38 C.F.R. Part ..., Subpart A — General Provisions | Code of Federal Regulations — United States

38 C.F.R. § 61.0 Purpose.

This part implements the VA Homeless Providers Grant and Per Diem Program which consists of the following components: capital grants, per diem, special need capital and non-capital grants, and technical assistance grants.

38 C.F.R. § 61.1 Definitions.

For purposes of this part: Area or community means 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. Capital grant means a grant for construction, renovation, or acquisition of a facility, or a grant for acquisition of a van. Capital lease is defined by § 61.4. Chronically mentally ill means a condition of schizophrenia or major affective disorder (including bipolar disorder) or post-traumatic stress disorder (PTSD), based on a diagnosis from a licensed mental health professional, with at least one documented hospitalization for this condition sometime in the last 2 years or with documentation of a formal assessment on a standardized scale of any serious symptomatology or serious impairment in the areas of work, family relations, thinking, or mood. Default means a determination by VA that an awardee has materially failed to comply with the terms and conditions of an award. Fixed site means a physical structure that under normal conditions is not capable of readily being moved from one location to another location. Frail elderly means 65 years of age or older with one or more chronic health problems and limitations in performing one or more activities of daily living (such as bathing, toileting, transferring from bed to chair, etc.). Homeless has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)). New construction means building a structure where none existed, or building an addition to an existing structure that increases the floor area by more than 100 percent. Nonprofit organization means a private organization, no part of the net earnings of which may inure to the benefit of any member, founder, contributor, or individual. The organization must be recognized as a section 501(c)(3) or 501(c)(19) nonprofit organization by the United States Internal Revenue Service, and meet all of the following criteria: (1) Have a voluntary board; (2) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity to maintain such a functioning accounting system; and (3) Practice nondiscrimination in the provision of supportive housing and supportive services assistance. Notice of Fund Availability (NOFA) means a notice published in the Federal Register in accordance with § 61.60. Operating costs means expenses incurred in operating supportive housing, supportive services or service centers with respect to: (1) Administration (including staff salaries; costs associated with accounting for the use of grant funds, preparing reports for submission to VA, obtaining program audits, and securing accreditation; and similar costs related to administering the grant after the award), maintenance, repair and security for the supportive housing; (2) Van costs or building rent (except under capital leases), e.g., fuel, insurance, utilities, furnishings, and equipment; (3) Conducting on-going assessments of supportive services provided for and needed by participants and the availability of such services; and (4) Other costs associated with operating the supportive housing. Operational means a program for which all VA inspection requirements under this part have been met and an activation document has been issued by the VA National GPD Program. Outpatient health services means outpatient health care, outpatient mental health services, outpatient alcohol and/or substance abuse services, and case management. Participant means a person receiving services based on a grant or per diem provided under this part. Participant agreement means any written or implied agreement between a grant recipient agency and a program participant that outlines the requirements for program compliance, participant or service delivery. Project means all activities that define the parameters of the purpose of the grant. Public entity means any of the following: (1) A county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government; or (2) The governing body or a governmental agency of any Indian tribe, band, nation, or other organized group or community (including any Native village as defined in section 3 of the Alaska Native Claims Settlement Act, 85 Stat 688) certified by the Secretary of the Interior as eligible for the special programs and services provided by the Bureau of Indian Affairs. Recipient means the entity whose employer or taxpayer identification number is on the Application for Federal Assistance (SF 424) and is consequently responsible to comply with all terms and conditions of the award. For the purpose of this part the terms “grantee,” “recipient,” and “awardee” are synonymous and interchangeable. Rehabilitation means the improvement or repair of an existing structure. Rehabilitation does not include minor or routine repairs. State means any of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a state exclusive of local governments. The term does not include any public and Indian housing agency under United States Housing Act of 1937. Supportive housing means housing with supportive services provided for homeless veterans that: (1) Is not shelter care, other emergent housing, or housing designed to be permanent or long term (more than 24 months), with no requirement to move; and (2) Is designed to either: (i) Facilitate the movement of homeless veterans to permanent housing as soon as possible but no later than 24 months, subject to § 61.80; or (ii) Provide specific medical treatment such as detoxification, respite, or hospice treatments that are used as step-up or step-down programs within that specific project's continuum. Supportive services has the meaning assigned to it under § 61.2. Terminally ill means a prognosis of 9 months or less to live, based on a written medical diagnosis from a physician. Total project cost means 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 means the Department of Veterans Affairs. VA National GPD Program refers to the VA Homeless Providers Grant and Per Diem Program. Veteran means a person who served in the active military, naval, or air service, regardless of length of service, and who was discharged or released therefrom. Veteran excludes a person who received a dishonorable discharge from the Armed Forces or was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial. The length of service restrictions under 38 U.S.C. 5303A do not apply.

38 C.F.R. § 61.2 Supportive services—general.

(a) Recipients must design supportive services. Such services must provide appropriate assistance, or aid participants in obtaining appropriate assistance, to address the needs of homeless veterans. The following are examples of supportive services: (1) Outreach activities; (2) Providing food, nutritional advice, counseling, health care, mental health treatment, alcohol and other substance abuse services, case management services; (3) Establishing and operating child care services for dependents of homeless veterans; (4) Providing supervision and security arrangements necessary for the protection of residents of supportive housing and for homeless veterans using supportive housing or services; (5) Assistance in obtaining permanent housing; (6) Education, employment counseling and assistance, and job training; (7) Assistance in obtaining other Federal, State and local assistance available for such residents including mental health benefits, employment counseling and assistance, veterans' benefits, medical assistance, and income support assistance; and (8) Providing housing assistance, legal assistance, advocacy, transportation, and other services essential for achieving and maintaining independent living. (b) Supportive services do not include inpatient acute hospital care.

38 C.F.R. § 61.3 Notice of Fund Availability.

When funds are made available for a grant or per diem award under this part, VA will publish a Notice of Fund Availability in the Federal Register. The notice will: (a) Give the location for obtaining application packages; (b) Specify the date, time, and place for submitting completed applications; (c) State the estimated amount and type of funding available; and (d) State any priorities for or exclusions from funding to meet the statutory mandate of 38 U.S.C. 2011, to ensure that awards do not result in the duplication of ongoing services and to reflect the maximum extent practicable appropriate geographic dispersion and an appropriate balance between urban and nonurban locations. (e) Provide other information necessary for the application process, such as the grant period, where applicable.

38 C.F.R. § 61.4 Definition of capital lease.

A capital lease, for purposes of this part, means a conditional sales contract that either: (a) Will be in effect for all of the period of recovery listed in § 61.67(b); or (b) That satisfies one of the following criteria: (1) The lease transfers ownership to the lessee at the expiration of the lease term. (2) The lease contains a bargain purchase option. (3) The present value of lease payments that are applied to the purchase are equal to or greater than 90 percent of the fair market value of the asset.

38 C.F.R. § 61.5 Implementation of VA Limits on Payments due to Funding Restrictions.

(a) Continuing payments. Once a grant agreement is awarded by VA, payments will continue for the time frame specified in the federal award, subject to the availability of funds, as long as the recipient continues to provide the supportive services and housing described in its grant application, meets VA's Homeless Providers Grant and Per Diem (GPD) Program performance goals, and meets the applicable requirements of this part. (b) Factors. (1) In cases of limited availability of funding during the time frame specified in the federal award, VA may terminate the payment of per diem payments to recipients after weighing the following factors: (i) Non-duplication of ongoing services and equitable distribution of grant agreements across geographic regions, including rural communities and tribal lands; (ii) Receipt by recipient of any capital investment from VA or any other source; and (iii) Recipient's demonstrated compliance with GPD performance goals. (2) Notwithstanding paragraph (b)(1) of this section, when an awarded grant agreement is terminated during the time frame specified in the federal award due to no fault by the recipient, VA shall refrain from applying the recapture provisions of 38 CFR 61.67.