89494 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations 

Board, which has authority to 

administer the subsistence taking and 

uses of fish and wildlife on public lands 

in Alaska. 

DATES: Effective November 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Leonetti, Acting Director, Office 

of Subsistence Management; 907–786– 

3888; or subsistence@ios.doi.gov. For 

questions specific to National Forest 

System lands, contact Gregory Risdahl, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

907–302–7354 or gregory.risdahl@

usda.gov. Individuals in the United 

States who are deaf, blind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: In the 

final rule that published in the Federal 

Register on October 17, 2024, at 89 FR 

83622, on page 83628, in the first 

column, amendatory instruction 2 is 

corrected to read as follows: 

2. In subpart B of 36 CFR part 242 and

50 CFR part 100, amend § ll.10 by: 

a. Revising paragraphs (a), (b), and

(d)(2); and 

b. Adding paragraphs (d)(11) through

(14). 

The revisions and additions read as 

follows: 

Joan Mooney, 

Principal Deputy Assistant Secretary, 

Exercising the Delegated Authority of the 

Assistant Secretary—Policy, Management 

and Budget, Department of the Interior. 

Homer Wilkes, 

Undersecretary, Natural Resources and 

Environment, Department of Agriculture. 

[FR Doc. 2024–26119 Filed 11–12–24; 8:45 am] 

BILLING CODE 3410–11–P; 4334–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 79 

RIN 2900–AR33 

Legal Services for Homeless Veterans 

and Veterans At-Risk for 

Homelessness Grant Program 

AGENCY: Department of Veterans Affairs 

ACTION: Final rule 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, with 

changes, an interim final rule (IFR) to 

implement a new authority requiring 

VA to award grants to eligible entities 

that will provide certain legal services 

for homeless veterans and veterans at 

risk for homelessness. 

DATES: This rule is effective December 

13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Gingell, National Coordinator, 

Legal Services for Veterans, Veterans 

Justice Programs, Clinical Services, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Ave. NW, Washington, DC 

20420, (239) 223–4681. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: In an IFR 

published in the Federal Register (FR) 

on June 1, 2022, (87 FR 33025), VA 

established, in new part 79 of title 38, 

Code of Federal Regulations (CFR), the 

Legal Services for Homeless Veterans 

and Veterans At-Risk for Homelessness 

Grant Program, required by section 

2022A of title 38, United States Code 

(U.S.C.). VA provided a 60-day 

comment period, which ended on 

August 1, 2022. VA received 12 

comments, which are discussed in 

further detail below. Based on the 

comments, VA is making changes to 

part 79, as explained in more detail 

below. 

Comments 

Definition of Veteran 

Two commenters suggested VA revise 

its definition of veteran in 38 CFR 79.5, 

which adopts the definition of veteran 

in 38 U.S.C. 101(2). Section 101(2) 

defines veteran as a person who served 

in the active military, naval, air, or 

space service, and who was discharged 

or released therefrom under conditions 

other than dishonorable. These 

commenters were concerned that the 

definition is too limited and would 

exclude former servicemembers who 

need or would benefit from the legal 

assistance provided under this grant 

program and who this program was 

designed to serve (that is, as described 

by the commenters, those who need 

assistance with discharge upgrades). 

Instead of using the definition of 

veteran in 38 U.S.C. 101, one of these 

commenters recommended VA use the 

definition of veteran in 38 U.S.C. 

2002(b) (which is applicable to VA 

benefits for homeless veterans) or in the 

alternative, use a more inclusive 

definition. The definition of veteran in 

38 U.S.C. 2002(b) is used for purposes 

of sections 2011, 2012, 2013, 2044, 2061 

of title 38, as well as 42 U.S.C. 

1437f(o)(19)(D). Sections 2011, 2012, 

2013, 2044, and 2061 apply to VA 

benefits for homeless veterans such as 

the supportive services for veteran 

families grant program and the homeless 

providers grant and per diem program. 

Section 1437(o)(19)(D) of 42 U.S.C. 

authorizes rental vouchers for certain 

eligible homeless veterans. 

The definition of veteran in 38 U.S.C. 

2002 defines veteran to mean a person 

who served in the active military, naval, 

air, or space service, regardless of length 

of service, and who was discharged or 

released therefrom, and excludes a 

person who received a dishonorable 

discharge from the Armed Forces; or 

was discharged or dismissed from the 

Armed Forces by reason of the sentence 

of a general court-martial. 

We acknowledge that the current 

definition of veteran in 38 CFR 79.5 

limits those individuals who are eligible 

for legal services under the grant 

program, including legal services 

relating to requests to upgrade the 

characterization of a discharge. 

However, we are unable to revise the 

definition as this commenter 

recommends (e.g., by using the 38 

U.S.C. 2002(b) definition of veteran or a 

more inclusive definition). Section 

2022A does not define veteran. Title 38 

has already provided a definition for 

veteran in section 101(2). Without 

indicating an alternate definition for the 

term in statute, Congress’s use of 

‘‘veteran’’ in section 2022A can only 

lead VA to surmise that it intended the 

legal services enumerated in section 

2022A to be provided to veterans who 

meet the requirements of section 101(2), 

as well as other criteria for being 

homeless or at risk for homelessness. 

Thus, we must use the definition of 

veteran in section 101 rather than the 

definition in section 2002(b) or a more 

inclusive definition. 

Furthermore, section 2002(b) 

explicitly limits its applicability to 

specific sections in chapter 20 (for 

example, sections 2011, 2012, 2013, 

2044, and 2061) and does not include 

section 2022A. Given that Congress 

remained silent on the subject, 

‘‘veteran’’ in section 2022A must be 

read as using the available definition in 

section 101(2). Short of future statutory 

change, the definition of veteran in 38 

U.S.C. 2002(b) does not apply to this 

grant program authorized by 2022A. 

We make no changes to the definition 

of veteran based on this comment. 

The other commenter recommended 

that VA define veteran in the same way 

as the U.S. Interagency Council on 

Homelessness, which defines veteran as 

all individuals who served in the 

military regardless of the length of 

service or their discharge status. 

In defining veteran, section 101(2) 

refers to a person who was discharged 

or released therefrom under conditions 

other than dishonorable. This excludes 


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those who received a dishonorable 

discharge from the Armed Forces or 

who have been found by VA to have 

been discharged under dishonorable 

conditions. Thus, those individuals 

would be ineligible to receive services 

provided through this legal services 

grant program since we are applying the 

definition of veteran under section 

101(2). Since we must use that 

definition for purposes of this grant 

program for the reasons previously 

explained, we are unable to remove the 

restrictions on discharge status in the 

section 101(2) definition. 

We are also unable to remove the 

length of service requirements as those 

set forth in 38 U.S.C. 5303A apply to 

this grant program. These requirements 

apply to the administration of VA 

benefits and services unless otherwise 

explicitly made inapplicable. See 38 

U.S.C. 5303A(a) (‘‘Notwithstanding any 

other provision of law, any 

requirements for eligibility for or 

entitlement to any benefit under this 

title or any other law administered by 

the Secretary that are based on the 

length of active duty served by a person 

who initially enters such service after 

September 7, 1980, shall be exclusively 

as prescribed in this title.’’) and 

5303A(b)(3). Section 2022A is not 

excluded from the length of service 

requirements in section 5303A(b)(3). 

Moreover, section 2022A did not 

explicitly exclude eligible veterans from 

these length of service requirements. 

Thus, section 2022A must be read as 

requiring the length of service 

requirements described in 38 U.S.C. 

5303A. We make no changes to the 

definition of veteran based on this 

comment. 

Eligible Veterans and 38 CFR 79.55 

One commenter stated that grantees 

should be tasked with establishing their 

own criteria for eligibility and the 

methods used to confirm and document 

eligibility under § 79.15. This 

commenter opined that grantees should 

establish their own criteria for 

determining eligibility and should only 

have to determine it at the time the 

veteran engages with them, particularly 

because requiring grantees to recertify 

eligibility after intake may cause ethical 

issues for the grantee and result in 

frustration, hardship, and damages to 

the veteran being served by that grantee. 

This same commenter also suggested 

that if the veteran is eligible at the time 

of intake, the legal services should 

continue until the legal issue is 

completed. 

VA requires grantees verify and 

document a veteran’s eligibility for legal 

services prior to providing legal 

services. See § 79.55(a)(1). VA also 

requires that services continue to be 

provided through completion of the 

legal services so long as the participant 

continues to be eligible and if, at any 

point, the grantee finds the participant 

is ineligible, they must document such 

ineligibility and provide the individual 

with information on other available 

programs/resources or provide a 

referral. See § 79.55(a)(2) and (3). 

Because the statutory authority, 38 

U.S.C. 2022A, is clear about eligibility 

for legal services, as further set forth in 

38 CFR 79.15, VA does not believe it 

would be appropriate for grantees to 

establish their own eligibility criteria, 

which could vary and lack consistency 

among grantees. This could lead to 

grantees providing services to veterans 

who are not actually eligible pursuant to 

VA’s authority and therefore would 

place an undue burden on VA to 

conduct an independent determination 

of each grantee’s eligibility criteria to 

ensure it is consistent and does not 

exceed the bounds of VA’s authority. In 

addition, this could lead to disparate 

treatment of veterans as grantees could 

otherwise set more restrictive or broad 

criteria than others. In such instances, 

eligibility for legal services would 

depend on the organization from which 

veterans sought services. To ensure 

compliance with the law and that 

veterans are treated the same for 

purposes of eligibility for legal services 

provided under this grant program, VA 

believes it is appropriate to have the 

same eligibility criteria for all veterans 

rather than have grantees establish their 

own. 

For these same reasons, VA will 

provide grantees with various methods 

that can be used to determine eligibility. 

Such information will be included in a 

program guide that will be provided to 

grantees. The program guide is the 

appropriate location for such 

information rather than regulation since 

the methods that may be used to 

determine eligibility are subject to 

change. 

While we expect grantees to 

determine eligibility based on the 

criteria in § 79.15 prior to the provision 

of legal services, we do not expect 

grantees to verify or confirm eligibility 

on a frequent, on-going basis. However, 

if a grantee becomes aware that an 

individual was never eligible due to, for 

example, a military discharge as a result 

of general court-martial, but by mistake 

was initially determined eligible, we 

expect the grantee to take appropriate 

action by ending services and making 

appropriate referrals to other 

organizations that are able to assist the 

individual with legal services, in 

compliance with § 79.55(a)(3). It was 

and is not our intent to have grantees 

take similar actions if an individual is 

initially found to be eligible for services 

but due to improvement in their 

housing situation, they may no longer 

be eligible under § 79.15(a)(1). Because 

these individuals may continue to be at 

risk for homelessness under 

§ 79.15(a)(2), we want grantees to 

continue to provide legal services to 

these individuals. For all participants, 

we expect legal services to continue to 

be provided through completion or as 

the need for such services comes to an 

end, so long as the individuals remain 

eligible for such services. See 

§ 79.55(a)(2). 

We do not make changes to the 

regulations based on these comments. 

However, this information will be 

included in the grant program guide and 

as part of technical assistance. 

Two commenters raised concerns 

about the definition of at risk for 

homelessness included in § 79.15. The 

definition of at risk for homelessness 

means an individual who does not have 

sufficient resources or support 

networks, e.g., family, friends, faithbased or other social networks, 

immediately available to prevent them 

from moving to an emergency shelter or 

another place described in paragraph (1) 

of the definition of ‘‘homeless’’ in 24 

CFR 576.2 and meets one or more of 

nine conditions set forth in 38 CFR 

79.15(b)(1) through (9). 

It was suggested by both commenters 

that VA remove the requirement in 

§ 79.15(b)(3) that the veteran be notified 

in writing that their right to occupy 

their current housing or living situation 

will be terminated within 21 days after 

the application for assistance or add a 

period longer than 21 days. The 

commenter stated that this requirement 

causes undue confusion, added burden 

on staff, and that housing statutes and 

requirements often require landlords 

provide more than 21 days’ notice. 

As an initial matter, the language in 

§ 79.15(b)(3) is not a requirement that all 

veterans must meet to be determined at 

risk for homelessness. Instead, it is one 

of nine conditions, of which a veteran 

must meet only one. Thus, a veteran can 

meet the definition of at risk for 

homelessness if they meet one of those 

other eight conditions. We believe that 

if a veteran did not meet § 79.15(b)(3) 

because they live in a place where more 

than 21 days’ notice is required to 

terminate their right to occupy their 

current housing or living situation and 

they find themselves in such situation, 

they may very likely meet one of the 

other eight conditions. As we have 

largely adopted the definition of at risk 


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for homelessness from the Department 

of Housing and Urban Development’s 

(HUD) definition of at risk for 

homelessness, including this specific 

requirement in § 79.15(b)(3), we make 

no changes based on this comment as 

we defer to HUD’s definition given they 

are the leading Federal agency on this 

subject matter. We acknowledge one 

difference in that 24 CFR 576.2 does 

include an income limitation. We chose 

to remove that limitation in 38 CFR 

79.15(b) due to situations where a 

veteran earns an income beyond the 

limitation in 24 CFR 576.2(i) but is still 

unable to maintain housing because of 

a high cost of living where they reside. 

See 87 FR 33028. We still note that this 

definition is consistent with other VA 

grant programs that provide services to 

veterans at risk for homelessness. Thus, 

to be consistent with both HUD and 

VA’s existing grant programs, we make 

no changes based on this comment. 

However, if we find that this criterion 

is a barrier for eligibility for services 

under this grant program, we will 

consider revising the criterion and make 

any such revisions in a future 

rulemaking. 

One of the commenters raised 

concerns about 38 CFR 79.15(b)(5) 

which excludes veterans residing in 

hotels or motels paid for by non-profit 

organizations and government entities 

based on low income. This language in 

paragraph (b)(5) is consistent with HUD 

and VA’s other grant programs focused 

on veterans at risk for homelessness. 

Additionally, the definition of at risk for 

homelessness provides nine separate 

ways to meet the definition, which is 

fairly broad. However, similar to the 

discussion on paragraph (b)(3) above, if 

we find that this criterion is a barrier for 

eligibility for services under this grant 

program, we will consider revising the 

criterion and make any such revisions 

in a future rulemaking. 

One commenter stated that it should 

be sufficient for veterans to only meet 

one of the criteria in § 79.15(b)(1) 

through (9), rather than also having to 

meet the requirement in § 79.15(b) that 

an individual does not have sufficient 

resources or support networks (for 

example, family, friends, faith-based or 

other social networks) immediately 

available to prevent them from moving 

to an emergency shelter or another place 

described in paragraph (1) of the 

definition of ‘‘homeless’’ in 24 CFR 

576.2. This commenter suggested 

removing the latter criterion based on 

the assertion that it is subjective, hard 

to apply, and requires assessment of a 

veteran’s resources. They also stated 

that it is irrelevant to a veteran’s ability 

to access legal services or their need for 

legal help, as availability of resources 

does not mean they will have support. 

As discussed above, this language was 

included to be consistent with HUD and 

VA’s other grant programs focused on 

veterans at risk for homelessness. We 

acknowledge that this criterion is 

subjective, which is beneficial to 

veterans as it allows grantees to look at 

the totality of a veteran’s circumstances. 

However, we disagree that this criterion 

is hard to apply and requires assessment 

of a veteran’s resources. Instead, this 

criterion requires a screening, rather 

than an in-depth analysis or assessment 

of the veteran’s resources and finances. 

To assist in determining whether a 

veteran is at risk for homelessness for 

purposes of this grant program, we will 

make available to grantees a short 

screening tool. This tool will be similar 

to tools that have been utilized 

effectively by other VA homeless 

programs, but it will be modified for 

purposes of the definition of at risk for 

homelessness in part 79. As this 

criterion is consistently used and 

applied in other VA and HUD programs, 

we do not believe it is or should be hard 

to apply, especially as an in-depth 

analysis is not required and the 

determination on whether this criterion 

is met is a judgment call made by the 

grantee. 

We acknowledge and agree with the 

commenter that potential availability of 

resources to a veteran does not equate 

to support. However, we note that the 

requirement is only for the veteran to 

lack either ‘‘sufficient resources or 

support networks’’ to actually prevent 

homelessness or moving to an 

emergency shelter; the veteran need not 

lack both of those things. Even if a 

veteran’s family member may have 

resources or support, this criterion 

would not necessarily presume that the 

veteran has the ability to access such 

resources or support. To continue to be 

consistent with HUD and VA’s other 

programs, we do not make changes to 

this definition based on this comment. 

Another commenter recommended 

that services provided under this grant 

program be available to deported 

veterans with no income limitations, as 

they noted there are veterans and 

servicemembers who are not citizens, 

are at risk for homelessness, and may be 

deported. 

As an initial matter, we do not impose 

any income limitations to be eligible for 

legal services provided under this grant 

program. As described in § 79.15, an 

individual is eligible for services under 

part 79 if they are a homeless veteran 

(defined consistent with 42 U.S.C. 

11302) or a veteran at risk for 

homelessness (defined consistent with 

24 CFR 576.2). Section 11302 of 42 

U.S.C. does not include any income 

limitations in its definition of homeless. 

As noted above, while 24 CFR 576.2 

does include an income limitation, we 

removed that limitation in 38 CFR 

79.15(b) because VA recognized that 

there may be situations where a veteran 

earns an income beyond the limitation 

in 24 CFR 576.2(i) but is still unable to 

maintain housing because of a high cost 

of living where they reside. See 87 FR 

33028. Because part 79 does not include 

any income limitations for purposes of 

eligibility for legal services, we do not 

make any changes based on this part of 

the comment. 

As written, part 79 does not prohibit 

grantees from providing legal services, 

including immigration-specific legal 

services, to deported veterans or those 

veterans without U.S. citizenship who 

live in the United States who meet the 

eligibility criteria in § 79.15. Part 79 also 

does not require grantees to provide 

immigration-specific legal services, to 

deported veterans or those veterans 

without U.S. citizenship who meet the 

eligibility criteria in § 79.15. We 

understand that relatively few potential 

grantees may have the capacity and 

experience to serve such individuals 

effectively in those circumstances. 

However, if a grantee is able to do so 

effectively and in a way that meets all 

other requirements imposed by this 

grant program, they would be permitted 

to do so. Thus, because the provision of 

legal services, including immigrationspecific legal services, to deported 

veterans or those veterans without U.S. 

citizenship meeting the eligibility 

criteria in § 79.15 would be at the 

discretion of the grantee, we would not 

regulate this and do not make any 

changes to part 79 based on this 

comment. 

Eligible Entities 

One commenter inquired about 

whether two non-profits can partner for 

this grant program. We assume this 

commenter is inquiring as to whether 

two organizations can submit a joint 

grant application for this grant program. 

Consistent with how VA administers 

other grant programs, two organizations 

will not be able to submit a joint 

application for a legal services grant. 

However, an organization that is an 

eligible entity, as defined in part 79, and 

is awarded a grant may be the primary 

grantee and may work directly with a 

subcontractor to administer the grant. 

As part of the application process, 

grantees are expected to identify any 

subcontractors in their application. See 

38 CFR 79.25(a)(7). While we do not 

allow a joint application for two 


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primary grantees, we do not find it 

necessary to update the regulations in 

part 79 to clarify this point, especially 

as we have not done so in any of our 

other grant program regulations. This 

clarification will be further provided 

through technical assistance and in 

Frequently Asked Questions. 

Legal Services 

One commenter recommended VA 

remove the word ‘‘defense’’ from 

criminal defense in the list of allowable 

legal services contained in § 79.20. This 

commenter stated that use of defense 

may be misleading to non-criminal legal 

problems that provide legal services to 

address the removal of barriers to 

homelessness associated with 

interacting with the criminal justice 

system. 

The authorizing statute, 38 U.S.C. 

2022A(d)(4), includes certain criminal 

defense legal services as part of this 

grant program. Consistent with section 

2022A(d)(4), 38 CFR 79.20(d) states that 

legal services include those relating to 

criminal defense, including defense in 

matters symptomatic of homelessness, 

such as outstanding warrants, fines, 

driver’s license revocation, and 

citations. To reduce recidivism and 

facilitate the overcoming of reentry 

obstacles in employment or housing, 

covered legal services relating to 

criminal defense also include legal 

assistance with requests to expunge or 

seal a criminal record. 

We are unclear what the commenter 

is referring to with regards to noncriminal legal problems that provide 

legal services to address the removal of 

barriers to homelessness associated with 

interacting with the criminal justice 

system. We included in our definition of 

legal services defense in matters 

symptomatic of homelessness, such as 

outstanding warrants, fines, driver’s 

license revocation, and citations. We 

believe this covers those instances in 

which a veteran may be interacting with 

the criminal justice system but are 

considered non-criminal legal problems. 

However, based on this comment, we 

revise this language to include the word 

‘‘assistance’’ to better clarify that these 

legal services are not restricted to only 

defense. We believe that this change is 

a logical outgrowth of the IFR and does 

not warrant an additional comment 

period because the change is directly 

related to a concern presented by a 

commenter and is otherwise within the 

scope of the IFR. 

We would not remove ‘‘defense’’ as 

suggested by the commenter since that 

would be inconsistent with our 

statutory authority for this program. 

Because we are making additional 

changes to § 79.20(d) as subsequently 

explained, all of the revisions to 

§ 79.20(d), including the word 

‘‘assistance’’, are described in one 

consolidated revision further below. 

This same commenter also 

recommended VA clarify that criminal 

defense includes the resolution of 

criminal matters symptomatic of 

homelessness either at any time during 

a criminal proceeding or postadjudication and sentencing. 

We understand the commenter’s 

concern and note that § 79.20(d) 

includes defense in matters 

symptomatic of homelessness, such as 

outstanding warrants, fines, and driver’s 

license revocation, to reduce recidivism 

and facilitate the overcoming of reentry 

obstacles in employment or housing. 

However, similar to the changes 

discussed directly above, based on this 

comment, we revise § 79.20(d) to 

indicate that resolution of matters 

symptomatic of homelessness is 

included as part of the legal services 

that may be provided under this grant 

program. We believe revising the 

language to include resolution is 

appropriate, would better clarify that 

these legal services are not restricted to 

only defense, and would cover 

resolution of criminal matters 

symptomatic of homelessness either at 

any time during a criminal proceeding 

or post-adjudication and sentencing. We 

believe that this change is a logical 

outgrowth of the IFR and does not 

warrant an additional comment period 

because the change is directly related to 

a concern presented by a commenter 

and is otherwise within the scope of the 

IFR. 

Because § 79.20(d) places no limits on 

when in criminal proceedings legal 

assistance may be provided, we decline 

to add language to clarify that legal 

services under paragraph (d) may be 

provided at any time during a criminal 

proceeding or post-adjudication and 

sentencing. 

Based on the previously described 

changes to § 79.20(d) to include the 

word ‘‘assistance’’ and those described 

in a preceding paragraph, § 79.20(d) is 

revised to state the following: Legal 

services relating to criminal defense, 

including defense and resolution of, and 

assistance with, matters symptomatic of 

homelessness, such as outstanding 

warrants, fines, driver’s license 

revocation, and citations. To reduce 

recidivism and facilitate the overcoming 

of reentry obstacles in employment or 

housing, covered legal services relating 

to criminal defense also include legal 

assistance with requests to expunge or 

seal a criminal record. 

We make no further changes based on 

these comments. 

Another commenter suggested VA 

expand the discharge upgrade legal 

services under § 79.20 to include those 

under 10 U.S.C. 1552. This commenter 

opined that limiting grantees to only 

serve those seeking discharges under 10 

U.S.C. 1553 seems arbitrary, unfairly 

favors recent-era veterans, especially as 

it would require grantees to turn away 

clients who separated over 15 years ago 

and would limit a grantee’s ability to 

help appeal wrongful denials. 

As an initial matter, we note that the 

authorizing statute for this grant 

program includes as legal services those 

relating to requests to upgrade the 

characterization of a discharge or 

dismissal of a former member of the 

Armed Forces under 10 U.S.C. 1553. 

Such requests are reviewed by a 

Discharge Review Board (DRB). Only 

former members of the Armed Services 

who were discharged or dismissed 

within the prior 15 years and are 

appealing their discharge or dismissal 

(other than one given by sentence of a 

General Court Martial) are eligible to 

submit their request for an upgrade to a 

DRB. All other requests for corrections 

of military records or for an upgrade to 

the characterization of a discharge or 

dismissal of a former member of the 

Armed Forces who was discharged or 

dismissed more than 15 years prior may 

be reviewed and corrected pursuant to 

10 U.S.C. 1552. Section 1552 allows 

former members of the Armed Forces to 

apply to the Board for Correction of 

Military Records (BCMR) for a 

correction of the former member’s 

military record when it is considered 

necessary to correct an error or remove 

an injustice. BCMRs can upgrade any 

character of discharge or dismissal; 

change any reason for discharge or 

dismissal, re-enlistment codes, the date 

of discharge or dismissal; remove 

mistakes in a former member’s record; 

and add or remove a note of medical 

retirement. 

While Congress did not explicitly 

include 10 U.S.C. 1552 in the list of 

legal services authorized under 38 

U.S.C. 2022A, based on the comment 

above, we believe it is appropriate to 

include as legal services those relating 

to requests to correct the military record 

of a former member of the Armed Forces 

under 10 U.S.C. 1552. We have the 

authority to do so pursuant to our 

discretionary authority in 38 U.S.C. 

2022A(d)(6), which explains that grants 

under this section shall be used to 

provide homeless veterans and veterans 

at risk for homelessness such other legal 

services as the Secretary determines 

appropriate. We use that authority to 


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add new paragraph (f)(6) to § 79.20 to 

include legal services relating to 

requests for corrections to military 

records of a former member of the 

Armed Forces under 10 U.S.C. 1552. We 

believe this is an appropriate legal 

service to add under this grant program 

due to the language in 38 U.S.C. 1553 

that limits requests for upgrades to those 

who have been discharged or dismissed 

within the prior 15 years. We believe it 

is appropriate to add legal assistance 

with section 1552 requests so that those 

former members who were discharged 

or dismissed more than 15 years prior 

are able to receive legal assistance with 

their correction of military records or 

requests for upgrades, similar to those 

who were discharged or dismissed 

within the prior 15 years. This would 

allow grantees to assist eligible veterans 

with requests submitted to DRBs and 

BCMRs. 

We believe that this change is a 

logical outgrowth of the IFR and does 

not warrant an additional comment 

period because the change is directly 

related to a concern presented by a 

commenter and is otherwise within the 

scope of the IFR. Further, the IFR 

provided, in 38 CFR 79.20, that covered 

legal services would include ‘‘[o]ther 

covered legal services as determined 

appropriate by the Secretary,’’ and this 

change merely reflects the exercise of 

that authority expressly stated in the 

IFR. 

We would not limit assistance with 10 

U.S.C. 1552 requests to only requests for 

upgrades since the statute is broader 

than requests for upgrades. Former 

members of the Armed Forces, 

regardless of when they were discharged 

or dismissed, are able to request 

corrections to other military records 

under section 1552, and we would 

allow grantees to use funds to provide 

assistance with such requests. We make 

no further changes based on this 

comment. 

Applications (38 CFR 79.25) and 

Scoring Criteria (38 CFR 79.35) 

Another commenter asked what 

documentation is needed as proof of 

previous services rendered. We assume 

this commenter is referring to the 

language in the sections of part 79 

concerning applications for legal 

services grants (§ 79.25) and scoring 

criteria for legal services grant 

applicants (§ 79.35). Section 79.25(a)(6) 

explains that a complete legal services 

grant application package includes 

documentation describing the 

experience of the applicant and any 

identified subcontractors in providing 

legal services to eligible veterans. 

Section 79.35(a)(2)(ii) explains that as 

part of scoring applications, VA will use 

criteria including whether the applicant, 

and any identified subcontractors, have 

experience providing legal services, 

including providing such services to 

veterans, or individuals who are 

homeless, at risk for homelessness or 

who have very low income. 

As part of the application process, we 

do not require specific documentation 

to be provided regarding prior 

experience. However, as part of the 

application, applicants can provide 

information and documents to support 

their prior experience, which we will 

review when scoring applications. For 

example, in the application form, we 

included a section in which applicants 

can explain their prior experience. 

Additionally, we will review such 

documents as memoranda of 

understanding, memoranda of 

agreement, staff resumes, position 

descriptions, and any other documents 

the applicant submits as part of their 

application. 

Since we do not require any specific 

documentation to support an applicant’s 

prior experience, we do not revise these 

regulations. 

General Operation Requirements 

Another commenter recommended 

VA eliminate the requirement in 

§ 79.55(d)(1) that grantees disclose VA 

as a funding source, as it could cause 

confusion and create a barrier to legal 

services. While we understand the 

commenter’s concerns, this is standard 

practice for our grant programs (and 

statutorily required for some of our 

grant programs), and we believe that 

disclosing this is important information 

that eligible veterans should be aware 

of, particularly as this can positively 

impact their relationship and 

interactions with VA. Thus, we do not 

make any changes based on this 

comment. 

Other Comments 

One commenter recommended that 

the NOFO state that a pass-through 

entity is an eligible entity. This same 

commenter also recommended VA have 

a central prime awardee and suggested 

VA provide a higher cap (more than 

$150k) on the amount of funds that can 

be awarded to those entities applying as 

pass-through entities. 

While the comment concerns the 

NOFO, and thus is considered outside 

the scope of this rulemaking, we note 

that the NOFO will address whether 

applicants can operate as a pass-through 

entity if awarded a grant under this 

grant program. We are not awarding 

grants to organizations that would 

operate as a central prime awardee 

because we do not believe it would be 

appropriate for a single agency to 

administer this grant program on behalf 

of VA. While the commenter references 

a cap of $150,000, we did not set forth 

in regulation any cap on the amount of 

funds we will award grantees. Instead, 

we stated that this information on 

estimated amounts of legal services 

grant funding available, including the 

maximum grant funding available per 

award, would be included in the NOFO. 

See 38 CFR 79.65(c). As there is no such 

cap in the regulations, particularly as 

the funds available and awarded can 

vary annually, we make no changes 

based on this comment. 

Lastly, this commenter also 

recommended that funds under this 

program be allowed to cover attorney 

training and professional development 

and that this be clarified in the NOFO. 

While we make no changes to the 

regulation based on this comment, we 

would allow grantees to use legal funds 

for attorney training and professional 

development. However, those costs 

must be covered under the 

administrative costs. We will provide 

further guidance on such allowable 

administrative costs, including attorney 

training and professional development, 

in the program guidance and through 

technical assistance. 

One commenter expressed their 

support for the rule but suggested that 

VA require its employees to provide 

information on this grant program if 

domestic violence is disclosed to them. 

This comment is outside the scope of 

this rulemaking, and such a requirement 

would be more appropriate for internal 

VA policy. We will work with VA’s 

Intimate Partner Violence Assistance 

Program to ensure they have 

information on this program that can be 

shared with veterans if domestic 

violence is disclosed to VA employees. 

We make no changes to part 79 based 

on this comment. 

Two commenters, who identified as 

veterans, separately expressed their 

need for assistance as they were at risk 

for homelessness. While we consider 

these comments outside the scope of the 

rulemaking, to the extent these 

commenters provided contact 

information, VA did reach out to them. 

We further encourage these veterans and 

others who may be in similar situations 

to contact their nearest VA facility for 

further assistance in addressing their 

needs. We also refer such veterans to 

VA’s website for additional information 

on VA’s homeless programs. See https:// 

www.va.gov/homeless. We do not make 

any changes to part 79 based on these 

comments. 


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Changes to 38 CFR Part 79 Not Based 

on Comments 

VA makes several changes not based 

on comments. These do not create any 

burdens or restrictions on grantees 

under this grant program and address 

issues VA has identified with 

implementation. Several of these 

changes remove requirements and 

limitations that would restrict grantees 

and their ability to effectively provide 

legal services under this grant program. 

These changes are a logical outgrowth 

from the IFR, and even if they are not, 

given their nature, advance notice and 

the opportunity to comment is 

unnecessary under the terms of 5 U.S.C. 

553(b)(B). 

Changes to § 79.10(c) 

Pursuant to 38 U.S.C. 2022A(c), VA 

established in 38 CFR 79.10 the criteria 

for an entity to be considered an eligible 

entity under part 79. One such entity 

that is eligible for a grant under part 79 

is a non-profit private entity. However, 

Congress did not define this term in 38 

U.S.C. 2022A. Thus, as explained in the 

IFR, VA defined non-profit private 

entity to mean an entity that meets the 

requirements of 26 U.S.C. 501(c)(3) or 

(19). 87 FR 33028. These are 

designations used by the Internal 

Revenue Service for purposes of tax 

exemptions and include such entities as 

corporations; foundations; and certain 

posts and organizations of members of 

the Armed Forces; in which no part of 

the net earnings inure to the benefit of 

any private shareholder or individual. 

Id. 

When we promulgated the IFR, we 

believed that non-profit private entities, 

such as bar associations, that specialize 

in providing legal services to veterans 

who are homeless or at risk for 

homelessness, including Native 

veterans, women veterans, and those 

who live in rural areas, would meet the 

requirements of 38 CFR 79.10(c). 

However, since implementing part 79, 

we have found that such entities may 

not be eligible to apply for, or receive, 

a grant because they do not meet the 

criteria of a non-profit private entity, as 

defined in 38 CFR 79.10(c), nor do they 

meet any other criteria to be considered 

an eligible entity under § 79.10. Instead, 

such entities may meet the requirements 

of 26 U.S.C. 501(c)(6), which refers to 

business leagues, chambers of 

commerce, real-estate boards, boards of 

trade, or professional football leagues 

(whether or not administering a pension 

fund for football players), not organized 

for profit and no part of the net earnings 

of which inures to the benefit of any 

private shareholder or individual. 

To ensure that such entities are 

eligible to apply for, and receive, a grant 

under part 79, we revise 38 CFR 79.10(c) 

to include non-profit private entities 

that meet the requirements of 26 U.S.C. 

501(c)(6). While we did not receive any 

comments on this issue, we consider 

this change to be removing a restriction 

in its regulation that excludes other 

non-profit private entities that 

commonly provide legal services from 

applying for, and receiving, a grant. 

These entities such as bar associations 

are important to the implementation of 

this grant program, as they would likely 

have the capacity to effectively 

administer a grant under part 79 and 

often provide legal services to those 

who may not otherwise have access to 

such services, such as those who are 

homeless or at risk for homelessness. 

We believe this revision to 38 CFR 

79.10(c) thus aligns with the intent of 

the 38 U.S.C. 2022A(a) and (c), as VA 

is required to award grants to eligible 

entities that provide legal services to 

homeless veterans and veterans at risk 

for homeless, and VA may only award 

grants if the applicant is a public or 

nonprofit private entity with the 

capacity (as determined by the 

Secretary) to effectively administer a 

grant under section 2022A (emphasis 

added). 

Changes to §§ 79.25, 79.75, and 79.95 

Sections 79.75 and 79.95 include 

information collections subject to the 

Paperwork Reduction Act (PRA). When 

the IFR published, these information 

collections had not yet been approved 

by the Office of Management and 

Budget (OMB). In §§ 79.75 and 79.95, 

we thus included language noting that 

OMB had approved the information 

collection provisions in these sections 

but did not identify specific control 

numbers. However, these information 

collections have been approved and 

designated with control numbers. Thus, 

in this final rule, we revise the language 

in §§ 79.75 and 79.95 to state that OMB 

has approved the information collection 

provisions in this section under control 

number 2900–0905. 

Additionally, we are amending 

§ 79.25 to state that OMB has approved 

the information collection provisions in 

this section under control number 

2900–0905. We inadvertently left this 

sentence out of the section when we 

published the IFR. As § 79.25 addresses 

applications, which are subject to PRA, 

we now add this language to reflect the 

approved collection. 

Changes to § 79.80 

Section 79.80 explains that faithbased organizations are eligible to 

participate in the Legal Services for 

Homeless Veterans and Veterans AtRisk for Homelessness Grant Program 

and describes the conditions for use of 

these grants as they relate to religious 

activities. Subsequent to the publication 

of the interim final rule establishing part 

79, VA finalized regulations updating 38 

CFR part 50. See 89 FR 15671 (March 

4, 2024). Part 50 also explains that faithbased organizations are eligible to 

participate in VA’s grant-making 

programs on the same basis as any other 

organizations, that VA will not 

discriminate against faith-based 

organizations in the selection of service 

providers, and that faith-based and 

other organizations may request 

accommodations from program 

requirements and may be afforded such 

accommodations in accordance with 

Federal law. Because all VA grant 

programs, including the grant program 

in part 79, are subject to part 50, we 

revise 38 CFR 79.80 to refer to part 50 

rather than restate the provisions of part 

50. Thus, in the event that part 50 is 

further amended, we would not need to 

amend part 79. 

We do not regard notice and comment 

on this change as necessary because the 

public was already given notice and an 

opportunity to comment as part of the 

rulemaking to amend part 50. 

Relatedly, we also remove in 38 CFR 

79.5 the terms ‘‘Direct Federal financial 

assistance’’ and ‘‘Indirect Federal 

financial assistance’’ and their 

definitions, as such terms and 

definitions were only included in § 79.5 

to define the use of these terms in 

§ 79.80. Since we are revising § 79.80 to 

reference 38 CFR part 50, as explained 

above, and current part 50 includes 

definitions for these terms, we remove 

these terms and their definitions from 

38 CFR 79.5 as they will no longer be 

used in part 79. 

Changes to 38 CFR 79.90 

Section 79.90 describes financial 

management and administrative costs 

related to this grant program. Paragraph 

(d) limits the administrative costs to no 

more than 10 percent of the total 

amount of the legal services grant. This 

10 percent cap aligned with other VA 

grant programs such as the Supportive 

Services for Veteran Families program 

(see 38 CFR 62.10), as well as 2 CFR 

200.414(f), which sets the de minimis 

rate for indirect costs (also commonly 

referred to as administrative costs) for 

non-Federal entities that receive Federal 

financial assistance. Effective October 1, 

2024, the rate in § 200.414(f) will 

increase from 10 percent to 15 percent. 

See 89 FR 30046 (April 22, 2024). 


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Additionally, 2 CFR 200.414(c) 

requires that negotiated rates for 

indirect costs between one Federal 

awarding agency and a grantee must be 

accepted by all Federal awarding 

agencies unless a different rate is 

required by statute or regulation. Thus, 

in instances when a legal services 

grantee has negotiated with another 

Federal awarding agency a rate other 

than the de minimis rate set forth in 

§ 200.414(f), VA could accept that rate 

pursuant to § 200.414(f). However, as 

VA established the 10 percent rate in 

current 38 CFR 79.90(d), VA is unable 

to accept any negotiated rates a grantee 

may have with another Federal 

awarding agency. This could limit the 

number of organizations to which VA 

could provide funds under this instant 

grant program, as some organizations, 

including those who have current and/ 

or past experience providing the 

services authorized under this grant 

program, may choose not to apply for a 

grant under part 79. 

Thus, VA is revising § 79.90(d) to 

state ‘‘Costs for administration by a 

grantee will be consistent with 2 CFR 

part 200.’’ This will provide VA 

flexibility to quickly implement the 15 

percent as the de minimis rate for 

indirect costs, and any subsequent 

changes to that rate, in § 200.414(f) 

without first having to conduct 

rulemaking to change 38 CFR part 79. 

VA would not reference the specific 

section of 2 CFR part 200 as that is 

subject to change. 

This will also allow VA to utilize 

negotiated rates pursuant to § 200.414(f), 

as applicable, which will align VA with 

other Federal agencies who provide 

funds to organizations for the similar 

type of services that are authorized 

under this instant grant program, as VA 

will be able to apply the negotiated rate 

pursuant to 2 CFR 200.414(c), when 

applicable. This revision will also align 

the instant grant program with similar 

changes VA is making to other grant 

programs, such as the Sergeant Parker 

Gordon Fox Suicide Prevention Grant 

program. See for example, 38 CFR 

78.140(d). 

This change is within VA’s discretion 

under 38 U.S.C. 2022A(b), which 

requires VA to establish criteria and 

requirements for grants under [such] 

section. Section 2022A does not place 

limits on the percentage of the grants 

funds that may be used for 

administrative costs. VA makes no 

further changes to 38 CFR 79.90. 

Administrative Procedure Act 

VA has considered all relevant input 

and information contained in the 

comments submitted in response to the 

IFR (87 FR 33025) and, for the reasons 

set forth in the foregoing responses to 

those comments, has concluded that 

changes to the IFR are warranted based 

on those comments. VA is also making 

changes to the regulation, as explained 

above, that do not require notice and 

comment before implementation. These 

changes are a logical outgrowth from the 

IFR, and even if they are not, they 

relieve limitations and requirements 

previously established through the IFR, 

and advance notice and opportunity to 

comment is unnecessary under the 

terms of 5 U.S.C. 553(b)(B) because the 

amendments generally align with the 

statutory authority and do not create 

any burdens or restrictions on grantees 

under this program. Changes to 38 CFR 

79.80 were already effectively subject to 

notice and comment as well through the 

rulemaking to amend part 50, as 

discussed above. Accordingly, based 

upon the authorities and reasons set 

forth in issuing the IFR (87 FR 33025), 

as supplemented by the additional 

reasons provided in this document in 

response to comments received and 

based on the rationale set forth in this 

rule, VA is adopting the provisions of 

the IFR as a final rule with changes. 

Executive Orders 12866, 13563, and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review) directs 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 

14094 (Executive Order on Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in 

Executive Order 12866 of September 30, 

1993 (Regulatory Planning and Review), 

and Executive Order 13563 of January 

18, 2011 (Improving Regulation and 

Regulatory Review). The Office of 

Information and Regulatory Affairs has 

determined that this rulemaking is not 

a significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this 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 

(5 U.S.C. 601–612). This final rule will 

only impact those entities that choose to 

participate in the Legal Services for 

Homeless Veterans and Veterans AtRisk for Homelessness Grant Program. 

Small entity applicants will not be 

affected to a greater extent than large 

entity applicants. Small entities must 

elect to participate. To the extent this 

final rule would have any impact on 

small entities, it would not have an 

impact on a substantial number of small 

entities. Therefore, pursuant to 5 U.S.C. 

605(b), the initial and final regulatory 

flexibility analysis requirements of 5 

U.S.C. 603 and 604 do not apply. 

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 final rule will have no 

such effect on State, local, and Tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) requires that VA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. Except for 

emergency approvals under 44 U.S.C. 

3507(j), VA may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The interim final rule included 

provisions constituting new collections 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521) that required approval by OMB 

(the provisions in the interim final rule 

are 38 CFR 79.25, 79.75, and 79.95). 

Accordingly, under 44 U.S.C. 3507(d), 

VA submitted a copy of the IFR to OMB 

for review, and VA requested that OMB 

approve the collections of information 

on an emergency basis. VA did not 

receive any comments on the collections 

of information contained in the interim 

final rule. OMB approved the 

collections of information under control 

number 2900–0905. 


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Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations 89501 

Assistance Listing 

The Assistance Listing numbers and 

titles for the programs affected by this 

document are 64.056. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), the Office of Information and 

Regulatory Affairs designated this rule 

as not satisfying the criteria under 5 

U.S.C. 804(2). 

List of Subjects in 38 CFR Part 79 

Administrative practice and 

procedure; Grant programs-social 

services; Grant programs-veterans; 

Homeless; Legal services; Public 

assistance programs; Reporting and 

recordkeeping requirements; Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on October 31, 2024, 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. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons stated in the 

preamble, the interim rule amending 38 

CFR chapter 1, which was published at 

87 FR 33025 (June 1, 2022), is adopted 

as final with the following changes: 

PART 79—LEGAL SERVICES FOR 

HOMELESS VETERANS AND 

VETERANS AT-RISK FOR 

HOMELESSNESS GRANT PROGRAM 

■ 1. The general authority citation for 

part 79 continues to read as follows: 

Authority: 38 U.S.C. 501, 38 U.S.C. 2022A, 

and as noted in specific sections. 

§ 79.5 [Amended] 

■ 2. Amend § 79.5 by removing the 

definitions of ‘‘Direct Federal financial 

assistance’’ and ‘‘Indirect Federal 

financial assistance’’. 

§ 79.10 [Amended] 

■ 3. Amend § 79.10 in paragraph (c) by 

removing ‘‘26 U.S.C. 501(c)(3) or (19)’’ 

and adding in its place ‘‘26 U.S.C. 

501(c)(3), (6), or (19)’’. 

■ 4. Amend § 79.20 by revising 

paragraph (d) and adding paragraph 

(f)(6) to read as follows: 

§ 79.20 Legal services. 

* * * * * 

(d) Legal services relating to criminal 

defense, including defense and 

resolution of, and assistance with, 

matters symptomatic of homelessness, 

such as outstanding warrants, fines, 

driver’s license revocation, and 

citations. To reduce recidivism and 

facilitate the overcoming of reentry 

obstacles in employment or housing, 

covered legal services relating to 

criminal defense also include legal 

assistance with requests to expunge or 

seal a criminal record. 

* * * * * 

(f) * * * 

(6) Legal services relating to requests 

for corrections to military records of a 

former member of the Armed Forces 

under 10 U.S.C. 1552. 

■ 5. Amend § 79.25 by adding an 

information collection authority to the 

end of the section to read as follows: 

§ 79.25 Application for legal services 

grants. 

* * * * * 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–0905) 

§ 79.75 [Amended] 

■ 6. Amend § 79.75 in the information 

collection authority at the end of the 

section by removing ‘‘2900–TBD’’ and 

adding in its place ‘‘2900–0905’’. 

■ 7. Revise § 79.80 to read as follows: 

§ 79.80 Faith-based organizations. 

Organizations that are faith-based are 

eligible, on the same basis as any other 

organization, to participate in the Legal 

Services for Homeless Veterans and 

Veterans At-Risk for Homelessness 

Grant Program under this part in 

accordance with 38 CFR part 50. 

■ 8. Amend § 79.90 by revising the first 

sentence of paragraph (d) to read as 

follows: 

§ 79.90 Financial management and 

administrative costs. 

* * * * * 

(d) Costs for administration by a 

grantee will be consistent with 2 CFR 

part 200. * * * 

§ 79.95 [Amended] 

■ 9. Amend § 79.95 in the information 

collection authority at the end of the 

section by removing ‘‘2900–TBD’’ and 

adding in its place ‘‘2900–0905’’. 

[FR Doc. 2024–25964 Filed 11–12–24; 8:45 am] 

BILLING CODE 8320–01–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 300–2, 302–2, 302–3, and 

302–15 

[FTR Case 2023–01; Docket No. GSA–FTR– 

2024–0009, Sequence No. 1] 

RIN 3090–AK75 

Federal Travel Regulation; Removing 

References to Title and Narrative 

Format and Other Changes Addressing 

Relocation 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The Federal Travel Regulation 

(FTR) was originally written in title and 

narrative format. The entire FTR has 

since been re-written in question and 

answer format to align with plain 

language standards. This final rule 

removes the remaining references to the 

defunct title and narrative format, 

clarifies the applicability of the FTR, 

and clarifies multiple provisions 

regarding relocation authorization and 

allowances. Finally, the final rule makes 

various editorial changes to better align 

the regulatory question with its 

corresponding answer. 

DATES: Effective date: December 13, 

2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ed Davis, Program Analyst, Office of 

Government-wide Policy, at 202–669– 

1653 or travelpolicy@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite ‘‘FTR 

Case 2023–01.’’ 

SUPPLEMENTARY INFORMATION: 

I. Background 

Consistent with Executive Order 

12866, Regulatory Planning and Review, 

and the June 1, 1998, Memorandum on 

Plain Language in Government Writing, 

and its implementing guidance, GSA 

began rewriting the FTR in plain 

language, which resulted in format 

changes from title and narrative to 

question and answer. On August 21, 

2014, with FTR Amendment 2014–01 

(79 FR 49640), GSA changed the last 

remaining part of the FTR to question 

and answer format. However, outdated 

references to title and narrative format 

in FTR part 300–2 still remain; this final 

rule removes them. 

This final rule also refines the answer 

to the question ‘‘Who is subject to the 

FTR,’’ clarifying that, as to executive 


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