[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Rules and Regulations]
[Pages 6121-6126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3283]
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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: Final rule.
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SUMMARY: This document amends 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. This rule is
designed to ensure that the appropriate entities receive the
appropriate amount of per diem assistance under fair and objective
procedures.
EFFECTIVE DATES: March 13, 1997.
FOR FURTHER INFORMATION CONTACT: Roger Casey, VA Homeless Providers
Grant and Per Diem Program, Mental Health Strategic Health Group
(116E), Department of Veterans Affairs, 810 Vermont Avenue, NW,
Washington, DC 20420; (202) 273-8442. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In the Federal Register of July 16, 1996 (61
FR 37024), VA published a proposal to amend the regulations
implementing the VA Homeless Providers Grant and Per Diem Program.
Interested persons were invited to submit written comments on or before
September 16, 1996. No comments were received. The information
presented in the proposed rule document still provides a basis for this
final rule. Therefore, based on the rationale set forth in the proposed
rule document, we are adopting the provisions of the proposed rule as a
final rule with changes discussed below and with nonsubstantive
changes.
Paperwork Reduction Act
Information collection and recordkeeping requirements associated
with this final rule concerning VA Homeless Providers Grants (38 CFR
17.710-17.714) have been approved by OMB under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501-3520) and have been assigned
OMB Control Number 2900-0554. The regulations require that the
application for VA Homeless Providers Grants be submitted on VA forms
included in the application package. The corresponding form numbers are
included in the text of the rule.
Information collection and recordkeeping requirements associated
with this final rule concerning the VA Homeless Providers Per Diem have
not been approved by OMB under the provisions of the Paperwork
Reduction Act. OMB has withheld approval pending review of any comments
received. VA intends to obtain OMB control numbers for the information
collection requirements concerning VA Homeless Providers Per Diem. Once
OMB approval is received, OMB control numbers will be announced by a
separate Federal Register document.
VA is not authorized to impose a penalty on persons for failure to
comply with information collection requirements which do not display a
current OMB control number, if required.
Regulatory Flexibility Act
The Secretary hereby certifies that the provisions of the final
rule will 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 will participate in the
Homeless Providers Grant and Per Diem Program, therefore, pursuant to 5
U.S.C. 605(b), this final 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: January 31, 1997.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 17 is
amended as set forth below:
PART 17--MEDICAL
1. The authority citation for part 17 continues 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
[[Page 6122]]
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 (VA Forms 10-
0362G, 10-0362H);
(3) Documentation on eligibility to receive assistance under this
part (VA Form 10-0362J);
(4) Documentation on matching funds committed to the projects (VA
Forms 10-0362N, 10-0362M);
(5) Documentation on operating budget and cost sharing (VA Form 10-
0362P);
(6) Documentation on supportive services committed to the project
(VA Form 10-0362o);
(7) Documentation on site control and appropriate zoning, and on
the boundaries of the area or community proposed to be served (VA Form
10-0362Q);
(8) Applicants who are States must submit any comments or
recommendations by appropriate State (and areawide) clearinghouses
pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197) (Standard Form SF
424); and
(9) Reasonable assurances with respect to receipt of assistance
under this part that (VA Form 10-0362K):
(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 nonveterans; 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 VA 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.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0554.)
(Authority: 38 U.S.C. 501, 7721, note)
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) Forms, time, and adequacy. Applications must be filed in the
form prescribed by VA in the application process and within the time
established in the Notice of Funding Availability (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 in paragraphs (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 (VA Forms 10-0362A, 10-
0362D);.
(2) Targeting to persons on streets and in shelters--150 points (VA
Form 10-0362C);
(3) Ability of the applicants to develop and operate a project--200
points (VA Form 10-0362E);
(4) Need for the type of project proposed in the area to be
served--150 points (VA Form 10-0362B);
(5) Innovative quality of the proposal--50 points (VA Forms 10-
0362A, 10-0362D);
(6) Leveraging--50 points (VA Form 10-0362F);
(7) Cost-effectiveness--100 points (VA Form 10-0362A); and
(8) Coordination with other programs--200 points (VA Form 10-0362D-
1).
(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 to 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 individual 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
[[Page 6123]]
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. Ratings 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 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. Note: 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 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 who 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.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0554.)
(Authority: 38 U.S.C. 501, 7721, note)
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 selecting 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.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0554.)
(Authority: 38 U.S.C. 501, 7721, note)
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 matching requirements described
in Sec. 17.706 of this part.
(3) Documentation showing site control, as described in Sec. 17.731
of this part.
(4) Information necessary for VA to ensure compliance with the
provisions
[[Page 6124]]
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et
seq.), as described in Sec. 17.714 of this part.
(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) Grant award. Following receipt of the additional information in
acceptable form (and, where applicable, provided that the environmental
review described in Sec. 17.714 of this part 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.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0554.)
(Authority: 38 U.S.C. 501, 7721, note)
Sec. 17.714 Environmental review requirements.
(a) General. 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 be assessed in accordance with the
requirements of the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321, et seq.) 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 applications 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 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;
[[Page 6125]]
(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.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0554.)
(Authority: 38 U.S.C. 501, 7721, note)
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 of this part,
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 of this part); 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 of this part),
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 of this part).
(c) Selection of per diem applicants. In awarding per diem
assistance, applications from grant recipients and nongrant 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 nongrant recipients, VA will announce funding through a
Notice of Funding Availability (NOFA) process as described in
Sec. 17.708 of this part. VA will not award 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
of this part, and applications will be ranked according to scores
achieved on the portions of the application described in
Sec. 17.716(b)(4) of this part. Applicants must score a minimum of 500
points on these portions to be eligible for per diem. Those
applications 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 of this part.
(d) Continued receipt of per diem assistance. (1) Continued receipt
of per diem assistance for both grant recipients and nongrant
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) of this part on
the application. VA will ensure compliance by conducting inspections as
described in Sec. 17.721 of this part.
(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 nongrant recipient will be eligible if it is an entity
eligible to 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 VA;
(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 score 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) of this part.
(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 nongrant 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
Strategic Healthcare Group (116E), U.S. Department of Veterans Affairs,
810 Vermont Avenue NW, Washington, DC 20420.
(b) For nongrant 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
[[Page 6126]]
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 of this part 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.
(Authority: 38 U.S.C. 501, 7721, note)
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) does not exceed one-half of the
cost to the per diem recipient of providing the services. Also,
provided further, per diem payment of supportive housing and supportive
services may be lessened because of budget restriction as described in
Sec. 17.715(d)(3) of this part. 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. 97-3283 Filed 2-10-97; 8:45 am]
BILLING CODE 8320-01-P