83 FR 25915 - Case Management Services Grant Program

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range		25915-25920
FR Document		2018-12048

The Department of Veterans Affairs (VA) is amending its regulations that govern programs benefitting homeless veterans to implement a new statutory requirement to establish a new grant program that will provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and to veterans who are at risk of becoming homeless. The grant program established by this interim final rule will be an essential part of VA's attempts to eliminate homelessness among the veteran population.

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25915-25920]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-12048]

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AQ15

Case Management Services Grant Program

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations that govern programs benefitting homeless veterans to
implement a new statutory requirement to establish a new grant program
that will provide case management services to improve the retention of
housing by veterans who were previously homeless and are transitioning
to permanent housing and to veterans who are at risk of becoming
homeless. The grant program established by this interim final rule will
be an essential part of VA's attempts to eliminate homelessness among
the veteran population.

DATES: This final rule is effective June 5, 2018. Comments must be
received on or before August 6, 2018.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to: Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Ave. NW, Room 1063B, Washington, DC 20420; or by fax to (202)
273-9026. (This is not a toll-free telephone number.) Comments should
indicate that they are submitted in response to ``RIN 2900-AQ15--Case
Management Services Grant Program.'' Copies of comments received will
be available for public inspection in the Office of Regulation Policy
and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. (This is not a toll-free telephone number.) In
addition, during the comment period, comments may be viewed online
through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeffery Quarles, Director, Grant and
Per Diem Program, (10NC1HM), VA National Grant and Per Diem Program
Office, 10770 N 46th Street, Suite C-200, Tampa, FL 33617, (877) 332-
0334. (This is a toll-free number.)

SUPPLEMENTARY INFORMATION: In an effort to reduce homelessness in the
veteran population, Congress has required VA to expand its benefits for
homeless veterans by establishing a new grant program to provide funds
to organizations within communities that will provide case management
services to improve the retention of housing by veterans who were
previously homeless and are transitioning to permanent housing and to
veterans who are at risk of becoming homeless. See Public Law 114-315,
sec. 712 (Dec. 16, 2016) (codified at 38 U.S.C. 2013). This interim
final rule adds this new case management program to VA's Homeless
Providers Grant and Per Diem Program regulations by adding a new
subpart G to 38 CFR part 61 to accurately reflect these changes in law.
The new case management program will mirror existing homeless grant per
diem programs as much as possible for ease of administrating and
running the new grant program.

61.90 Grant for Case Management Services--Program

Paragraph (a) of Sec. 61.90 states that non-profit organizations
and State, local, and tribal governments are eligible to apply for a
grant to provide case management services. (For purposes of this
program, the term ``tribal government'' means an entity described in
paragraph (2) of the definition of public entity in 38 CFR 61.1.) To
ensure that grant funding is used to provide case management services
to as many veterans as possible, this same paragraph provides that case
management services grant funds under this program ``may not be used
for veterans who are receiving case management services from permanent
supportive housing programs (e.g. Housing and Urban Development-VA
Supportive Housing) or rapid re-housing/homeless prevention programs
(e.g. Supportive Services for Veterans Families (SSVF)).'' Paragraph
(b) identifies examples of case management services that grantees can
provide using these grant funds. Such services include, but are not
limited to, ``Making home visits by the case manager to monitor housing
stability; Providing or coordinating educational activities related to
meal planning, tenant responsibilities, the use of public
transportation, community resources, financial management, and the
development of natural supports; Making referrals to needed services,
such as mental health, substance use disorder, medical, and employment
services; and Participating in case conferencing with other service
providers who are working with the veteran.'' Paragraph (c) sets a 6-
month time limit for veterans to receive case management services.
However, VA may approve a request to extend services beyond the 6-month
period if an organization submits a request to VA in writing and VA
approves it before the 6-month time limit expires. Because in most
circumstances case management services are provided to veterans after
they have been in receipt of benefits under the Grant and Per Diem
Program, VA believes that 6 months would, in most cases, be sufficient
time for a veteran to have the necessary tools in place to retain
permanent housing.

61.92 Grant for Case Management Services--Application and Rating
Criteria

For ease of administration and internal consistency between grant
programs benefiting homeless veterans, VA will, to the extent
applicable and appropriate, adopt standards for the

[[Page 25916]]

new case management services grant program from its existing capital
grants program. VA has successfully used the application package
requirements and rating criteria for the capital grants program found
in in Sec. Sec. 61.12 and 61.13 for other grant programs. See
Sec. Sec. 61.32 and 61.41, We, therefore, adopt these requirements and
rating criteria as relevant and slightly modified to meet the needs of
the case management services grant program, expecting their use will
render equally successful results here. Specifically, an applicant must
submit an application package for case management services grants,
which must:
Be on the correct application form.
Be completed in all parts, including all information
requested in the Notice of Fund Availability (NOFA).
Include a signed Application for Federal Assistance (SF
424) that contains the Employer Identification Number or Taxpayer
Identification Number (EIN/TIN) that corresponds to the applicant's
Internal Revenue Service (IRS) 501(c)(3) or (19) determination letter.
Applicants that apply under a group EIN/TIN must be identified by the
parent EIN/TIN as a member or sub-unit of the parent EIN/TIN and
provide supporting documentation.
Be received before the deadline specified by the NOFA.
In addition, the applicant must be an eligible entity at the time
of application; the activities for which funding is requested must be
eligible for funding under this subpart; the applicant must submit an
application and agree to comply with the requirements of this subpart
and demonstrate the capacity to do so; the applicant must not have any
outstanding obligation to VA that is in arrears, or have an overdue or
unsatisfactory response to an audit; and, the applicant must not have
been notified by VA as being in default. If the applicant does not meet
any one of these requirements, the application will be rejected without
further consideration.
As to the rating criteria, the criteria in Sec. 61.13 have been
adopted and modified for purposes of this more narrow program, as
listed in full in the regulatory text. So, an applicant under this
program must receive at least 750 points out of a possible 1000 in
order to be considered eligible to receive a grant for case management
services. Generally speaking, VA will grant points as follows: Up to
400 points for project planning; up to 200 points for the applicant's
ability to develop and operate a project; up to 150 points for the
demonstration of a substantial unmet need for supportive services for
formerly homeless veterans; up to 50 points based on the review panel's
confidence that the applicant has effectively demonstrated that the
grant can be completed as described in the application; and up to 200
points for demonstrating the applicant has coordinated with Federal,
state, local, private and other entities serving homeless persons or
persons at risk for homelessness in the planning and operation of the
case management services project.

61.94 Grant for Case Management Services--Selection of Grantees

Section 61.94 describes the selection process for grants available
under this subpart and sets out the priorities among applicants as
established in the law. Public Law 114-315 mandates that VA give extra
priority to organizations that voluntarily stop receiving amounts
provided by the Secretary under sections 2012 and 2061 of title 38 and
converts a facility that the organization used to provide transitional
housing services into a facility that the organization uses to provide
permanent housing that meets housing quality standards established
under section 8(o)(8)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(8)(B)). This extra priority is provided for in
paragraph (a)(1) of Sec. 61.94. We would add that in order to obtain
this extra priority, organizations must provide documentation showing
that the permanent housing meets these housing quality standards. VA
will thus award case management services grants first to applicants
whose applications that meet the criteria of Sec. 61.94(a)(1). The
Public Law also states that VA shall give priority to organizations
that demonstrate a capability to provide case management services . . .
particularly organizations that are successfully providing or have
successfully provided transitional housing services using amounts
provided by the Secretary under sections 2012 and 2061 of title 38. We
are stating this priority in paragraph (a)(2). So, once all
applications described in the ``extra priority'' paragraph are awarded
a grant, VA will award grants to those who qualify for priority under
paragraph (a)(2). Paragraph (a)(3) provides that VA may also consider
applications from other organizations without a Grant and Per Diem
grant that seek to provide time limited case management services ``to
formerly homeless veterans who have exited VA transitional housing or
other VA homeless residential treatment services to permanent
housing.'' In order to permit VA to rank applications for these grants
within each priority, paragraph (b) will state that within each of the
three priorities in paragraph (a), an application with more points
using the rating criteria in Sec. 61.92(b) will be given a higher
priority for a grant award. Ranking applications within each priority
would be needed if VA only has enough funds to award grants to some but
not all applicants in one of the above priorities.

61.96 Grant for Case Management Services--Awards

Section 61.96 describes the award and funding process for grants
available under this subpart and identifies permissible uses for the
grant funds. Paragraph (a) states that funding for grants for case
management services will be offered from the Grant and Per Diem Program
budget and will be annually limited by VA's funding availability and
commitments to existing programs. VA's aim is to alert potential
applicants that yearly funding for the program may vary, which will be
stated in the NOFA. Because the available funding for the grants for
case management services is limited, paragraph (b) identifies the
limited authorized uses of grant funds for costs associated with
administrating these grants. Specifically, case management services
grant funds may be used for the following administrative purposes:
Providing funding for case management staff; providing transportation
for the case manager; providing cell phones and computers to facilitate
home visits and other case management activities associated with the
grant; and, providing office furniture for the use of the case
management staff. For all grants awarded under this section, VA will
incorporate into the grant agreements the agreement and funding actions
described in Sec. 61.61, which currently apply to the Grant and Per
Diem Program. This will help align operations for this new grant
program with current Grant and Per Diem Program practices. Paragraph
(c) therefore states that VA will execute an agreement and make
payments to the grantee in accordance with the award and funding
actions applicable to the Grant and Per Diem Program as described in
Sec. 61.61.

61.98 Grant for Case Management Services--Requirements and Oversight

Section 61.98 provides that VA will oversee grants to make certain
that grantees operate their programs in accordance with the
requirements of Sec. Sec. 61.90 through 61.98. VA's oversight
responsibilities include reviewing and responding to requests from
grantees for extensions to the otherwise applicable maximum 6-month
time limit. Further,

[[Page 25917]]

this section states that grantees must also comply with the
requirements of 38 CFR 61.65, 61.67(d), 61.67(e), and 61.80(c), (g),
(h), (i), (n), (o), (p), and (q). Section 61.80 sets forth requirements
for supportive housing and service centers for which assistance is
provided under part 61. The assistance provided with case management
services grants will not be for the construction, acquisition,
renovation, or operation of supportive housing or service centers. We
will thus not require grantees under this program to comply with those
requirements in Sec. 61.80 pertaining to housing and service centers.
For example, VA will not require the housing in which the veterans who
obtain services under this program reside to comply with the Life
Safety code and state and local housing codes, licensing requirements,
fire and safety requirements, or any other State of local requirements
as would be otherwise imposed under Sec. 61.80(a). We will also not
require that supportive housing in which veterans who receive
assistance under this program reside comply with the structural, space,
and operational requirements in Sec. 61.80(b) through (f), (m), and
(r). We will not require compliance under this program with the
requirements for service centers in Sec. 61.80(k) and (l). Finally, we
have addressed the requirements in Sec. 61.80(j) by providing that VA
may disapprove use of services provided by the grantee if VA determines
that such services are of unacceptable quality in which case grant
funds may not be used to pay for such services. VA lacks the authority
to manage private or public entities and can only select grantees and
oversee compliance with the terms of grant agreements consistent with
Sec. Sec. 61.90 through 61.98. VA similarly inspects and provides
oversight to other Grant and Per Diem programs as a means to verify
that grant funds and services are properly delivered by the grantee. As
all transitional housing grants have some form of case management, we
will apply the oversight requirements of 38 CFR part 61, subpart F, (in
addition to those specifically listed above in Sec. 61.80) as
applicable, to grantees in the case management services program.

Administrative Procedure Act

In accordance with U.S.C. 553(b)(B) and (d)(3), the Secretary of
Veterans Affairs has concluded that there is good cause to publish this
rule without prior opportunity for public comment and to publish this
rule with an immediate effective date. This final rule implements the
mandates of section 712 of Public Law 114-315. Section 712 mandates
that VA have regulations in place to implement this section no later
than one year after the date of the enactment of the Public Law, which
was December 16, 2017. One of VA's top priorities is the elimination of
homelessness among the veteran population. This rule will, in support
of this goal, provide veterans with case management services that will
assist them in obtaining and maintaining permanent housing. This rule
incorporates statutory requirements and complements the already
existing Grant and Per Diem Program. The additional time associated
with a public comment period would disadvantage and cause hardship to
veterans who are in immediate or near-future need of the case
management services available under this program (to avoid lapsing to a
state of homelessness) and therefore would be contrary to the public
interest. The Secretary finds that it is impracticable and contrary to
the public interest to delay this rule for the purpose of soliciting
advance public comment or to have a delayed effective date. For the
above reason, the Secretary issues this rule as an interim final rule
with an immediate effective date. VA will consider and address comments
that are received within 60 days of the date this interim final rule is
published in the Federal Register.

Effect of Rulemaking

Title 38 of the Code of Federal Regulations, as revised by this
interim final rule, represents VA's implementation of its legal
authority on this subject. Other than future amendments to this
regulation or governing statutes, no contrary guidance or procedures
are authorized. All existing or subsequent VA guidance must be read to
conform with this rule if possible or, if not possible, such guidance
is superseded by this rule.

Paperwork Reduction Act

This interim final rule includes a provision constituting a
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that requires 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 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 61.92 contains a collection
of information under the Paperwork Reduction Act of 1995. If OMB does
not approve the collection of information as requested, VA will
immediately remove the provision containing a collection of information
or take such other action as is directed by OMB.
Comments on the collection of information contained in this interim
final rule should be submitted to the Office of Management and Budget,
Attention: Desk Officer for the Department of Veterans Affairs, Office
of Information and Regulatory Affairs, Washington, DC 20503, with
copies sent by mail or hand delivery to the Director, Regulations
Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue
NW, Room 1068, Washington, DC 20420; fax to (202) 273-9026; or through
www.Regulations.gov. Comments should indicate that they are submitted
in response to ``RIN 2900-AQ15 Case Management Services Grant
Program.''
OMB is required to make a decision concerning the collections of
information contained in this interim final rule between 30 and 60 days
after publication of this document in the Federal Register. Therefore,
a comment to OMB is best assured of having its full effect if the
comment is received within 30 days of publication. This does not affect
the 60-day deadline for the public to comment on the interim final
rule.
VA considers comments by the public on proposed collections of
information in--
Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of VA,
including whether the information will have practical utility;
Evaluating the accuracy of VA's estimate of the burden of
the proposed collections of information, including 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 regulatory section 38
CFR 61.92 are described immediately following this paragraph, under
their respective titles.
Title: Case Management Services Grant Program.
Summary of collection of information: Paragraph (a) requires that
the applicant must meet the application requirements

[[Page 25918]]

in this paragraph (a) or the application will be rejected and not
considered further. Such documentation must be submitted to VA by the
deadline established in the Notice of Fund Availability.
Description of the need for information and use of information: The
information is needed to establish eligibility for a case management
services grant.
Description of likely respondents: Non-profit organizations, State
and local governments, or Tribal Indian governments who seek to receive
a case management services grant.
Estimated number of respondents per month/year: 100.
Estimated frequency of responses per month/year: 1 time per year.
Estimated average burden per response: 35 minutes.
Estimated total annual reporting and recordkeeping burden: 58
hours.

Regulatory Flexibility Act

The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will only impact those entities that choose to
participate and apply for a grant. Small entity applicants will not be
affected to a greater extent than large entity applicants. Small
entities must elect to participate, and it is considered a benefit to
those who choose to apply. To the extent this final rule will have any
impact on small entities, it will not have an impact on a substantial
number of small entities. VA estimates that possibly up to 150
organizations will submit grant applications under this program and so
be affected by this rule. The Secretary therefore certifies that the
adoption of this final rule will not have a significant economic impact
on a substantial number of small entities as they are defined in the
Regulatory Flexibility Act, 5 U.S.C. 601-612. Therefore, pursuant to 5
U.S.C. 605(b), this rulemaking is exempt from the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866, 13563 and 13771

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' requiring review by OMB, unless OMB
waives such review, as any regulatory action that is likely to result
in a rule that may: (1) Have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order. The economic, interagency, budgetary, legal, and
policy implications of this regulatory action have been examined, and
it has been determined not to be a significant regulatory action under
Executive Order 12866. VA's impact analysis can be found as a
supporting document at http://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's website
at http://www.va.gov/orpm/, by following the link for ``VA Regulations
Published From FY 2004 Through Fiscal Year to Date.'' This rule is not
an E.O. 13771 regulatory action because this rule is not significant
under E.O. 12866.

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 the private sector.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance program number and title
for this interim final rule are as follows: 64.024 VA Homeless
Providers Grant and Per Diem Program.

Signing Authority

The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Jacquelyn
Hayes-Byrd, Acting Chief of Staff, Department of Veterans Affairs,
approved this document on May 31, 2018, for publication.

Dated: May 31, 2018.
Consuela Benjamin,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.

List of Subjects in 38 CFR Part 61

Administrative practice and procedure, Alcohol abuse, Alcoholism,
Day care, Dental health, Drug abuse, Government contracts, Grant
programs--health, Grant programs-veterans, Health care, Health
facilities, Health professions, Health records, Homeless, Mental health
programs, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.

For the reasons set forth in the preamble, we are amending 38 CFR
part 61 as follows:

PART 61--VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM

0
1. The authority citation for part 61 is revised to read as follows:

Authority: 38 U.S.C. 501, 2001, 2002, 2011, 2012, 2013, 2061,
2064.

0
2. Add subpart G to read as follows:
Subpart G--Case Management Services Grant Program
Sec.
61.90 Grant for case management services--program.
61.92 Grant for case management services--application and rating
criteria.
61.94 Grant for case management services--selection of grantees.
61.96 Grant for case management services--awards.
61.98 Grant for case management services--requirements and
oversight.

Sec. 61.90 Grant for case management services--program.

(a) General. VA may award grants for case management services to
non-profit organizations and State, local and tribal governments for
the provision of case management services to improve the retention of
housing by veterans who were previously homeless and are

[[Page 25919]]

transitioning to permanent housing and to veterans who are at risk of
becoming homeless. (For purposes of this program, the term ``tribal
government'' means an entity described in paragraph (2) of the
definition of ``public entity'' in 38 CFR 61.1.) The goals of the grant
program are: The maintenance of permanent housing by a veteran
following discharge from homeless residential services, a reduction in
recidivism, and an increase in exits to permanent housing. These grant
funds may not be used for veterans who are receiving case management
services from permanent supportive housing programs (e.g. Housing and
Urban Development--VA Supportive Housing) or rapid re-housing/homeless
prevention programs (e.g. Supportive Services for Veterans Families
(SSVF)).
(b) Case management services. Case management services include, but
are not limited to, the following:
(1) Making home visits by the case manager to monitor housing
stability;
(2) Providing or coordinating educational activities related to
meal planning, tenant responsibilities, the use of public
transportation, community resources, financial management, and the
development of natural supports;
(3) Making referrals to needed services, such as mental health,
substance use disorder, medical, and employment services; and
(4) Participating in case conferencing with other service providers
who are working with the veteran.
(c) Time limit. Case management services may be provided for a
particular veteran for up to 6 months, unless VA receives and approves
a written request for additional time before the 6-month time limit
expires.

Sec. 61.92 Grant for case management services--application and rating
criteria.

(a) General requirements. When funds are available for grants for
case management services authorized under Sec. Sec. 61.90 through
61.98, VA will publish a Notice of Fund Availability (NOFA) in the
Federal Register in accordance with Sec. 61.3. The applicant must meet
all of the following requirements or the application will be rejected
without further consideration:
(1) The applicant must submit an application and comply with the
application requirements identified in the NOFA, e.g., complete all
parts of the correct form and include all information requested in the
NOFA.
(2) Include a signed Application for Federal Assistance (SF 424)
that contains the applicant's Employer Identification Number or
Taxpayer Identification Number (EIN/TIN). All non-profit applicants
must provide their Internal Revenue Service 501(c)(3) or (19)
determination letter, which includes the EIN/TIN contained in the
application. Applicants that apply under a group EIN/TIN must be
identified by the parent EIN/TIN as a member or sub-unit of the parent
EIN/TIN and provide supporting documentation.
(3) The application must be received before the deadline
established in the NOFA.
(4) The applicant must be a nonprofit organization or a State,
local, or tribal government.
(5) The activities for which assistance is requested must be
eligible for funding under Sec. Sec. 61.90-61.98.
(6) The applicant must agree to comply with the requirements of
Sec. Sec. 61.90 through 61.98 and demonstrate the capacity to do so.
(7) The applicant must not have an outstanding obligation to VA
that is in arrears, or have an overdue or unsatisfactory response to an
audit.
(8) The applicant must not have been notified by VA as being in
default.
(b) Rating criteria. To be eligible for a case management grant, an
applicant must receive at least 750 points (out of a possible 1000) and
must receive points under paragraphs (c) through (f) of this section.
(c) Project plan. VA will award up to 400 points based on the
demonstration and quality of the following:
(1) The process used for deciding which veterans are referred and
accepted for case management services.
(2) How, when, and by whom the progress of participants who are
receiving case management services toward meeting their individual
goals will be monitored, evaluated, and documented. This monitoring
includes, but is not limited to, a description of how home visits would
be provided and the general purpose and frequency anticipated of the
home visits.
(3) How the participant's system of natural supports would be
assessed and developed.
(4) How crisis intervention services will be coordinated, as
needed, to promote the maintenance of permanent housing, access to
medical care, mental health or substance use disorder treatment.
(5) How the applicant will provide education to case management
participants, as needed, in the areas of tenant rights and
responsibilities, rental/lease agreements, landlords rights and
responsibilities, and budgeting.
(6) How case management services will be phased out.
(d) Ability of the applicant to develop and operate a project. VA
will award up to 200 points based on the extent to which the applicant
demonstrates the necessary staff and organizational experience to
develop and operate the proposed project, based on the following:
(1) Staffing plan for the project that reflects the appropriate
professional staff, both administrative and clinical;
(2) Experience of staff, or if staff is not yet hired, position
descriptions and expectations of time to hire;
(3) Applicant's previous experience assessing and providing for the
housing needs of formerly homeless veterans;
(4) Applicant's previous experience in providing case management
services to assist persons in maintaining permanent housing;
(5) Applicant's previous experience in coordinating crisis
intervention services, including medical, mental health, and substance
use disorder services.
(6) Applicant's experience in working with local landlords as part
of providing housing support services.
(7) Historical documentation of past performance both with VA and
non-VA projects, including those from other Federal, state and local
agencies, and audits by private or public entities.
(e) Need. VA will award up to 150 points based on the extent to
which the applicant demonstrates:
(1) Substantial unmet need for formerly homeless veterans who have
exited homeless transitional housing or residential services and are in
need of time limited case management to maintain permanent housing.
Demonstration of need must be based on reliable data from reports or
other data gathering systems that directly support claims made; and
(2) An understanding of the formerly homeless population to be
served and its supportive service needs.
(f) Completion confidence. VA will award up to 50 points based on
the review panel's confidence that the applicant has effectively
demonstrated the case management services project will be completed as
described in the application. VA may use historical program documents
demonstrating the applicant's past performance, including those from
other Federal, state and local agencies, as well as audits by private
or public entities in determining confidence scores.
(g) Coordination with other programs. VA will award up to 200
points based on the extent to which the applicant demonstrates that it
has coordinated with Federal, state, local, private, and other entities
serving homeless persons

[[Page 25920]]

or persons at risk for homelessness in the planning and operation of
the case management services project. Such entities include, but are
not limited to, shelters, transitional housing, Public Housing
Authorities, health care or social service providers, providers funded
through Federal initiatives, local planning coalitions or provider
associations, or other program providers relevant to the needs of
formerly homeless veterans in the local community. Applicants are
required to demonstrate that they have coordinated with the VA medical
facility of jurisdiction or VA regional office of jurisdiction in their
area. VA will award up to 50 points of the 200 points based on the
extent to which commitments to provide supportive services are
documented at the time of application. Up to 150 points of the 200
points will be given to the extent applicants demonstrate that:
(1) They are part of an ongoing community-wide planning process
within the framework described in this section, which is designed to
share information on available resources and reduce duplication among
programs that serve homeless veterans (e.g. Continuum of Care);
(2) They have consulted directly with the closest VA medical
facility and other providers within the framework described in this
section regarding coordination of services for project participants;
and
(3) They have coordinated with the closest VA medical facility
their plan to assure access to health care, case management, and other
care services.

(Approved by the Office of Management and Budget under control
number 2900-XXXX.)

Sec. 61.94 Grant for case management services--selection of grantees.

(a) Award priority. Grants for case management services will be
awarded in order of priority as follows:
(1) VA will give extra priority to grants for case management
services to applications from operational Grant and Per Diem funded
organizations that have given up per diem or special need funding and
converted their transitional housing to permanent housing. In order to
obtain this extra priority, organizations must provide documentation
showing that their permanent housing meets the quality housing
standards established under section 8(o)(8)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).
(2) VA will give priority to applications from organizations that
demonstrate a capability to provide case management services,
particularly organizations that are successfully providing or have
successfully provided transitional housing services using grants
provided by VA under 38 U.S.C. 2012 and 2061.
(3) Applications from other organizations without a Grant and Per
Diem grant that seek to provide time limited case management to
formerly homeless veterans who have exited VA transitional housing or
other VA homeless residential treatment services to permanent housing.
(b) Higher award priority. Within each of the three priorities in
paragraph (a) of this section, an application with more points using
the rating criteria in Sec. 61.92(b) will be given a higher priority
for a grant award.

Sec. 61.96 Grant for case management services--awards.

(a) Funding. Grants for case management services will be offered
from the current Grant and Per Diem Program budget and will be limited
annually by VA's funding availability and commitments to existing
programs.
(b) Use of grant funds for administrative costs. Grant funds may be
used for the following administrative purposes
(1) Case management staff;
(2) Transportation for the case manager;
(3) Cell phones and computers to facilitate home visits and other
case management activities associated with the grant; and
(4) Office furniture for the use of the case management staff.
(c) Awards. VA will execute an agreement and make payments to the
grantee in accordance with the award and funding actions applicable to
the Grant and Per Diem Program as described in Sec. 61.61.

Sec. 61.98 Grant for case management services--requirements and
oversight.

VA will oversee grants for case management services to ensure that
each grantee operates its program in accordance with Sec. Sec. 61.90
through 61.98. VA's oversight responsibilities include reviewing and
responding to requests from grantees for extensions to the otherwise
applicable maximum 6-month time limit. Grantees must also comply with
the requirements of 38 CFR 61.65; 61.67(d) and 61.67(e); and 61.80(c),
(g), (h), (i), (n), (o), (p), and (q). VA may disapprove of case
management services provided by the grantee if VA determines that they
are of unacceptable quality in which case grant funds may not be used
to pay for them.

[FR Doc. 2018-12048 Filed 6-4-18; 8:45 am]
BILLING CODE 8320-01-P

Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Rules and Regulations 25917

this section states that grantees must place to implement this section no later information as requested, VA will
also comply with the requirements of 38 than one year after the date of the immediately remove the provision
CFR 61.65, 61.67(d), 61.67(e), and enactment of the Public Law, which was containing a collection of information or
61.80(c), (g), (h), (i), (n), (o), (p), and (q). December 16, 2017. One of VA’s top take such other action as is directed by
Section 61.80 sets forth requirements for priorities is the elimination of OMB.
supportive housing and service centers homelessness among the veteran Comments on the collection of
for which assistance is provided under population. This rule will, in support of information contained in this interim
part 61. The assistance provided with this goal, provide veterans with case final rule should be submitted to the
case management services grants will management services that will assist Office of Management and Budget,
not be for the construction, acquisition, them in obtaining and maintaining Attention: Desk Officer for the
renovation, or operation of supportive permanent housing. This rule Department of Veterans Affairs, Office
housing or service centers. We will thus incorporates statutory requirements and of Information and Regulatory Affairs,
not require grantees under this program complements the already existing Grant Washington, DC 20503, with copies sent
to comply with those requirements in and Per Diem Program. The additional by mail or hand delivery to the Director,
§ 61.80 pertaining to housing and time associated with a public comment Regulations Management (00REG),
service centers. For example, VA will period would disadvantage and cause Department of Veterans Affairs, 810
not require the housing in which the hardship to veterans who are in Vermont Avenue NW, Room 1068,
veterans who obtain services under this immediate or near-future need of the Washington, DC 20420; fax to (202)
program reside to comply with the Life case management services available 273–9026; or through
Safety code and state and local housing under this program (to avoid lapsing to www.Regulations.gov. Comments
codes, licensing requirements, fire and a state of homelessness) and therefore should indicate that they are submitted
safety requirements, or any other State would be contrary to the public interest. in response to ‘‘RIN 2900–AQ15 Case
of local requirements as would be The Secretary finds that it is Management Services Grant Program.’’
otherwise imposed under § 61.80(a). We impracticable and contrary to the public OMB is required to make a decision
will also not require that supportive interest to delay this rule for the concerning the collections of
housing in which veterans who receive purpose of soliciting advance public information contained in this interim
assistance under this program reside comment or to have a delayed effective final rule between 30 and 60 days after
comply with the structural, space, and date. For the above reason, the Secretary publication of this document in the
operational requirements in § 61.80(b) issues this rule as an interim final rule Federal Register. Therefore, a comment
through (f), (m), and (r). We will not with an immediate effective date. VA to OMB is best assured of having its full
require compliance under this program will consider and address comments effect if the comment is received within
with the requirements for service that are received within 60 days of the 30 days of publication. This does not
centers in § 61.80(k) and (l). Finally, we date this interim final rule is published affect the 60-day deadline for the public
have addressed the requirements in in the Federal Register. to comment on the interim final rule.
§ 61.80(j) by providing that VA may VA considers comments by the public
Effect of Rulemaking
disapprove use of services provided by on proposed collections of information
the grantee if VA determines that such Title 38 of the Code of Federal in—
services are of unacceptable quality in Regulations, as revised by this interim • Evaluating whether the proposed
which case grant funds may not be used final rule, represents VA’s collections of information are necessary
to pay for such services. VA lacks the implementation of its legal authority on for the proper performance of the
authority to manage private or public this subject. Other than future functions of VA, including whether the
entities and can only select grantees and amendments to this regulation or information will have practical utility;
oversee compliance with the terms of governing statutes, no contrary guidance • Evaluating the accuracy of VA’s
grant agreements consistent with or procedures are authorized. All estimate of the burden of the proposed
§§ 61.90 through 61.98. VA similarly existing or subsequent VA guidance collections of information, including the
inspects and provides oversight to other must be read to conform with this rule validity of the methodology and
Grant and Per Diem programs as a if possible or, if not possible, such assumptions used;
means to verify that grant funds and guidance is superseded by this rule. • Enhancing the quality, usefulness,
services are properly delivered by the Paperwork Reduction Act and clarity of the information to be
grantee. As all transitional housing collected; and
grants have some form of case This interim final rule includes a • Minimizing the burden of the
management, we will apply the provision constituting a collection of collections of information on those who
oversight requirements of 38 CFR part information under the Paperwork are to respond, including through the
61, subpart F, (in addition to those Reduction Act of 1995 (44 U.S.C. 3501– use of appropriate automated,
specifically listed above in § 61.80) as 3521) that requires approval by the electronic, mechanical, or other
applicable, to grantees in the case Office of Management and Budget technological collection techniques or
management services program. (OMB). Accordingly, under 44 U.S.C. other forms of information technology,
3507(d), VA has submitted a copy of e.g., permitting electronic submission of
Administrative Procedure Act this rulemaking to OMB for review. responses.
In accordance with U.S.C. 553(b)(B) OMB assigns control numbers to The collections of information
and (d)(3), the Secretary of Veterans collections of information it approves. contained in regulatory section 38 CFR
Affairs has concluded that there is good VA may not conduct or sponsor, and a 61.92 are described immediately
cause to publish this rule without prior person is not required to respond to, a following this paragraph, under their
amozie on DSK3GDR082PROD with RULES

opportunity for public comment and to collection of information unless it respective titles.
publish this rule with an immediate displays a currently valid OMB control Title: Case Management Services
effective date. This final rule number. Section 61.92 contains a Grant Program.
implements the mandates of section 712 collection of information under the Summary of collection of information:
of Public Law 114–315. Section 712 Paperwork Reduction Act of 1995. If Paragraph (a) requires that the applicant
mandates that VA have regulations in OMB does not approve the collection of must meet the application requirements

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Document Created: 2018-11-02 11:45:53
Document Modified: 2018-11-02 11:45:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule.
Dates		This final rule is effective June 5, 2018. Comments must be received on or before August 6, 2018.
Contact		Jeffery Quarles, Director, Grant and Per Diem Program, (10NC1HM), VA National Grant and Per Diem Program Office, 10770 N 46th Street, Suite C-200, Tampa, FL 33617, (877) 332- 0334. (This is a toll-free number.)
FR Citation		83 FR 25915
RIN Number		2900-AQ15