[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37024-37030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17836]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AH89
VA Homeless Providers Grant and Per Diem Program Clarification of
Per Diem Eligibility
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: It is proposed to amend the regulations implementing the VA
Homeless Providers Grant and Per Diem Program concerning per diem
assistance by: Establishing more detailed criteria for determining
which entities are eligible for obtaining per diem assistance;
establishing a priority for funding eligible entities; clarifying the
requirements for continued receipt of per diem payments; and clarifying
the maximum amount payable for per diem assistance. The proposal is
designed to ensure that the appropriate entities receive the
appropriate amount of per diem assistance under fair and objective
procedures. This document also proposes to obtain approval of
collection of information provisions concerning applicants for grants
and per diem.
DATES: Comments must be received on or before September 16, 1996.
ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Room 1154, Department of Veterans
Affairs, 810 Vermont Ave., NW, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AH89.'' All
written comments will be available for public inspection at the above
address in the Office of Regulations Management, Room 1158, between the
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except
holidays).
FOR FURTHER INFORMATION CONTACT: Roger Casey, VA Homeless Providers
Grant and Per Diem Program, Mental Health and Behavioral Sciences
Service (111C1E), Department of Veterans Affairs, 810 Vermont Avenue,
NW, Washington, DC 20420; (202) 273-8442. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: It is proposed to amend the regulations
implementing VA's Homeless Providers Grant and Per Diem Program (38 CFR
part 17.700) concerning per diem assistance by: (1) Establishing more
detailed criteria for determining which entities are eligible for
obtaining per diem assistance; (2) establishing a priority for funding
eligible entities; (3) clarifying the requirements for continued
receipt of per diem payments; and (4) clarifying the maximum amount
payable for per diem assistance. These regulations were established
pursuant to Homeless Veterans Comprehensive Services Act of 1992 (Pub.
L. 102-590, as amended by Pub. L. 104-110). The regulations set forth
provisions to assist public or non-profit private entities in
establishing new programs to furnish supportive services and supportive
housing for homeless veterans through grants. The regulations also
provide for per diem payments, or in-kind assistance in lieu of per
diem payments, to entities that are receiving grants or to entities
eligible to receive a grant that established supportive services or a
supportive housing program for homeless veterans after November 10,
1992.
Some homeless veterans service providers have informed us they
understood the regulations allowed only grant recipients to apply for
per diem assistance. However, neither the Act nor the regulations limit
per diem assistance to grant recipients. Nevertheless, the Act does
limit per diem assistance to entities that meet basic criteria
applicable to grant recipients. ``Eligible entity'' under the Act means
a public or nonprofit private entity that: Has the capacity to
effectively administer a grant under the Act; demonstrates that
adequate financial support will be available to carry out the project
for which the grant is sought; and agrees to meet the applicable
criteria and requirements of the grant program. Grant program criteria
and requirements applicable to the receipt of per diem include:
Targeting the homeless veteran population; coordinating with the
community; providing the needed services; and establishing a project
plan that details the goals that will be used in evaluating
participants' progress as well as program successes with increasing
veterans' residential stability, skill and/or income level, and self
determination. It is proposed to subject per diem applicants to these
criteria. It appears this would ensure that the entities awarded per
diem assistance
[[Page 37025]]
would have the necessary standards of quality required to comply with
the Act. Further, it is proposed that per diem applicants be required
to score a minimum of 500 points on the per diem portions of the Grant/
Per Diem application. This minimum eligibility score is proportional to
the minimum 600 points required for grant eligibility. The remaining
criteria and requirements of the grant program pertain to construction,
property acquisition, leveraging resources, vehicle acquisition, etc.,
which are not applicable to per diem.
Additionally, the rule would clarify that non-grant recipients'
programs that are not scored under per diem criteria, and grant
recipients' programs that are not established as a result of grant
funding, would not receive per diem payments.
It is also proposed to establish a priority for funding and
criteria for ranking per diem applicants. Under the proposal, per diem
assistance would first be awarded to supportive housing or supportive
service center grant recipients that request per diem and that receive
a sufficient ranking based on a cumulative score on portions of the
Grant/Per Diem application pertaining to per diem assistance. It is
proposed that if funding is still available, a Notice of Funding
Availability (NOFA) would be published in the Federal Register and
applications would be accepted from non-grant recipients. Also, the
proposal provides that per diem would be awarded to those non-grant
recipients who are deemed eligible entities and who receive a
sufficient ranking based on the application. It appears that this
method of prioritizing would help ensure success of the entities
receiving grant funds for supportive housing and supportive service
centers while still providing for consideration of non-grant
recipients. In evaluating grant recipients and non-grant recipients,
scores would be ranked from highest to lowest and funds would be
allocated on the basis of rank from highest to lowest until funds are
expended. Under this proposal those non-grant recipient entities that
have already submitted a request for recognition of eligibility, prior
to the issuance of this amendment, would need not submit a second
request but would be expected to follow the proposed requirements for
application. Those grant recipients that have received a grant prior to
this amendment and have not received per diem payments, would be asked
to submit a request for recognition of eligibility to initiate scoring
of the per diem relevant portions of their grant application.
It is also proposed to clarify the requirements for continued
receipt of per diem payments. To help ensure the quality of per diem
recipients' programs, VA would require recipients to maintain their
programs so that they would score the minimum number of points required
on per diem relevant sections of the Grant/Per Diem application. Under
the proposal, VA would ensure compliance by conducting inspections and
would provide an opportunity to challenge a VA decision to terminate
per diem payments for a recipient's failure to comply with requirements
prior to the actual termination of payments.
The legislative history of the Act indicates that it was Congress'
intent that per diem rates for the Homeless Providers Grant and Per
Diem Program not be more generous than per diem rates under the State
Home Program to avoid creating an incentive for states to participate
in the Homeless Providers Grant and Per Diem Program instead of
expanding and/or continuing participation in the State Home Program.
Further, the Act limits per diem payments to one half the recipients'
cost of providing services supported by such payments. Therefore, to
better reflect the intent of Congress, it is proposed to clarify in the
rule that the maximum per diem rate for supportive housing under the
Homeless Providers Grant and Per Diem Program will be the prevailing
State Home per diem rate for domiciliary care or one-half the cost of
providing this service, whichever is less. Additionally, it is proposed
to revise the rule so it is clear that this ``maximum'' amount is in
fact a fixed rate and VA will not pay less than this rate unless
prevented from doing so by budget constraints.
Non-substantive changes also are proposed for purposes of
organization and clarity.
Paperwork Reduction Act
The collection of information contained in this notice of proposed
rulemaking has been submitted to the Office of Management and Budget
for review in accordance with the Paperwork Reduction Act (44 U.S.C.
3504(h)). Comments on the collection of information should be sent to
the Office of Management and Budget, Attention: Desk Officer for the
Department of Veterans Affairs, Office of Information and Regulatory
Affairs, Washington, DC 20503, with copies to the Director, Office of
Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC 20420.
This collection of information included in 38 CFR 17.710 through
17.714 and Secs. 17.717 through 17.719 concerns an application for
public or nonprofit private entities to establish new programs to
furnish supportive services and supportive housing for homeless
veterans through grants of up to 65 percent of the cost to construct,
expand, remodel or alter existing buildings; to acquire facilities; or
to procure vans to provide transportation for and support outreach to
homeless veterans and to provide per diem payments for those veterans
determined eligible for such payments by the Department of Veterans
Affairs. Provisions concerning per diem are explained above in this
preamble. Provisions concerning grants are already set forth in 38 CFR
and are restated in the regulatory text portion of this document.
The Department considers comments by the public on these proposed
collections of information in--
Evaluating whether the proposed collection(s) of
information are necessary for the proper performance of the functions
of the Department, including whether the information will have
practical utility;
Evaluating the accuracy of the Department's estimate of
the burden of the proposed collections of information, including the
validity of the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and;
Minimizing the burden of the collection 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.
OMB is required to make a decision concerning the proposed
collections of information contained in this document between 30 and 60
days after publication of this document in the Federal Register.
Therefore, 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 to the Department on the
proposed regulations.
Title: Application for VA homeless providers grant and per diem
program.
Summary of collection of information: The Department requires the
applicant for grants and/or per diem to submit information that assists
in the
[[Page 37026]]
determination of funds to be awarded. The requested information
addresses the ability of the organization to effectively administer a
program and requires the organization to demonstrate the quality of the
project, how the homeless veteran will be targeted, the need for the
proposed program, the coordination with other agencies, and the
project's cost effectiveness.
Description of the need for information and proposed use of
information: The Department is required to assess organizations'
projects and fund those that most appropriately meet the needs of
homeless veterans as determined by the rules of the program. This
collection of information will be used to rank various projects and
award those most likely to meet intent of the statute.
Description of likely respondents: public or non-profit private
entities providing supportive services and supportive housing for
homeless veterans.
Estimated total annual reporting burden for grants: 5,000 hours.
Estimated total annual reporting burden for per diem: 2,500 hours.
The estimated annual burden per respondent for grants: 50 hours.
The estimated annual burden per respondent for per diem: 50 hours.
Estimate number of respondents for grants: 100.
Estimate number of respondents for per diem: 50.
Estimate annual frequency of responses for grants: 1
Estimate annual frequency of responses for per diem: 1
Regulatory Flexibility Act
The Secretary hereby certifies that the provisions of the 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 (RFA), 5 U.S.C. 601-602. In all likelihood, only
similar entities that are small entities would participate in the
Homeless Providers Grant and Per Diem Program, therefore, pursuant to 5
U.S.C. 605(b), this proposed rule is exempt from the initial and final
regulatory flexibility analysis requirement of sections 603 and 604.
The Catalog of Federal Domestic Assistance program number is
64.024.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
Government contracts, Grant programs-health, Grant programs-veterans,
Health care, Health facilities, Health professions, Health records,
Homeless, Medical and dental schools, Medical devices, Medical
research, Mental health programs, Nursing homes, Philippines, Reporting
and record-keeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Approved: June 26, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 17 is
proposed to be amended as set forth below:
PART 17--MEDICAL
1. The authority citation for part 17 is revised to read as
follows:
Authority: 38 U.S.C. 501, 1721, unless otherwise noted.
Sec. 17.700 [Amended]
2. In Sec. 17.700, paragraph (a) is amended by removing
``17.715(a)'' and adding, in its place, ``17.716''.
3. Sections 17.710 through 17.719 are revised to read as follows:
Sec. 17.710 Application requirements.
(a) General. Applications for grants must be submitted in the form
prescribed by VA in the application package, must meet the requirements
of this part, and must be submitted within the time period established
by VA in the notice of fund availability under Sec. 17.708 of this
part. The application packet includes exhibits to be prepared and
submitted as part of the application process, including:
(1) Justification for the project by addressing items listed in
Sec. 17.711(c) of this part;
(2) Site description, design, and cost estimates;
(3) Documentation on eligibility to receive assistance under this
part;
(4) Documentation on matching funds committed to the projects;
(5) Documentation on operating budget and cost sharing;
(6) Documentation on supportive services committed to the project;
(7) Documentation on site control and appropriate zoning, and on
the boundaries of the area or community proposed to be served;
(8) Applicants who are States must submit any comments or
recommendations by appropriate State (and area wide) clearinghouses
pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197); and
(9) Reasonable assurances with respect to receipt of assistance
under this part that:
(i) The project will be used principally to furnish to veterans the
level of care for which such application is made; that not more than 25
percent of participants at any one time will be non-veterans; and that
such services will meet standards prescribed by VA;
(ii) Title to such site or van will vest solely in the applicant;
(iii) Each recipient will keep those records and submit those
reports as VA may reasonably require, within the time frames required;
and give VA, upon demand, access to the records upon which such
information is based; and
(iv) Adequate financial support will be available for the purchase
of the van or completion of the project, and for its maintenance,
repair and operation.
(b) Pre-award expenditures. Costs incurred for a project after the
date the Department of Veterans Affairs notifies an applicant that the
project is feasible for VA participation are allowable costs if the
application is approved and the grant is awarded. These pre-award
expenditures include architectural and engineering fees. Such
notification occurs when VA requests information for the second
submission portion of the application.
Sec. 17.711 Rating criteria for applications.
(a) General. Applications will be assigned a rating score and
placed in ranked order, based upon the criteria listed in paragraphs
(b) through (d) of this section.
(b) Threshold review. Applicants will undergo a threshold review
prior to rating and ranking, to ensure they meet the following:
(1) Form, time, and adequacy. Applications must be filed in the
form prescribed by VA in the application process and within the time
established in the NOFA.
(2) Application eligibility. The applicant and project sponsor, if
relevant, must be eligible to apply for the specific program.
(3) Eligible population to be served. The population proposed to be
served must be homeless veterans and meet other eligibility
requirements of the specific program.
(4) Eligible activities. The activities for which assistance is
requested must be eligible for funding under this part (e.g., new
programs or new components of existing programs).
(5) Outstanding audit findings. No organization that receives
assistance may have an outstanding obligation to VA that is in arrears
or for which a payment schedule has not been agreed to, or whose
response to an audit is overdue or unsatisfactory.
(c) Rating and ranking of first submission. Applicants that pass
the threshold review will then be rated using the eight selection
criteria listed
[[Page 37027]]
in paragraph (c)(1) through (c)(8) of this section. Applicants must
receive at least 600 points (out of a possible 1,200) and must receive
points under criteria 1, 2, 3, 4, and 8. Applicants that are applying
as an innovative supportive housing project must achieve points under
the innovative quality of the proposal criterion.
(1) Quality of the project--300 points.
(2) Targeting to persons on streets and in shelters--150 points.
(3) Ability of the applicant to develop and operate a project--200
points.
(4) Need for the type of project proposed in the area to be
served--150 points.
(5) Innovative quality of the proposal--50 points.
(6) Leveraging--50 points.
(7) Cost effectiveness--100 points.
(8) Coordination with other programs--200 points.
(d) Selection criteria--(1) Quality of the project. VA will award
up to 300 points based on the extent to which the application presents
a clear, well-conceived and thorough plan for assisting homeless
veterans achieve residential stability, increased skills and/or income,
and more influence over decisions that affect their lives. Higher
ratings will be assigned to those applications that clearly describe:
(i) How program participants will achieve residential stability,
including how available supportive services will help participants
reach this goal;
(ii) How program participants will increase their skill level and/
or income, including how available supportive services will help
participants reach this goal;
(iii) How program participants will be involved in making project
decisions that affect their lives, including how they will be involved
in selecting supportive services, establishing individuals goals and
developing plans to achieve these goals so that they achieve greater
self determination;
(iv) How permanent affordable housing will be identified and made
available to participants upon leaving the transitional housing, and
how participants will be provided necessary follow-up services to help
them achieve stability in the permanent housing;
(v) How the service needs of participants will be assessed on an
ongoing basis;
(vi) How the proposed housing, if any, will be managed and
operated;
(vii) How participants will be assisted in assimilating into the
community through access to neighborhood facilities, activities and
services;
(viii) How and when the progress of participants toward meeting
their individuals goals will be monitored and evaluated;
(ix) How and when the effectiveness of the overall project in
achieving its goals will be evaluated and how program modifications
will be made based on those evaluations; and
(x) How the proposed project will be implemented in a timely
fashion.
(2) Targeting to persons on streets and in shelters. VA will award
up to 150 points based on:
(i) The extent to which the project will serve homeless veterans
living in places not ordinarily meant for human habitation (e.g.,
streets, parks, abandoned buildings, automobiles, under bridges, in
transportation facilities) and those who reside in emergency shelters;
and
(ii) The likelihood that proposed plans for outreach and selection
of participants will result in these populations being served.
(3) Ability of applicant to develop and operate a project. VA will
award up to 200 points based on the extent to which those who will be
involved in carrying out the project have experience in activities
similar to those proposed in the application. Rating will be assigned
based on the extent to which the application demonstrates experience in
the following areas:
(i) Engaging the participation of homeless veterans living in
places not ordinarily meant for human habitation and in emergency
shelters;
(ii) Assessing the housing and relevant supportive service needs of
homeless veterans;
(iii) Accessing housing and relevant supportive service resources;
(iv) If applicable, contracting for and/or overseeing the
rehabilitation or construction of housing;
(v) If applicable, administering a rental assistance program;
(vi) Providing supportive services for homeless veterans;
(vii) Monitoring and evaluating the progress of persons toward
meeting their individual goals; and
(viii) Evaluating the overall effectiveness of a program and using
evaluation results to make program improvements.
(4) Need. VA will award up to 150 points based on the applicant's
demonstrated understanding of the needs of the specific homeless
veteran population proposed to be served in the specified area or
community. Ratings will be made based on the extent to which applicants
demonstrate:
(i) Substantial unmet needs, particularly among the target
population who are living in places not ordinarily meant for human
habitation (e.g., streets) and in emergency shelters, based on reliable
data from surveys of homeless populations, a Comprehensive Housing
Affordability Strategy (CHAS), or other reports or data gathering
mechanisms that directly support claims made;
(ii) An understanding of the homeless population to be served and
its unmet housing and supportive service needs.
(5) Innovative quality of the proposal. Applicants who have
indicated in their application that they are applying under the
innovative supportive housing component must receive points under this
criteria to be eligible for award. VA will award up to 50 points based
on the innovative quality of the proposal, when compared to other
applications and projects; in terms of:
(i) Helping homeless veterans or homeless veterans with
disabilities to be served to reach residential stability, increase
their skill level and/or income and increase the influence they have
over decisions that affect their lives; and
(ii) A clear link between the innovation(s) and its proposed
effect(s); and
(iii) Its ability to be used as a model for other projects.
(6) Leveraging. VA will award up to 50 points based on the extent
to which resources from other public and private sources, including
cash and the value of third party contributions, have been committed to
support the project at the time of application. Any applicant who
wishes to receive points under this criterion must submit documentation
of leveraged resources which meets the requirements stated in the
application. This is optional; applicants who cannot, or choose not to,
provide firm documentation of resources as part of the application will
forego any points for leveraging.
(7) Cost effectiveness. VA will award up to 100 points for cost
effectiveness. Projects will be rated based on the cost and number of
new supportive housing beds made available or the cost, amount and
types of supportive services made available, when compared to other
transitional housing and supportive services projects, and when
adjusted for high cost areas. Cost effectiveness may include using
excess government properties (local, State, Federal), as well as
demonstrating site control at the time of application.
(8) 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
[[Page 37028]]
shelter, transitional housing, health care, or social service
providers; providers funded through Federal initiatives; local planning
coalitions or provider associations; or other programs relevant to the
local community. Applicants are required to demonstrate that they have
coordinated with the VA medical care facility of jurisdiction and VA
Regional Offices of jurisdiction in their area. Higher points will be
given to those applicants that can demonstrate that:
(i) They are part of an ongoing community-wide planning process
which is designed to share information on available resources and
reduce duplication among programs that serve homeless veterans;
(ii) They have consulted directly with other providers regarding
coordination of services for project participants. VA will award up to
50 points of the 200 points for this criterion based on the extent to
which commitments to provide supportive services are available at the
time of application. Applicants who wish to receive points under this
optional criterion must submit documentation of supportive service
resources.
Sec. 17.712 Selecting applications.
(a) General. The highest-ranked applications will be conditionally
selected in accordance with their ranked order, as determined under
Sec. 17.711 of this part. Each will be requested, as necessary, to
provide additional project information, as described in Sec. 17.713 of
this part, as a prerequisite to a grant from VA.
(b) Ties between applicants. In the event of a tie between
applicants, VA will use the selection criterion in Sec. 17.711(d)(4) of
this part, need for the type of project proposed in the area to be
served, to determine which application should be selected for potential
funding.
(c) Procedural error. If an application would have been selected
but for a procedural error committed by VA, VA will select that
application for potential funding when sufficient funds become
available if there is no material change in the information that
resulted in its selection. A new application will not be required for
this purpose.
Sec. 17.713 Obtaining additional information and awarding grants.
(a) Additional information. Applicants who have been conditionally
selected will be requested by VA to submit additional project
information, as described in the second submission of the application,
which may include:
(1) Documentation to show that the project is feasible.
(2) Documentation showing the sources of funding for the project
and firm financing commitments for the march described in Sec. 17.706.
(3) Documentation showing site control, as described in
Sec. 17.731.
(4) Information necessary for VA to ensure compliance with the
provisions of the National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.), as described in Sec. 17.714.
(5) A site survey performed by a licensed land surveyor. A
description of the site shall be submitted noting the general
characteristics of the site. This should include soil reports and
specifications, easements, main roadway approaches, surrounding land
uses, availability of electricity, water and sewer lines, and
orientation. The description should also include a map locating the
existing and/or new buildings, major roads, and public services in the
geographic area. Additional site plans should show all site work
including property lines, existing and new topography, building
locations, utility data, and proposed grades, roads, parking areas,
walks, landscaping, and site amenities.
(6) Design development (35 percent) drawings.
(i) The applicant shall provide to VA one set of sepias and two
sets of prints, rolled individually per set, to expedite the review
process. The drawing shall indicate the designation of all spaces, size
of the areas and rooms and indicate in outline the fixed and moveable
equipment and furniture. The drawings shall be drawn at \1/8\'' or \1/
4\'' scale. Bedroom and toilet layouts, showing clearances and Uniform
Federal Accessibility Standards requirements, should be shown at \1/
4\'' scale. The total floor and room areas shall be shown in the
drawings. The drawings shall include:
(A) A plan of any proposed demolition work;
(B) A plan of each floor. For renovation, the existing conditions
and extent of new work should be clearly delineated;
(C) Elevations;
(D) Sections and typical details;
(E) Roof plan;
(F) Fire protection plans; and
(G) Technical engineering plans, including structural, mechanical,
plumbing, and electrical drawings.
(ii) If the project involves acquisition, remodeling, or
renovation, the applicant should include the current as-built site
plan, floor plans and building sections which show the present status
of the building and a description of the building's current use and
type of construction.
(7) Design development outline specifications. The applicant shall
provide eight copies of outline specifications which shall include a
general description of the project, site, architectural, structural,
electrical and mechanical systems such as elevators, air conditioning,
heating, plumbing, lighting, power, and interior finishes (floor
coverings, acoustical material, and wall and ceiling finishes).
(8) Design development cost estimates. The applicant shall provide
three copies of cost estimates showing the estimated cost of the
buildings or structures to be acquired or constructed in the project.
Cost estimates should list the cost of construction, contract
contingency, fixed equipment not included in the contract, movable
equipment, architect's fees and construction supervision and
inspection.
(9) A design development conference. After VA reviews design
development documents, a design development conference may be
recommended in order to provide applicants and their architects an
opportunity to learn VA procedures and requirements for the project and
to discuss VA review comments.
(10) Such other documentation as specified by VA in writing to the
applicant, that confirms or clarifies information provided in the
application.
(b) Receipt of additional information. The required additional
information must be received in acceptable form within the time frame
established by VA in a notice of fund availability published in the
Federal Register. VA reserves the right to remove any proposed project
from further consideration for grant assistance if the required
additional project information is not received in acceptable form by
the established deadline.
(c) Grand award. Following receipt of the additional information in
acceptable form (and, where applicable, provided that the environmental
review described in Sec. 17.714 indicates that the proposed project is
environmentally acceptable to VA), to the extent funds are available VA
will approve the application and send a grant agreement for execution
to the applicant.
Sec. 17.714 Environmental review requirements.
(a) Generally. Project selection is subject to completion of an
environmental review of the proposed site, and the project may be
modified or the site rejected as a result of that review. The
environmental effects must
[[Page 37029]]
be assessed in accordance with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) (NEPA) as
implemented pursuant to the Council on Environmental Quality's
applicable regulations (40 CFR parts 1500-1508) and VA's applicable
implementing regulations (38 CFR part 26).
(b) Responsibility for review. (1) VA will perform the
environmental review, in accordance with part 26 of this title, for
conditionally selected applications received directly from private
nonprofit organizations and governmental entities with special or
limited purpose powers. VA is not permitted to approve such
applications prior to its completion of this review. Because of time
constraints, any application subject to environmental review by VA that
requires an Environmental Impact Statement (EIS) (generally, an
application that VA determines would result in a major Federal action
significantly affecting the quality of the human environment in
accordance with the environmental assessment procedures (at 38 CFR part
26) will not be eligible for assistance under this part.
(2) Applicants that are States, metropolitan cities, urban
counties, Indian tribes, or other governmental entities with general
purpose powers shall include environmental documentation for the
project by submitting information establishing a Categorical Exclusion
(CE), a proposed Environmental Assessment (EA), or a proposed
Environmental Impact Statement (EIS). The environmental documentation
will require approval by VA before final award of a construction or
acquisition grant under this part. (See 38 CFR 26.6 for compliance
requirements.) If the proposed actions involving construction or
acquisition do not individually or cumulatively have a significant
effect on the human environment, the applicant shall submit a letter
noting a CE. If construction outside the walls of an existing structure
will involve more than 75,000 gross square feet (GSF), the application
shall include an EA to determine if an EIS is necessary for compliance
with section 102(2)(c) of the National Environmental Policy Act 1969.
When the application submission requires an EA, the State shall briefly
describe the possible beneficial and/or harmful effect which the
project may have on the following impact categories:
(i) Transportation;
(ii) Air quality;
(iii) Noise;
(iv) Solid waste;
(v) Utilities;
(vi) Geology (soils/hydrology/flood plains);
(vii) Water quality;
(viii) Land use;
(ix) Vegetation, wildlife, aquatic, and ecology/wetlands;
(x) Economic activities;
(xi) Cultural resources;
(xii) Aesthetics;
(xiii) Residential population;
(xiv) Community services and facilities;
(xv) Community plans and projects; and
(xvi) Other.
(3) If an adverse environmental impact is anticipated, the action
to be taken to minimize the impact should be explained in the EA. An
entity covered by this section that believes that it does not have the
legal capacity to carry out the responsibilities required by 38 CFR
part 26 should contact the VA Homeless Providers Grant and Per Diem
Program, Mental Health and Behavioral Sciences Service (111C), U.S.
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420, for further instructions. Determinations of legal capacity will
be made on a case-by-case basis.
Sec. 17.715 Aid for supportive services and supportive housing.
(a) Per diem payments. Aid in the form of per diem payments may be
paid to an entity meeting the requirements of the regulations of this
part under the heading ``VA Homeless Providers Grant and Per Diem
Program,'' including the specific criteria of Sec. 17.716, if:
(1) VA referred the homeless veteran to a recipient of a grant
under this part (or entity eligible for such a grant as described in
Sec. 17.716); or
(2) VA authorized the provision of supportive services or
supportive housing for the homeless veteran.
(b) In-kind assistance. In lieu of per diem payments under this
section, VA may, with approval of the grant recipient (or entity
eligible for such a grant as described in Sec. 17.716), provide in-kind
assistance through the services of VA employees and the use of other VA
resources, to a grant recipient (or entity eligible for such a grant as
described in Sec. 17.716).
(c) Selection of per diem applicants. In awarding per diem
assistance, applications from grant recipients and non-grant recipients
will be reviewed and ranked separately. Funds will first be awarded to
grant recipients who request such assistance. If funds are still
available for non-grant recipients, VA will announce funding through a
Notice of Funding Availability (NOFA) process as described in
Sec. 17.708. VA will not award any per diem payments when doing so
would decrease funding to those entities already receiving such
payments. For both grant recipients and non-grant recipients,
eligibility will be determined by the criteria described in
Sec. 17.716, and applications will be ranked according to scores
achieved on the portions of the application described in
Sec. 17.716(b)(4). Applicants must score a minimum of 500 points on
these portions to be eligible for per diem. Those applicants that meet
the eligibility criteria will be conditionally selected for per diem
assistance. Funds will be allocated to the highest ranked conditionally
selected applicants in descending order until funds are expended.
Payments will be contingent upon meeting the requirements of a site
inspection conducted by VA pursuant to Sec. 17.721.
(d) Continued receipt of per diem assistance. (1) Continued receipt
of per diem assistance for both grant recipients and non-grant
recipients will be contingent upon maintaining the program for which
per diem is provided so that it would score at least the required
minimum 500 points as described in Sec. 17.716(b)(4) on the
application. VA will ensure compliance by conducting inspections as
described in Sec. 17.721.
(2) Where the recipient fails to comply with paragraph (d)(1) of
this section, VA will issue a notice of the Department's intent to
discontinue per diem payments. The recipient will then have 30 days to
submit documentation demonstrating why payments should not be
terminated. After review of any such documentation, VA will issue a
final decision on termination of per diem payment.
(3) Continued payment is subject to availability of funds. When
necessary due to funding limitations, VA will, in proportion to the
decrease in funding available, decrease the per diem payment for each
authorized veteran.
(Authority: 38 U.S.C. 501, 7721, note)
Sec. 17.716 Eligibility to receive per diem payments.
An entity must be formally recognized by VA as eligible to receive
per diem payments under this section before per diem payments can be
made for the care of homeless veterans, except that per diem payments
may be made on behalf of a veteran up to three days prior to this
recognition.
(a) A grant recipient will be eligible if it receives the minimum
score as described in paragraph (b)(4) of this section.
(b) A non-grant recipient will be eligible if it is an entity
eligible to
[[Page 37030]]
receive a grant, which for the purposes of this section means:
(1) At least 75 percent of persons who are receiving supportive
services or supportive housing from the entity are veterans who may be
included in computation of the amount of aid payable from the
Department of Veterans Affairs;
(2) The supportive services or supportive housing program for which
per diem payments is requested was established after November 10, 1992;
(3) The entity is a public or nonprofit private entity; and
(4) The entity scores at least 500 cumulative points on the
following sections of the Grant/Per Diem application: Quality (1);
Targeting (2); Ability (3); Description of Need (4); and Coordination
with Other Programs (8). These sections correspond to the selection
criteria of Sec. 17.711(c).
(c) For grant recipients, only those programs that provide
supportive services or supportive housing (or the portions thereof)
created with grant funds will be considered for per diem assistance.
For non-grant recipients, only those portions of the supportive
services or supportive housing described in the application will be
considered for per diem assistance.
(Authority: 38 U.S.C. 501, 7721, note)
Sec. 17.717 Request for recognition of eligibility.
(a) Requests for recognition of eligibility may be addressed to the
VA Homeless Providers Grant and Per Diem Programs; Mental Health and
Behavioral Sciences Service (111C), U.S. Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
(b) For non-grant recipients, the receipt of application for per
diem will constitute the request for recognition of eligibility. Grant
recipients seeking per diem assistance will indicate this request on
the application. Grant recipients are not required to complete a
separate application for per diem assistance. VA will review those
portions of the grant application that pertain to per diem. Those
entities already receiving a grant must submit a request for
recognition to initiate the scoring of their application for per diem
payments.
(Authority: 38 U.S.C. 501, 7721, note)
Sec. 17.718 Approval of annexes and new facilities.
Separate applications for recognition must be filed for any annex,
branch, enlargement, expansion, or relocation of the site of service
provision of an eligible entity's facility which is not on the same or
contiguous grounds on which the parent facility is located. When an
eligible entity establishes sites which have not been inspected and
approved by VA, a request for separate approval of such sites must be
made. The prohibitions in Sec. 17.720 are also applicable to
applications for aid on behalf of any veterans cared for in a new
annex, branch or enlarged, expanded or relocated facility.
Sec. 17.719 Amount of aid payable.
The per diem amount payable for supportive housing is the current
VA State Home Program per diem rate for domiciliary care as set forth
in 38 U.S.C. 1741. The per diem amount payable for supportive services,
not provided in conjunction with supportive housing, is $1.10 for each
half-hour during which supportive services are provided up to $17.60
per day. These rates will be paid provided, however, the per diem
amount for supportive housing or supportive services (not provided in
conjunction with supportive housing) do not exceed one-half of the cost
to the per diem recipient of providing the services. Also, provided
further, per diem payment for supportive housing and supportive
services may be lessened because of budget restrictions as described in
Sec. 17.715(d)(3). Per diem payments may not be paid for a veteran for
both supportive housing and supportive services (not in conjunction
with supportive housing).
(Authority: 38 U.S.C. 501, 7721, note)
Sec. 17.720 [Amended]
4. In Sec. 17.720, paragraphs (a) introductory text, (a)(1), and
(a)(2) are amended by removing ``17.715(a)'' and adding, in their
place, ``17.716''.
[FR Doc. 96-17836 Filed 7-15-96; 8:45 am]
BILLING CODE 8320-01-P
