#### § 61.67 Recovery provisions.

(a) *Full recovery of capital grants.* VA may recover from the grant recipient all of the grant amounts provided for the project if, after 3 years after the date of an award of a capital grant, the grant recipient has withdrawn from the VA Homeless Providers Grant and Per Diem Program (Program), does not establish the project for which the grant was made, or has established the project for which the grant was made but has not passed final inspection. Where a recipient has no control over causes for delays in implementing a project, VA may extend the 3-year period, as appropriate. VA may obligate any recovered funds without fiscal year limitation.

(b) *Prorated (partial) recovery of capital grants.* If a capital grant recipient is not subject to recovery under [paragraph (a)](/on/2024-09-18/title-38/section-61.67#p-61.67(a)) of this section, VA will seek recovery of the grant amount on a prorated basis where the grant recipient ceases to provide services for which the grant was made or withdraws from the Program prior to the expiration of the applicable period of operation, which period shall begin on the date shown on the activation document produced by the VA National GPD Program. In cases where capital grant recipients have chosen not to receive per diem payments, the applicable period of operation shall begin on the date the VA Medical Center Director approved placement at the project site as shown on the inspection documents. The amount to be recaptured equals the total amount of the grant, multiplied by the fraction resulting from using the number of years the recipient was not operational as the numerator, and using the number of years of operation required under the following chart as the denominator.

| Grant amount (dollars in thousands) | Years of operation |
| --- | --- |
| 0-250 | 7 |
| 251-500 | 8 |
| 501-750 | 9 |
| 751-1,000 | 10 |
| 1,001-1,250 | 11 |
| 1,251-1,500 | 12 |
| 1,501-1,750 | 13 |
| 1,751-2,000 | 14 |
| 2,001-2,250 | 15 |
| 2,251-2,500 | 16 |
| 2,501-2,750 | 17 |
| 2,751-3,000 | 18 |
| Over 3,000 | 20 |

(c) *Disposition of real property for capital grantees.* In addition to being subject to recovery under [paragraphs (a)](/on/2024-09-18/title-38/section-61.67#p-61.67(a)) and [(b)](/on/2024-09-18/title-38/section-61.67#p-61.67(b)) of this section, capital grantees are subject to real property disposition as required by [2 CFR part 200](/on/2024-09-18/title-2/part-200) when the grantee no longer is providing services through a grant awarded under this part.

(d) *Recovery of per diem and non-capital grants.* VA will seek to recover from the recipient of per diem, a special need non-capital grant, or a technical assistance grant any funds that are not used in accordance with the requirements of this part.

(e) *Notice.* Before VA takes action to recover funds, VA will issue to the recipient a notice of intent to recover funds. The recipient will then have 30 days to submit documentation demonstrating why funds should not be recovered. After review of any such documentation, VA will issue a decision regarding whether action will be taken to recover funds.

(f) *Vans.* All recovery provisions will apply to vans with the exception of the period of time for recovery. The period of time for recovery will be 7 years. Disposition provisions of [2 CFR part 200](/on/2024-09-18/title-2/part-200) apply to vans. Grantees are required to notify the VA National Grant and Per Diem Program Office for disposition of any van funded under this part.

(Authority: [38 U.S.C. 501](https://www.govinfo.gov/link/uscode/38/501), [2011](https://www.govinfo.gov/link/uscode/38/2011), [2012](https://www.govinfo.gov/link/uscode/38/2012), [2061](https://www.govinfo.gov/link/uscode/38/2061), [2064](https://www.govinfo.gov/link/uscode/38/2064))

[[78 FR 12604](https://www.federalregister.gov/citation/78-FR-12604), Feb. 25, 2013, as amended at [80 FR 43323](https://www.federalregister.gov/citation/80-FR-43323), July 22, 2015]