Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 33025 

service provider have an agreement 

governed by 38 U.S.C. 8153 or any other 

applicable authority in title 38, United 

States Code, a non-VA facility may 

provide— 

(i) A surgical procedure and care and 

services described in paragraph (c) of 

this section; or 

(ii) Non-hospital care or non-medical 

services described and otherwise 

reimbursable under paragraph (d) of this 

section. 

(2) The prospective live donor or live 

donor is eligible for hospital care and 

medical services, or travel services, at a 

non-VA facility solely for the procedure, 

care, and services described in 

paragraphs (c) and (d) of this section as 

governed by an agreement described in 

paragraph (e)(1) of this section. 

(f) Participation terminated without 

completion of the intended recipient’s 

transplantation procedure. (1) VA will 

provide the prospective live donor or 

live donor the care and services 

described in this section for any VAauthorized participation in the intended 

recipient’s organ or bone marrow 

transplantation process even if the 

transplantation procedure for which the 

prospective live donor or live donor 

volunteered to donate a solid organ, part 

of a solid organ, or bone marrow is not 

completed. 

(2) A prospective live donor or a live 

donor may withdraw his or her 

informed consent at any time and for 

any reason. In the case of revocation of 

consent, VA will pay all the costs 

authorized under this section for the 

prospective live donor or live donor up 

until when the donor revokes consent 

and ends his or her participation. 

(g) Limitation on VA obligation in 

kidney paired donations. In kidney 

paired donations, VA’s obligation to 

provide any procedure, hospital care, or 

medical services under this section 

extends: 

(1) To the initial prospective live 

donor who elects to participate in a 

kidney paired donation matching 

program, but only for the examinations, 

tests, and studies described in 

paragraph (c)(1) of this section for a 

prospective live donor before kidney 

removal. 

(2) To the live donor whose kidney 

the intended recipient will receive or 

has received but only for the services 

described in paragraphs (c)(2) and (3) of 

this section. 

[FR Doc. 2022–10764 Filed 5–31–22; 8:45 am] 

BILLING CODE 8320–01–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: Interim final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) issues this rule 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. This new grant 

program is within the continuum of 

VA’s homeless services programs. This 

rulemaking specifies grant eligibility 

criteria, application requirements, 

scoring criteria, constraints on the 

allocation and use of the funds, and 

other requirements necessary to 

implement this grant program. 

DATES:

Effective date: This interim final rule 

is effective July 1, 2022. 

Comment date: Comments must be 

received on or before August 1, 2022. 

ADDRESSES: Comments must be 

submitted through 

www.Regulations.gov. Comments 

received will be available at 

regulations.gov for public viewing, 

inspection or copies. Comments 

received will be available at 

regulations.gov for public viewing, 

inspection or copies. 

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: 

Background on Governing Statute and 

Public Input 

On January 5, 2021, the Johnny 

Isakson and David P. Roe, M.D. Veterans 

Health Care and Benefits Improvement 

Act of 2020, Public Law 116–315 (the 

Act) was enacted in law to improve the 

lives of veterans during the COVID–19 

pandemic and beyond. Several sections, 

including section 4202, of the Act were 

created to better serve veterans who are 

struggling with homelessness or housing 

insecurity. Id. Section 4202 of the Act, 

codified at section 2022A of title 38, 

United States Code (U.S.C.), directs the 

Secretary of Veterans Affairs (Secretary) 

to award grants to eligible entities to 

provide legal services to homeless 

veterans and veterans at risk for 

homelessness. 

The Act requires that VA, in 

establishing criteria and requirements 

for grants under section 4202 of the Act, 

consult with organizations that have 

experience in providing services to 

homeless veterans. Therefore, in March 

2021, we solicited feedback from 

selected veteran service organizations, 

Equal Justice Works (EJW), and other 

legal services organizations with 

experience in providing services to 

homeless veterans via email. VA 

requested information in five areas: (1) 

Criteria and requirements necessary to 

carry out this grant program in rural 

communities, on trust lands, or in 

territories and possessions of the United 

States; (2) types of legal services VA 

should consider authorizing as part of 

this grant program; (3) evaluation 

criteria VA should consider using to 

assess the operational effectiveness and 

cost effectiveness of this grant program; 

(4) general criteria and requirements 

that VA should have for this grant 

program; and (5) criteria that VA require 

for eligible entities to receive grants 

under this grant program. We received 

input from 13 organizations. The 

majority of the comments centered on: 

(1) Definitions that should be included 

in the regulation (§ 79.5) and/or Notice 

of Funding Opportunity (NOFO); (2) the 

types of legal services that should be 

provided to eligible veterans to include 

an expanded view of issues impacting 

the veteran population that may not be 

seen as directly tied to housing 

instability, such as consumer debt 

issues and income support services 

(§ 79.20); (3) scoring criteria 

considerations, which focused on an 

applicant’s connections to a community, 

ability to work with other organizations, 

and cultural competence with the 

affected population being served 

(§ 79.35); and (4) metrics the legal 

services programs could use for VA to 

determine their cost and operational 

effectiveness. The feedback received is 

publicly available online at 

www.regulations.gov. 

Part 79, of Title 38, Code of Federal 

Regulations 

Through this interim final rule, VA 

establishes and implements, in new part 

79 of title 38, Code of Federal 

Regulations (CFR), the Legal Services for 

Homeless Veterans and Veterans AtRisk for Homelessness Grant Program 

(hereinafter referred to as the ‘‘Grant 

Program’’). Establishment of this new 

part ensures organization and clarity for 


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implementation of this new grant 

program. By issuance of the regulations 

in this new part, VA implements the 

Grant Program to award grants to 

eligible entities who will provide legal 

services to eligible veterans. The content 

of this new part is described in detail 

below. 

Consistent with section 4202 of the 

Act, part 79 is titled the Legal Services 

for Homeless Veterans and Veterans AtRisk for Homelessness Grant Program. 

Section 79.0 Purpose and Scope 

Section 79.0 explains the purpose and 

scope of part 79. Paragraph (a) states 

that the purpose of this part is to 

implement the Legal Services for 

Homeless Veterans and Veterans AtRisk for Homelessness Grant Program. 

This Grant Program authorizes VA to 

award legal services grants to eligible 

entities to provide legal services to 

eligible veterans. This is consistent with 

the intent and purpose of section 4202 

of the Act. 

Paragraph (b) states that legal services 

covered by this part are those services 

that address the needs of eligible 

veterans who are homeless or at risk for 

homelessness. This is consistent with 

the intent and purpose of the Grant 

Program described in section 4202 of 

the Act. 

Section 79.5 Definitions 

Section 79.5 contains the definitions 

for key terms that apply to the new part 

79 and to any Notice of Funding 

Opportunity (NOFO) for this Grant 

Program. The definitions are listed in 

alphabetical order, beginning with the 

definition of applicant. 

VA defines applicant to mean an 

eligible entity that submits an 

application for a legal services grant 

announced in a NOFO. VA is defining 

applicant in this manner since only an 

eligible entity, as specified in § 79.10, 

may submit an application for a legal 

services grant under this part in 

accordance with § 79.25. This definition 

is based also on a plain language 

understanding of this term and is 

consistent with other grant programs 

that VA administers, such the 

Supportive Services for Veteran 

Families (SSVF) Program. See 38 CFR 

62.2. As explained in § 79.25, VA will 

require submission of an application 

similar to other grant programs that VA 

administers. 

VA defines at risk for homelessness to 

mean an individual who meets the 

criteria identified in § 79.15(b). 

VA defines direct Federal financial 

assistance to mean Federal financial 

assistance received by an entity selected 

by the Government or a pass-through 

entity as defined in 38 CFR 50.1(d) to 

provide or carry out a service (e.g., by 

contract, grant, or cooperative 

agreement). This term is used for 

purposes of § 79.80 pertaining to faithbased organizations and is consistent 

with how VA defines this in the SSVF 

Program. See 38 CFR 62.62. 

VA defines disallowed costs as costs 

charged by a grantee that VA determines 

to be unallowable based on applicable 

Federal cost principles or based on this 

part or the legal services grant 

agreement. This is consistent with how 

VA defines this term in the SSVF 

Program. See 38 CFR 62.2. This term is 

used for purpose of grant closeout 

procedures in § 79.115. 

VA defines eligible entity to mean an 

entity who meets the requirements of 

§ 79.10. 

VA defines eligible veteran as a 

veteran that meets the requirements of 

§ 79.15(a) or (b). As discussed later in 

this rulemaking, § 79.15 describes the 

eligibility criteria to be an eligible 

veteran under part 79. 

VA defines grantee as an eligible 

entity that is awarded a legal services 

grant under this part. This is consistent 

with how VA defines grantee for other 

VA grant programs and is consistent 

with the plain meaning of this term. 

Consistent with 38 U.S.C. 2002(a)(1), 

VA defines homeless veteran to mean a 

veteran who is homeless as that term is 

defined in subsection (a) or (b) of 

section 103 of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 

11302). 

For the purposes of this part, Indian 

tribe means an Indian tribe as defined 

in 25 U.S.C. 4103. Section 4103(13)(A) 

of title 25, U.S.C., defines Indian tribe 

in general to mean a tribe that is a 

Federally or a State recognized tribe. 

Section 4103(13)(B) of title 25, U.S.C., 

further defines Federally recognized 

tribe to mean any Indian tribe, band, 

nation, or other organized group or 

community of Indians, including any 

Alaska Native village or regional or 

village corporation as defined in or 

established pursuant to the Alaska 

Native Claims Settlement Act (43 U.S.C. 

1601 et seq.), that is recognized as 

eligible for the special programs and 

services provided by the United States 

to Indians because of their status as 

Indians pursuant to the Indian SelfDetermination and Education 

Assistance Act (25 U.S.C. 450 et seq.). 

Section 4103(13)(C) of title 25, U.S.C., 

also defines State recognized tribe to 

mean any tribe, band, nation, pueblo, 

village, or community—(1) that has been 

recognized as an Indian tribe by any 

State; and (2) for which an Indian 

Housing Authority has, before the 

effective date under section 705, entered 

into a contract with the Secretary of 

Housing and Urban Development 

pursuant to the United States Housing 

Act of 1937 (42 U.S.C. 1437 et seq.) for 

housing for Indian families and has 

received funding pursuant to such 

contract within the 5-year period ending 

upon such effective date. This definition 

also includes certain conditions set 

forth in 25 U.S.C. 4103(13)(C)(ii). 

VA defines indirect Federal financial 

assistance to mean Federal financial 

assistance in which a service provider 

receives program funds through a 

voucher, certificate, agreement or other 

form of disbursement, as a result of the 

genuine, independent choice of a 

participant. This term is used for 

purposes of § 79.80 and is consistent 

with how VA defines this in the SSVF 

Program. See 38 CFR 62.62. 

VA defines legal services as those 

services listed in § 79.20. This is 

consistent with 38 U.S.C. 2022A(d) 

regarding the use of funds under section 

4202 of the Act. 

VA defines legal services grant as a 

grant awarded under this part. This 

definition is based on the plain language 

understanding of this term. 

VA defines legal services grant 

agreement as the agreement executed 

between VA and a grantee as specified 

under § 79.70. This definition is based 

on the plain language understanding of 

this term and is consistent with the 

definition of similar terms in other VA 

regulations. See § 62.2. 

VA defines a non-profit private entity 

as an entity that meets the criteria in 

§ 79.10(c). 

VA defines notice of funding 

opportunity (NOFO) using the meaning 

given to this term in 2 CFR 200.1. 

Section 200.1 defines NOFO to mean a 

formal announcement of the availability 

of Federal funding through a financial 

assistance program from a Federal 

awarding agency. The NOFO provides 

information on the award, who is 

eligible to apply, the evaluation criteria 

for selection of an awardee, required 

components of an application, and how 

to submit the application. The NOFO is 

any paper or electronic issuance that an 

agency uses to announce a funding 

opportunity, whether it is called a 

‘‘program announcement,’’ ‘‘notice of 

funding availability,’’ ‘‘broad agency 

announcement,’’ ‘‘research 

announcement,’’ ‘‘solicitation,’’ or some 

other term. Part 200 of 2 CFR establishes 

the uniform administrative 

requirements, cost principles, and audit 

requirements for Federal awards to nonFederal entities. This grant program 

would be subject to the requirements of 

2 CFR part 200. 


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VA defines participant to mean an 

eligible veteran who is receiving legal 

services from a grantee under this part. 

This definition is necessary for purposes 

of understanding part 79 and the Grant 

Program. 

VA defines public entity to mean an 

entity that meets the criteria in 

§ 79.10(b). 

VA defines rural communities to 

mean those communities considered 

rural according to the Rural-Urban 

Commuting Area (RUCA) system as 

determined by the United States 

Department of Agriculture (USDA). VA 

will use this term and its definition for 

purposes of prioritizing the distribution 

of grants to rural communities pursuant 

to section 4202 of the Act. For more 

information on RUCA, please refer to 

https://www.ers.usda.gov/dataproducts/rural-urban-commuting-areacodes/. 

VA defines State to mean any of the 

several States of the United States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, any 

territory or possession of the United 

States, or any agency or instrumentality 

of a State exclusive of local 

governments. This is consistent with the 

definition of State as used in 38 U.S.C. 

101(20) and in the SSVF Program (see 

§ 62.2). This is also consistent with the 

definition of State as used in 2 CFR 

200.1. 

VA defines subcontractor to mean any 

third-party contractor, of any tier, 

working directly for an eligible entity. 

VA defines suspension to mean an 

action by VA that temporarily 

withdraws VA funding under a legal 

services grant, pending corrective action 

by the grantee or pending a decision to 

terminate the legal services grant by VA. 

Suspension of a legal services grant is a 

separate action from suspension under 

VA regulations or guidance 

implementing Executive Orders 12549 

and 12689, ‘‘Debarment and 

Suspension.’’ This definition is 

consistent with the SSVF Program’s 

definition for this term. See § 62.2. 

However, with regards to implementing 

Executive Orders 12549 and 12689, VA 

has added the word guidance, as not all 

of VA’s implementations of Executive 

Orders are regulatory. 

Tribal organization has the meaning 

given that term in 25 U.S.C. 5304. 

Section 5304 defines a tribal 

organization as the recognized 

governing body of any Indian tribe; any 

legally established organization of 

Indians which is controlled, sanctioned, 

or chartered by such governing body or 

which is democratically elected by the 

adult members of the Indian community 

to be served by such organization and 

which includes the maximum 

participation of Indians in all phases of 

its activities: Provided, that in any case 

where a contract is let or grant is made 

to an organization to perform services 

benefiting more than one Indian tribe, 

the approval of each such Indian tribe 

shall be a prerequisite to the letting or 

making of such contract or grant. This 

definition is consistent with the 

reference to tribal organizations in 

section 4202 of the Act. 

Trust land has the meaning given that 

term in 38 U.S.C. 3765. Section 3765 

defines trust land to mean any land that 

(A) is held in trust by the United States 

for Native Americans; (B) is subject to 

restrictions on alienation imposed by 

the United States on Indian lands 

(including native Hawaiian homelands); 

(C) is owned by a Regional Corporation 

or a Village Corporation, as such terms 

are defined in section 3(g) and 3(j) of the 

Alaska Native Claims Settlement Act, 

respectively (43 U.S.C. 1602(g), (j)); or 

(D) is on any island in the Pacific Ocean 

if such land is, by cultural tradition, 

communally-owned land, as determined 

by the Secretary. 

VA defines very low income to mean 

a veteran’s income is 50 percent or less 

of the median income for an area or 

community. This is consistent with the 

definition of very low-income veteran 

family used for purposes of the SSVF 

Program but tailored to individuals for 

purposes of this program. See 38 U.S.C. 

2044(f)(6). VA believes that 

incorporating an eligible entity’s 

experience with low-income 

populations as an alternative criterion 

will be helpful in determining 

organizations’ familiarity with 

populations similar to those targeted by 

the Grant Program, homeless veterans 

and veterans who are at risk for 

homelessness. We note that this term is 

used throughout part 79, including 

§ 79.35 regarding scoring criteria for 

legal services grant applicants and 

§ 79.40 regarding preferences for 

selection of grantees. We note that an 

individual is not required to be 

considered very low income to be 

eligible for receive legal services 

provided pursuant this Grant Program. 

See § 79.15 for eligibility criteria. 

Veteran has the same meaning given 

that term under 38 U.S.C. 101(2). 

Section 101 of title 38, U.S.C., 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. This term is 

used for purposes of identifying eligible 

veterans as defined in § 79.15 in this 

part. 

VA defines withholding to mean that 

payment of a legal services grant will 

not be paid until such time as VA 

determines that the grantee provides 

sufficiently adequate documentation 

and/or actions to correct a deficiency for 

the legal services grant. This term is 

defined in this manner as it is intended 

to provide a general description of how 

this term is used in 2 CFR part 200, 

which governs VA grant programs 

including the legal services grant 

program. This term relates to 

withholding payment of a legal services 

grant pursuant to § 79.110, described 

later in this rulemaking. 

Section 79.10 Eligible Entities 

Consistent with 38 U.S.C. 2022A(c), 

§ 79.10 provides the criteria for an entity 

to be considered an eligible entity. 

Paragraph (a) provides that, in order to 

be an eligible entity under this part, the 

entity must (1) be a public or nonprofit 

private entity with the capacity to 

effectively administer a grant under this 

part; (2) demonstrate that adequate 

financial support will be available to 

carry out the services for which the 

grant is sought consistent with the legal 

services grant application; and (3) agree 

to meet the applicable criteria and 

requirements of this part. 

Paragraph (b) provides that a public 

entity must be a local government, State 

government, or federally recognized 

Indian tribal government. Paragraph 

(b)(1) states that local government 

consists of either a county, 

municipality, city, town, township, 

local public authority (including any 

public and Indian housing agency under 

the United States Housing Act of 1937), 

school district, special district, 

intrastate district, council of 

governments (whether or not 

incorporated as a nonprofit corporation 

under state law), any other regional or 

interstate government entity, or any 

agency or instrumentality of a local 

government. Paragraph (b)(2) states that 

a public entity can be a State 

government. Paragraph (b)(3) states that 

federally recognized Indian tribal 

government means the governing body 

or a governmental agency of any Indian 

tribe, band, nation, or other organized 

group or community (including any 

Native village as defined in section 3 of 

the Alaska Native Claims Settlement 

Act, 85 Stat. 688) certified by the 

Secretary of the Interior as eligible for 

the special programs and services 

provided by him through the Bureau of 

Indian Affairs. Using these definitions 

establishes consistency and uniformity 

among Federal agencies in the 

administration of grants and cooperative 


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agreements to State, local, and federally 

recognized Indian tribal governments. 

Paragraph (c) states that a non-profit 

private entity is an entity that meets the 

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

(19). We would reference 26 U.S.C. 

501(c)(3) or (19) as the Internal Revenue 

Service determines non-profit 

designation for purposes of tax 

exemptions pursuant to such statute. 

Subsection 501(c)(3) includes 

corporations, and any community chest, 

fund, or foundation, organized and 

operated exclusively for religious, 

charitable, scientific, testing for public 

safety, literary, or educational purposes, 

or to foster national or international 

amateur sports competition (but only if 

no part of its activities involve the 

provision of athletic facilities or 

equipment), or for the prevention of 

cruelty to children or animals, no part 

of the net earnings of which inures to 

the benefit of any private shareholder or 

individual, no substantial part of the 

activities of which is carrying on 

propaganda or otherwise attempting to 

influence legislation (except as 

otherwise provided in 26 U.S.C. 501(h)), 

and which does not participate in, or 

intervene in (including the publishing 

or distributing of statements), any 

political campaign on behalf of (or in 

opposition to) any candidate for public 

office. 

Subsection 501(c)(19) of title 26 

includes a post or organization of past 

or present members of the Armed Forces 

of the United States, or an auxiliary unit 

or society of, or a trust or foundation for, 

any such post or organization—(A) 

organized in the United States or any of 

its possessions, (B) at least 75 percent of 

the members of which are past or 

present members of the Armed Forces of 

the United States and substantially all of 

the other members of which are 

individuals who are cadets or are 

spouses, widows, widowers, ancestors, 

or lineal descendants of past or present 

members of the Armed Forces of the 

United States or of cadets, and (C) no 

part of the net earnings of which inures 

to the benefit of any private shareholder 

or individual. 

Section 79.15 Eligible Veterans 

Section 79.15 describes the criteria for 

individuals to receive legal services 

under this Grant Program. Pursuant to 

paragraph (a) of this section, to be 

eligible for legal services under this 

part, an individual must be a homeless 

veteran or a veteran at risk for 

homelessness. 

Under paragraph (b), VA provides the 

criteria to be considered at risk for 

homelessness. At risk for homelessness 

in this part means an individual who 

does not have sufficient resources or 

support networks, e.g., 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) 

in the definition of ‘‘homeless’’ found in 

24 CFR 576.2 and meets one or more of 

the following conditions: (1) Has moved 

because of economic reasons two or 

more times during the 60 days 

immediately preceding the application 

for assistance; (2) is living in the home 

of another because of economic 

hardship; (3) has been notified in 

writing that their right to occupy their 

current housing or living situation will 

be terminated within 21 days after the 

date of application for assistance; (4) is 

constructively evicted from their current 

housing because of untenable 

conditions created by the landlord such 

as shutting off electricity and water or 

discriminatory acts; (5) lives in a hotel 

or motel and the cost of the hotel or 

motel stay is not paid by charitable 

organizations or by Federal, State, or 

local government programs for lowincome individuals; (6) lives in a singleroom occupancy or efficiency apartment 

unit in which there reside more than 

two persons or lives in a larger housing 

unit in which there reside more than 1.5 

persons reside per room, as defined by 

the U.S. Census Bureau; (7) is exiting a 

publicly funded institution, or system of 

care (such as a health-care facility, a 

mental health facility, foster care or 

other youth facility, or correction 

program or institution); (8) is fleeing, or 

is attempting to flee domestic violence, 

dating violence, sexual assault, stalking, 

or other dangerous or life-threatening 

conditions that relate to violence against 

the individual, including a child, that 

has either taken place within the 

individual’s primary nighttime 

residence or has made the individual 

afraid to return to their primary 

nighttime residence; or (9) otherwise 

lives in housing that has characteristics 

associated with instability and an 

increased risk for homelessness. 

As section 4202 of the Act did not 

define the term ‘‘at risk of 

homelessness,’’ we researched how VA 

has defined this term for other 

programs, such as SSVF Program. In 

such programs, VA has used the 

definition used by HUD in 

implementing emergency solutions 

grants pursuant to the McKinney-Vento 

Homeless Assistance Act. See 24 CFR 

576.2. Thus, for purposes of this Grant 

Program, we are using the definition of 

at risk of homelessness as defined in 

§ 576.2. However, we have made minor 

changes to the definition to better reflect 

the purpose of this Grant Program. First, 

we removed the criterion that the 

individual has an annual income below 

30 percent of the median family income 

for the area, as determined by HUD. We 

do not want veterans to be unable to 

receive services due to income 

limitations. VA recognizes that there 

may be situations where a veteran earns 

an income beyond the HUD limitation 

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

maintain housing because of a high cost 

of living where they reside. We also did 

not include homelessness prevention as 

a qualifier for assistance found in 24 

CFR 576.2(iii)(A). VA recognizes that 

other types of assistance exist that that 

may not fall specifically under 

homelessness prevention assistance but 

have the impact of preventing 

homelessness. We also added two new 

possible criteria for eligibility in 

§ 79.15(b)(4) and (8): Constructive 

eviction due to untenable conditions 

created by the landlord; and situations 

involving intimate partner violence. 

These criteria were added in response to 

recommendations from legal service 

organizations during the consultation in 

March 2021. Commenters made these 

suggestions based on their experience 

providing legal services to homeless and 

at-risk veterans. Thus, we believe that 

these additional criteria would ensure 

legal services provided pursuant to 

these grants would be more responsive 

to the needs of these veterans. Finally, 

we removed the provisions related to 

children and family members because 

this Grant Program is designed to assist 

individual veterans. Although the 

ultimate outcome of the legal service 

provided to a veteran may positively 

impact that veteran’s children or family, 

the direct impact of this grant was 

designed to assist individual veterans. 

Section 79.20 Legal Services 

Consistent with 38 U.S.C. 2022A(d), 

38 CFR 79.20 enumerates allowable 

legal services covered under this Grant 

Program. These include (a) legal 

services related to housing, including 

eviction defense, representation in 

landlord-tenant cases, and 

representation in foreclosure cases; (b) 

legal services related to family law, 

including assistance in court 

proceedings for child support and 

custody, divorce, estate planning, and 

family reconciliation; (c) legal services 

related to income support, including 

assistance in obtaining public benefits; 

(d) legal services related to criminal 

defense, including defense in matters 

symptomatic of homelessness, such as 

outstanding warrants, fines, and driver’s 

license revocation, and citations (to 

reduce recidivism and facilitate the 


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overcoming of reentry obstacles in 

employment or housing, covered legal 

services relating to criminal defense also 

include legal assistance with request to 

expunge or seal a criminal record); (e) 

legal services relating to requests to 

upgrade the characterization of 

discharge or dismissal of a former 

member of the Armed Forces under 10 

U.S.C. 1553; and (f) other covered legal 

services as the Secretary determines 

appropriate. 

Those other legal services include: 

Legal assistance with protective orders 

and other matters related to domestic or 

intimate partner violence; access to 

health care; consumer law matters, such 

as debt collection, garnishments, usury, 

fraud, deceit, and financial exploitation; 

employment law matters; and unmet 

legal needs of male and female veterans 

enumerated in VA’s annual Community 

Homelessness Assessment, Local 

Education and Networking Groups 

(CHALENG) survey for the grant award 

year. We intentionally left the legal 

services categories broad enough to 

provide grantees with flexibility to 

determine the types of legal services 

that an organization could provide 

within each category. In addition, VA 

may periodically review the legal 

services enumerated above and make 

modifications as necessary through the 

rulemaking process to meet the needs of 

eligible veterans. 

Section 79.25 Applications for Legal 

Services Grants 

Section 79.25 sets forth the criteria for 

a complete application for a legal 

services grant under this part. 

Paragraph (a) explains that applicants 

must submit a complete application 

package for a legal services grant, as 

described in the NOFO, and enumerates 

the necessary information for VA to 

consider the application package 

complete. This list of items described in 

paragraph (a) ensures that VA can 

adequately evaluate applicants for the 

purposes of this Grant Program. 

A complete legal services grant 

application package includes: (1) A 

description of the legal services to be 

provided by the applicant and the 

identified need for such legal services 

among eligible veterans; (2) a 

description of how the applicant will 

ensure that services are provided to 

eligible veterans, including women 

veterans; (3) a description of the 

characteristics of eligible veterans who 

will receive legal services provided by 

the applicant; (4) an estimate with 

supporting documentation of the 

number of eligible veterans who will 

receive legal services provided by the 

applicant, including an estimate of the 

number of eligible women veterans, 

who will receive legal services provided 

by the applicant; (5) a plan for how the 

applicant will use at least ten percent of 

the grant funds to serve eligible women 

veterans; (6) documentation describing 

the experience of the applicant and any 

identified subcontractors in providing 

legal services to eligible veterans; (7) 

documentation relating to the 

applicant’s ability to coordinate with 

any identified subcontractors; (8) 

documentation of the applicant’s 

capacity to effectively administer a grant 

under this section that describes the 

applicant’s: (i) Accounting practices and 

financial controls; (ii) capacity for data 

collection and reporting required under 

this part; and (iii) experience 

administering other Federal, State, or 

county grants similar to the Grant 

Program under this part; (9) 

documentation of the managerial 

capacity of the applicant to: (i) 

Coordinate the provision of legal 

services by the applicant or by other 

organizations on a referral basis; (ii) 

assess continuously the needs of eligible 

veterans for legal services; (iii) 

coordinate the provision of legal 

services with services provided by VA; 

(iv) customize legal services to the 

needs of eligible veterans; and (v) 

comply with and implement the 

requirements of this part throughout the 

term of the legal services grant; (10) 

documentation that demonstrates that 

adequate financial support will be 

available to carry out the legal services 

for which the grant is sought consistent 

with the application; and (11) any 

additional information as deemed 

appropriate by VA. VA plans to offer 

technical assistance to help prospective 

applicants clarify any aspects of the 

application package. 

We note that the requirement in 

§ 79.25(a)(5) that applicants provide in 

their application a plan for how they 

will use at least ten percent of the grant 

funds to serve eligible women veterans 

is included in order to meet the 

requirement in 38 U.S.C. 2022A(e). 

Subsection (e) requires that for any 

fiscal year, not less than ten percent of 

the amount authorized to be 

appropriated for grants under section 

2022A be used to provide legal services 

under this part to women veterans. 

Paragraph (b) states that subject to 

funding availability, grantees may 

submit an application for renewal of a 

legal services grant if the grantee’s 

program will remain substantially the 

same. To apply for renewal of a legal 

services grant, a grantee must submit to 

VA a complete legal services grant 

renewal application package, as 

described in the NOFO. This is 

consistent with how VA administers 

other VA grant programs, such as the 

SSVF Program under part 62 and will 

allow VA to renew grants in an efficient 

and timely manner so that there will be 

no lapse in the provision of legal 

services by grantees to participants from 

year to year. 

Paragraph (c) establishes that VA may 

request, in writing, that an applicant or 

grantee, as applicable, submit other 

information or documentation relevant 

to the legal services grant application. 

Consistent with 38 U.S.C. 

2022A(b)(1)(A), VA may then request 

additional information that may not be 

in the initial or renewal application but 

will be necessary for VA to properly 

evaluate the applicant or grantee for a 

legal services grant. 

Section 79.30 Threshold Requirements 

Prior To Scoring Legal Services Grant 

Applicants 

Section 79.30 sets forth the threshold 

requirements for further scoring 

applicants pursuant to § 79.35. This 

section explains that VA will only score 

applicants for the Grant Program if they 

meet certain threshold requirements as 

set forth in paragraphs (a) through (g). 

These threshold requirements in 

paragraphs (a) through (g) include that 

the application is filed within the time 

period established in the NOFO, and 

any additional information or 

documentation requested by VA under 

§ 79.25(c) is provided within the time 

frame established by VA; the 

application is completed in all parts; the 

activities for which the legal services 

grant is requested are eligible for 

funding under part 79; the applicant’s 

prospective participants are eligible to 

receive legal services under that part; 

the applicant agrees to comply with the 

requirements of that part; the applicant 

does not have an outstanding obligation 

to the Federal Government that is in 

arrears and does not have an overdue or 

unsatisfactory response to an audit; and 

the applicant is not in default by failing 

to meet the requirements for any 

previous Federal assistance. 

These requirements are minimum 

requirements that must be met before 

VA will score applications, and 

applicants will be able to understand 

whether they meet these threshold 

requirements in advance of application 

submission. The threshold requirements 

are intended to be an administrative 

checklist with which applicants would 

confirm compliance prior to submitting 

a legal services grant application. VA 

anticipates this will reduce the amount 

of time and resources that VA will 

dedicate to evaluating and scoring 

applicants. These threshold 


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requirements are consistent with other 

VA grant programs, such as the SSVF 

Program. See 38 CFR 62.21. 

Section 79.35 Scoring Criteria for Legal 

Services Grant Applicants 

Section 79.35 sets forth the criteria to 

be used to score applicants who are 

applying for a legal services grant. Since 

VA has a limited amount of funds 

available to distribute through the Grant 

Program and the number of qualified 

applicants may exceed available funds, 

VA is establishing scoring criteria for 

awarding legal services grants. 

Utilization of these scoring criteria will 

allow VA to distribute these grants 

consistent with section 4202 of the Act 

and VA’s goals and objectives for the 

Grant Program which will be detailed in 

the NOFO. The categories are weighted 

differently according to their likelihood 

of impacting a grantee’s successful 

development and operation of a grant 

program. These criteria are consistent 

with feedback received from 

commenters during our consultation 

with legal service providers. The 

criteria, which are discussed in depth 

below, are enumerated in paragraphs (a) 

through (e). 

While this section does not include 

specific point values for each criterion, 

the regulation provides that such point 

values will be set forth in the NOFO. 

This will allow VA to retain flexibility 

in determining those point values each 

year of the Grant Program in the event 

that such point values need to change. 

Paragraph (a) explains that VA will 

award points based on the background, 

qualifications, experience, and past 

performance, of the applicant and any 

subcontractors identified by the 

applicant in the legal services grant 

application, as demonstrated by the 

following: (1) Background and 

organizational history; and (2) 

organization and staff qualifications. 

These scoring criteria are important to 

determine whether applicants have the 

necessary and relevant background and 

experience to provide legal services 

consistent with this part and section 

4202 of the Act. 

In scoring an applicant’s background 

and organizational history under 

paragraph (a)(1), VA will consider the 

applicant’s, and any identified 

subcontractors’, background and 

organizational history relevant to 

providing legal services; whether the 

applicant, and any identified 

subcontractors, maintain organizational 

structures with clear lines of reporting 

and defined responsibilities; and 

whether the applicant, and any 

identified subcontractors, have a history 

of complying with agreements and not 

defaulting on financial obligations. 

In scoring an applicant’s staff 

qualifications under paragraph (a)(2), 

VA will score applications based on the 

experience of the applicant and any 

identified subcontractors working with 

veterans or individuals who are 

homeless, at risk for homelessness, or 

who have very low income, as defined 

under part 79. Having experience and 

understanding of the veteran population 

would bring a military and veteran 

cultural competency that is critical for 

ensuring that the needs of eligible 

veterans are met through the Grant 

Program. This is consistent with the 

feedback received through consultation. 

The mix of general and specific criteria 

with respect to experience with veterans 

allows VA flexibility to award points at 

various levels (local, regional, State) 

since the types of experience entities at 

those levels may have can vary. Thus, 

pursuant to paragraph (a), VA will score 

applicants not only based on their 

experience administering programs 

similar to a legal services grant program 

and providing services to those who are 

homeless, at risk for homelessness, or 

very low-income, but also based on the 

applicant’s experience working with 

veterans. 

VA notes that while not required by 

the statute, it believes including an 

applicant’s experience with very lowincome populations as an alternative 

criterion will be useful to determine 

organizations’ familiarity with 

populations similar to the target 

populations in the Grant Program, 

homeless veterans and veterans who are 

at risk for homelessness. By having low 

income as an option for applicants to 

demonstrate past experience, qualified 

applicants may be able to present 

experience administering a program 

similar in type and scale to the legal 

services contemplated by the Grant 

Program, if not specifically with 

individuals who are homeless, at risk 

for homelessness, or veterans. 

Accordingly, VA will score applications 

based on the experience of the applicant 

and identified subcontractors providing 

legal services, including providing such 

services to veterans, or individuals who 

are homeless, at risk for homelessness or 

who have very low income. 

Relatedly, VA will score applicants 

also based on the qualifications of the 

applicant’s staff and any identified 

subcontractors’ staff to administer legal 

services. This would include, as 

applicable, confirmation that the 

applicant, and any identified 

subcontractor, has barred attorneys on 

staff or a plan to hire such attorneys 

who are in good standing as a member 

of the applicable State bar. It would also 

consider the experience that applicants’ 

staff administering programs similar to 

this Grant Program. 

Paragraph (b) explains that VA will 

award points based on the applicant’s 

program concept and legal services 

plan. The scoring criteria under this 

paragraph are important for VA to use 

to determine whether the applicant has 

a fully developed program concept and 

plan that will meet the intent of this 

part and section 4202 of the Act. Points 

awarded in accordance with this 

paragraph may be demonstrated by the 

following: (1) Need for the program, (2) 

outreach and screening plan, (3) 

program concept, (4) program 

implementation timeline, (5) 

collaboration and communication with 

VA, (6) ability to meet VA’s 

requirements, goals, and objectives for 

the Grant Program, and (7) capacity to 

undertake the program. 

VA will score the need for the 

program under paragraph (b)(1) based 

on whether the applicant has shown a 

need amongst eligible veterans in the 

area or community where the program 

will be based and whether the applicant 

understands the legal service needs 

unique to eligible veterans in the area or 

community where the program will be 

based. 

VA will score the outreach and 

screening plan under paragraph (b)(2) 

based on whether the applicant has a 

feasible outreach and referral plan to 

identify and assist eligible veterans in 

need of legal services, has a plan to 

process and receive legal services 

referrals for eligible veterans, and has a 

plan to assess and accommodate the 

needs of referred eligible veterans. 

VA will score the applicant’s program 

concept under paragraph (b)(3) based on 

whether the applicant’s program 

concept, size, scope, and staffing plan 

are feasible, and the applicant’s program 

is designed to meet the needs of eligible 

veterans in the area or community 

where the program will be based. 

VA will score the program 

implementation timeline under 

paragraph (b)(4) based on whether the 

applicant’s program will be 

implemented in a timely manner and 

legal services will be delivered to 

eligible veterans as quickly as possible 

and within a specified timeline. VA will 

also score this based on whether the 

applicant has a hiring plan in place to 

meet the applicant’s program timeline 

or has existing staff to meet such 

timeline. 

VA will score the ability of an 

applicant to collaborate and 

communicate with VA under paragraph 

(b)(5) based on the strength of the 


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applicant’s plan to coordinate outreach 

and services with local VA facilities. 

VA will score the applicant’s ability 

to meet VA’s requirements, goals and 

objectives for the Grant Program under 

paragraph (b)(6) based on whether the 

applicant is committed to ensuring that 

its program meets VA’s requirements, 

goals, and objectives for the Grant 

Program as identified in the NOFO. 

Lastly, VA will score the applicant’s 

capacity to undertake its proposed legal 

services program under paragraph (b)(7) 

based on whether the applicant has 

sufficient capacity, including staff 

resources, to undertake the program. 

Paragraph (c) explains that VA will 

award points based on the applicant’s 

quality assurance and evaluation plan, 

as demonstrated by (1) program 

evaluation, (2) monitoring, (3) 

remediation, and (4) management and 

reporting. This scoring criterion is 

important to ensure that applicants can 

meet any requirements for evaluation, 

monitoring, and reporting contained in 

this part and will help VA ensure that 

grant funds are being used appropriately 

and will assist in the overall assessment 

of the program. 

Under paragraph (c)(1), VA will 

evaluate whether the applicant has 

demonstrated an ability to evaluate its 

program through the presence of clear, 

realistic, and measurable metrics that 

align with the Grant Program’s aim of 

addressing the legal needs of eligible 

veterans and through which the 

applicant’s program performance can be 

continually evaluated. 

Under paragraph (c)(2), VA will score 

the applicant’s ability to monitor its 

proposed legal services program based 

on whether the applicant has adequate 

controls in place to regularly monitor 

the program, including any 

subcontractors, for compliance with all 

applicable laws, regulations, and 

guidelines; whether the applicant has 

adequate financial and operational 

controls in place to ensure the proper 

use of legal services grant funds; and the 

applicant has a plan for ensuring that 

the applicant’s staff and any identified 

subcontractors are appropriately trained 

and comply with the requirements of 

part 79. 

VA will score applicants’ ability to 

remediate program issues under 

paragraph (c)(3) based on the applicant’s 

plan or established system for 

remediating non-compliant aspects of 

the program if and when they are 

identified. 

VA will score an applicant’s ability to 

conduct management and reporting 

functions in its proposed legal services 

program under paragraph (c)(4) based 

on whether the applicant’s program 

management team has the capability 

and a system in place to provide to VA 

timely and accurate reports at the 

frequency set by VA. 

Paragraph (d) explains that VA will 

award points based on the applicant’s 

financial capability and plan, as 

demonstrated by: (1) Organizational 

finances (based on whether applicant, 

and any identified subcontractors, are 

financially stable); and (2) financial 

feasibility of program (based on whether 

the applicant has a realistic plan for 

obtaining all funding required to operate 

the program for the period of the legal 

services grant; and whether applicant’s 

program is cost-effective and can be 

effectively implemented on-budget). 

These are important to ensure that funds 

are not provided to an applicant that has 

not considered the costs and has not 

developed a plan to ensure they have 

the necessary funding for administering 

a legal services program. 

Paragraph (e) explains that VA will 

award points based on the applicant’s 

area or community linkages and 

relations, as demonstrated by the (1) 

area or community linkages, (2) past 

working relationships, (3) local presence 

and knowledge, and (4) integration of 

linkages and program concept. This is 

important for ensuring success of the 

applicant’s proposed legal services 

program. VA acknowledges that 

applicants may not have these existing 

linkages and relationships but may 

develop them over time. VA also 

acknowledges that certain applicants 

without these existing linkages and 

relationships may obtain them through 

community partners. Area or 

community linkages under paragraph 

(e)(1) will include whether the applicant 

has a plan for developing or has existing 

linkages with Federal (including VA), 

State, local, and tribal governments, 

agencies, and private entities for the 

purposes of providing additional legal 

services to eligible veterans. Past 

working relationships under paragraph 

(e)(2) will include whether the applicant 

(or applicant’s staff), and any identified 

subcontractors (or subcontractors’ staff), 

have fostered successful working 

relationships and linkages with public 

and private organizations providing 

legal and non-legal supportive services 

to veterans who are also in need of legal 

services similar to those covered under 

the Grant Program. Local presence and 

knowledge under paragraph (e)(3) will 

be based on whether the applicant has 

a presence in the area or community to 

be served by the applicant and 

understands the dynamics of the area or 

community to be served by the 

applicant. Integration of linkages and 

program concept under paragraph (e)(4) 

will be based on whether the applicant’s 

linkages to the area or community to be 

served by the applicant enhance the 

effectiveness of the applicant’s program. 

Section 79.40 Selection of Grantees 

In accordance with the Act, § 79.40 

sets forth the process for selecting 

applicants for legal services grants, 

including distribution requirements 

from section 4202 of the Act. The 

scoring criteria are enumerated in 

paragraphs (a) through (f). 

Paragraph (a) explains that VA will 

score all applicants that meet the 

threshold requirements set forth in 

§ 79.30 using the scoring criteria set 

forth in § 79.35. 

Paragraph (b) explains that VA will 

group applicants within the applicable 

funding priorities if funding priorities 

are set forth in the NOFO. As funding 

priorities can change annually, VA will 

set forth any funding priorities in the 

NOFO, which will allow VA flexibility 

in updating priorities in a quick and 

efficient manner every year that funds 

are available under this Grant Program. 

Paragraph (c) sets forth how 

applicants are ranked. VA will rank 

those applicants that receive at least the 

minimum amount of total points and 

points per category set forth in the 

NOFO, within their respective funding 

priority group, if any. VA will set forth 

the minimum amount of total points 

and points per category in the NOFO as 

these can change annually. Setting forth 

these points in the NOFO will provide 

VA flexibility in updating the minimum 

amount of points in an efficient and 

quick manner. The applicants will be 

ranked in order from highest to lowest 

scores, within their respective funding 

priority group, if any. 

Paragraph (d) explains that VA will 

use the applicant’s ranking as the 

primary basis for selection for funding. 

However, consistent with section 4202 

of the Act, paragraph (d) further 

explains VA preferences. In paragraph 

(d)(1), VA will give preference to 

applicants that have the demonstrated 

ability to provide legal services to 

eligible veterans who are homeless, at 

risk for homelessness or have very low 

income, as defined by this part. 

In paragraph (d)(2), to the extent 

practicable, VA will ensure that legal 

services grants are equitably distributed 

across geographic regions, including 

rural communities, trust lands, Native 

Americans, and tribal organizations, 

consistent with 38 U.S.C. 2022A(f). 

Lastly, in paragraph (d)(3), VA will 

give preference to applicants with a 

demonstrated focus on women veterans 

as set forth in the NOFO. VA will set 

forth information in the NOFO that will 


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explain to applicants how this 

preference may be met with their 

application. 

VA notes that legal services grant 

applications must include applicants’ 

identification of the target populations 

and the area or community the 

applicant proposes to serve. VA will use 

this information in determining the 

distribution of legal services grants 

consistent with paragraph (d). 

Paragraph (e) explains that subject to 

paragraph (d) of this section which sets 

forth the preference and distribution 

requirements and considerations, VA 

will fund the highest-ranked applicants 

for which funding is available, within 

the highest funding priority group, if 

any. 

Similar to existing processes in other 

VA grant programs, such as the SSVF 

Program (38 CFR 62.61), paragraph (f) 

authorizes VA to still select an applicant 

for funding if that applicant is not 

initially selected because of a 

procedural error by VA. An applicant 

would not be required to submit a new 

application in this situation. This will 

ease any administrative burden on 

applications and could be used in 

situations where there is no material 

change in the information that would 

have resulted in the applicant’s 

selection for a grant under this part. 

Section 79.45 Scoring Criteria for 

Grantees Applying for Renewal of Legal 

Services Grants 

Section 79.45 describes the criteria 

that VA will use to score grantees under 

part 79 that are applying for renewal of 

a grant. Such criteria will assist with 

VA’s review and evaluation of grantees 

to ensure that those grantees have 

successful existing programs using the 

previously awarded grant funds and that 

they have complied with the 

requirements of part 79 and of section 

4202 of the Act. Applicants applying for 

renewal of a legal services grant will 

receive a score based on the scoring 

criteria enumerated in paragraphs (a) 

through (c). 

While this section does not include 

specific point values for the criteria, 

such point values will be set forth in the 

NOFO. This will allow VA to retain 

flexibility in determining those point 

values each year of the Grant Program. 

Under paragraph (a), VA will award 

points based on the success of the 

grantee’s program, as demonstrated by 

the following: (1) Participants were 

satisfied with the legal services 

provided by the grantee; (2) the grantee 

delivered legal services to participants 

in a timely manner; (3) the grantee 

implemented the program by 

developing and sustaining relationships 

with community partners to refer 

veterans in need of legal services; and 

(4) the grantee was effective in 

conducting outreach to eligible veterans, 

including to women veterans, and 

increased engagement of eligible 

veterans seeking legal services provided 

by the grantee. 

Paragraph (b) explains that points will 

be awarded based on the costeffectiveness of the grantee’s program, 

as demonstrated by the following: (1) 

The cost per participant was reasonable, 

and (2) the grantee’s program was 

effectively implemented within budget. 

Paragraph (c) explains that VA will 

award points based on the extent to 

which the grantee complied with the 

Grant Program’s goals and requirements, 

as demonstrated by the following: (1) 

The grantee’s program was administered 

in accordance with VA’s goals for the 

Grant Program as described in the 

NOFO; (2) the grantee’s program was 

administered in accordance with all 

applicable laws, regulations, and 

guidelines; and (3) the grantee’s 

program was administered in 

accordance with the grantee’s legal 

services grant agreement. 

These criteria in paragraphs (a) 

through (c) ensure that renewal of grants 

is awarded based on the grantee’s 

program’s success, cost-effectiveness, 

and compliance with VA goals and 

requirements for this Grant Program. 

This is consistent with how VA awards 

renewals of grants in other programs, 

such as the SSVF Program. See 38 CFR 

62.24. 

Section 79.50 Selecting Grantees for 

Renewal of Legal Services Grants 

Section 79.50 describes the process 

for selecting grantees that are applying 

for renewal of such grants. VA scores 

renewal applicants under a simplified 

process based on the success and cost 

effectiveness of their legal services 

program and their program’s 

compliance with VA requirements and 

programmatic goals. The scoring criteria 

is enumerated in paragraphs (a) through 

(e). 

Paragraph (a) explains that so long as 

grantees continue to meet the threshold 

requirements in § 79.30, VA will score 

the grantee using the scoring criteria set 

forth in § 79.45. 

Under paragraph (b), VA will rank 

those grantees who receive at least the 

minimum amount of total points and 

points per category set forth in the 

NOFO, and such grantees will be ranked 

in order from highest to lowest scores. 

Paragraph (c) explains that VA will 

use the grantee’s ranking as the basis for 

selection for funding and that VA will 

fund the highest-ranked grantees for 

which funding is available. 

Paragraph (d) explains that, at its 

discretion, VA may award any nonrenewed funds to an applicant or 

existing grantee. If VA chooses to award 

non-renewed funds to an applicant or 

existing grantee, VA will first offer to 

award the non-renewed funds to the 

applicant or grantee with the highest 

grant score under the relevant NOFO 

that applies for, or is awarded a renewal 

grant in, the same community as, or a 

proximate community to, the affected 

community. Such applicant or grantee 

will be required to have the capacity 

and agree to provide prompt services to 

the affected community. Under this 

section, the relevant NOFO means the 

most recently published NOFO which 

will cover the geographic area that 

includes the affected community, or for 

multi-year grant awards, the NOFO for 

which the grantee, who is offered the 

additional funds, received the multiyear award. If the first such applicant or 

grantee offered the non-renewed funds 

refuses the funds, VA will then offer to 

award the funds to the next highestranked such applicant or grantee, per 

the criteria in paragraph (d)(1) of this 

section, and continue on in rank order 

until the non-renewed funds are 

awarded. 

Paragraph (e) authorizes VA to select 

an existing grantee for available 

funding, based on the grantee’s 

previously submitted renewal 

application, if that grantee is not 

initially selected for renewal because of 

a procedural error by VA. A grantee 

would not be required to submit a new 

renewal application in this situation. 

This will ease any administrative 

burden on grantees and could be used 

in situations where there is no material 

change in the renewal application that 

would have resulted in the grantee’s 

selection for renewal of a grant under 

part 79. 

Section 79.55 General Operation 

Requirements 

Section 79.55 establishes 

requirements for the general operation 

of legal services programs provided for 

under part 79. These requirements are 

enumerated in paragraphs (a) through 

(f). 

Paragraph (a) address eligibility 

documentation. Paragraph(a)(1) explains 

that prior to providing legal services, 

grantees must verify, document, and 

classify each participant’s eligibility for 

legal services. This ensures that grantees 

are providing services and using grant 

funds for those who are eligible for such 

services under this Grant Program and 

consistent with section 4202 of the Act. 


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In paragraph (a)(2), once the grantee 

initiates legal services, the grantee will 

continue to provide legal services to the 

participant through completion of the 

legal services so long as the participant 

continues to meet the eligibility criteria 

set forth in § 79.15. In paragraph (a)(3), 

if a grantee finds at any point in the 

grant award period that a participant is 

ineligible to receive legal services under 

part 79, or that the provider is unable to 

meet the legal needs of that participant, 

the grantee must document the reason 

for the participant’s ineligibility or the 

grantee’s inability to provide legal 

services. Then, the grantee must provide 

the veteran information on other 

available programs or resources or 

provide a referral to another legal 

services organization that is able to meet 

that veteran’s needs. 

Under paragraph (b), for each 

participant who receives services from 

the grantee, the grantee must document 

the legal services provided, how such 

services were provided, the duration of 

the services provided, any goals for the 

provision of such services, and 

measurable outcomes of the legal 

services provided as determined by the 

Secretary, such as whether the 

participant’s legal issue was resolved. 

This is information that grantees 

typically maintain regarding the 

provision of these or similar services. 

Additionally, this information may be 

requested by VA for purposes of 

monitoring the grantee’s operation and 

compliance with part 79 and will be 

collected as part of the grantee’s 

reporting requirements in § 79.95 and 

will be required to be maintained for at 

least three years (consistent with the 

recordkeeping requirements in 

§ 79.100), of which VA may request for 

auditing and evaluation purposes. 

Under paragraph (c), grantees would 

be required to maintain the 

confidentiality of records kept in 

connection to legal services provided to 

participants. Grantees that provide legal 

services would be required to establish 

and implement procedures to ensure the 

confidentiality of records pertaining to 

any participant and the address or 

location where the legal services are 

provided. The confidentiality 

maintained should be consistent with 

the grantee’s State bar rules of 

confidentiality in an attorney-client 

relationship. 

Under paragraph (d), prior to initially 

providing legal services to a participant, 

the grantee is required to notify each 

participant of the following: (1) That the 

legal services are being paid for, in 

whole or in part, by VA; (2) the legal 

services which are available to the 

participant through the grantee’s 

program; and, (3) any conditions or 

restrictions on the receipt of legal 

services by the participant. 

Under paragraph (e), VA requires that 

grantees regularly assess how legal 

services grant funds can be used in 

conjunction with other available funds 

and services to ensure continuity of 

program operations and to assist 

participants. This encourages grantees 

to leverage other financial resources to 

ensure continuity of program operations 

and assistance to participants. 

Lastly, under paragraph (f), VA 

requires that grantees ensure that legal 

services grants are administered in 

accordance with the requirements of 

part 79, the legal services grant 

agreement, and other applicable laws 

and regulations. Grantees must ensure 

that any subcontractors carry out 

activities in compliance with part 79. 

Section 79.60 Fee Prohibition 

Section 79.60 prohibits grantees from 

charging a fee to participants for 

providing legal services that are funded 

with amounts from a legal services grant 

under part 79. VA believes this 

prohibition is appropriate, as similar 

prohibitions have been implemented for 

other similar grant programs, such as 

the SSVF Program, and is consistent 

with the intent of Section 4202 of the 

Act. See 38 CFR 62.37. 

Section 79.65 Notice of Funding 

Opportunity 

Section 79.65 discusses the contents 

of the Notice of Funding Opportunity 

(NOFO). The NOFO is a notice 

published in the Federal Register and 

on grants.gov that communicates to the 

public when funds are available for 

legal services grants. As enumerated in 

paragraphs (a) through (j), the NOFO 

will identify items such as the location 

for obtaining legal services grant 

applications; the date, time, and place 

for submitting completed legal services 

grant applications; the estimated 

amount and type of legal services grant 

funding available, including the 

maximum grant funding available per 

award; any priorities for or exclusions 

from funding to meet the statutory 

mandates of 38 U.S.C. 2022A and VA 

goals for the Grant Program; the length 

of term for the legal services grant 

award; specific point values to be 

awarded for each criterion listed in 

§§ 79.35 and 79.45; the minimum 

number of total points and points per 

category that an applicant or grantee, as 

applicable, must receive in order for a 

legal services grant to be funded; any 

maximum uses of legal services grant 

funds for specific legal services; the 

timeframes and manner for payments 

under the legal services grant; and other 

information necessary for the legal 

services grant application process as 

determined by VA, including the 

requirements, goals, and objectives of 

the Grant Program, and how the 

preference under § 79.40(d)(3) may be 

met. This is consistent with how VA 

administers similar grant programs, 

such as the SSVF Program (see 38 CFR 

62.40). 

Section 79.70 Legal Services Grant 

Agreements 

Section 79.70 discusses legal services 

grant agreements and the requirements 

that will be included in each agreement 

prior to VA obligating funds, as 

enumerated in paragraphs (a) through 

(c). This agreement will be enforceable 

against the grantee and provides VA 

assurance that the grantee will use the 

legal services grant funds in the manner 

described in the application and in 

accordance with the requirements of 

part 79. 

Under paragraph (a), after an 

applicant is selected for a legal services 

grant in accordance with § 79.40, VA 

will draft a legal services grant 

agreement to be executed by VA and the 

grantee. Upon execution of the legal 

services grant agreement, VA will 

obligate legal services grant funds to 

cover the amount of the approved legal 

services grant, subject to the availability 

of funding. Such agreement will provide 

that the grantee agrees, and will ensure 

that each subcontractor agrees, to 

operate the program in accordance with 

the provisions of part 79 and the 

grantee’s legal services grant 

application; comply with such other 

terms and conditions, including 

recordkeeping and reports for program 

monitoring and evaluation purposes, as 

VA may establish for purposes of 

carrying out the Grant Program, in an 

effective and efficient manner; and 

provide such additional information as 

deemed appropriate by VA. 

Paragraph (b) explains the 

requirements to execute a legal services 

agreement for grant renewal grant in 

accordance with § 79.50. The 

requirements and grant agreement 

provisions are the same as for initial 

grant awards as discussed in paragraph 

(a) of this section. 

Paragraph (c) explains that no funds 

provided under part 79 may be used to 

replace Federal, State, tribal, or local 

funds previously used, or designated for 

use, to assist eligible veterans. 

Section 79.75 Program or Budget 

Changes and Corrective Action Plans 

Section 79.75 sets forth the required 

process grantees must use if there are 


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changes to the program or budget that 

alter the grantee’s legal services grant 

program. These requirements allow VA 

to ensure that grant funds are used 

appropriately and to maintain control 

over the quality of legal services 

provided by the grantee under this part. 

These requirements are enumerated in 

paragraphs (a) through (c). 

Paragraph (a) states that a grantee 

must submit to VA a written request to 

modify a legal services grant program 

for any proposed significant change that 

will alter the grantee’s legal services 

grant program. It further explains that if 

VA approves such change, it will issue 

a written amendment to the legal 

services grant agreement. A grantee 

must receive VA’s approval prior to 

implementing a significant change. 

Significant changes include, but are not 

limited to, a change in the grantee or 

any subcontractors identified in the 

grant agreement; a change in the area or 

community served by the grantee; 

additions or deletions of legal services 

provided by the grantee; a change in 

category of participants to be served; 

and a change in budget line items that 

are more than 10 percent of the total 

legal services grant award. 

VA’s approval of changes will be 

contingent upon the grantee’s amended 

application retaining a sufficient rank to 

have been competitively selected for 

funding in the year that the application 

was granted; and each legal services 

grant modification request will be 

required to contain a description of the 

revised proposed use of grant funds. 

Under paragraph (b), VA may require 

that the grantee initiate, develop, and 

submit to VA for approval a Corrective 

Action Plan (CAP) if, on a quarterly 

basis, actual legal services grant 

expenditures vary from the amount 

disbursed to a grantee for that same 

quarter or actual legal services grant 

activities vary from the grantee’s 

program description provided in the 

legal grant agreement. Paragraph (b) also 

sets forth specific requirements related 

to the CAP. These include that the CAP 

must identify the expenditure or activity 

source that has caused the deviation, 

describe the reason(s) for the variance, 

provide specific proposed corrective 

action(s), and provide a timetable for 

accomplishment of the corrective 

action. After receipt of the CAP, VA will 

send a letter to the grantee indicating 

that the CAP is approved or 

disapproved. If disapproved, VA will 

make beneficial suggestions to improve 

the proposed CAP and request 

resubmission or take other actions in 

accordance with this part. 

Paragraph (c) explains that grantees 

are required to inform VA in writing of 

any key personnel changes (e.g., new 

executive director, legal services grant 

program director, or chief financial 

officer) and grantee address changes 

within 30 days of the change. 

Section 79.80 Faith-Based 

Organizations 

As VA anticipates that religious or 

faith-based organizations may apply for 

grants under this part, § 79.80 describes 

the conditions for use of legal services 

grants provided under this part as they 

relate to religious activities. The 

conditions are enumerated in 

paragraphs (a) through (g). This is 

similar to the language used for the 

Homeless Providers Grant and Per Diem 

Program (38 CFR 61.64) and the SSVF 

Program (38 CFR 62.62). 

Under paragraph (a), faith-based 

organizations are eligible, on the same 

basis as any other organization, to 

participate in the Grant Program under 

this part. Decisions about awards of 

Federal financial assistance must be free 

from political interference or even the 

appearance of such interference and 

must be made on the basis of merit, not 

on the basis of religion or religious 

belief or lack thereof. 

Under paragraph (b)(1), no 

organization may use direct financial 

assistance from VA under this part to 

pay for explicitly religious activities 

such as religious worship, instruction, 

or proselytization; or equipment or 

supplies to be used for any of those 

activities. Paragraph (b)(2) states that 

references to financial assistance are 

deemed to be references to direct 

Federal financial assistance, unless the 

referenced assistance meets the 

definition of indirect Federal financial 

assistance in part 79. 

Under paragraph (c), organizations 

that engage in explicitly religious 

activities, such as worship, religious 

instruction, or proselytization, must 

offer those services separately, in time 

or location, from any programs or 

services funded with direct financial 

assistance from VA under part 79. 

Furthermore, participation in any of the 

organization’s explicitly religious 

activities must be voluntary for the 

participants of a program or service 

funded by direct financial assistance 

from VA under that part. 

Under paragraph (d), a faith-based 

organization that participates in the 

Grant Program will retain its 

independence from Federal, State, or 

local governments, including the 

definition, practice and expression of its 

religious beliefs. However, organizations 

may not use direct financial assistance 

from VA under this part to support any 

explicitly religious activities, such as 

worship, religious instruction, or 

proselytization. Faith-based 

organizations may use space in their 

facilities to provide VA-funded services 

under this part, without concealing, 

removing, or altering religious art, icons, 

scripture, or other religious symbols. 

Additionally, a VA-funded faith-based 

organization retains its authority over its 

internal governance, and it may retain 

religious terms in its organization’s 

name, select its board members and 

otherwise govern itself on a religious 

basis, and include religious reference in 

its organization’s mission statements 

and other governing documents. 

Under paragraph (e), an organization 

that participates in the Grant Program 

shall not, in providing legal services, 

discriminate against a participant or 

prospective participant regarding legal 

services on the basis of religion or 

religious belief. 

Under paragraph (f), if a State or local 

government voluntarily contributes its 

own funds to supplement federally 

funded activities, the State or local 

government has the option to segregate 

the Federal funds or commingle them. 

However, if the funds are commingled, 

this provision applies to all of the 

commingled funds. 

Paragraph (g) states that to the extent 

otherwise permitted by Federal law, the 

restrictions on explicitly religious 

activities set forth in this section do not 

apply where VA funds are provided to 

faith-based organizations through 

indirect assistance as a result of a 

genuine and independent private choice 

of a participant, provided the faithbased organizations otherwise satisfy 

the requirements of this part. A faithbased organization may receive such 

funds as the result of a participant’s 

genuine and independent choice if, for 

example, a participant redeems a 

voucher, coupon, or certificate, allowing 

the participant to direct where funds are 

to be paid, or a similar funding 

mechanism provided to that participant 

and designed to give that participant a 

choice among providers. 

Section 79.85 Visits to Monitor 

Operations and Compliance 

Section 79.85 governs VA’s authority 

to conduct onsite inspections to monitor 

grantee operations and compliance with 

the Grant Program. The ability for VA to 

conduct inspections and monitor 

operations is critical for VA oversight 

over the grants and is set forth in 

paragraphs (a) and (b). 

Paragraph (a) authorizes VA to make 

visits to all grantee locations, at all 

reasonable times, where a grantee is 

using legal services grant funds to 

review grantee accomplishments and 


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management control systems and to 

provide such technical assistance, as 

required. VA may also conduct 

inspections of all program locations and 

records of a grantee at such times as are 

deemed necessary to determine 

compliance with the provisions of this 

part. If a grantee delivers services in a 

participant’s home, or at a location away 

from the grantee’s place of business, VA 

may accompany the grantee. If the 

grantee’s visit is to the participant’s 

home, VA will only accompany the 

grantee with the consent of the 

participant. If any visit is made by VA 

on the premises of the grantee or a 

subcontractor under the legal services 

grant, the grantee must provide, and 

must require its subcontractors provide 

VA access to all reasonable facilities and 

assistance for the safety and 

convenience of the VA representatives 

in the performance of their duties. All 

visits and evaluations will be performed 

in such a manner as will not unduly 

delay services. 

These provisions are critical for VA 

oversight over legal services grants and 

are consistent with how VA administers 

other grant programs. See 38 CFR 61.65 

and 62.63. 

Paragraph (b) clarifies that VA’s 

authority to inspect does not provide 

VA with authority over the management 

or control of any applicant or grantee 

under part 79. 

Section 79.90 Financial Management 

and Administrative Costs 

Section 79.90 sets forth requirements 

with which grantees must comply 

regarding the financial management of 

approved grant funds. This provision is 

included in this interim final rule to 

ensure grantees are aware of additional 

requirements with which they must 

comply. These requirements are 

outlined in paragraphs (a) through (d). 

Paragraph (a) requires grantees 

comply with applicable requirements of 

the Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

under 2 CFR part 200. Part 200 of 2 CFR 

establishes the uniform administrative 

requirements, cost principles, and audit 

requirements for Federal awards to nonFederal entities. 

Paragraph (b) requires grantees use a 

financial management system that 

provides adequate fiscal control and 

accounting records and meets the 

requirements in 2 CFR part 200. 

Paragraph (c) requires payment up to 

the amount specified in the legal 

services grant must be made only for 

allowable, allocable, and reasonable 

costs in conducting the work under the 

grant, and the determination of 

allowable costs must be made in 

accordance with the applicable Federal 

Cost Principles in 2 CFR part 200. 

Paragraph (d) prohibits costs for 

administration by a grantee from 

exceeding 10 percent of the total 

amount of the legal services grant. 

Administrative costs include all costs 

associated with the management of the 

program and include the administrative 

costs of subcontractors. 

VA has determined this limitation on 

administrative costs to be reasonable 

and consistent with the purpose of the 

Grant Program to provide legal services 

to eligible veterans. This requirement 

ensures most of the grant funds (at least 

90 percent) are used to provide legal 

services to participants, consistent with 

the purpose of the Grant Program. These 

requirements are also consistent with 

the SSVF Program, which allows only 

10 percent of the grant funds to be used 

for specified administrative costs. See 

38 CFR 62.10. VA has not identified any 

issues with this limitation in the context 

of the SSVF Program. VA believes that 

10 percent is a reasonable maximum for 

administrative costs, and any additional 

funds needed by grantees to administer 

this Grant Program should be provided 

by non-VA funds. 

Section 79.95 Grantee Reporting 

Requirements 

Section 79.95 sets forth reporting 

requirements regarding the legal 

services carried out using grant funds 

provided under this part in paragraphs 

(a) through (f). Under section 4202 of 

the Act, VA is required to submit 

biennial reports to Congress about (1) 

the number of homeless veterans and 

veterans at risk for homelessness 

assisted; (2) a description of the legal 

services provided; (3) a description of 

the legal matters addressed; and (4) an 

analysis of the operational effectiveness 

and cost-effectiveness of the services 

provided. See 38 U.S.C. 2022A(g). In 

furtherance of VA’s congressionally 

mandated reporting requirements, we 

require all grantees to submit reports to 

VA describing the legal services 

provided with the approved grant funds. 

Such reporting requirements ensure that 

grants funds are being properly used 

consistent with section 4202 of the Act 

and this part. These reporting 

requirements also ensure that VA is 

being a good fiscal steward of the 

taxpayer dollar. 

In paragraph (a), VA reserves the right 

to require grantees to provide, in any 

form as may be prescribed, such reports 

or answers in writing to specific 

questions, surveys, or questionnaires as 

VA determines necessary to carry out 

the Grant Program. 

In paragraph (b), at least once a year 

or at another frequency set by VA, each 

grantee must submit to VA a report 

containing information relating to 

operational effectiveness; fiscal 

responsibility; legal services grant 

agreement compliance; and legal and 

regulatory compliance, including a 

description of how the grantee used the 

grant funds, the number of participants 

assisted; information on each 

participant’s gender, age, race, and 

service era; a description of the legal 

services provided to each participant; 

and any other information that VA 

requests. VA deems this information 

necessary to analyze and monitor the 

grantee’s performance. 

In paragraph (c), VA retains the 

discretion to request additional reports 

to be able to fully assess the provision 

of legal services under part 79. This 

catch-all provision allows VA to request 

additional reports that it may need to 

further assess the project and the 

program. These will vary on a case-bycase basis dependent on the legal 

services project and its progression. 

Additionally, if VA is required to 

submit additional reports to Congress on 

this program, VA reserves the right to 

obtain necessary information under this 

paragraph. This also provides a 

safeguard in instances where there may 

be confusing, misleading, inconsistent, 

or unclear statements in submitted 

reports. VA reserves the right to request 

additional reports to clarify information 

VA receives in other reports submitted 

by a grantee. 

In paragraph (d), VA requires that 

grantees relate financial data to 

performance data and develop unit cost 

information whenever practical. This is 

another metric to help VA assess the 

strength of the grantee’s legal services 

program. 

In paragraph (e), VA requires that all 

pages of the reports must cite the 

assigned legal services grant number 

and be submitted in a timely manner as 

set forth in the grant agreement. 

In paragraph (f), VA further requires 

that grantees provide VA with consent 

to post information from reports on the 

internet and use such information in 

other ways deemed appropriate by VA. 

Grantees must clearly redact 

information that is confidential based 

on attorney-client privilege, unless that 

privilege has been waived by the client. 

VA may post portions of the reports on 

the internet so that the public has a 

greater understanding of the Grant 

Program. Additionally, VA may use the 

information for promotional or 

evaluation purposes. 


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Section 79.100 Recordkeeping 

Section 79.100 establishes a 

recordkeeping requirement on all 

grantees. Grantees are required to keep 

and maintain records for at least a 3- 

year period that document compliance 

with the Grant Program requirements in 

part 79. Grantees will need to produce 

these records at VA’s request. This will 

assist VA in providing oversight over 

grantees. This provision is consistent 

with section 4202(a) of the Act requiring 

VA to analyze the operational 

effectiveness and cost effectiveness of 

the legal services provided by the 

grantees. This provision is also 

consistent with 2 CFR 200.334 requiring 

Federal award recipients to keep 

financial records, supporting 

documents, statistical records, and all 

other non-Federal entity records 

pertinent to a Federal award for a 3-year 

period. 

Section 79.105 Technical Assistance 

Under § 79.105, VA will provide 

technical assistance to applicants and 

grantees, as necessary, to meet the 

requirements of part 79. Such technical 

assistance will be provided either 

directly by VA or through contracts with 

appropriate public or non-profit private 

entities. The technical assistance may 

provide applicants and grantees with 

resources for planning, development, 

and provision of legal services to 

homeless veterans or veterans at risk for 

homelessness. As part of this technical 

assistance, VA may offer training 

sessions for applicants and grantees to 

assist with understanding and 

implementing the Grant Program. 

Section 79.110 Withholding, 

Suspension, Deobligation, Termination, 

and Recovery of Funds by VA 

Section 79.110 explains that VA will 

enforce this part through such actions as 

may be appropriate. Appropriate actions 

include withholding, suspension, 

deobligation, termination, recovery of 

funds by VA, and actions in accordance 

with 2 CFR part 200. 

Part 200 describes such actions as 

withholding, suspension, deobligation, 

termination, and recovery of funds. See 

2 CFR 200.208, 200.305, and 200.339 

through 200.343, and 200.346. As legal 

services grants are subject to the 

requirements of 2 CFR part 200, VA 

explicitly references 2 CFR part 200 in 

§ 79.110 to ensure that grantees 

understand and know where to locate 

these requirements related to 

withholding, suspension, deobligation, 

termination, and recovery of funds. VA 

refers to 2 CFR part 200 rather than 

include those requirements in this 

section as those requirements in 2 CFR 

part 200 may change. Referencing 2 CFR 

part 200 provides VA the ability to 

implement those changes without 

having to conduct further rulemaking. 

VA acknowledges that when certain 

actions (such as suspension and 

termination) are taken against grantees 

pursuant to this section and 2 CFR part 

200, a disruption in services to 

participants may occur. While VA is not 

regulating responsibilities for grantees 

to continue to provide services or to 

coordinate the transfer of participants to 

other sources of legal support, VA will 

include such requirements and 

responsibilities in the grant agreement 

that VA and the grantee enter into 

pursuant to part 79. This will ensure 

that the disruption and impact upon 

participants is minimized as much as 

possible. 

Section 79.115 Legal Services Grant 

Closeout Procedures 

Section 79.115 explains that legal 

services grants will be closed out in 

accordance with 2 CFR part 200. 

Procedures for closing out Federal 

awards are currently located at 2 CFR 

200.344 and 200.345. As legal services 

grants are subject to the requirements of 

2 CFR part 200, VA explicitly references 

2 CFR part 200 in § 79.115 to ensure that 

grantees understand and know where to 

locate these requirements. VA refers to 

2 CFR part 200 rather than include those 

requirements in this section as those 

requirements in 2 CFR part 200 may 

change, and referencing 2 CFR part 200 

provides VA the ability to implement 

those changes without having to 

conduct further rulemaking. 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA), codified in part at 5 U.S.C. 553, 

generally requires agencies to publish 

substantive rules in the Federal Register 

for notice and comment. These notice 

and comment requirements generally do 

not apply to ‘‘a matter relating to agency 

management or personnel or to public 

property, loans, grants, benefits or 

contracts.’’ 5 U.S.C. 553(a)(2). However, 

38 U.S.C. 501(d) requires VA to comply 

with the notice and comment 

requirements in 5 U.S.C. 553 for matters 

relating to grants, notwithstanding 

section 553(a)(2). Thus, as this 

rulemaking relates to the Grant Program 

required by section 4202 of the Act, VA 

is required to comply with the notice 

and comment requirements of 5 U.S.C. 

553. 

However, pursuant to 5 U.S.C. 

553(b)(B) general notice and the 

opportunity for public comment are not 

required with respect to a rulemaking 

when an ‘‘agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 

In accordance with 5 U.S.C. 553(b)(B), 

the Secretary has concluded that there 

is good cause to publish this rule 

without prior opportunity for public 

comment. This rule implements the 

Act’s mandate to establish a new grant 

program that will allow VA to make 

grants to eligible entities that provide 

certain legal services to homeless 

veterans and veterans at risk for 

homelessness, with at least 10 percent 

of funding being utilized to provide 

legal services to women veterans. This 

is the first Grant Program of this kind, 

as there is currently no other active 

Federal source of funding focused on 

providing legal services to veterans. 

Homelessness is a national crisis, 

especially among the veteran 

population. On a single night in January 

2021, there were 19,750 veterans 

experiencing sheltered homelessness in 

the United States. See, HUD, The 2021 

Annual Homeless Assessment Report 

(AHAR) to Congress: Part 1: Point-inTime Estimates of Homelessness (2022), 

https://www.huduser.gov/portal/sites/

default/files/pdf/2021-AHAR-Part-1.pdf. 

Many of these veterans have unmet legal 

needs that impact their ability to 

maintain housing. These unmet legal 

needs are in the areas of family law, 

court fees/court fines, credit issues/debt 

collection, expungement of a criminal 

record, child support issues, and tax 

issues. See VA Fact Sheet: Community 

Homelessness Assessment, Local 

Education and Networking Groups 

(CHALENG), April 2021, https://

www.va.gov/HOMELESS/docs/ 

CHALENG-2020-508.pdf. Without the 

support provided by consistent legal 

services, individuals may not be able to 

find or maintain housing. It is critical 

that this rulemaking publish without 

delay, as the Grant Program will seek to 

help prevent and eliminate 

homelessness among the veteran 

population by distributing grants for the 

provision of legal services that will 

address barriers to housing stability, 

especially during the Coronavirus 

Disease–2019 (COVID–19) pandemic. 

VA believes that the number of 

veterans who are homeless is likely 

significantly higher than HUD’s recent 

estimates, and that more veterans are 

and will be at risk for homelessness due 

to the sustained adverse economic 

consequences of the COVID–19 

pandemic on veterans in particular. 


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Recent available data focused on 

veteran homelessness is difficult to 

interpret, with varied information over 

the last two years of the COVID–19 

pandemic that does not accurately 

reflect the current picture of veterans 

who are homeless and at risk for 

homelessness. After nearly a decade of 

steady decline, HUD’s 2020 point-intime estimate indicated an increase in 

veteran homelessness by 0.5 percent 

from 2019. See, HUD, The 2020 AHAR 

to Congress: Part 1: Point-in-Time 

Estimates of Homelessness (2021), 

https://www.huduser.gov/portal/sites/ 

default/files/pdf/2020-AHAR-Part-1.pdf. 

However, in HUD’s most recent AHAR, 

the number of veterans experiencing 

sheltered homelessness in 2021 

decreased by ten percent from 2020. 

See, HUD, The 2021 AHAR to Congress: 

Part 1: Point-in-Time Estimates of 

Homelessness (2022), https://

www.huduser.gov/portal/sites/default/ 

files/pdf/2021-AHAR-Part-1.pdf. A 

comparison of the most recent AHAR to 

previous AHARs must take into account 

a complete picture of homelessness in 

the United States, including protective 

measures put in place during the 

COVID–19 pandemic, such as eviction 

moratoriums, social distancing, and 

space limits in homeless shelters, which 

have recently evaporated. This is why 

the 2021 AHAR is uniquely limited in 

scope, particularly as it lacks a full 

unsheltered count of people living in 

tents, cars, or streets throughout the 

country. See ‘‘Findings—and 

Limitations—of the 2021 Point-in-Time 

Count | United States Interagency 

Council on Homelessness (USICH), 

https://www.usich.gov/news/

findingsand-limitationsof-the-2021- 

point-in-time-count/ (Citing COVID–19 

concerns, 40 percent of communities— 

including the places with the highest 

levels of homelessness and almost the 

entire state of California—did not 

conduct a full unsheltered count of 

people living in tents, cars, or streets. Of 

the 20 communities with the highest 

unsheltered numbers in 2020, only one 

completed a full unsheltered count in 

2021). It is worth noting that the 2021 

AHAR report also found that sheltered 

chronic homelessness appears to have 

increased by 20 percent. This is why the 

actual number of homeless veterans is 

likely significantly higher than 

estimated by HUD, since the HUD pointin-time (PIT) estimate also excludes 

individuals staying in supportive 

housing paid for by Federal funds, and 

those moving from place-to-place among 

friends or family. Id. As stated by the 

United States Interagency Council on 

Homelessness, ‘‘[a]ny comparison 

between this year’s PIT findings and 

previous findings are complicated by 

the incompleteness of data for the 2021 

count.’’ Id. 

Incomplete data is one of several 

potential reasons for HUD’s 2021 

finding of a ten percent decline in 

overall sheltered homelessness. In 

addition, congregate shelters limited 

their occupancy to comply with Centers 

for Disease Control and Prevention 

(CDC) COVID–19 recommendations and 

pandemic policies. This necessarily 

resulted in fewer veterans being counted 

as homeless and the exclusion of 

veterans who needed such sheltering 

but could not obtain a space. Moreover, 

eviction moratoriums, stimulus 

payments, and expanded 

unemployment benefits, likely also 

reduced the number of people counted 

among the sheltered homeless. Id. Given 

such limitations on the available data, 

the true number of veterans who are 

homeless or at risk for homelessness 

remains quite unclear. 

Notwithstanding things like stimulus 

payments and expanded unemployment 

benefits, stay-at-home orders and 

reduced working hours during the 

COVID–19 pandemic had a profound 

economic effect on individuals, 

including members of the veteran 

population. U.S. Bureau of Labor 

Statistics, Employment Situation of 

Veterans Summary (March 18, 2021), 

https://www.bls.gov/news.release/ 

archives/vet_03182021.htm; see also, 

Legal Services Corporation, 

Appropriations Supplemental Request 

for Legal Services Corporation 

Nationwide Grantee Assistance for 

Coronavirus Emergency Response 

(2021), https://www.americanbar.org/ 

content/dam/aba/administrative/ 

government_affairs_office/lsc-covidsupp-request.pdf. The veteran 

population experienced increased 

unemployment rates during the COVID– 

19 pandemic. See, Armstrong, N. 

(October 25, 2020), Understanding the 

economic impacts of COVID–19 on 

veterans and military families, Military 

Times, https://www.militarytimes.com/ 

opinion/commentary/2020/10/25/ 

understanding-the-economic-impactsof-covid-19-on-veterans-and-militaryfamilies/. In fact, in 2020, veteran 

unemployment rates increased by more 

than twice the rates in 2019. U.S. 

Bureau of Labor Statistics, Employment 

Situation of Veterans Summary (March 

18, 2021), www.bls.gov/news.release/ 

archives/vet_03182021.htm. 

Job loss and economic hardship due 

to the COVID–19 pandemic has led to 

increased housing precarity and risk of 

eviction. Eviction can have long-term, 

negative effects as it creates a permanent 

legal record that can allow landlords to 

screen tenants with a history of eviction 

and ultimately preclude them from 

future rental opportunities. See Benfer, 

A. et al (2021), Eviction, Health 

Inequity, and the Spread of COVID–19: 

Housing Policy as a Primary Pandemic 

Mitigation Strategy, Journal of Urban 

Health, 98, 1–12. Evictions can therefore 

lead to homelessness, which is 

connected to poverty and higher rates of 

arrest. Access to Justice in the Age of 

COVID–19: A Roundtable Report (2021), 

https://www.justice.gov/ag/page/file/ 

1445356/download. Legal assistance to 

prevent eviction can eliminate potential 

barriers that preclude veterans at risk for 

homelessness from maintaining 

housing. See, Access to Justice in the 

Age of COVID–19: A Roundtable Report 

(2021), https://www.justice.gov/ag/page/ 

file/1445356/download, (‘‘As the 

pandemic continues, the need for legal 

services to combat evictions is 

ongoing.’’) 

To the extent that actions such as 

increased unemployment benefits and 

moratoriums against eviction, 

foreclosure, and utility shut-offs, helped 

mitigate the effects of the COVID–19 

pandemic, many of these mitigation 

actions have recently ceased. VA is 

concerned that the disappearance of 

such protections will seriously impact 

the ability of some veterans to maintain 

stable housing or recover economically. 

Unemployment and loss of income are 

major predictors of homelessness. Trott, 

J., Lattimore, K., Teitelbaum, J., (2020), 

Veterans Face Mounting Legal Needs 

Amidst the COVID–19 Pandemic, 

National Center for Medical Legal 

Partnership. For this reason, 

maintaining stable housing is expected 

to be increasingly difficult and 

challenging for veterans during and in 

the aftermath of the COVID–19 

pandemic. Id. Additionally, widespread 

reports of soaring rental prices (see 

Arnold, C. (February 14, 2022), It’s not 

just home prices. Rents rise sharply 

across the U.S. NPR. https://

www.npr.org/2022/02/14/1080145270/ 

its-not-just-home-prices-rents-risesharply-across-the-u-s) may leave many 

veterans at risk for homelessness, 

especially in light of the economic 

impact of the COVID–19 pandemic on 

veterans. 

The legal services to be provided 

under this Grant Program will provide 

direct economic support for veterans 

who are homeless or at-risk of becoming 

so as COVID–19 pandemic mitigation 

policies evaporate. Historically, half of 

homeless veterans’ unmet needs consist 

of legal needs, specifically in the areas 

of family law, court fees/court fines, 

credit issues/debt collection, 


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expungement of a criminal record, child 

support issues, and tax issues. See, Fact 

Sheet, U.S. Dep’t of Veterans Aff., 

CHALENG (April 2021), https://

www.va.gov/HOMELESS/docs/ 

CHALENG-2020-508.pdf. In both the 

2017 and 2018 CHALENG survey 

responses, legal assistance with 

evictions/foreclosures were specifically 

among the top ten unmet needs of 

homeless veterans. 

Time and time again, legal services 

organizations provide VA with 

examples of veterans they have assisted 

with a uniquely legal issue—such as 

expunging a prior conviction on one’s 

criminal record, achieving a successful 

complex application for public benefits 

or modifying a child support order— 

which changed the course of the 

veteran’s life by providing desperately 

needed income and stability. For many 

veterans, legal assistance to obtain 

reliable income support or to remove 

obstacles to income results in a critical 

source of income for rent for stable 

housing or an anchor from which the 

veteran can then pursue employment or 

VA treatment services. Without the legal 

assistance provided by this Grant 

Program, veterans who are homeless or 

at risk of homelessness may be unable 

to access compensation benefits from 

Veterans Benefits Administration or 

health care benefits from Veterans 

Health Administration. During the 

consultation in March 2021, Equal 

Justice Works reported that between 

2018 and 2019, its Veterans Legal Corps 

attorneys helped obtain economic 

benefits of over $11.6 million for 

veterans by securing public benefits 

through the provision of legal services. 

The legal services covered under this 

Grant Program will result in veterans’ 

ability to sustain housing and avoid 

homelessness, and therefore must be 

effective as soon as possible. 

As mentioned above, we are 

approaching a critical point when 

pandemic protections are disappearing, 

which presents a larger risk of 

homelessness and legal issues for which 

this Grant Program will immediately be 

needed. There is no other current 

Federal source of funding that is 

focused on providing such legal services 

to veterans. It is therefore of utmost 

importance to have this regulation 

effective prior to notice and comment so 

that legal services can be provided to 

veterans who are homeless and at risk 

for homelessness immediately to 

support housing stability among this 

population. During the COVID–19 

pandemic, legal aid funding has been 

limited. See, Kaplan, A. (2021), More 

people than ever need legal aid services. 

But the pandemic has hit legal aid 

funding hard, NBC News, https://

www.nbcnews.com/business/personalfinance/more-people-ever-need-legalaid-services-pandemic-has-hitn1264989. Thus, there are limited legal 

resources available to address the needs 

of individuals, including veterans, that 

may be facing negative economic 

consequences from the COVID–19 

pandemic. According to the Access to 

Justice in the Age of COVID–19: A 

Roundtable Report, the COVID–19 

pandemic also drastically exacerbated 

the need for legal help and strained the 

resources that did exist. See, https://

www.justice.gov/ag/page/file/1445356/ 

download. The pandemic generated an 

unprecedented need for government 

assistance, including rental and 

mortgage assistance, child tax credits, 

unemployment benefits, and utilities 

payments. At the same time, applying 

for benefits became even more 

challenging in the expanded virtual 

environment. Id. 

Through this Grant Program, those 

veterans who may be hit hardest by the 

pandemic (that is, homeless veterans 

and veterans at risk for homelessness) 

may receive critical legal services 

related to unemployment benefits, 

eviction, and those unmet legal needs as 

discussed earlier. During the COVID–19 

pandemic, legal needs in such areas as 

evictions, unemployment assistance, 

and income maintenance have increased 

throughout the country. See, Legal 

Services Corporation (July 24, 2020), 

Legal Services Corporation Survey Finds 

Major Impact of COVID–19 Pandemic 

on Legal Aid, https://www.lsc.gov/pressrelease/lsc-survey-finds-major-impactcovid-19-pandemic-legal-aid; See also, 

Legal Services Corporation (February 9, 

2021), LSC Requests Funding to Address 

Surge in Demand for Legal Aid Amid 

COVID–19, https://www.lsc.gov/pressrelease/lsc-requests-funding-addresssurge-demand-legal-aid-amid-covid-19; 

See also, Access to Justice in the Age of 

COVID–19: A Roundtable Report (2021), 

https://www.justice.gov/ag/page/file/ 

1445356/download. 

Additionally, the legal services that 

may be provided pursuant to this Grant 

Program are critical to this population’s 

health and well-being. Those who have 

legal problems are more likely to 

experience suicidal ideation and 

attempt suicide than those without legal 

problems. Pre-pandemic, veterans facing 

legal challenges were 86 percent more 

likely to have suicidal ideation, and 57 

percent more likely to attempt suicide, 

even after adjusting for mental health 

conditions that are as relevant as other 

medical factors like depression for 

suicide prevention and treatment. 

Blosnich, J., et al. (2019), Social 

Determinants and Military Veterans’ 

Suicide Ideation and Attempt: A Crosssectional Analysis of Electronic Health 

Record Data, 35 J. General Internal Med. 

1759–1767. Veterans with housing 

instability—whom this Grant Program 

would directly focus on—were 200 

percent more likely to have suicidal 

ideation, and 118 percent more likely to 

attempt suicide, also after adjusting for 

mental health diagnoses. Id. It is 

therefore critical that the legal services 

provided by this Grant Program to assist 

this population are made available as 

soon as possible. Veterans with legal 

problems and housing issues alike also 

experience other co-occurring adverse 

social determinants of health including 

financial/employment problems, and 

nonspecific psychosocial needs, among 

others, that may contribute to 

suicidality. Id. 

Additionally, many veterans are 

diagnosed with mental illnesses 

associated with active-duty service. In 

2017, GAO reported that 62 percent of 

servicemembers separated for 

misconduct during fiscal years 2011– 

2015 had been diagnosed with posttraumatic stress disorder (PTSD), 

traumatic brain injury, or certain other 

conditions that could be associated with 

misconduct within the two years before 

their date of separation. U.S. 

Government Accountability Office 

(2017), GAO–17–260, DOD Health: 

Actions Needed to Ensure PostTraumatic Stress Disorder and 

Traumatic Brain Injury Are Considered 

in Misconduct Separations, https://

www.gao.gov/assets/690/685052.pdf. 

Without the legal assistance to be 

provided through this Grant Program, 

these veterans may be unable to 

properly file the complete paperwork to 

have their discharge upgraded. 

Moreover, when provided in 

conjunction with VA healthcare, legal 

services for veterans have been found to 

decrease veterans’ PTSD symptoms, 

reduce veteran spending on substance 

abuse, and improve mental health and 

housing stability. Tsai, J. et al. (2017), 

Medical-Legal Partnerships At Veterans 

Affairs Medical Centers Improved 

Housing and Psychosocial Outcomes 

For Vets, 36 Health Aff. no.12, 2195– 

2203. 

As the White House-Department of 

Justice Legal Aid Interagency 

Roundtable found, when someone faces 

a civil legal problem, such as eviction, 

the denial of healthcare benefits, or 

unemployment, it can interact with 

other factors and affect an individual’s 

long-term health. Access to Justice in 

the Age of COVID–19: A Roundtable 

Report (2021), https://www.justice.gov/ 

ag/page/file/1445356/download. The 


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Attorney General’s memorandum issued 

on Veterans Day 2021 also noted that 

‘‘leaving [Veterans’] legal needs 

unaddressed exacerbates the risks [they] 

already face—from housing instability 

to homelessness and from joblessness to 

suicide,’’ and called for ways to better 

meet veterans’ legal needs which ‘‘may 

[ ] utilize new grant authorities that 

provide legal services for veterans’’. 

Attorney General Memorandum— 

Guarding the Rights of and Improving 

Access to Justice for Veterans 

Servicemembers and Military Families 

(November 10, 2021), https://

justice.gov/opa/page/file/1447636/ 

download. 

Through programs that expand and 

fund veterans’ legal services, such as 

this Grant Program, VA and other 

organizations may be able to address 

destabilizing economic, social, and 

health inequities among this vulnerable 

population. See, Key Studies and Data 

about How Legal Aid Helps Veterans 

(March 23, 2021), The Justice in 

Government Project, https://legalaid

resourcesdotorg.files.wordpress.com/ 

2021/04/veterans.pdf. Legal services 

provided under this Grant Program will 

assist a veteran in obtaining and 

maintaining housing, obtaining and 

sustaining gainful and satisfying 

employment, and obtaining crucial 

medical care and compensation 

benefits, which have both indirect and 

direct impacts on housing stability, and 

overall health and well-being. Thus, it is 

critical that this Grant Program be 

implemented prior to notice and 

comment so that VA can provide 

funding to those entities that can assist 

homeless veterans and those veterans at 

risk for homelessness who have 

unaddressed needs for legal services, 

which may create barriers to housing 

stability, especially during the COVID– 

19 pandemic. Any additional delay in 

implementation caused by seeking and 

responding to public comments prior to 

implementation delays VA’s ability to 

provide direct grant funding for critical 

legal services specifically for homeless 

veterans and veterans at risk for 

homelessness who may be especially 

vulnerable and in need of these legal 

services during, and as a result of, the 

COVID–19 pandemic. Providing notice 

and obtaining comment in advance of 

implementation would add a significant 

delay to an already lengthy 

implementation process and would 

exacerbate a growing and increasingly 

urgent problem. 

Additionally, this rulemaking has not 

been without public input. VA reiterates 

that as described earlier in this 

document, VA sought and obtained 

such input through a consultation with 

several legal services organizations 

experienced in aiding homeless veterans 

and those at risk for homelessness, as 

required by the Act. These organizations 

provided information on the types of 

legal services to be covered, additional 

considerations in dealing with rural and 

tribal communities, and how to 

determine the effectiveness of the 

organizations once competitively 

selected, among other information. This 

input has been reviewed and 

incorporated, as appropriate, in this 

rulemaking. 

For these reasons, the Secretary has 

concluded that ordinary notice and 

comment procedures would be contrary 

to the public interest and is accordingly 

issuing this rule as an interim final rule 

effective. The Secretary will consider 

and address comments that are received 

within 60 days after the date that this 

interim final rule is published in the 

Federal Register and address them in a 

subsequent Federal Register document 

announcing a final rule incorporating 

any changes made in response to the 

public comments. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, is not applicable to this 

rulemaking because notice of proposed 

rulemaking is not required. 5 U.S.C. 

601(2), 603(a), 604(a). 

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 interim final rule will 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This interim final rule includes 

provisions constituting collections of 

information under the Paperwork 

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

3521) that require approval by the Office 

of Management and Budget (OMB). 

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

VA has submitted a copy of this 

rulemaking action to OMB for review. 

OMB assigns control numbers to 

collections of information it approves. 

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. Section 79.25 contains 

application provisions for legal services 

grants, including renewals. Section 

79.75 contains provisions for program or 

budget changes and submission of 

corrective action plans. Section 79.95 

contains grantee reporting requirements. 

These sections are collections of 

information under the Paperwork 

Reduction Act of 1995. If OMB does not 

approve the collections of information 

as requested, VA will immediately 

remove the provisions containing a 

collection of information or take such 

other action as is directed by OMB. 

Comments on the new collection of 

information contained in this 

rulemaking should be submitted 

through www.regulations.gov. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AR33—Legal Services for Homeless 

Veterans and Veterans At-Risk for 

Homelessness Grant Program’’ and 

should be sent within 30 days of 

publication of this rulemaking. The 

collection of information associated 

with this rulemaking can be viewed at: 

www.reginfo.gov/public/do/PRAMain. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication. This does 

not affect the deadline for the public to 

comment on the interim final rule. 

The Department considers comments 

by the public on collections of 

information in— 

• Evaluating whether the collections 

of information are necessary for the 

proper performance of the functions of 

the Department, including whether the 

information will have practical utility; 

• Evaluating the accuracy of the 

Department’s estimate of the burden of 

the collections of information, including 


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the validity of the methodology and 

assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collections of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

The collections of information 

contained in 38 CFR 79.25, 79.75, and 

79.95 are described immediately 

following this paragraph, under their 

respective titles. 

Title: Initial Applications for the Legal 

Services for Homeless Veterans and 

Veterans At-Risk for Homelessness 

Grant Program. 

OMB Control No: 2900-xxxx (New/ 

TBD). 

CFR Provision: 38 CFR Section 79.25. 

• Summary of collection of 

information: The new collection of 

information in 38 CFR 79.25 contains 

application provisions for the Grant 

Program. 

• Description of need for information 

and proposed use of information: This 

information is needed to award legal 

services grants to eligible entities. 

• Description of likely respondents: 

Non-profit private and public legal 

service entities applying for grants. 

• Estimated number of respondents 

per year: 100. 

• Estimated frequency of responses: 

Once annually. 

• Estimated average burden per 

response: 1,440 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: 2,400 hours. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $133,104.00. Using 

VA’s average annual number of 

respondents, VA estimates the 

application information collection 

burden cost to be $133,104.00 per year*. 

(2,400 burden hours for respondents × 

$55.46 per hour). 

Title: Grant Renewal Applications for 

the Legal Services for Homeless 

Veterans and Veterans At-Risk for 

Homelessness Grant Program. 

OMB Control No: 2900-xxxx (New/ 

TBD). 

CFR Provision: 38 CFR Section 79.25. 

• Summary of collection of 

information: The new collection of 

information in 38 CFR 79.25 requires 

grantees who want renew their grant to 

file a renewal application. 

• Description of need for information 

and proposed use of information: VA 

needs this information to renew legal 

services grants previously awarded. 

• Description of likely respondents: 

Grant Program grantees seeking a 

renewal of funds. 

• Estimated number of respondents: 

75. 

• Estimated frequency of responses: 

Once annually. 

• Estimated average burden per 

response: 1,200 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: 1,500 hours. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $83,190.00. Using 

VA’s average annual number of 

respondents, VA estimates the total 

information collection burden cost to be 

$83,109.00 per year*. (1500 burden 

hours for respondents × $55.46 per 

hour). 

Title: Program or Budget Changes and 

Corrective Action Plans for the Legal 

Services for Homeless Veterans and 

Veterans At-Risk for Homelessness 

Grant Program. 

OMB Control No: 2900-xxxx (New/ 

TBD). 

CFR Provision: 38 CFR Section 79.75. 

• Summary of collection of 

information: The new collection of 

information in 38 CFR 79.75 would 

require grantees to inform VA of 

changes to their approved program 

through an amendment process. 

• Description of need for information 

and proposed use of information: This 

information is needed for a grantee to 

inform VA of significant changes that 

will alter a grant program approved by 

VA. In addition, VA may require 

grantees to initiate, develop and submit 

to VA for approval corrective action 

plans if, on a quarterly basis, actual 

legal services grant expenditures vary 

from the amount disbursed to a grantee 

for that same quarter or actual legal 

services grant activities vary from the 

grantee’s program description provided 

in the grant agreement. 

• Description of likely respondents: 

Grantees who desire to modify their 

approved grant program. 

• Estimated number of respondents: 

10. 

• Estimated frequency of responses: 

Once annually. 

• Estimated average burden per 

response: 120 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: 20 hours. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $1,109.20. Using VA’s 

average annual number of respondents, 

VA estimates the total information 

collection burden cost to be $1,109.20 

per year*. (20 burden hours for 

respondents × $55.46 per hour). 

Title: Reporting Requirements for the 

Legal Services for Homeless Veterans 

and Veterans At-Risk for Homelessness 

Grant Program. 

OMB Control No: 2900-xxxx (New/ 

TBD). 

CFR Provision: 38 CFR Section 79.95. 

• Summary of collection of 

information: The new collection of 

information in 38 CFR 79.95 would 

require the grantee to submit reports 

pertaining to operational and cost 

effectiveness, fiscal responsibility, legal 

services grant agreement compliance, 

and legal and regulatory compliance. 

• Description of need for information 

and proposed use of information: VA 

will use this information to determine 

grantee program effectiveness and 

compliance with the requirements for 

the Grant Program. 

• Description of likely respondents: 

Program grantees for the current grant 

award year. 

• Estimated number of respondents: 

75. 

• Estimated frequency of responses: 

Quarterly = 4 times per year. 

• Estimated average burden per 

response: 30 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: 150 hours. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $8,319.00. Using VA’s 

average annual number of respondents, 

VA estimates the total information 

collection burden cost to be $8,319.00 

per year*. (150 burden hours for 

respondents × $55.46 per hour). 

*The total information collection 

burden cost associated with this 

regulation is estimated to be 

$225,722.20. 

Assistance Listing 

The Assistance Listing number and 

title for the program affected by this 

document is 64.009, Veterans Medical 

Care Benefits. 

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 a major rule, as defined by 5 

U.S.C. 804(2). 

List of Subjects in 38 CFR Part 79 

Administrative practice and 

procedure; Disability benefits; Grant 

programs—health; Grant programs— 

social services; Grant programs— 

transportation; Grant programs— 


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veterans; Grant programs—housing and 

community development; Health 

facilities; Homeless; Housing; Housing 

assistance payments; Indians—lands; 

Individuals with disabilities; Legal 

services; Low and moderate income 

housing; Medicare; Medicaid; Public 

assistance programs; Public housing; 

Reporting and recordkeeping 

requirements; Rural areas; Social 

security; Supplemental security income 

(SSI); Travel and transportation 

expenses; Unemployment 

compensation; Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on May 2, 2022, 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. 

Consuela Benjamin, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

■ For the reasons stated in the preamble, 

the Department of Veterans Affairs 

amends 38 CFR Chapter I by adding part 

79 to read as follows: 

PART 79—LEGAL SERVICES FOR 

HOMELESS VETERANS AND 

VETERANS AT-RISK FOR 

HOMELESSNESS GRANT PROGRAM 

Sec. 

79.0 Purpose and scope. 

79.5 Definitions. 

79.10 Eligible entities. 

79.15 Eligible veterans. 

79.20 Legal services. 

79.25 Applications for legal services grants. 

79.30 Threshold requirements prior to 

scoring legal services grant applicants. 

79.35 Scoring criteria for legal services 

grant applicants. 

79.40 Selection of grantees. 

79.45 Scoring criteria for grantees applying 

for renewal of legal services grants. 

79.50 Selecting grantees for renewal of legal 

services grants. 

79.55 General operation requirements. 

79.60 Fee prohibition. 

79.65 Notice of Funding Opportunity 

(NOFO). 

79.70 Legal services grant agreements. 

79.75 Program or budget changes and 

corrective action plans. 

79.80 Faith-based organizations. 

79.85 Visits to monitor operations and 

compliance. 

79.90 Financial management and 

administrative costs. 

79.95 Grantee reporting requirements. 

79.100 Recordkeeping. 

79.105 Technical assistance. 

79.110 Withholding, suspension, 

deobligation, termination, and recovery 

of funds by VA. 

79.115 Legal services grant closeout 

procedures. 

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

and as noted in specific sections. 

§ 79.0 Purpose and scope. 

(a) Purpose. This part implements the 

Legal Services for Homeless Veterans 

and Veterans At-Risk for Homelessness 

Grant Program to award legal services 

grants to eligible entities to provide 

legal services to eligible veterans. 

(b) Scope. Legal services covered by 

this part are those services that address 

the needs of eligible veterans who are 

homeless or at risk for homelessness. 

§ 79.5 Definitions. 

For purposes of this part and any 

Notice of Funding Opportunity (NOFO) 

issued under this part: 

Applicant means an eligible entity 

that submits an application for a legal 

services grant announced in a NOFO. 

At risk for homelessness means an 

individual who meets the criteria 

identified in § 79.15(b). 

Direct Federal financial assistance 

means Federal financial assistance 

received by an entity selected by the 

Government or a pass-through entity as 

defined in 38 CFR 50.1(d) to provide or 

carry out a service (e.g., by contract, 

grant, or cooperative agreement). 

Disallowed costs means costs charged 

by a grantee that VA determines to be 

unallowable based on applicable 

Federal cost principles or based on this 

part or the legal services grant 

agreement. 

Eligible entity means an entity that 

meets the requirements of § 79.10. 

Eligible veteran means a veteran that 

meets the requirements of § 79.15(a) or 

(b). 

Grantee means an eligible entity that 

is awarded a legal services grant under 

this part. 

Homeless veteran means a veteran 

who is homeless as that term is defined 

in subsection (a) or (b) of section 103 of 

the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11302). 

Indian tribe has the meaning as given 

that term in in 25 U.S.C. 4103. 

Indirect Federal financial assistance 

means Federal financial assistance in 

which a service provider receives 

program funds through a voucher, 

certificate, agreement or other form of 

disbursement, as a result of the genuine, 

independent choice of a participant. 

Legal services means the services 

listed in § 79.20. 

Legal services grant means a grant 

awarded under this part. 

Legal services grant agreement means 

the agreement executed between VA 

and a grantee as specified under § 79.70. 

Non-profit private entity means an 

entity that meets the criteria in 

§ 79.10(c). 

Notice of Funding Opportunity 

(NOFO) has the meaning as given to this 

term in 2 CFR 200.1. 

Participant means an eligible veteran 

who is receiving legal services from a 

grantee under this part. 

Public entity means an entity that 

meets the criteria in § 79.10(b). 

Rural communities means those 

communities considered rural according 

to the Rural-Urban Commuting Area 

(RUCA) system as determined by the 

United States Department of Agriculture 

(USDA). 

State means any of the several States 

of the United States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, any territory or possession of the 

United States, or any agency or 

instrumentality of a State exclusive of 

local governments. 

Subcontractor means any third-party 

contractor, of any tier, working directly 

for an eligible entity. 

Suspension means an action by VA 

that temporarily withdraws VA funding 

under a legal services grant, pending 

corrective action by the grantee or 

pending a decision to terminate the 

legal services grant by VA. Suspension 

of a legal services grant is a separate 

action from suspension under VA 

regulations or guidance implementing 

Executive Orders 12549 and 12689, 

‘‘Debarment and Suspension.’’ 

Tribal organization has the meaning 

given that term in 25 U.S.C. 5304. 

Trust land has the meaning given that 

term in 38 U.S.C. 3765. 

Very Low Income means a veteran’s 

income is 50 percent or less of the 

median income for an area or 

community. 

Veteran has the meaning given to that 

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

Withholding means that payment of a 

legal services grant will not be paid 

until such time as VA determines that 

the grantee provides sufficiently 

adequate documentation and/or actions 

to correct a deficiency for the legal 

services grant. 

§ 79.10 Eligible entities. 

(a) To be an eligible entity under this 

part, the entity must: 

(1) Be a public or nonprofit private 

entity with the capacity to effectively 

administer a grant under this part; 

(2) Demonstrate that adequate 

financial support will be available to 

carry out the services for which the 

grant is sought consistent with the legal 

services grant application; and 


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(3) Agree to meet the applicable 

criteria and requirements of this part. 

(b) A public entity includes any of the 

following: 

(1) Local government, (that is, a 

county, municipality, city, town, 

township, local public authority 

(including any public and Indian 

housing agency under the United States 

Housing Act of 1937), school district, 

special district, intrastate district, 

council of governments (whether or not 

incorporated as a nonprofit corporation 

under state law), any other regional or 

interstate government entity, or any 

agency or instrumentality of a local 

government); 

(2) State government; 

(3) Federally recognized Indian tribal 

government. The governing body or a 

governmental agency of any Indian 

tribe, band, nation, or other organized 

group or community (including any 

Native village as defined in section 3 of 

the Alaska Native Claims Settlement 

Act, 85 Stat 688) certified by the 

Secretary of the Interior as eligible for 

the special programs and services 

provided by the Bureau of Indian 

Affairs. 

(c) A nonprofit private entity is an 

entity that meets the requirements of 26 

U.S.C. 501(c)(3) or (19). 

§ 79.15 Eligible veterans. 

(a) To be eligible for legal services 

under this part, an individual must be 

a: 

(1) Homeless veteran or 

(2) Veteran at risk for homelessness. 

(b) ‘‘At risk for homelessness’’ in this 

part 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 the 

following conditions: 

(1) Has moved because of economic 

reasons two or more times during the 60 

days immediately preceding the 

application for assistance; 

(2) Is living in the home of another 

because of economic hardship; 

(3) Has been notified in writing that 

their right to occupy their current 

housing or living situation will be 

terminated within 21 days after the date 

of application for assistance; 

(4) Is constructively evicted from their 

current housing because of untenable 

conditions created by the landlord such 

as shutting off electricity and water or 

discriminatory acts; 

(5) Lives in a hotel or motel and the 

cost of the hotel or motel stay is not paid 

by charitable organizations or by 

Federal, State, or local government 

programs for low-income individuals; 

(6) Lives in a single-room occupancy 

or efficiency apartment unit in which 

there reside more than two persons or 

lives in a larger housing unit in which 

there reside more than 1.5 persons 

reside per room, as defined by the U.S. 

Census Bureau; 

(7) Is exiting a publicly funded 

institution, or system of care (such as a 

health-care facility, a mental health 

facility, foster care or other youth 

facility, or correction program or 

institution); 

(8) Is fleeing, or is attempting to flee 

domestic violence, dating violence, 

sexual assault, stalking, or other 

dangerous or life-threatening conditions 

that relate to violence against the 

individual, including a child, that has 

either taken place within the 

individual’s primary nighttime 

residence or has made the individual 

afraid to return to their primary 

nighttime residence; or 

(9) Otherwise lives in housing that 

has characteristics associated with 

instability and an increased risk for 

homelessness. 

§ 79.20 Legal services. 

Allowable legal services covered 

under this Grant Program are limited to 

the following: 

(a) Legal services related to housing, 

including eviction defense, 

representation in landlord-tenant cases, 

and representation in foreclosure cases. 

(b) Legal services relating to family 

law, including assistance in court 

proceedings for child support and 

custody, divorce, estate planning, and 

family reconciliation. 

(c) Legal services relating to income 

support, including assistance in 

obtaining public benefits. 

(d) Legal services 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. 

(e) Legal services 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. 

(f) Other covered legal services as 

determined appropriate by the 

Secretary, including: 

(1) Legal assistance with protective 

orders and other matters related to 

domestic or intimate partner violence. 

(2) Access to health care. 

(3) Consumer law matters, such as 

debt collection, garnishments, usury, 

fraud, deceit, and financial exploitation. 

(4) Employment law matters. 

(5) The unmet legal needs of male and 

female veterans in VA’s annual 

Community Homelessness Assessment, 

Local Education and Networking 

Groups (CHALENG) survey for the grant 

award year. 

§ 79.25 Applications for legal services 

grants. 

(a) To apply for a legal services grant, 

an applicant must submit to VA a 

complete legal services grant 

application package, as described in the 

NOFO. A complete legal services grant 

application package includes the 

following: 

(1) A description of the legal services 

to be provided by the applicant and the 

identified need for such legal services 

among eligible veterans; 

(2) A description of how the applicant 

will ensure that services are provided to 

eligible veterans, including women 

veterans; 

(3) A description of the characteristics 

of eligible veterans who will receive 

legal services provided by the applicant; 

(4) An estimate with supporting 

documentation of the number of eligible 

veterans, including an estimate of the 

number of eligible women veterans, 

who will receive legal services provided 

by the applicant; 

(5) A plan for how the applicant will 

use at least ten percent of the grant 

funds to serve eligible women veterans; 

(6) Documentation describing the 

experience of the applicant and any 

identified subcontractors in providing 

legal services to eligible veterans; 

(7) Documentation relating to the 

applicant’s ability to coordinate with 

any identified subcontractors; 

(8) Documentation of the applicant’s 

capacity to effectively administer a grant 

under this section that describes the 

applicant’s: 

(i) Accounting practices and financial 

controls; 

(ii) Capacity for data collection and 

reporting required under this part; and 

(iii) Experience administering other 

Federal, State, or county grants similar 

to the Grant Program under this part. 

(9) Documentation of the managerial 

capacity of the applicant to: 

(i) Coordinate the provision of legal 

services by the applicant or by other 

organizations on a referral basis; 

(ii) Assess continuously the needs of 

eligible veterans for legal services; 


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(iii) Coordinate the provision of legal 

services with services provided by VA; 

(iv) Customize legal services to the 

needs of eligible veterans; and 

(v) Comply with and implement the 

requirements of this part throughout the 

term of the legal services grant. 

(10) Documentation that demonstrates 

that adequate financial support will be 

available to carry out the legal services 

for which the grant is sought consistent 

with the application; and 

(11) Any additional information as 

deemed appropriate by VA. 

(b) Subject to funding availability, 

grantees may submit an application for 

renewal of a legal services grant if the 

grantee’s program will remain 

substantially the same. To apply for 

renewal of a legal services grant, a 

grantee must submit to VA a complete 

legal services grant renewal application 

package, as described in the NOFO. 

(c) VA may request in writing that an 

applicant or grantee, as applicable, 

submit other information or 

documentation relevant to the legal 

services grant application. 

§ 79.30 Threshold requirements prior to 

scoring legal services grant applicants. 

VA will only score applicants that 

meet the following threshold 

requirements: 

(a) The application is filed within the 

time period established in the NOFO, 

and any additional information or 

documentation requested by VA under 

§ 79.25(c) is provided within the time 

frame established by VA; 

(b) The application is completed in all 

parts; 

(c) The activities for which the legal 

services grant is requested are eligible 

for funding under this part; 

(d) The applicant’s prospective 

participants are eligible to receive legal 

services under this part; 

(e) The applicant agrees to comply 

with the requirements of this part; 

(f) The applicant does not have an 

outstanding obligation to the Federal 

Government that is in arrears and does 

not have an overdue or unsatisfactory 

response to an audit; and 

(g) The applicant is not in default by 

failing to meet the requirements for any 

previous Federal assistance. 

§ 79.35 Scoring criteria for legal services 

grant applicants. 

VA will score applicants who are 

applying for a legal services grant VA 

will set forth specific point values to be 

awarded for each criterion in the NOFO. 

VA will use the following criteria to 

score these applicants: 

(a) VA will award points based on the 

background, qualifications, experience, 

and past performance, of the applicant, 

and any subcontractors identified by the 

applicant in the legal services grant 

application, as demonstrated by the 

following: 

(1) Background and organizational 

history. (i) Applicant’s, and any 

identified subcontractors’, background 

and organizational history are relevant 

to providing legal services. 

(ii) Applicant, and any identified 

subcontractors, maintain organizational 

structures with clear lines of reporting 

and defined responsibilities. 

(iii) Applicant, and any identified 

subcontractors, have a history of 

complying with agreements and not 

defaulting on financial obligations. 

(2) Organization and staff 

qualifications. (i) Applicant, and any 

identified subcontractors, have 

experience working with veterans or 

individuals who are homeless, at risk 

for homelessness, or who have very low 

income, as defined under this part. 

(ii) 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. 

(iii) Applicant, and any identified 

subcontractors, have or plan to hire 

staff, who are qualified to administer 

legal services, and as applicable, are in 

good standing as a member of the 

applicable State bar. 

(iv) Applicant’s staff, and any 

identified subcontractors’ staff, have 

experience administering programs 

similar to the Grant Program under this 

part. 

(b) VA will award points based on the 

applicant’s program concept and legal 

services plan, as demonstrated by the 

following: 

(1) Need for the program. (i) 

Applicant has shown a need amongst 

eligible veterans in the area or 

community where the program will be 

based. 

(ii) Applicant understands the legal 

services needs unique to eligible 

veterans in the area or community 

where the program will be based. 

(2) Outreach and screening plan. (i) 

Applicant has a feasible outreach and 

referral plan to identify and assist 

eligible veterans in need of legal 

services. 

(ii) Applicant has a plan to process 

and receive legal services referrals for 

eligible veterans. 

(iii) Applicant has a plan to assess 

and accommodate the needs of referred 

eligible veterans. 

(3) Program concept. (i) Applicant’s 

program concept, size, scope, and 

staffing plan are feasible. 

(ii) Applicant’s program is designed to 

meet the legal needs of eligible veterans 

in the area or community where the 

program will be based. 

(4) Program implementation timeline. 

(i) Applicant’s program will be 

implemented in a timely manner and 

legal services will be delivered to 

eligible veterans as quickly as possible 

and within a specified timeline. 

(ii) Applicant has a hiring plan in 

place to meet the applicant’s program 

timeline or has existing staff to meet 

such timeline. 

(5) Collaboration and communication 

with VA. Applicant has a plan to 

coordinate outreach and services with 

local VA facilities. 

(6) Ability to meet VA’s requirements, 

goals, and objectives for the grant 

program. Applicant is committed to 

ensuring that its program meets VA’s 

requirements, goals, and objectives for 

the Grant Program as identified in the 

NOFO. 

(7) Capacity to undertake program. 

Applicant has sufficient capacity, 

including staff resources, to undertake 

the program. 

(c) VA will award points based on the 

applicant’s quality assurance and 

evaluation plan, as demonstrated by the 

following: 

(1) Program evaluation. Applicant has 

created clear, realistic, and measurable 

metrics that align with the Grant 

Program’s aim of addressing the legal 

needs of eligible veterans and through 

which the applicant’s program 

performance can be continually 

evaluated. 

(2) Monitoring. (i) Applicant has 

adequate controls in place to regularly 

monitor the program, including any 

subcontractors, for compliance with all 

applicable laws, regulations, and 

guidelines. 

(ii) Applicant has adequate financial 

and operational controls in place to 

ensure the proper use of legal services 

grant funds. 

(iii) Applicant has a plan for ensuring 

that the applicant’s staff and any 

subcontractors are appropriately trained 

and comply with the requirements of 

this part. 

(3) Remediation. Applicant has a plan 

or establishes a system for remediating 

non-compliant aspects of the program if 

and when they are identified. 

(4) Management and reporting. 

Applicant’s program management team 

has the capability and a system in place 

to provide to VA timely and accurate 

reports at the frequency set by VA. 


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(d) VA will award points based on the 

applicant’s financial capability and 

plan, as demonstrated by the following: 

(1) Organizational finances. 

Applicant, and any identified 

subcontractors, are financially stable. 

(2) Financial feasibility of program. (i) 

Applicant has a realistic plan for 

obtaining all funding required to operate 

the program for the period of the legal 

services grant. 

(ii) Applicant’s program is costeffective and can be effectively 

implemented on-budget. 

(e) VA will award points based on the 

applicant’s area or community linkages 

and relations, as demonstrated by the 

following: 

(1) Area or community linkages. 

Applicant has a plan for developing or 

has existing linkages with Federal 

(including VA), State, local, and tribal 

governments, agencies, and private 

entities for the purposes of providing 

additional legal services to eligible 

veterans. 

(2) Past working relationships. 

Applicant (or applicant’s staff), and any 

identified subcontractors (or 

subcontractors’ staff), have fostered 

successful working relationships and 

linkages with public and private 

organizations providing legal and nonlegal supportive services to veterans 

who are also in need of services similar 

to those covered under the Grant 

Program. 

(3) Local presence and knowledge. (i) 

Applicant has a presence in the area or 

community to be served by the 

applicant. 

(ii) Applicant understands the 

dynamics of the area or community to 

be served by the applicant. 

(4) Integration of linkages and 

program concept. Applicant’s linkages 

to the area or community to be served 

by the applicant enhance the 

effectiveness of the applicant’s program. 

§ 79.40 Selection of grantees. 

VA will use the following process to 

select applicants to receive legal 

services grants: 

(a) VA will score all applicants that 

meet the threshold requirements set 

forth in § 79.30 using the scoring criteria 

set forth in § 79.35. 

(b) VA will group applicants within 

the applicable funding priorities if 

funding priorities are set forth in the 

NOFO. 

(c) VA will rank those applicants who 

receive at least the minimum amount of 

total points and points per category set 

forth in the NOFO, within their 

respective funding priority group, if 

any. The applicants will be ranked in 

order from highest to lowest scores, 

within their respective funding priority 

group, if any. 

(d) VA will use the applicant’s 

ranking as the primary basis for 

selection for funding. However, VA will 

also use the following considerations to 

select applicants for funding: 

(1) VA will give preference to 

applicants that have the demonstrated 

ability to provide the provision of legal 

services eligible individuals who are 

homeless, at risk for homelessness or 

have very low income, as defined by 

this part. 

(2) To the extent practicable, VA will 

ensure that legal services grants are 

equitably distributed across geographic 

regions, including rural communities, 

trust lands, Native Americans, and tribal 

organizations. 

(3) VA will give preference to 

applicants with a demonstrated focus on 

women veterans as set forth in the 

NOFO. 

(e) Subject to paragraph (d) of this 

section, VA will fund the highestranked applicants for which funding is 

available, within the highest funding 

priority group, if any. If funding 

priorities have been established, to the 

extent funding is available and subject 

to paragraph (d) of this section, VA will 

select applicants in the next highest 

funding priority group based on their 

rank within that group. 

(f) If an applicant would have been 

selected but for a procedural error 

committed by VA, VA may select that 

applicant for funding when sufficient 

funds become available if there is no 

material change in the information that 

would have resulted in the applicant’s 

selection. A new application would not 

be required. 

§ 79.45 Scoring criteria for grantees 

applying for renewal of legal services 

grants. 

VA will score applicants who are 

applying for a renewal of a legal services 

grant. VA will set forth specific point 

values to be awarded for each criterion 

in the NOFO. VA will use the following 

criteria to score grantees applying for 

renewal of a legal services grant: 

(a) VA will award points based on the 

success of the grantee’s program, as 

demonstrated by the following: 

(1) Participants were satisfied with 

the legal services provided by the 

grantee. 

(2) The grantee delivered legal 

services to participants in a timely 

manner. 

(3) The grantee implemented the 

program by developing and sustaining 

relationships with community partners 

to refer veterans in need of legal 

services. 

(4) The grantee was effective in 

conducting outreach to eligible veterans, 

including specifically to women 

veterans, and increased engagement of 

eligible veterans seeking legal services 

provided by the grantee. 

(b) VA will award points based on the 

cost effectiveness of the grantee’s 

program, as demonstrated by the 

following: 

(1) The cost per participant was 

reasonable. 

(2) The grantee’s program was 

effectively implemented within budget. 

(c) VA will award points based on the 

extent to which the grantee complied 

with the Grant Program’s goals and 

requirements, as demonstrated by the 

following: 

(1) The grantee’s program was 

administered in accordance with VA’s 

goals for the Grant Program as described 

in the NOFO. 

(2) The grantee’s program was 

administered in accordance with all 

applicable laws, regulations, and 

guidelines. 

(3) The grantee’s program was 

administered in accordance with the 

grantee’s legal services grant agreement. 

§ 79.50 Selecting grantees for renewal of 

legal services grants. 

VA will use the following process to 

select grantees applying for renewal of 

legal services grants: 

(a) So long as the grantee continues to 

meet the threshold requirements set 

forth in § 79.30, VA will score the 

grantee using the scoring criteria set 

forth in § 79.45. 

(b) VA will rank those grantees who 

receive at least the minimum amount of 

total points and points per category set 

forth in the NOFO. The grantees will be 

ranked in order from highest to lowest 

scores. 

(c) VA will use the grantee’s ranking 

as the basis for selection for funding. VA 

will fund the highest-ranked grantees 

for which funding is available. 

(d) At its discretion, VA may award 

any non-renewed funds to an applicant 

or existing grantee. If VA chooses to 

award non-renewed funds to an 

applicant or existing grantee, funds will 

be awarded as follows: 

(1) VA will first offer to award the 

non-renewed funds to the applicant or 

grantee with the highest grant score 

under the relevant NOFO that applies 

for, or is awarded a renewal grant in, the 

same community as, or a proximate 

community to, the affected community. 

Such applicant or grantee must have the 

capacity and agree to provide prompt 

services to the affected community. For 

the purposes of this section, the relevant 

NOFO is the most recently published 


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NOFO which covers the geographic area 

that includes the affected community, or 

for multi-year grant awards, the NOFO 

for which the grantee, who is offered the 

additional funds, received the multiyear award. 

(2) If the first such applicant or 

grantee offered the non-renewed funds 

refuses the funds, VA will offer to award 

the funds to the next highest-ranked 

such applicant or grantee, per the 

criteria in paragraph (d)(1) of this 

section, and continue on in rank order 

until the non-renewed funds are 

awarded. 

(e) If a grantee would have been 

selected but for a procedural error 

committed by VA, VA may select that 

grantee for funding when sufficient 

funds become available if there is no 

material change in the information that 

would have resulted in the grantee’s 

selection. A new application would not 

be required. 

§ 79.55 General operation requirements. 

(a) Eligibility documentation. (1) Prior 

to providing legal services, grantees 

must verify and document each 

veteran’s eligibility for legal services 

and classify the veteran based on the 

eligible veteran criteria as set forth in 

§ 79.15. 

(2) Once the grantee initiates legal 

services, the grantee will continue to 

provide legal services to the participant 

through completion of the legal services 

so long as the participant continues to 

meet the eligibility criteria set forth in 

§ 79.15. 

(3) If a grantee finds at any point in 

the grant award period that a participant 

is ineligible to receive legal services 

under this part, or the provider is 

unable to meet the legal needs of that 

participant, the grantee must document 

the reason for the participant’s 

ineligibility or the grantee’s inability to 

provide legal services and provide the 

veteran information on other available 

programs or resources or provide a 

referral to another legal services 

organization that is able to meet the 

veteran’s needs. 

(b) Legal services documentation. For 

each participant who receives legal 

services from the grantee, the grantee 

must document the legal services 

provided, how such services were 

provided, the duration of the services 

provided, any goals for the provision of 

such services, and measurable outcomes 

of the legal services provided as 

determined by the Secretary, such as 

whether the participant’s legal issue was 

resolved. 

(c) Confidentiality. Grantees must 

maintain the confidentiality of records 

kept in connection to legal services 

provided to participants. Grantees that 

provide legal services must establish 

and implement procedures to ensure the 

confidentiality of: 

(1) Records pertaining to any 

participant, and 

(2) The address or location where the 

legal services are provided. 

Such confidentiality should be 

consistent with the grantee’s State bar 

rules on confidentiality in an attorneyclient relationship. 

(d) Notifications to participants. Prior 

to initially providing legal services to a 

participant, the grantee must notify each 

participant of the following: 

(1) The legal services are being paid 

for, in whole or in part, by VA; 

(2) The legal services available to the 

participant through the grantee’s 

program; and 

(3) Any conditions or restrictions on 

the receipt of legal services by the 

participant. 

(e) Assessment of funds. Grantees 

must regularly assess how legal services 

grant funds can be used in conjunction 

with other available funds and services 

to ensure continuity of program 

operations and to assist participants. 

(f) Administration of legal services 

grants. Grantees must ensure that legal 

services grants are administered in 

accordance with the requirements of 

this part, the legal services grant 

agreement, and other applicable laws 

and regulations. Grantees are 

responsible for ensuring that any 

subcontractors carry out activities in 

compliance with this part. 

§ 79.60 Fee prohibition. 

Grantees must not charge a fee to 

participants for providing legal services 

that are funded with amounts from a 

legal services grant under this part. 

§ 79.65 Notice of Funding Opportunity 

(NOFO). 

When funds are available for legal 

services grants, VA will publish a NOFO 

in the Federal Register and on 

grants.gov. The notice will identify: 

(a) The location for obtaining legal 

services grant applications; 

(b) The date, time, and place for 

submitting completed legal services 

grant applications; 

(c) The estimated amount and type of 

legal services grant funding available, 

including the maximum grant funding 

available per award; 

(d) Any priorities for or exclusions 

from funding to meet the statutory 

mandates of 38 U.S.C. 2022A and VA 

goals for the Grant Program; 

(e) The length of term for the legal 

services grant award; 

(f) Specific point values to be awarded 

for each criterion listed in §§ 79.35 and 

79.45; 

(g) The minimum number of total 

points and points per category that an 

applicant or grantee, as applicable, must 

receive in order for a legal services grant 

to be funded; 

(h) Any maximum uses of legal 

services grant funds for specific legal 

services; 

(i) The timeframes and manner for 

payments under the legal services grant; 

and 

(j) Other information necessary for the 

legal services grant application process 

as determined by VA, including the 

requirements, goals, and objectives of 

the Grant Program, and how the 

preference under § 79.40(d)(3) may be 

met. 

§ 79.70 Legal services grant agreements. 

(a) After an applicant is selected for 

a legal services grant in accordance with 

§ 79.40, VA will draft a legal services 

grant agreement to be executed by VA 

and the grantee. Upon execution of the 

legal services grant agreement, VA will 

obligate legal services grant funds to 

cover the amount of the approved legal 

services grant, subject to the availability 

of funding. The legal services grant 

agreement will provide that the grantee 

agrees, and will ensure that each 

subcontractor agrees, to: 

(1) Operate the program in accordance 

with the provisions of this part and the 

applicant’s legal services grant 

application; 

(2) Comply with such other terms and 

conditions, including recordkeeping 

and reports for program monitoring and 

evaluation purposes, as VA may 

establish for purposes of carrying out 

the Grant Program, in an effective and 

efficient manner; and 

(3) Provide such additional 

information as deemed appropriate by 

VA. 

(b) After a grantee is selected for 

renewal of a legal services grant in 

accordance with § 79.50, VA will draft 

a legal services grant agreement to be 

executed by VA and the grantee. Upon 

execution of the legal services grant 

agreement, VA will obligate legal 

services grant funds to cover the amount 

of the approved legal services grant, 

subject to the availability of funding. 

The legal services grant agreement will 

contain the same provisions described 

in paragraph (a) of this section. 

(c) No funds provided under this part 

may be used to replace Federal, State, 

tribal, or local funds previously used, or 

designated for use, to assist eligible 

veterans. 


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33046 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 

§ 79.75 Program or budget changes and 

corrective action plans. 

(a) A grantee must submit to VA a 

written request to modify a legal 

services grant for any proposed 

significant change that will alter its legal 

services grant program. If VA approves 

such change, VA will issue a written 

amendment to the legal services grant 

agreement. A grantee must receive VA’s 

approval prior to implementing a 

significant change. Significant changes 

include, but are not limited to, a change 

in the grantee or any subcontractors 

identified in the legal services grant 

agreement; a change in the area or 

community served by the grantee; 

additions or deletions of legal services 

provided by the grantee; a change in 

category of eligible veterans to be 

served; and a change in budget line 

items that are more than 10 percent of 

the total legal services grant award. 

(1) VA’s approval of changes is 

contingent upon the grantee’s amended 

application retaining a sufficient rank to 

have been competitively selected for 

funding in the year that the application 

was granted. 

(2) Each legal services grant 

modification request must contain a 

description of the revised proposed use 

of legal services grant funds. 

(b) VA may require that the grantee 

initiate, develop, and submit to VA for 

approval a Corrective Action Plan (CAP) 

if, on a quarterly basis, actual legal 

services grant expenditures vary from 

the amount disbursed to a grantee for 

that same quarter or actual legal services 

grant activities vary from the grantee’s 

program description provided in the 

legal services grant agreement. 

(1) The CAP must identify the 

expenditure or activity source that has 

caused the deviation, describe the 

reason(s) for the variance, provide 

specific proposed corrective action(s), 

and provide a timetable for 

accomplishment of the corrective 

action. 

(2) After receipt of the CAP, VA will 

send a letter to the grantee indicating 

that the CAP is approved or 

disapproved. If disapproved, VA will 

make beneficial suggestions to improve 

the proposed CAP and request 

resubmission or take other actions in 

accordance with this part. 

(c) Grantees must inform VA in 

writing of any key personnel changes 

(e.g., new executive director, grant 

program director, or chief financial 

officer) and grantee address changes 

within 30 days of the change. 

(The Office of Management and 

Budget has approved the information 

collection provisions in this section 

under control number 2900–TBD.) 

§ 79.80 Faith-based organizations. 

(a) Organizations that are faith-based 

are eligible, on the same basis as any 

other organization, to participate in the 

Grant Program under this part. 

Decisions about awards of Federal 

financial assistance must be free from 

political interference or even the 

appearance of such interference and 

must be made on the basis of merit, not 

on the basis of religion or religious 

belief or lack thereof. 

(b)(1) No organization may use direct 

financial assistance from VA under this 

part to pay for explicitly religious 

activities such as religious worship, 

instruction, or proselytization; or 

equipment or supplies to be used for 

any of those activities. 

(2) References to financial assistance 

are deemed to be references to direct 

Federal financial assistance, unless the 

referenced assistance meets the 

definition of indirect Federal financial 

assistance in this part. 

(c) Organizations that engage in 

explicitly religious activities, such as 

worship, religious instruction, or 

proselytization, must offer those 

services separately in time or location 

from any programs or services funded 

with direct financial assistance from VA 

under this part, and participation in any 

of the organization’s explicitly religious 

activities must be voluntary for the 

participants of a program or service 

funded by direct financial assistance 

from VA under this part. 

(d) A faith-based organization that 

participates in the Grant Program under 

this part will retain its independence 

from Federal, State, or local 

governments and may continue to carry 

out its mission, including the definition, 

practice and expression of its religious 

beliefs, provided that it does not use 

direct financial assistance from VA 

under this part to support any explicitly 

religious activities, such as worship, 

religious instruction, or proselytization. 

Among other things, faith-based 

organizations may use space in their 

facilities to provide VA-funded services 

under this part, without concealing, 

removing, or altering religious art, icons, 

scripture, or other religious symbols. In 

addition, a VA-funded faith-based 

organization retains its authority over its 

internal governance, and it may retain 

religious terms in its organization’s 

name, select its board members and 

otherwise govern itself on a religious 

basis, and include religious reference in 

its organization’s mission statements 

and other governing documents. 

(e) An organization that participates 

in the Grant Program shall not, in 

providing legal services, discriminate 

against a program participant or 

prospective participant regarding legal 

services on the basis of religion or 

religious belief. 

(f) If a State or local government 

voluntarily contributes its own funds to 

supplement federally funded activities, 

the State or local government has the 

option to segregate the Federal funds or 

commingle them. However, if the funds 

are commingled, this provision applies 

to all of the commingled funds. 

(g) To the extent otherwise permitted 

by Federal law, the restrictions on 

explicitly religious activities set forth in 

this section do not apply where VA 

funds are provided to faith-based 

organizations through indirect Federal 

financial assistance. A faith-based 

organization may receive such funds as 

the result of a participant’s genuine and 

independent choice if, for example, a 

participant redeems a voucher, coupon, 

or certificate, allowing the participant to 

direct where funds are to be paid, or a 

similar funding mechanism provided to 

that participant and designed to give 

that participant a choice among 

providers. 

§ 79.85 Visits to monitor operations and 

compliance. 

(a) VA has the right, at all reasonable 

times, to make visits to all grantee 

locations where a grantee is using legal 

services grant funds in order to review 

grantee accomplishments and 

management control systems and to 

provide such technical assistance as 

may be required. VA may conduct 

inspections of all program locations and 

records of a grantee at such times as are 

deemed necessary to determine 

compliance with the provisions of this 

part. If a grantee delivers services in a 

participant’s home, or at a location away 

from the grantee’s place of business, VA 

may accompany the grantee. If the 

grantee’s visit is to the participant’s 

home, VA will only accompany the 

grantee with the consent of the 

participant. If any visit is made by VA 

on the premises of the grantee or a 

subcontractor under the legal services 

grant, the grantee must provide, and 

must require its subcontractors to 

provide, all reasonable facilities and 

assistance for the safety and 

convenience of the VA representatives 

in the performance of their duties. All 

visits and evaluations will be performed 

in such a manner as will not unduly 

delay services. 

(b) The authority to inspect carries 

with it no authority over the 

management or control of any applicant 

or grantee under this part. 


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Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 33047 

§ 79.90 Financial management and 

administrative costs. 

(a) Grantees must comply with 

applicable requirements of the Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards under 2 CFR part 200. 

(b) Grantees must use a financial 

management system that provides 

adequate fiscal control and accounting 

records and meets the requirements set 

forth in 2 CFR part 200. 

(c) Payment up to the amount 

specified in the legal services grant must 

be made only for allowable, allocable, 

and reasonable costs in conducting the 

work under the legal services grant. The 

determination of allowable costs must 

be made in accordance with the 

applicable Federal Cost Principles set 

forth in 2 CFR part 200. 

(d) Costs for administration by a 

grantee must not exceed 10 percent of 

the total amount of the legal services 

grant. Administrative costs will consist 

of all costs associated with the 

management of the program, including 

administrative costs of subcontractors. 

§ 79.95 Grantee reporting requirements. 

(a) VA may require grantees to 

provide, in such form as may be 

prescribed, such reports or answers in 

writing to specific questions, surveys, or 

questionnaires as VA determines 

necessary to carry out the Grant 

Program. 

(b) At least once per year, or at the 

frequency set by VA, each grantee must 

submit to VA a report containing 

information relating to operational 

effectiveness; fiscal responsibility; legal 

services grant agreement compliance; 

and legal and regulatory compliance. 

This report must include a breakdown 

of how the grantee used the legal 

services grant funds; the number of 

participants assisted; information on 

each participant’s gender, age, race, and 

service era; a description of the legal 

services provided to each participant; 

and any other information that VA 

requests. 

(c) VA may request additional reports 

to allow VA to fully assess the provision 

legal services under this part. 

(d) Grantees must relate financial data 

to performance data and develop unit 

cost information whenever practical. 

(e) All pages of the reports must cite 

the assigned legal services grant number 

and be submitted in a timely manner as 

set forth in the grant agreement. 

(f) Grantees must provide VA with 

consent to post information from reports 

on the internet and use such 

information in other ways deemed 

appropriate by VA. Grantees must 

clearly redact information that is 

confidential based on attorney-client 

privilege, unless that privilege has been 

waived by the client. 

(The Office of Management and 

Budget has approved the information 

collection provisions in this section 

under control number 2900–TBD.) 

§ 79.100 Recordkeeping. 

Grantees must ensure that records are 

maintained for at least a 3-year period 

to document compliance with this part. 

Grantees must produce such records at 

VA’s request. 

§ 79.105 Technical assistance. 

VA will provide technical assistance, 

as necessary, to applicants and grantees 

to meet the requirements of this part. 

Such technical assistance will be 

provided either directly by VA or 

through contracts with appropriate 

public or non-profit private entities. 

§ 79.110 Withholding, suspension, 

deobligation, termination, and recovery of 

funds by VA. 

VA will enforce this part through 

such actions as may be appropriate. 

Appropriate actions include 

withholding, suspension, deobligation, 

termination, recovery of funds by VA, 

and actions in accordance with 2 CFR 

part 200. 

§ 79.115 Legal services grant closeout 

procedures. 

Legal services grants will be closed 

out in accordance with 2 CFR part 200. 

[FR Doc. 2022–10930 Filed 5–31–22; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Special Handling—Fragile 

Discontinued 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) in various 

sections to discontinue the Special 

Handling—Fragile extra service. 

DATES: Effective June 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Karen F. Key at (202) 268–7492 or Garry 

Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: On April 

20, 2022, the Postal Service published a 

notice of proposed rulemaking (87 FR 

23480–23482) to discontinue the 

Special Handling—Fragile extra service. 

The Postal Service did not receive any 

formal responses. 

The Postal Service is discontinuing 

the Special Handling—Fragile extra 

service. An investigation revealed that 

operational procedures do not support 

the preferential handling of Special 

Handling—Fragile items. 

The Postal Service continues to strive 

to build and maintain a loyal 

relationship with its customers and 

provide products and services with 

integrity. However, with the execution 

gaps that currently exist with Special 

Handling—Fragile, the Postal Service 

believes it is in the best interest to 

discontinue the Special Handling— 

Fragile extra service. 

The decision to discontinue Special 

Handling—Fragile will not affect live 

animals tendered to the Postal Service 

as provided in Publication 52— 

Hazardous, Restricted, and Perishable 

Mail. 

In addition, the Postal Service is 

revising the applicable Quick Service 

Guides (QSG), Price List (Notice 123), 

and Publication 52, to reflect this DMM 

revision. 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

500 Additional Services 

503 Extra Services 

1.0 Basic Standards for All Extra 

Services 

* * * * * 

1.4 Eligibility for Extra Services 

* * * * * 

1.4.1 Eligibility—Domestic Mail 

* * * * * 


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