem VA provides to grant recipients and eligible entities for homeless veterans and establishing a new rate for homeless veterans who care for a minor dependent by adding an additional per diem amount for each minor dependent. This proposed rule would also make technical corrections and update outdated terminology and cross-references.
Full Text
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<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Proposed Rules]
[Pages 46909-46916]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16370]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 61
RIN 2900-AR35
VA Homeless Providers Grant and Per Diem Program
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
its regulations that govern its Homeless Providers Grant and Per Diem
Program. This proposed rule would implement the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 by amending the allowable rate of per diem VA provides to grant
recipients and eligible entities for homeless veterans and establishing
a new rate for homeless veterans who care for a minor dependent by
adding an additional per diem amount for each minor dependent. This
proposed rule would also make technical corrections and update outdated
terminology and cross-references.
DATES: Comments must be received on or before September 30, 2022.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Comments should indicate that they are submitted in response to [``RIN
2900-AR35--VA Homeless Providers Grant and Per Diem Program.'']
Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Chelsea Watson, Director, Grant/Per
Diem Program, (673/GPD), VA National Grant and Per Diem Program Office,
810 Vermont Ave. NW, Washington, DC 20420. <a href="/cdn-cgi/l/email-protection#185f485c7f6a79766c6b586e79367f776e"><span class="__cf_email__" data-cfemail="337463775441525d47407345521d545c45">[email protected]</span></a> (813) 979-
3570. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On January 5, 2021, section 4204 of the
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020, Public Law 116-315 (the Act), amended VA's
authority for the VA Homeless Providers Grant and Per Diem (GPD)
Program in 38 United States Code (U.S.C.) 2012. The GPD Program
provides grants to recipients and eligible entities to provide
transitional housing with supportive services for veterans experiencing
homelessness as they transition to permanent housing. The purpose of
the GPD Program is to promote the development and provision of
supportive housing or supportive services with the goal of helping
homeless veterans achieve residential stability, increase their skill
levels and income, and obtain greater self-determination. Section 2012
establishes the parameters for the rate of per diem payments VA will
provide to a grant recipient or eligible entity for services furnished
to homeless veterans. VA implements section 2012 in regulation in 38
Code of Federal Regulations (CFR) part 61.
The Act amended the parameters in which VA can adjust the per diem
amount and established an additional amount of per diem for veterans
with minor dependents. Therefore, we propose to amend 38 CFR part 61 to
reflect these statutory changes. We also
[[Page 46910]]
propose to make technical edits to part 61 and eliminate outdated
terminology and cross-references.
Substantive Amendments
As noted above, VA is proposing several substantive changes to part
61 to implement the Act.
Section 61.1 Definitions
Section 61.1 of 38 CFR provides the definitions for the GPD
Program. In this rulemaking, we propose to add a definition to the list
of definitions in Sec. 61.1. The Act amended section 2012 to revise
subsection (a)(2)(A)(iii) to establish an additional amount available
to a recipient of a grant or eligible entity for services to homeless
veterans when the eligible veteran has care of a minor dependent. We
would, therefore, propose to add a definition of minor dependent to
clearly state who VA considers a minor dependent for purposes of this
additional per diem amount.
VA conducted a review of many States and Federal agencies to
determine how it should define the term minor dependent; however, we
found that the States and Federal agencies have varying definitions of
minor dependent. We also found that some Federal agencies, such as VA,
do not define the term minor dependent, but instead define the term
child. Section 101(4) of title 38, U.S.C., defines the term child for
VA's purposes generally as a person who is unmarried and is (1) under
the age of eighteen years; (2) who, before attaining the age of
eighteen years, became permanently incapable of self-support; or (3)
who, after attaining the age of eighteen years and until completion of
education or training (but not after attaining the age of twenty-three
years), is pursuing a course of instruction at an approved educational
institution. The definition also includes a detailed description of the
required familial relationship to the veteran.
For the purposes of the definition of minor dependent for the GPD
program, we propose to adopt VA's definition of child in section 101(4)
with minor changes. We would define minor dependent as someone who is
unmarried, is identified by the veteran as a family member when
presenting for GPD services, and is either under the age of 23 years
old or is 23 years old or older and became permanently incapable of
self-support before reaching the age of 23. We would exclude
emancipated children, as they have taken the affirmative step to
establish their independence, meaning they are no longer dependents.
Instead of utilizing the detailed and nuanced description of the
relationship between the minor dependent and the veteran that is in
section 101(4), for the purposes of the GPD program, we would permit
the veteran to identify the minor dependent as a family member. This is
consistent with how we administer other grant programs, such as the
Supportive Services for Veteran Families Grant Program. It is also
important because it would allow for flexibility for this population of
veterans who may not have traditional family structures. In addition,
instead of distinguishing between the age of 18 and up to 23 years old
based upon completion of educational training, we would permit all
individuals to be minor dependents up to 23 years old. Doing so would
make it easier for veterans and their minor dependents so that no
verification of educational training would be required.
Section 61.33 Payment of Per Diem
The Act amended section 2012 by adjusting the parameters under
which VA can pay grant recipients and eligible entities. Section
2012(a)(2), as amended, continues to provide that the rate for such per
diem payments shall be the daily cost of care estimated by the grant
recipient or eligible entity, as adjusted by VA, excluding other
sources of income. The Act revised section 2012(a)(2)(A) by adding an
additional amount for services provided to a homeless veteran caring
for a minor dependent (as discussed above). The Act also revised
section 2012(a)(2)(B) to provide that any adjustment may not result in
a rate that is lower than the rate in effect under this paragraph as in
effect immediately preceding the date of enactment of the Navy SEAL
Bill Mulder Act of 2020 (Title IV of the Act, which had a date of
enactment of January 5, 2021) and may not result in a rate that exceeds
the rate that is 115 percent of the rate authorized for State homes for
domiciliary care under 38 U.S.C. 1741(a)(1)(A). The Act also added a
new item in section 2012(a)(2)(B)(i)(II)(bb) that provided that the
rate may be determined based on locality.
In this rulemaking, we propose to amend 38 CFR 61.33, regarding
payment of per diem, to be consistent with the Act. Current Sec.
61.33(c) provides the rate of per diem payment for each veteran in
supportive housing shall be the lesser of: (1) the daily cost of care
estimated by the per diem recipient minus other sources of payments to
the per diem recipient for furnishing services to homeless veterans
that the per diem recipient certifies to be correct (other sources
include payments and grants from other departments and agencies of the
United States, from departments of local and State governments, from
private entities or organizations, and from program participants); or
(2) the current VA State home program per diem rate for domiciliary
care, as set by the Secretary under 38 U.S.C. 1741(a)(1). We,
therefore, propose to amend paragraph (c) to align with the statutory
changes made by the Act.
We would amend paragraph (c)(2) to state the maximum allowable rate
is the rate as adjusted by the Secretary under 38 U.S.C.
2012(a)(2)(B)(i)(II)(aa) and made available on the program's website.
Referencing the statutory citation will direct the public to the
criteria, and if there is a change to the statutory language in the
future, VA would not necessarily need to amend its regulations to be in
alignment with the new changes. Rather, VA would maintain seamless
compliance with evolving statutory authorities by implementing the
necessary changes regarding the rate through Notices of Funding
Opportunities (NOFO), grant agreements, and the program website. We
note that the maximum rates are currently posted on the GPD Program's
website which will not reflect rates that are lower than $49.91
(<a href="https://www.va.gov/HOMELESS/GPD_ProviderRate.asp">https://www.va.gov/HOMELESS/GPD_ProviderRate.asp</a>), and we propose to
continue to provide the rates on such a public-facing VA website.
The Act also established a new subsection (e) in section 2012 that
allows reimbursement of certain fees charged to a recipient of a grant
under section 2011, 2013, or 2061, or a recipient of per diem payments
under section 2012 of title 38 for the use of the homeless management
information system (HMIS) described in section 402(f) of the McKinney
Vento Homeless Assistance Act (42 U.S.C. 11360a(f)) in amounts the
Secretary determines reasonable, and if the Secretary determines that
the grant or per diem payment recipient is unable to obtain information
contained in such system through other means and at no cost to the
recipient. However, the GPD program historically considered these fees
to be allowable costs that could be calculated as part of the indirect
or direct cost of the grant, as applicable; per diem recipients can
continue to include the costs of accessing HMIS into the cost of care
calculations as usual, and if HMIS costs result in a rate that exceeds
the cap, those costs can be accommodated. Therefore, we would continue
to include these costs in the per diem payments, and we do not believe
it necessary to amend the regulations accordingly. Nevertheless,
[[Page 46911]]
VA understands the importance of HMIS participation and would continue
to emphasize its importance to the fullest extent through other means,
such as through NOFOs, grant agreements, the case management program,
and other communication tools.
We note that VA published a final rule on June 25, 2021, 86 FR
33518, that inadvertently removed an exception to the rate of payment
for individual veterans, in what was previously in the introductory
sentence in 38 CFR 61.33(b) and in paragraph (b)(3). The omitted
language should have been included in the introductory sentence of
current paragraph (c) and as paragraph (c)(3). We propose to correct
this omission. We would amend the introductory sentence of paragraph
(c) to now add an exception under paragraph (c)(3). We are also
proposing to add a new paragraph (c)(3) to restate the exception that
was omitted in the prior final rule with no edits to the language aside
from correcting the citation from paragraph (b)(1) to reference
paragraph (c)(1). Paragraph (c)(3) would state for a veteran who is
placed in housing that will become permanent housing for that veteran
upon termination of supportive housing services, the rate of payment
shall be the lesser of 150 percent of the current VA State home program
per diem rate for domiciliary care, as set by the Secretary under 38
U.S.C. 1741(a)(1) or the daily cost of care estimated pursuant to
paragraph (c)(1) of this section.
As previously noted, the Act added a new item in section
2012(a)(2)(B)(i)(II)(bb) that provided that the rate may be determined
based on locality. VA is not exercising this authority at this time.
In this rulemaking we also propose to add a new paragraph (d) to
address the rate of payment for a veteran who has care of one or more
minor dependents. The Act established that, for purposes of calculating
the rate for per diem payments, in the case of a homeless veteran who
has care of a minor dependent while receiving services from the grant
recipient or eligible entity, the daily cost of care of the homeless
veteran shall be the sum of the daily cost of care of the homeless
veteran plus, for each such minor dependent, an amount that equals 50
percent of such daily cost of care. See 38 U.S.C. 2012(a)(2)(A)(iii).
For clarity and consistency with our current regulatory structure, VA
believes it would be more appropriate to create a separate paragraph
for the additional rate for veterans who have minor dependents when
implementing this provision.
The rate would be calculated by determining the rate of the
individual veteran pursuant to paragraph (c) and then adding 50 percent
of that rate for each minor dependent. Instead of specifically stating
that we would add 50 percent of the rate for each minor dependent, we
would cite to the statutory authority at 38 U.S.C. 2012(a)(2)(A)(iii).
Referencing the statutory authority could allow for VA to quickly make
any changes to the rate structure were Congress to make any future
amendments to how the rate should be calculated. In addition, we would
state that the additional rate would be made available on the GPD
Program's website. Proposed paragraph (d) would also require that the
veteran be receiving services from the grant recipient or eligible
entity, consistent with the Act, and would require the minor dependent
to occupy a bed on the same day for which a veteran-care rate is paid.
This would be consistent with the language in section
2012(a)(2)(A)(iii).
Technical Edits
In addition to the substantive changes discussed above, VA also
proposes a number of technical or grammatical amendments to part 61.
Notice of Funding Opportunity
We propose to make technical edits throughout part 61 to replace
the term Notice of Fund Availability or NOFA with Notice of Funding
Opportunity. We would be making these edits to mirror the term as it is
used in other sections of the CFR, specifically 2 CFR 200.204, which
governs Notices of Funding Opportunity for discretionary grants and
cooperative agreements. These edits would not change the meaning of the
definition as stated in Sec. 61.1. For this reason, we propose to
amend Sec. Sec. 61.1, 61.3, 61.11, 61.12, 61.14, 61.15, 61.18, 61.31,
61.32, 61.41, 61.51, 61.52, 61.54, and 61.92.
Capitalization of the Term State
Part 61 of 38 CFR does not consistently capitalize the term State
as it applies to one of the 50 States, Commonwealths, or territories of
the United States. As such, we propose to capitalize the term State by
amending Sec. Sec. 61.1, the definitions of public entity and State,
61.11(b)(6), 61.13(d)(10), (f), and (g), 61.15(a)(6) and (a)(7),
61.31(b)(4), 61.51(b)(6), 61.53(c)(6), 61.61(e), 61.62(c), 61.80(a) and
(b)(4), 61.92(d)(7), (f), and (g).
Section 61.1 Definitions
We propose to remove the term area or community from the list of
definitions in Sec. 61.1. VA defines the term area or community as a
political subdivision or contiguous political subdivisions (such as a
precinct, ward, borough, city, county, State, Congressional district,
etc.) with a separately identifiable population of homeless veterans.
We propose to remove the definition of area or community because VA no
longer relies on the area or community as the term is currently
defined. Instead, VA relies on the VA medical facility areas, which are
stated in the NOFOs.
We propose to remove the term fixed site from the list of
definitions in Sec. 61.1. VA defines the term fixed site to mean a
physical structure that under normal conditions is not capable of
readily being moved from one location to another location. VA believes
that this term can rely on the common dictionary definition of the term
and does not see that any additional clarification is provided by this
regulatory definition.
We propose to make a technical correction to the definition of
homeless in Sec. 61.1 by correcting the statutory citation at the end
of the definition. In the current definition, we define homeless to
have the meaning given that term in section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302(a)). To correct the citation,
we propose to add subsections (b) and (d) after the citation to section
11302(a) to now state 42 U.S.C. 11302(a), (b), and (d). This correction
is made to include relevant clarifications from the law about the
definition of homeless. No other edits to the meaning of this paragraph
would be intended by this change.
As previously stated in this rulemaking, we propose to amend the
term Notice of Fund Availability to now state Notice of Funding
Opportunity. In addition, we also propose to clarify that Notices of
Funding Opportunities are published on the Office of Management and
Budget (OMB)-designated website (as required by 2 CFR 200.204 and OMB's
Management Procedures Memorandum No. 2021-01). We propose to make this
edit because grant opportunities generally are no longer published in
the Federal Register, but rather they are posted on the <a href="http://Grants.gov">Grants.gov</a>
website. We would not specify the website address in case the website
changes again in the future. No other edits to the meaning of this
paragraph would be intended by this change.
We propose to remove the definition of the term rehabilitation in
the list of definitions in Sec. 61.1. VA defines the term
rehabilitation to mean the improvement or repair of an existing
structure but excludes minor or routine
[[Page 46912]]
repairs. This definition is no longer indicative of what rehabilitation
means for GPD grants. The term rehabilitation can have a variety of
meanings, which would depend on the scope of a particular funding
opportunity. As such, we would omit the definition in the regulation
and continue to define rehabilitation in the NOFO, as needed.
We propose to remove the definition of the term total project cost
from the list of definitions in Sec. 61.1. VA defines the term total
project cost to mean the sum of all costs incurred by a recipient for
the acquisition, rehabilitation, and new construction of a facility, or
van(s), identified in a grant application. VA believes that this
definition of the term is no longer broadly applicable to GPD projects
because the types of projects have expanded beyond capital projects.
Furthermore, Federal-wide cost principles for grants adequately define
what constitutes total costs in 2 CFR 200.402. Therefore, additional
clarification would not be provided by the current definition.
Section 61.12 Capital Grant Application Packages--Threshold
Requirements
Section 61.12 establishes the threshold requirements that must be
met for the capital grants program. Paragraph (e) states that the
application must demonstrate compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42
U.S.C. 4601-4655). However, because the timeline between application
and award is usually several months, the actual property that will be
acquired is typically not determined until after the capital grant has
been awarded. As a result, compliance with the URA would occur after VA
awards a capital grant at the time the grantee demonstrates site
control before receiving capital grant payments. Therefore, VA believes
that this compliance requirement would be best placed under site
control in Sec. 61.17. This proposed amendment would not change
current practice. We, therefore, propose to remove paragraph (e) from
Sec. 61.12 and redesignate current paragraphs (f) through (i) as new
paragraphs (e) through (h), respectively. We would also add a new
paragraph (b) to Sec. 61.17 to state the site must be in compliance
with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). No changes in the
meaning of this paragraph would be made by this change. We would also
redesignate current paragraphs Sec. 61.17(b) and (c) as new paragraphs
(c) and (d), respectively.
Section 61.13 Capital Grant Application Packages--Rating Criteria
Section 61.13 establishes the rating criteria for the capital
grant. Paragraph (g) contains the rating criterion addressing
coordination with other programs. Paragraph (g) states that VA will
award up to 200 points based on the extent to which applicants
demonstrate that they have coordinated with Federal, State, local,
private and other entities serving homeless persons in the planning and
operation of the project; it then lists examples of such entities. In
addition, it states that applicants are required to demonstrate that
they have coordinated with the VA medical care facility of jurisdiction
and/or VA Regional Office of jurisdiction in their area. We propose to
remove the reference to the VA Regional Office of jurisdiction in their
area because the GPD program is coordinated by the Veterans Health
Administration via the VA medical facilities and not VA Regional
Offices. Therefore, we propose to state that applicants are required to
demonstrate that they have coordinated with the VA medical facility of
jurisdiction.
Paragraph (g) also specifies that VA will award up to 50 points of
the 200 points based on the extent to which commitments to provide
supportive services are documented at the time of application. Up to
150 points of the 200 points will be given to the extent applicants
demonstrate that: (1) they are part of an ongoing community-wide
planning process within the framework described above which is designed
to share information on available resources and reduce duplication
among programs that serve homeless veterans; (2) they have consulted
directly with the closest VA Medical Center and other providers within
the framework described above regarding coordination of services for
project participants; and (3) they have coordinated with the closest VA
Medical Center their plan to assure access to health care, case
management, and other care services. We propose to remove these
specific criteria because that information is not useful in reviewing,
scoring, and selecting high-quality applications. We believe that the
portion of paragraph (g) we propose to remain in the rule would
continue to hold applicants accountable for coordinating with other
programs but would provide the necessary flexibility for VA reviewers
to score those applications based on the type and quality of
coordination that will result in the best services for veterans even as
changes to how communities are organized may arise. We also would make
a minor grammatical edit for clarity by adding a comma after
``private'' in the list of entities serving homeless persons.
Section 61.15 Capital Grants--Obtaining Additional Information and
Awarding Capital Grants
Section 61.15 establishes the procedures for obtaining additional
information for the capital grants, as necessary, and for awarding such
grants. Paragraph (a)(4) requires that the applicant submit
documentation establishing compliance with the National Historic
Preservation Act (NHPA) (16 U.S.C. 470). However, this citation is no
longer correct as the provisions of the NHPA were moved by Public Law
113-287 (December 19, 2014). The correct statutory citation is 54
U.S.C. 300101 et seq. Part 106 of the NHPA (54 U.S.C. 306108) requires
Federal agencies to take into account the effects of an undertaking on
historic properties. Regulations implementing part 106 (36 CFR part
800) provide how Federal agencies meet this statutory responsibility.
We propose to amend paragraph (a)(4) with the current NHPA citation and
to state that the applicant may be asked to submit documentation
establishing compliance with 36 CFR part 800, the regulations
implementing section 106 of the NHPA (54 U.S.C. 306108). No other
change to the meaning of this paragraph would be intended by this
change.
Paragraph (a)(5) requires the applicant to submit information
necessary for VA to ensure compliance both with Uniform Federal
Accessibility Standards (UFAS) and the Americans with Disabilities Act
(ADA) Accessibility Guidelines. In 1968, VA was a major advocate for
The Architectural Barriers Act, Public Law 90-480, which ensured that
buildings financed with Federal funds were so designed and constructed
as to be accessible to everyone. This law required all construction,
renovation, or leasing with Federal funds meet Uniform Federal
Accessibility Standards (UFAS). These standards brought all Federal
agencies under a common accessibility guideline for the first time. The
Americans with Disabilities Act (ADA) of 1990 set accessibility
requirements for State and local government, as well as private sector
projects, similar to the requirements set for Federal projects through
the Architectural Barriers Act. Today, VA follows U.S. General Services
Administration and other standard-setting agencies in replacing UFAS
with the Architectural Barriers Act Accessibility Standard (ABAAS) for
[[Page 46913]]
Federal facilities. As such, we propose to amend paragraph (a)(5) to
now state that the applicant must ensure compliance both with
Architectural Barriers Act Accessibility Standards and the Americans
with Disabilities Act Accessibility Guidelines. This is not a
substantive change for applicants, and no other change to the meaning
of this paragraph would be intended by this change.
Paragraph (a)(8) requires the applicant, as necessary, to ensure
compliance with the provisions of the National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.) and its implementing regulations (40
CFR parts 1500-1508). As required by NEPA, VA established agency-
specific procedures to implement the requirements of NEPA at 38 CFR
part 26. We propose to amend paragraph (a)(8) to also reference VA's
implementing regulations and to direct the reader to the NEPA
requirements specific to VA. Therefore, we propose to amend paragraph
(a)(8) to state that the applicant, as necessary, must submit
information necessary for VA to ensure compliance with the NEPA, the
generally applicable regulations implementing NEPA (40 CFR parts 1500-
1508), and VA's agency-specific regulations implementing NEPA (38 CFR
part 26). No other change to the meaning of this paragraph would be
intended by this change.
Section 61.80 General Operation Requirements for Supportive Housing and
Service Centers
We propose to revise paragraph (a) of Sec. 61.80 to be consistent
with 38 U.S.C. 2011(b)(5)(B). Paragraph (a) of Sec. 61.80 does not
contain the statutory phrase ``or such other comparable fire and safety
requirements as the Secretary may specify'' and only references the
Life Safety Code of the National Fire Protection Association. Including
the statutory language in the regulation would more closely follow the
language of the statute and would continue to ensure the safety of
veterans who reside in supportive housing or who receive support from
service centers. No other edits to the meaning of this paragraph would
be intended by this change.
Section 61.92 Grant for Case Management Services--Application and
Rating Criteria
Section 61.92 establishes the application and rating criteria for
grants for case management services. We propose to make a technical
edit to Sec. 61.92(b) to correct a typographical error. Paragraph (b)
states that to be eligible for a case management grant, an applicant
must receive at least 750 points (out of a possible 1000) and must
receive points under paragraphs (c) through (f) of this section. This
paragraph should have referenced paragraphs (c) through (g) of this
section, not paragraphs (c) through (f), and we propose to make this
edit. As previously stated, we would also revise the term Notice of
Fund Availability (NOFA) to now state Notice of Funding Opportunity,
where it appears in this section. No other edits to the meaning of this
section would be intended by this change.
As stated, paragraphs (c) through (g) list the rating criteria for
applicants. Paragraph (g) provides the criteria addressing coordination
with other programs and states VA will award up to 200 points based on
the extent to which the applicant demonstrates that it has coordinated
with Federal, State, local, private, and other entities serving
homeless persons or persons at risk for homelessness in the planning
and operation of the case management services project; it then lists
examples of such entities. In addition, it states that applicants are
required to demonstrate that they have coordinated with the VA medical
care facility of jurisdiction or VA Regional Office of jurisdiction in
their area. We propose to remove the reference to the VA Regional
Office of jurisdiction in their area because the GPD program is
coordinated by the Veterans Health Administration via the VA medical
facilities and not VA Reginal Offices. Therefore, we propose to state
that applicants are required to demonstrate that they have coordinated
with the VA medical facility of jurisdiction.
Paragraph (g) further specifies that VA will award up to 50 points
of the 200 points based on the extent to which commitments to provide
supportive services are documented at the time of application. Up to
150 points of the 200 points will be given to the extent applicants
demonstrate that: (1) they are part of an ongoing community-wide
planning process within the framework described in this section, which
is designed to share information on available resources and reduce
duplication among programs that serve homeless veterans (e.g.,
Continuum of Care); (2) they have consulted directly with the closest
VA medical facility and other providers within the framework described
in this section regarding coordination of services for project
participants; and (3) they have coordinated with the closest VA medical
facility their plan to assure access to health care, case management,
and other care services. We propose to remove these specific criteria
because, as previously stated in this rulemaking, this information is
not useful in reviewing, scoring, and selecting high-quality
applications. We believe that the portion of paragraph (g) we propose
to retain in the rule would continue to hold applicants accountable for
coordinating with other programs but would provide the necessary
flexibility for VA reviewers to score those applications based on the
type and quality of coordination that will result in the best services
for veterans even as changes to how communities are organized may
arise.
We also make other minor grammatical edits for clarity, such as in
section 61.32, removing a comma and adding the word ``the''.
In addition, Sec. 61.92 currently contains an incomplete Office of
Management and Budget (OMB) information collection control number. The
information collection in this regulation has been approved by OMB and
has been assigned OMB control number 2900-0554. We propose to update
Sec. 61.92 to correctly reflect OMB's control number.
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 proposed 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 Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). The provisions associated with this rulemaking do not
involve costs to small entities because the GPD Program provides
Federal awards (e.g., grant money) to small entities. Although the
small entities must apply for Federal
[[Page 46914]]
awards, there are no out-of-pocket expenses (e.g., no filing fees)
created by this rulemaking. Therefore, pursuant to 5 U.S.C. 605(b), the
initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
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 proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act
This proposed rule would amend 38 CFR 61.11, 61.12, 61.15, 61.31,
61.41, 61.51, 61.80, and 61.92, which contain provisions constituting
collections of information under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521). However, no new or
proposed revised collections of information are associated with this
proposed rule. The information collection requirements for Sec. Sec.
61.11, 61.12, 61.15, 61.31, 61.41, 61.51, 61.80, and 61.92 are
currently approved by the Office of Management and Budget (OMB) and
have been assigned OMB control number 2900-0554. However, in earlier
rulemakings, VA did not update Sec. 61.92 to correctly reflect OMB
control number 2900-0554. As noted above, we propose to correct this
omission through this rulemaking by updating the reference in Sec.
61.92 to OMB control number 2900-0554.
Assistance Listing
The Assistance Listing number and title for the program affected by
this document is 64.024, VA Homeless Providers Grant and Per Diem
Program.
List of Subjects in 38 CFR Part 61
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Day care, Dental health, Drug abuse, Government contracts, Grant
programs--health, Grant programs--veterans, Health care, Health
facilities, Health professions, Health records, Homeless, Mental health
programs, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on July 13, 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.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 61 as set forth below:
PART 61--VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM
0
1. The authority citation for part 61 is revised to read as follows:
Authority: 38 U.S.C. 501, 2001, 2002, 2011, 2012, 2013, 2061,
and 2064.
0
2. Amend Sec. 61.1 by:
0
a. Removing the definitions of Area or community and Fixed site.
0
b. Revising the definition of Homeless.
0
c. Adding a definition for Minor dependent in alphabetical order.
0
d. Removing the definition of Notice of Fund Availability (NOFA) and
adding a definition for Notice of Funding Opportunity in alphabetical
order.
0
e. In paragraph (1) of the definition of Public entity, removing the
term ``state law'' and adding in its place ``State law''.
0
f. Removing the definition of Rehabilitation.
0
g. In the definition of State, removing the terms ``state'' and
``states'' and adding in their place the terms ``State'' and ``States''
wherever they appear.
0
h. Removing the definition of Total project cost.
The revisions and additions read as follow:
Sec. 61.1 Definitions.
* * * * *
Homeless has the meaning given that term in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a), (b), and
(d)).
Minor dependent means someone who is unmarried, is not an
emancipated minor, is identified by the veteran as a family member when
presenting for GPD services, and:
(1) Is under age 23; or
(2) Is age 23 or over and became permanently incapable of self-
support before the age of 23.
* * * * *
Notice of Funding Opportunity means a notice published on the
Office of Management and Budget-designated government-wide website
announcing the availability of Federal funding in accordance with Sec.
61.3.
* * * * *
0
3. Amend Sec. 61.3 by revising the section heading and introductory
text to read as follows:
Sec. 61.3 Notice of Funding Opportunity.
When funds are made available for a grant or per diem award under
this part, VA will publish a Notice of Funding Opportunity in the
Office of Management and Budget-designated government-wide website and
the program's website. The notice will:
* * * * *
Sec. 61.11 [Amended]
0
4. Amend Sec. 61.11 by:
0
a. In paragraph (a), removing the term ``Notice of Fund Availability''
and adding in its place the term ``Notice of Funding Opportunity''.
0
b. In paragraph (b)(6), removing the term ``state'' and adding in its
place the term ``State'' wherever it appears.
Sec. 61.12 [Amended]
0
5. Amend Sec. 61.12 by:
0
a. In paragraphs (a)(2) and (4), removing the term ``Notice of Fund
Availability'' and adding in its place the term ``Notice of Funding
Opportunity''.
0
b. Removing paragraph (e) and redesignating paragraphs (f) through (i)
as paragraphs (e) through (h), respectively.
0
6. Amend Sec. 61.13 by:
0
a. In paragraphs (d)(10) and (f), removing the term ``state'' and
adding in its place the term ``State''.
0
b. Revising paragraph (g).
The revision reads as follows.
Sec. 61.13 Capital grant application packages--rating criteria.
* * * * *
(g) Coordination with other programs. VA will award up to 200
points based on the extent to which applicants demonstrate that they
have coordinated with Federal, State, local, private, and other
entities serving homeless persons in the planning and operation of the
project. Such entities may include shelter transitional housing, health
care, or social service providers; providers funded through Federal
initiatives; local planning coalitions or provider associations; or
other program providers relevant to the needs of homeless veterans in
the local community. Applicants are required to demonstrate that they
have coordinated with the VA medical facility of jurisdiction.
* * * * *
[[Page 46915]]
Sec. 61.14 [Amended]
0
7. Amend Sec. 61.14 by, in paragraph (a), removing the term ``NOFA''
and adding in its place the term ``Notice of Funding Opportunity''.
Sec. 61.15 [Amended]
0
8. Amend Sec. 61.15 by:
0
a. In paragraph (a)(4), removing ``the National Historic Preservation
Act (16 U.S.C. 470)'' and adding in its place ``36 CFR part 800, the
regulations implementing section 106 of the National Historic
Preservation Act (54 U.S.C. 306108)''.
0
b. In paragraph (a)(5), removing ``Uniform Federal Accessibility
Standards (UFAS)'' and adding in its place ``Architectural Barriers Act
Accessibility Standards (ABAAS)''.
0
c. In paragraphs (a)(6) and (7), removing the term ``state'' and adding
in its place the term ``State''.
0
d. In paragraph (a)(8), removing ``provisions of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.)'' and adding in its
place ``the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et
seq.), the generally applicable regulations implementing the NEPA (40
CFR parts 1500 through 1508), and VA's regulations implementing the
NEPA (38 CFR part 26)''.
0
e. In paragraph (b), removing the term ``Notice of Fund Availability''
and adding in its place the term ``Notice of Funding Opportunity''.
0
9. Amend Sec. 61.17 by redesignating paragraphs (b) and (c) as
paragraphs (c) and (d) and adding a new paragraph (b) to read as
follows.
Sec. 61.17 Site control for capital grants.
* * * * *
(b) The site must be in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42
U.S.C. 4601-4655).
* * * * *
Sec. 61.18 [Amended]
0
10. Amend Sec. 61.18, in paragraph (a), by removing the term ``NOFA''
and adding in its place the term ``Notice of Funding Opportunity''.
Sec. 61.31 [Amended]
0
11. Amend Sec. 61.31 by:
0
a. In paragraph (b), removing the term ``Notice of Fund Availability''
and adding in its place the term ``Notice of Funding Opportunity''.
0
b. In paragraph (b)(4), removing the term ``state'' and add in its
place the term ``State'' wherever it appears.
0
12. Amend Sec. 61.32 by revising paragraph (a) to read as follows.
Sec. 61.32 Per diem application packages--rating criteria.
(a) Conditional selection. Application packages for per diem only
(i.e., from non-capital grant applicants) in response to a Notice of
Funding Opportunity will be reviewed and grouped in categories
according to the funding priorities set forth in the Notice of Funding
Opportunity, if any. Such applications will then be ranked within their
respective funding category according to scores achieved only if the
applicant scores at least 750 cumulative points out of a possible 1000
from each of the following paragraphs: (b), (c), (d), (e), (f), and (g)
of Sec. 61.13. The highest-ranked applications for which funding is
available, within the highest funding priority category if applicable,
will be conditionally selected for eligibility to receive per diem
payments or special need payment in accordance with their ranked order.
If funding priorities have been established and funds are still
available after selection of those applicants in the highest priority
group, VA will continue to conditionally select applicants in lower
priority categories in accordance with the selection method set forth
in this paragraph subject to available funding. Conditional selectees
will be subsequently awarded per diem if they otherwise meet the
requirements of this part, including passing the inspection required by
Sec. 61.80.
* * * * *
0
13. Amend Sec. 61.33 by:
0
a. Revising paragraphs (c) introductory text and (c)(2).
0
b. Adding paragraph (c)(3).
0
c. Redesignating paragraphs (d) through (h) as paragraphs (e) through
(i) and adding a new paragraph (d).
The revisions and additions read as follows:
Sec. 61.33 Payment of per diem.
* * * * *
(c) Rate of payments for individual veterans. Except as provided in
paragraph (c)(3) of this section, the rate of per diem for each veteran
in supportive housing shall be the lesser of:
* * * * *
(2) The maximum allowable rate as adjusted by the Secretary under
38 U.S.C. 2012(a)(2)(B)(i)(II)(aa) and made available on the program's
website.
(3) For a veteran who is placed in housing that will become
permanent housing for that veteran upon termination of supportive
housing services, the rate of payment shall be the lesser of 150
percent of the current VA state home program per diem rate for
domiciliary care, as set by the Secretary under 38 U.S.C. 1741(a)(1),
or the daily cost of care estimated pursuant to paragraph (c)(1) of
this section.
(d) Rate of payment for a veteran who has care of a minor
dependent. The per diem rate for a veteran who has care of a minor
dependent while such veteran is receiving services from a grant
recipient or eligible entity will be the sum of the rate in paragraph
(c) of this section and an additional amount for each minor dependent
as determined pursuant to 38 U.S.C. 2012(a)(2)(A)(iii) and made
available on the program's website. Such additional amount will only be
added when the minor dependent is occupying a bed on the same day that
a veteran-care rate is charged to the grant.
* * * * *
Sec. 61.41 [Amended]
0
14. Amend Sec. 61.41, in paragraph (a), by removing the term ``Notice
of Fund Availability'' and adding in its place the term ``Notice of
Funding Opportunity''.
Sec. 61.51 [Amended]
0
15. Amend Sec. 61.51 by:
0
a. In paragraph (a), removing the term ``Notice of Fund Availability''
and adding in its place the term ``Notice of Funding Opportunity''.
0
b. In paragraph (b)(6), removing the term ``state'' and adding in its
place the term ``State'' wherever it appears.
Sec. 61.52 [Amended]
0
16. Amend Sec. 61.52, in paragraph (a), by removing the term ``Notice
of Fund Availability'' and adding in its place the term ``Notice of
Funding Opportunity''.
Sec. 61.53 [Amended]
0
17. Amend Sec. 61.53 by, in paragraph (c)(6), removing the term
``state'' and adding in its place the term ``State''.
Sec. 61.54 [Amended]
0
18. Amend Sec. 61.54 by:
0
a. In paragraph (a), removing the term ``NOFA'' and adding in its place
the term ``Notice of Funding Opportunity''.
0
b. In paragraph (d), removing the term ``Notice of Fund Availability''
and adding in its place the term ``Notice of Funding Opportunity''.
Sec. 61.61 [Amended]
0
19. Amend Sec. 61.61, in paragraph (e), by removing the term ``state''
and adding in its place the term ``State''.
Sec. 61.62 [Amended]
0
20. Amend Sec. 61.62 by, in paragraph (c), removing the term ``state''
and adding in its place the term ``State''.
0
21. Amend Sec. 61.80 by:
0
a. Revising paragraph (a).
[[Page 46916]]
0
b. In paragraph (b)(4), removing the term ``state'' and adding in its
place the term ``State''.
The revision reads as follows.
Sec. 61.80 General operation requirements for supportive housing and
service centers.
(a) Supportive housing and service centers for which assistance is
provided under this part must comply with the requirements of the
current edition of the Life Safety Code of the National Fire Protection
Association or such other comparable fire and safety requirements as
the Secretary may specify and all applicable State and local housing
codes, licensing requirements, fire and safety requirements, and any
other requirements in the jurisdiction in which the project is located
regarding the condition of the structure and the operation of the
supportive housing or service centers. Note: All facilities are to be
protected throughout by an approved automatic sprinkler system unless a
facility is specifically exempted under the Life Safety Code or under
other comparable fire and safety requirements as the Secretary may
specify.
* * * * *
0
22. Amend Sec. 61.92 by:
0
a. In paragraph (a) introductory text, removing the phrase ``Notice of
Fund Availability (NOFA) in the Federal Register'' and adding in its
place ``Notice of Funding Opportunity on the Office of Management and
Budget-designated government-wide website''.
0
b. In paragraphs (a)(1) and (3), removing the term ``NOFA'' wherever it
appears and adding in its place ``Notice of Funding Opportunity''.
0
c. In paragraph (b), removing the phrase ``paragraphs (c) through (f)''
and adding in its place ``paragraphs (c) through (g)''.
0
d. In paragraphs (d)(7) and (f), removing the term ``state'' and adding
in its place the term ``State'' wherever it appears.
0
e. Revising paragraph (g).
0
f. Revising the parenthetical at the end of the section.
The revisions read as follows:
Sec. 61.92 Grant for case management services--application and
rating criteria.
* * * * *
(g) Coordination with other programs. VA will award up to 200
points based on the extent to which the applicant demonstrates that it
has coordinated with Federal, State, local, private, and other entities
serving homeless persons or persons at risk for homelessness in the
planning and operation of the case management services project. Such
entities include, but are not limited to, shelters, transitional
housing, Public Housing Authorities, health care or social service
providers, providers funded through Federal initiatives, local planning
coalitions or provider associations, or other program providers
relevant to the needs of formerly homeless veterans in the local
community. Applicants are required to demonstrate that they have
coordinated with the VA medical facility of jurisdiction.
(Approved by the Office of Management and Budget under control
number 2900-0554.)
[FR Doc. 2022-16370 Filed 7-29-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on August 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.