[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49198-49200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17624]
[[Page 49198]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 62
RIN 2900-AP61
Supportive Services for Veteran Families Program
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations that govern the Supportive Services for Veteran Families
(SSVF) Program. This rulemaking would clarify VA's procedures for
continuing to fund SSVF Program services in communities that have lost
grants due to the non-renewal or termination of services of an existing
award to a grantee by awarding non-renewed or deobligated funds to
other existing SSVF grantees in or near the affected community. This
award of non-renewed or deobligated funds would prevent potential
access issues associated with grant termination. This rulemaking would
also reduce the number of satisfaction surveys grantees are required to
provide to participants in order to reduce the burden on grantees and
participants.
DATES: Comments must be received on or before September 26, 2016.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Comments should indicate that they are submitted in response
to ``RIN 2900-AP61--Supportive Services for Veteran Families Program.''
Copies of comments received will be available for public inspection in
the Office of Regulation Policy and Management, Room 1068, between the
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except
holidays). Please call (202) 461-4902 for an appointment. (This is not
a toll-free number.) In addition, during the comment period, comments
may be viewed online through the Federal Docket Management System at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: John Kuhn, National Center for
Homelessness Among Veterans, Supportive Services for Veteran Families
Program Office, 4100 Chester Avenue, Suite 200, Philadelphia, PA 19104,
(877) 737-0111. (This is a toll-free number).
SUPPLEMENTARY INFORMATION: Title 38, section 2044, United States Code
(U.S.C.), requires the Secretary to provide financial assistance to
eligible entities to provide and coordinate the provision of supportive
services for very low-income veteran families occupying permanent
housing. The Secretary's implementing regulations are in 38 CFR part
62, which established the SSVF Program. Through the SSVF Program, VA
awards supportive services grants to private non-profit organizations
or consumer cooperatives to provide or coordinate the provision of
supportive services to very low-income veteran families who are
residing in permanent housing and at risk of becoming homeless; lacking
a fixed, regular, and adequate nighttime residence, at risk of
remaining so but for grantee assistance, and scheduled to become
residents of permanent housing within 90 days pending the location or
development of housing suitable for permanent housing; or, after
exiting permanent housing, are seeking other housing that is responsive
to their needs and preferences. This proposed rulemaking would clarify
existing VA policy regarding award of non-renewed or deobligated funds
to other existing SSVF grantees in or near the affected community where
the funds were originally used in order to maintain continuity in the
services offered to these communities.
62.25 Selecting Grantees for Renewal or Non-Renewal of Supportive
Services Grants
Current Sec. 62.25 provides the process to select grantees
applying for renewal of supportive services grants. Paragraph (a) of
Sec. 62.25 of 38 CFR states that VA will score the grantee using the
scoring criteria set forth in Sec. 62.24 as long as the grantee
continues to meet the threshold requirements in Sec. 62.21. Paragraph
(b) provides that VA will rank in order from highest to lowest the
grantees who receive at least the minimum amount of total points and
points per category in the Notice of Funding Availability (NOFA).
Lastly, paragraph (c) states that VA will use the grantee's ranking as
the basis for selection for funding and fund the highest-ranked
grantees for which funding is available. Although Sec. 62.25 does not
expressly address the award of any non-renewed funds, it is VA's policy
under this authority to offer to award non-renewed funds to other
qualifying existing grantees within the same community applying the
same criteria in this section when re-awarding non-renewed funds.
Otherwise, the community that was served by the grantee may suffer an
interruption in services to those who are homeless or at-risk of
becoming homeless. We propose to amend Sec. 62.25 to expressly codify
this current practice in the regulation. We propose to add a new
paragraph (d) to state the process by which VA would, in its
discretion, offer to award any non-renewed funds to other qualifying
existing grantees. This process would be similar to the award of
deobligated funds under the proposed revisions to Sec. 62.80(d)(2).
62.36 General Operation Requirements
Section 62.36 establishes the operation requirements for grantees
that provide supportive services. Paragraph (c) establishes the
notifications a grantee must provide to participants before the grantee
provides supportive services, which include that the services are paid
for in whole or part by VA, the types of services available to the
participant, and any restrictions or conditions on the receipt of the
services. Paragraph (c) also states that a grantee must provide each
participant with a satisfaction survey. This satisfaction survey helps
VA evaluate the provision of supportive services by a grantee to a
participant. The results of the satisfaction survey also assist VA in
determining if future SSVF Program funds should be awarded to a
grantee.
Under current paragraph (c)(2), a satisfaction survey must be
provided to the participant within 45 to 60 days of the participant's
entry into the grantee's program, and also within 30 days prior to the
participant's pending exit from the program. However, requesting two
satisfaction surveys has resulted in poor response rates by
participants and has created an unnecessary burden on the grantees and
the participants. Therefore, we propose to reduce the number of
satisfaction surveys by eliminating the survey that must be provided to
the participant within 45 to 60 days of the participant's entry to the
program. By reducing the number of satisfaction surveys, VA expects to
reduce the burden to the grantees and the participants and, in turn,
improve the response rate. We propose to amend paragraph (c)(2) to
state that a ``grantee must provide each participant with a
satisfaction survey, which the participant can submit directly to VA,
within 30 days of such participant's pending exit from the grantee's
program.''
62.80 Withholding, Suspension, Deobligation, Termination, and Recovery
of Funds by VA
Current paragraph (a) of Sec. 62.80 states that VA will recover
from grantees any SSVF funds that are not used in accordance with the
SSVF Program requirements. In addition, paragraph (b)
[[Page 49199]]
of Sec. 62.80 provides that if a grantee fails to comply with these
requirements, VA may withhold further payment, suspend the supportive
services grant, or prohibit the grantee from incurring additional
obligations of supportive services grant funds, pending corrective
action by the grantee or a decision to terminate the grant. Paragraph
(c) of Sec. 62.80 provides the circumstances under which VA may
terminate a grant in whole or in part, including: When a grantee
materially fails to comply with the terms and conditions of a grant
award, the grantee consents to termination, or the grantee notifies VA
of its intent to terminate the grant. Paragraph (d) of Sec. 62.80
establishes the circumstances under which VA may deobligate amounts
approved for use by a grantee. The SSVF Program has a robust monitoring
and compliance program to ensure that community agencies awarded VA
grant funds perform in accordance with their grant agreements. As part
of these oversight responsibilities, SSVF Program funds may be
deobligated for several reasons, including: The activity for which
funding was approved is not provided, the approved amounts have not
been expended within one year from the date the agreement was signed,
or other circumstances as set forth in the agreement, for example, if
the grantee goes bankrupt. Under Sec. 62.80(d)(2), VA has
discretionary authority to re-advertise in a Notice of Funding
Availability (NOFA) the availability of funds that have been
deobligated, or to award deobligated funds to applicants who previously
submitted applications in response to the most recently published SSVF
Program NOFA. Under this authority, it is VA's current policy that VA
could award deobligated funds to existing SSVF grantees in or near the
impacted community of those grantees so long as those grantees applied
to the most recently published NOFA applicable to the geographic area
at issue, or in the case of multi-year awards, the most recently
published NOFA to which the grantee applied applicable to the
geographic area at issue. This policy is designed to prevent potential
access issues associated with grant termination. Otherwise, in the case
of deobligated funds, it is possible that no SSVF Program services
would be available in the affected communities for months before VA is
able to publish a NOFA in the Federal Register to make available the
funds to qualified grantees. This rulemaking would clarify this policy
in the regulation.
We would amend Sec. 62.80(d) by revising paragraph (d)(2). The
proposed revision to Sec. 62.80(d)(2) would state that VA may award
deobligated or non-renewed funds to a qualified existing SSVF grantee
serving the community where the deobligation or non-renewal occurred. A
grantee who is currently serving the affected community would be better
able to address the needs of the community because the grantee is
already working within that community. VA understands that there may be
more than one grantee in a community that is qualified to receive the
deobligated funds. We would, therefore, first offer to award the
deobligated or non-renewed funds to the grantee with the highest grant
score (based on existing grantees most recent scores) that has the
capacity to provide immediate services to the affected community. The
requirement that the grantee be able to immediately offer services
would be made in order to make certain that the grantee who is offered
the funds is quickly able to address the needs of the impacted
community and reduce added delays in providing services. However, such
grantee may not want to take on the added funds or responsibilities. In
such case, VA would offer the funds to the next qualified grantee in
rank order until all funds are awarded. There may be instances where
there are no other grantees serving the community where the
deobligation occurred. In such circumstances, VA would offer to award
the deobligated funds to qualified grantees in rank order who serve the
adjacent community, subject to the grantee's agreement to use the funds
to serve the community where the deobligation occurred. We would add
the requirement that the funds must be used in the community where the
funds were deobligated because the deobligated funds are offered as a
means of providing continuous services to the affected community, not
to add more funds to a community that is already funded otherwise.
Effect of Rulemaking
The Code of Federal Regulations, as proposed to be revised by this
proposed rulemaking, would represent the exclusive legal authority on
this subject. No contrary rules or procedures would be authorized. All
VA guidance would be read to conform with this proposed rulemaking if
possible or, if not possible, such guidance would be superseded by this
rulemaking.
Paperwork Reduction Act
Although this action contains provisions constituting collections
of information at 38 CFR 62.36, under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521), no new or proposed revised collections of
information are associated with this proposed rule. The information
collection requirements for Sec. 62.36 are currently approved by the
Office of Management and Budget (OMB) and have been assigned OMB
control number 2900-0757.
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). This proposed rule would only impact those entities
that choose to participate in the SSVF Program. Small entity applicants
will not be affected to a greater extent than large entity applicants.
Small entities must elect to participate, and it is considered a
benefit to those who choose to apply. To the extent this proposed rule
would have any impact on small entities, it would not have an impact on
a substantial number of small entities. Therefore, under 5 U.S.C.
605(b), this rulemaking would be exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Executive Order 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.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' requiring review by OMB, unless OMB
waives such review, as ``any regulatory action that is likely to result
in a rule that may: (1) Have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel
[[Page 49200]]
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Order 12866. VA's impact analysis can be found as a
supporting document at http://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at http://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
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.
Catalog of Federal Domestic Assistance The Catalog of Federal
Domestic Assistance numbers and titles for the programs affected by
this document are 64.009, Veterans Medical Care Benefits, and 64.033,
VA Supportive Services for Veteran Families Program.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document 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. Gina S.
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on July 19, 2016, for publication.
List of Subjects in 38 CFR Part 62
Administrative practice and procedure, Day care, Disability
benefits, Government contracts, Grant programs--health, Grant
programs--housing and community development, Grant programs--veterans,
Heath care, Homeless, Housing, Indians--lands, Individuals with
disabilities, Low and moderate income housing, Manpower training
programs, Medicaid, Medicare, Public assistance programs, Public
housing, Relocation assistance, Rent subsidies, Reporting and
recordkeeping requirements, Rural areas, Social security, Supplemental
Security Income (SSI), Travel and transportation expenses, Unemployment
compensation.
Dated: July 20, 2016.
Janet J. Coleman,
Chief, Office of Regulation Policy & Management, Office of the
Secretary, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 62 as follows:
PART 62--SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM
0
1. The authority citation for part 62 continues to read as follows:
Authority: 38 U.S.C. 501, 2044, and as noted in specific
sections.
0
2. Amend Sec. 62.25 by adding paragraph (d) to read as follows:
Sec. 62.25 Selecting grantees for renewal of supportive services
grants.
* * * * *
(d) At its discretion, VA may award any non-renewed funds to an
applicant or existing grantee. If VA chooses to award non-renewed funds
to an applicant or existing grantee, funds will be awarded as follows:
(1) VA will first offer to award the non-renewed funds to the
applicant or grantee with the highest grant score under the relevant
Notice of Fund Availability that applies for, or is awarded a renewal
grant in, the same community as, or a proximate community to, the
affected community. Such applicant or grantee must have the capacity
and agree to provide immediate services to the affected community.
Under this section 62.25, the relevant Notice of Fund Availability is
the most recently published Notice of Fund Availability which covers
the geographic area that includes the affected community, or for multi-
year grant awards, the Notice of Fund Availability for which the
grantee received the multi-year award.
(2) If the first such applicant or grantee offered the non-renewed
funds refuses the funds, VA will offer to award the funds to the next
highest-ranked such applicant or grantee, per the criteria in paragraph
(d)(1) of this section, and continue on in rank order until the non-
renewed funds are awarded.
* * * * *
0
3. Amend Sec. 62.36 by revising paragraph (c)(2) to read as follows:
Sec. 62.36 General operation requirements.
* * * * *
(c) * * *
(2) The grantee must provide each participant with a satisfaction
survey, which the participant can submit directly to VA, within 30 days
of such participant's pending exit from the grantee's program.
* * * * *
0
4. Amend Sec. 62.80 by revising paragraph (d)(2) to read as follows:
Sec. 62.80 Withholding, suspension, deobligation, termination, and
recovery of funds by VA.
* * * * *
(d) * * *
(2) At its discretion, VA may re-advertise in a Notice of Fund
Availability the availability of funds that have been deobligated under
this section or award deobligated funds to an applicant or existing
grantee. If VA chooses to award deobligated funds to an applicant or
existing grantee, funds will be awarded as follows:
(i) VA will first offer to award the deobligated funds to the
applicant or grantee with the highest grant score under the relevant
Notice of Fund Availability that applied for or was awarded funds in
the same community as, or proximate community to, the affected
community. Such applicant or grantee must have the capacity and agree
to provide immediate services to the affected community. Under this
section 62.80 the relevant Notice of Fund Availability is the most
recently published Notice of Fund Availability which covers the
geographic area that includes the affected community, or for multi-year
grant awards, the most recently published Notice of Fund Availability
which covers the geographic area that includes the affected community
for which the grantee received the multi-year award.
(ii) If the first such applicant or grantee offered the deobligated
funds refuses the funds, VA will offer to award funds to the next
highest-ranked such applicant or grantee, per to the criteria in
paragraph (d)(2)(i) of this section, and continue on in rank order
until all deobligated funds are awarded.
* * * * *
[FR Doc. 2016-17624 Filed 7-26-16; 8:45 am]
BILLING CODE 8320-01-P