Custom Federal Regulations Service™

**This is supplemental material**

**for Book I of your set of**

**Federal Regulations**

Title 38, Parts 17, 46, 47, 51, and 58--61

*Medical*

**Veterans Benefits Administration**

Supplement No. 20

Covering period of *Federal Register* issues

through October 20, 2003

Copyright © 2003 Jonathan Publishing

**Need Assistance?**

Printing for all supplements is performed by the United States
Government

Printing Office. Distribution is the responsibility of the

VA Forms and Publications Depot. Accordingly:

Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
list]{.smallcaps}** issues for this loose-leaf service should be
directed to:

Department of Veterans Affairs

Veterans Benefits Administration

Directives, Forms and Records Staff

Mail Code: 20S5

810 Vermont Avenue, N.W.

Washington DC 20420

Telephone: 202/273-7080

Fax: 202/275-5947

Questions concerning the **[filing instructions]{.smallcaps}** for this
loose-leaf service,

or the reporting of **[substantive errors]{.smallcaps}** in the text,

may be directed to:

Jonathan Publishing

855 Yorks Crossing

Driftwood TX 78619

Telephone: 512/858-1225

Fax: 512/858-1230

E-mail: garyknight@ev1.net

**Internet: http://www.jonpub.com**

Copyright © 2003 Jonathan Publishing

> **GENERAL INSTRUCTIONS**

Custom Federal Regulations Service™

**Supplemental Materials for *Book I***

**Code of Federal Regulations**

**Title 38, Parts 17, 46, 47, 51, and 58--61**

***Medical***

**Veterans Benefits Administration**

**Supplement No. 20**

25 October 2003

Covering the period of Federal Register issues

through October 20, 2003

When **Book I** was originally prepared, it was current through final
regulations published in the *Federal Register* of 15 January 2000.
These supple­mental materials are designed to keep your regulations up to
date. You should file the attached pages immediately, and record the
fact that you did so on the *Supplement Filing Record* which is at page
I-8 of Book I, *Medical*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> I-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page I-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page I-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book I, Supplement No. 20**

**October 25, 2003**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

#  **A-1 to A-2 A-1 to A-2 New contact information**

61.11-1 to 61.11-2 61.11-1 to 61.11-2 §61.11

61.14-1 to 61.31-1 61.14-1 to 61.31-1 §§61.15, 61.17, 61.20,

and 61.31

61.41-1 to 61.42-1 61.41-1 to 61.42-1 §61.41

61.50-1 to 61.51-1 61.50-1 to 61.51-1 §61.51

61.54-1 to 61.55-1 61.54-1 to 61.55-1 §61.55

61.80-2 to 61.81-1 61.80-2 to 61.81-1 §61.80

**Be sure to complete the**

***Supplement Filing Record* (page I-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book I, Supplement No. 20**

**October 25, 2003**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §17.100, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---37(1)." This means that
paragraph 1 of the *Highlights* section in Supplement No. 37 contains
information about the changes made in §17.100. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: Beginning 1 January 2000, supplements for
this Book I will be issued *every month* during which a final rule
addition or modification is made to the parts of Title 38 covered by
this book. Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 26 September 2003, the VA published a final rule, effective 27
October 2003, to affirm without change -- except for adding OMB
information collection citations in part 61 -- the provisions of an
interim final rule originally published on 19 March 2003 that revised
the regulations concerning the VA Homeless Providers Grant and Per Diem
Program. Changes:

Added OMB information collection citations following §§61.11, 61.15,
61.17, 61.20, 61.31, 61.41, 61.51, 61.55, and 61.80.

**Veterans Benefits Administration**

**Department of Veterans Affairs**

Custom Federal Regulations Service™

**Book I---Medical**

Code of Federal Regulations

Title 38, Parts 17, 46, 47, 51, and 58--61

Jonathan Publishing

Copyright © 2003 Jonathan Publishing

**Need Assistance?**

Printing for all supplements is performed by the United States
Government

Printing Office. Distribution is the responsibility of the

VA Forms and Publications Depot. Accordingly:

Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
list]{.smallcaps}** issues for this loose-leaf service should be
directed to:

Department of Veterans Affairs

Veterans Benefits Administration

Directives, Forms and Records Staff

Mail Code: 20S5

810 Vermont Avenue, N.W.

Washington DC 20420

Telephone: 202/273-7080

Fax: 202/275-5947

Questions concerning the **[filing instructions]{.smallcaps}** for this
loose-leaf service,

or the reporting of **[substantive errors]{.smallcaps}** in the text,

may be directed to:

Jonathan Publishing

855 Yorks Crossing

Driftwood TX 78619

Telephone: 512/858-1225

Fax: 512/858-1230

**Internet: http://www.jonpub.com**

Copyright © 2003 Jonathan Publishing

**§61.11 Applications for capital grants.**

\(a\) To apply for a capital grant, an applicant must obtain from VA a
capital grant application package and submit to VA the information
called for in the application package within the time period established
in the Notice of Fund Availability under §61.60 of this part.

\(b\) The capital grant application package includes exhibits to be
prepared and submitted as part of the application process, including:

\(1\) Justification for the capital grant;

\(2\) Site description, site design, and site cost estimates;

\(3\) Documentation on eligibility to receive a capital grant under this
part;

\(4\) Documentation on matching funds committed to the project;

\(5\) 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;

\(8\) If capital grant funds are proposed to be used for acquisition or
rehabilitation, documentation demonstrating that the costs associated
with acquisition or rehabilitation are less than the costs associated
with new construction;

\(9\) If grant funds are proposed to be used for new construction,
documentation demonstrating that the costs associated with new
construction are less than the costs associated with rehabilitation of
an existing building, that there is a lack of available appropriate
units that could be rehabilitated at a cost less than new construction,
and that new construction is less costly than acquisition of an existing
building, (for purposes of this cost comparison, costs associated with
rehabilitation or new construction may include the cost of real property
acquisition);

\(10\) If the proposed construction includes demolition, a demolition
plan, including the extent and cost of existing site features to be
removed, stored, or relocated and information establishing that the
proposed construction is in the same location as the building to be
demolished or that the demolition is inextricably linked to the design
of the construction project (the cost of demolition of a building cannot
be included in the cost of construction unless the proposed construction
is in the same location as the building to be demolished or unless the
demolition is inextricably linked to the design of the construction
project);

\(11\) Comments or recommendations by appropriate State (and area wide)
clearinghouses pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197), if
the applicant is a State; and

\(12\) Reasonable assurances with respect to receipt of a capital grant
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 nonveterans; and that
such services will meet the requirements of this part;

\(ii\) The recipient will continue to operate the project until the
expiration of the period during which VA could seek recovery under
§61.67;

\(iii\) Title to such site or van will vest solely in the applicant and
the applicant will insure vans to the same extent they would insure a
van bought with their own funds;

\(iv\) Adequate financial support will be available for the completion
of the project or for the purchase and maintenance, repair, and
operation of the van; and

\(v\) The recipient will keep records and submit 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.

\(c\) Applicants may apply for more than one capital grant. (Authority:
38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.14 Selecting applications for capital grants.**

\(a\) Applicants will first be grouped in categories according to the
funding priorities set forth in the NOFA, if any. Applicants will then
be ranked, within their respective funding category if applicable. The
highest-ranked applications for which funding is available, within
highest priority funding category if applicable, will be conditionally
selected to receive a capital grant in accordance with their ranked
order, as determined under §61.13 of this part. If funding priorities
have been established and funds are still available after selection of
those applicants in the highest priority group VA will continue to
conditionally select applicants in lower priority categories in
accordance with the selection method set forth in this paragraph subject
to available funding.

\(b\) In the event of a tie between applicants, VA will use the score
from §61.13(e) of this part to determine the ranking. (Authority: 38
U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)

**§61.15 Obtaining additional information and awarding capital grants.**

\(a\) Each applicant who has been conditionally selected for a capital
grant will be requested by VA to submit additional information,
including:

\(1\) Documentation to show that the project is feasible, including a
plan from an architect, contractor, or other building professional that
provides estimated costs for the proposed design;

\(2\) Documentation showing the sources of funding for the project and
firm financing commitments for the matching requirements described in
§61.16 of this part;

\(3\) Documentation establishing site control described in §61.17 of
this part;

\(4\) Documentation establishing compliance with the National Historic
Preservation Act (16 U.S.C. 470);

\(5\) Information necessary for VA to ensure compliance both with
Uniform Federal Accessibility Standards (UFAS) and the Americans with
Disabilities Act Accessibility Guidelines;

\(6\) Documentation establishing compliance with local and state zoning
codes;

\(7\) Documentation in the form of one set of design development (35
percent completion) drawings demonstrating compliance with local codes,
state codes, and the Life Safety Code of the National Fire Protection
Association.

\(8\) Information necessary for VA to ensure compliance with the
provisions of the National Environmental Policy Act (42 U.S.C. 4321, *et
seq*.);

\(9\) A site survey performed by a licensed land surveyor; and

\(10\) Such other documentation as specified by VA in writing to the
applicant to confirm or clarify information provided in the application.

\(b\) The required additional information must be received by VA in
acceptable form within the time frame established by VA in a Notice of
Fund Availability published in the *Federal Register*.

\(c\) Following receipt of the additional information in acceptable
form, VA will execute an agreement and make payments to the grant
recipient in accordance with §61.61 of this part and other applicable
provisions of this part. (Authority: 38 U.S.C. 501, 2002, 2011, 2012,
2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.16 Matching funds for capital grants.**

The amount of a capital grant may not exceed 65 percent of the total
cost of the project for which the capital grant was awarded. The
recipient must, from sources other than grant funds received under this
part, match the funds provided by VA to cover the percentage of the
total cost of the project not funded by the capital grant. This matching
share shall constitute at least 35 percent of the total cost. If the
project is for supportive housing, or a service center that would be
used for purposes under this part and for other purposes, a capital
grant may be awarded only in proportion to the use under this part.
Capital grants may include application costs, including site surveys,
architectural, and engineering fees, but may not include relocation
costs. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721
note)

**§61.17 Site control for capital grants.**

\(a\) As a condition for obtaining a capital grant for supportive
housing or a fixed site service center, an applicant must demonstrate
site control through a deed, a capital lease, or an executed contract of
sale, unless the site is in a building or on land owned by VA. Such site
control must be demonstrated within 1 year after execution of an
agreement under §61.61 of this part.

\(b\) A capital grant recipient may change the site to a new site
meeting the requirements of this part subject to VA approval under
§61.62 of this part. However, the recipient is responsible for and must
demonstrate ability to provide for any additional costs resulting from
the change in site. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061,
2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

*Next Section is §61.20*

**§61.20 Life Safety Code capital grants.**

\(a\) This section sets forth provisions for obtaining a Life Safety
Code capital grant under 38 U.S.C. 2012(c)(3). To be eligible to receive
such a capital grant, an applicant already must have received a grant
under section 3 of the Homeless Veterans Comprehensive Service Programs
Act of 1992 (Public Law 102-590; 38 U.S.C. 7221 note) for construction,
renovation, or acquisition of a facility and must obtain the Life Safety
Code capital grant solely for renovations to such facility to comply
with the Life Safety Code of the National Fire Protection Association.
The following sections of this part apply to the Life Safety Code grants
§§61.60 through 61.66; and §61.80 and §61.82.

\(b\) To apply for a Life Safety Code capital grant under this section,
an applicant must obtain from VA a Life Safety Code capital grant
application package and submit to VA the information called for in the
application package within the time period established in the Notice of
Fund Availability. The Life Safety Code capital grant application
package includes exhibits to be prepared and submitted as part of the
application process, including:

\(1\) Justification for the modifications needed to meet the Life Safety
Code or such other comparable fire and safety requirements;

\(2\) Site description, site design, and site cost estimates;

\(3\) Reasonable assurances with respect to receipt of a Life Safety
Code capital grant under this part that:

\(i\) The project being renovated is being, and will continue to be,
used principally to furnish veterans the level of care for which VA
awarded the applicant a grant under the Homeless Veterans Comprehensive
Service Program Act of 1992; that not more than 25 percent of
participants at any one time will be nonveterans; and that such services
will meet the requirements of this part;

\(ii\) The recipient will keep records and submit 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;

\(iii\) The applicant has agreed to comply with the applicable
requirements of this part and has demonstrated the capacity to do so;

\(iv\) The applicant does not have an outstanding obligation to VA that
is in arrears, and does not have an overdue or unsatisfactory response
to an audit; and

\(v\) The applicant is not in default, by failing to meet requirements
for any previous assistance from VA.

\(c\) (1) *Cost-effectiveness*. VA will award up to 300 points for
cost-effectiveness with adjustments for high-cost areas. Applicants
should address the following:

\(i\) Estimated cost of the renovation and the type of work to be done;

\(ii\) Estimated cost of any displacement of program participants or
services due to the renovation; and

\(iii\) Cost-benefit analysis addressing the benefit of renovation to
the structure compared to moving program to another site.

\(2\) *Coordination*. VA will award up to 200 points for a summary
countersigned by the local VAMC Facilities Management of the discussions
concerning renovation plans. The summaries should detail the following:

\(i\) Urgency of the renovation;

\(ii\) Adequacy of the renovation; and

\(iii\) Opinion of feasibility and cost benefit.

\(d\) The highest-ranked applications for the Life Safety Code capital
grants for which funding is available will be selected to receive grants
in accordance with their ranked order. The amount awarded will be 100
percent of the estimated total cost of the renovation as stated in the
Life Safety Code application (this may include application costs,
architectural fees, and engineering fees). VA will execute an agreement
and make payments to the Life Safety Code capital grant recipient in
accordance with §61.61 of this part and other applicable provisions of
this part. In the event of a tie between applicants, VA will use the
score from §61.20(c)(2) of this part to determine the ranking.

\(e\) Applicants may apply for more than one Life Safety Code capital
grant.

\(f\) The authority to provide Life Safety Code grants expires on
December 21, 2006. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061,
2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

*Next Section is §61.30*

**§61.30 Per diem---general.**

VA provides per diem funds to capital grant recipients or to entities
eligible to receive a capital grant, which established a program of
supportive housing or services after November 10, 1992 so they can
assist homeless veterans by helping to offset operating costs to ensure
the availability of supportive housing and service centers tasked with
furnishing outreach, rehabilitative services, vocational counseling and
training, and transitional housing assistance. (Authority: 38 U.S.C.
501, 2002, 2011, 2012, 2061, 2064, 7721 note)

**§61.31 Application for per diem.**

\(a\) To apply for per diem, a capital grant recipient need only
indicate the intent to receive per diem on the capital grant application
or may separately request per diem by submitting to VA a written
statement requesting per diem.

\(b\) To apply for per diem, a non-capital grant recipient must obtain
from VA a non-capital grant application package and submit to VA the
information called for in the application package within the time period
established in the Notice of Fund Availability. The non-capital grant
application package includes exhibits to be prepared and submitted as
part of the application process, including:

\(1\) Justification for per diem;

\(2\) Documentation on eligibility to receive per diem under this part;

\(3\) Documentation on operating budget and cost sharing;

\(4\) Documentation on supportive services committed to the project;

\(5\) Comments or recommendations by appropriate State (and area wide)
clearinghouses pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197), if
the applicant is a State; and

\(6\) Reasonable assurances with respect to receipt of per diem 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 nonveterans; and that
such services will meet the requirements of this part;

\(ii\) Adequate financial support will be available for the per diem
program; and

\(iii\) The recipient will keep records and submit 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.
(Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.41 Special needs grants application.**

\(a\) To apply for a special needs grant, an applicant must obtain from
VA a special needs grant application package and submit to VA the
information called for in the application package within the time period
established in the Notice of Fund Availability.

\(b\) The special needs grant application package includes exhibits to
be prepared and submitted as part of the application process, including:

\(1\) Justification for the special needs grant;

\(2\) Documentation on eligibility to receive a special needs grant
under this part;

\(3\) Documentation concerning the estimated operating costs for the
needs of the specific population for which the special needs grant is
requested;

\(4\) Documentation concerning supportive services committed to the
project;

\(5\) Comments or recommendations by appropriate State (and area wide)
clearinghouses pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197), if
the applicant is a State; and

\(6\) Reasonable assurances with respect to receipt of a special needs
grant under this part that:

\(i\) The funds will be used to furnish to veterans the level of care
for which such application is made; and that the special needs program
will comply with applicable requirements of this part;

\(ii\) The recipient will keep records and submit 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

\(iii\) Adequate financial support will be available for the special
needs program. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064,
7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.42 Threshold requirements for special needs grant applications.**

To be eligible for a special needs grant, an applicant must meet the
following threshold requirements:

\(a\) The application included the information called for in the
application package and was filed within the time period established in
the Notice of Fund Availability;

\(b\) The applicant still meets the requirements for receipt of per
diem;

\(c\) The activities for which assistance is requested are eligible for
funding under this part;

\(d\) The applicant has demonstrated that adequate financial support
will be available to carry out the project for which the grant is sought
consistent with the plans, specifications and schedule submitted by the
applicant;

\(e\) The applicant does not have an outstanding obligation to VA that
is in arrears, and does not have an overdue or unsatisfactory response
to an audit;

\(f\) The applicant is not in default, by failing to meet requirements
for any previous assistance from VA under this part; and

\(g\) The applicant has agreed to comply with applicable requirements of
this part, to maintain eligibility for special need payments and has
demonstrated the capacity to do so. (Authority: 38 U.S.C. 501, 2002,
2011, 2012, 2061, 2064, 7721 note)

**§61.50 Technical assistance grants---general.**

VA provides grants to entities or organizations with expertise in
preparing grant applications relating to the provision of assistance for
homeless veterans. The recipients are to use the grants to provide
technical assistance to those nonprofit community-based groups with
experience in providing assistance to homeless veterans in order to help
such groups apply for grants under 38 CFR part 61 or apply for other
grants from any source for addressing the problems of homeless veterans.
This includes:

\(a\) Group or individual seminars providing general instructions
concerning grant applications;

\(b\) Group or individual seminars providing instructions for applying
for a specific grant; or

\(c\) Group or individual instruction for preparing analyses to be
included in a grant application. (Authority: 38 U.S.C. 501, 2002, 2011,
2012, 2061, 2064, 7721 note)

**§61.51 Applications for technical assistance grants.**

\(a\) To apply for a technical assistance grant under this part, an
applicant must obtain from VA a technical assistance grant application
package and submit to VA the information called for in the technical
assistance grant application package within the time period established
in the Notice of Fund Availability.

\(b\) The technical assistance grant application package includes
exhibits to be prepared and submitted as part of the application
process, including:

> \(1\) Justification for the technical assistance grant;
>
> \(2\) Documentation on eligibility to receive a technical assistance
> grant under this part;
>
> \(3\) Description of type of technical assistance that would be
> provided (see §61.50);
>
> \(4\) Documentation concerning the estimated operating costs and
> operating budget for the technical assistance program for which a
> grant is sought;
>
> \(5\) Documentation concerning expertise in preparing grant
> applications;
>
> \(6\) Documentation on resources committed to the provision of
> technical expertise;
>
> \(7\) Comments or recommendations by appropriate State (and area wide)
> clearinghouses pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197), if
> the applicant is a State; and
>
> \(8\) Reasonable assurances with respect to receipt of a technical
> assistance grant under this part that:
>
> \(i\) The recipient will provide adequate financial and administrative
> support for providing the services set forth in the technical
> assistance grant application and will actually provide such services;
> and
>
> \(ii\) The recipient will keep records and submit 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.
> (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.54 Awarding technical assistance grants.**

\(a\) Applicants will first be grouped in categories according to the
funding priorities set forth in the NOFA, if any. Applicants will then
be ranked, within their respective funding category if applicable. The
highest-ranked applications for which funding is available, within
highest priority funding category if applicable, will be conditionally
selected to receive a technical assistance grant in accordance with
their ranked order, as determined under §61.53 of this part. If funding
priorities have been established and funds are still available after
selection of those applicants in the highest priority group VA will
continue to conditionally select applicants in lower priority categories
in accordance with the selection method set forth in this paragraph
subject to available funding.

\(b\) In the event of a tie between applicants, VA will use the score
from §61.53(c) of this part to determine the ranking.

\(c\) For those applicants selected to receive a technical assistance
grant, VA will execute an agreement and make payments to the grant
recipient in accordance with §61.61 of this part.

\(d\) The amount of the technical assistance grant will be the estimated
total operational cost of the technical assistance over the life of the
technical assistance grant award as specified in the technical
assistance grant agreement. Payments may be made for no more than 3
years. Recipients may apply again thereafter only in response to a
Notice of Fund Availability.

\(e\) The amount of a technical assistance grant under this part may not
exceed the cost of the estimated cost of the provision of technical
assistance.

\(f\) VA will not pay for sustenance or lodging under a technical
assistance grant. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061,
2064, 7721 note)

**§61.55 Technical assistance reports.**

Each recipient of a technical assistance grant must submit to VA,
quarterly, a report describing the activities for which the technical
assistance grant funds were awarded, including the type and amount of
technical assistance provided and the number of nonprofit
community-based groups served. (Authority: 38 U.S.C. 501, 2002, 2011,
2012, 2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

*Next Section is §61.60*

**§61.80 General operation requirements for supportive housing and
service centers.**

\(8\) The housing must have adequate heating and/or cooling facilities
in proper operating condition;

\(9\) The housing must have adequate natural or artificial illumination
to permit normal indoor activities and to support the health and safety
of residents and sufficient electrical sources must be provided to
permit use of essential electrical appliances while assuring safety from
fire;

\(10\) All food preparation areas must contain suitable space and
equipment to store, prepare, and serve food in a sanitary manner;

\(11\) The housing and any equipment must be maintained in a sanitary
manner;

\(12\) The residents with disabilities must be provided meals or meal
preparation facilities must be available;

\(13\) Residential supervision from a paid staff member, volunteer, or
senior resident participant must be provided 24 hours per day, 7 days
per week and for those times that a volunteer or senior resident
participant is providing residential supervision a paid staff member
must be on call for emergencies 24 hours a day 7 days a week (all
supervision must be provided by individuals with sufficient knowledge
for the position); and

\(14\) Residents must be provided a clean and sober (free from illicit
drugs) environment and those supportive housing or service centers that
provide medical or social detox at the same site as the supportive
housing or service must ensure that those residents in detox are clearly
separated from the general residential population.

\(c\) Each recipient of assistance under this part must conduct an
ongoing assessment of the supportive services needed by the residents of
the project and the availability of such services, and make adjustments
as appropriate. The recipient will provide evidence of this ongoing
assessment to VA at such times as are deemed necessary, but as a
minimum, once annually in the form of a report that addresses the
recipient's ability to meet the goals, objectives, measures, and special
needs as set forth in the recipient's grant proposal.

\(d\) A homeless veteran may remain in transitional housing for which
assistance is provided under this part for a period no longer than 24
months, except that a veteran may stay longer, if permanent housing for
the veteran has not been located or if the veteran requires additional
time to prepare for independent living. However, at any given time, no
more than one-half of the veterans at such transitional housing facility
may have resided at the facility for periods longer than 24 months.

\(e\) Each recipient of assistance under this part must provide for the
consultation and participation of not less than one homeless veteran or
formerly homeless veteran on the board of directors or an equivalent
policymaking entity of the recipient, to the extent that such entity
considers and makes policies and decisions regarding any project
provided under this part. This requirement may be waived if an
applicant, despite a good faith effort to comply, is unable to meet it
and presents a plan, subject to VA approval, to otherwise consult with
homeless or formerly homeless veterans in considering and making such
policies and decisions.

\(f\) Each recipient of assistance under this part must, to the maximum
extent practicable, involve homeless veterans and families, through
employment, volunteer services, or otherwise, in constructing,
rehabilitating, maintaining, and operating the project and in providing
supportive services for the project.

\(g\) Each recipient of assistance under this part shall establish
procedures for fiscal control and fund accounting to ensure proper
disbursement and accounting of assistance received under this part.

\(h\) The recipient of assistance under this part that provides family
violence prevention or treatment services must establish and implement
procedures to ensure:

> \(1\) The confidentiality of records pertaining to any individual
> provided services, and
>
> \(2\) The confidentially of the address or location where the services
> are provided.

\(i\) Each recipient of assistance under this part must maintain the
confidentiality of records kept on homeless veterans receiving services.

\(j\) VA may disapprove use of outpatient health services provided
through the recipient if VA determines that such services are of
unacceptable quality. Further, VA will not pay per diem where the
Department concludes that services furnished by the recipient are
unacceptable.

\(k\) A service center for homeless veterans shall provide services to
homeless veterans for a minimum of 40 hours per week over a minimum of 5
days per week, as well as provide services on an as-needed, unscheduled
basis. The calculation of average hours shall include travel time for
mobile service centers. In addition:

\(1\) Space in a service center shall be made available as mutually
agreeable for use by VA staff and other appropriate agencies and
organizations to assist homeless veterans;

\(2\) A service center shall be equipped to provide, or assist in
providing, health care, mental health services, hygiene facilities,
benefits and employment counseling, meals, and transportation
assistance;

\(3\) A service center shall provide other services as VA determines
necessary based on the need for services otherwise not available in the
geographic area; and

\(4\) A service center may be equipped and staffed to provide, or to
assist in providing, job training and job placement services (including
job readiness, job counseling, and literacy and skills training), as
well as any outreach and case management services that may be necessary
to meet the requirements of this paragraph.

\(l\) Fixed site service centers will prominently post at or near the
entrance to the service center their hours of operation and contacts in
case of emergencies. Mobile service centers must take some action
reasonably calculated to provide in advance a tentative schedule of
visits, (e.g., newspapers, fliers, public service announcements on
television or radio). The schedule should include but is not limited to:

\(1\) The region of operation;

\(2\) Times of operation;

\(3\) Expected services to be provided; and

\(4\) Contacts for specific information and changes. (Authority: 38
U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0554.)

\[68 FR 13594, Mar. 19, 2003, as amended at 68 FR 55468, Sept. 26,
2003\]

**§61.81 Outreach activities.**

Recipients of capital grants and per diem under this part relating to
supportive housing or service centers must use their best efforts to
ensure that eligible hard-to-reach veterans are found, engaged, and
provided assistance. Accordingly, a recipient should search for homeless
veterans at places such as shelters, soup kitchens, parks, bus or train
stations, and the streets. Outreach particularly should be directed
toward veterans who have a nighttime residence that is an emergency
shelter or a public or private place not ordinarily used as a regular
sleeping accommodation for human beings (e.g., cars, streets, or parks).
(Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)