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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations Description of the need for information and proposed use of information: This information is needed to determine eligibility for capital grants, per diem grants, special need grants and case management grants.
Description of likely respondents:
Non-Profit Agencies and State and Local Governments.
Estimated number of respondents per year:
Capital grants and per diem: 100 per year.
Per diem for non-capital grant recipients: 500 per year.
Special need grants: 50 per year.
Case management grants: 300 per year.

to small entities meeting specific criteria for supportive or transitional housing for homeless veterans until the veteran can transition into permanent housing.
Specifically, VA awards capital grants, special need grants, technical assistance grants, and case management services grants, and per diem only grants to offset operating costs for a program of supportive housing or services. Small entities will choose whether to apply for federal awards, and there are no out-ofpocket expenses e.g., no filing fees to apply for funding. Therefore, under 5
U.S.C. 605b, this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

Estimated frequency of responses per year:
Capital grants and per diem: 1 time per year.
Per diem for non-capital grant recipients: 1 time per year.
Special need grants: 1 time per year.
Case management grants: 1 time per year.
Estimated average burden per response:
Capital grants and per diem: 35
hours.
Per diem for non-capital grant recipients: 20 hours.
Special need grants: 20 hours.
Case management grants: 20 hours.
Estimated total annual reporting and recordkeeping burden: 20,500 hours.
Capital grants and per diem: 3,500
hours.
Per diem for non-capital grant recipients: 10,000 hours.
Special need grants: 1,000 hours.
Case management grants: 6,000
hours.
Estimated cost to respondents per year: We estimate the annual cost to respondents will be $305,655, based on a rate of $14.91 per hour. Out of that annual cost, it is estimated that one fourth of the grant proposals will be written on a pro bono basis and the remaining three fourths of the grant proposals will be written by professional grant writers.

Executive Orders 12866 and 13563

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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. 601612. The provisions associated with this rulemaking do not involve costs to small entities because the VA Homeless Providers Grant and Per Diem GPD Program provides federal awards e.g., grants to small entities. VA awards five types of grants
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designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.024, VA Homeless Providers Grant and Per Diem Program.
List of Subjects in 38 CFR Part 61
Administrative practice and procedure, Alcohol abuse, Alcoholism, Day care, Dental health, Drug abuse, Government contracts, Grant programshealth, Grant programs veterans, Health care, Health facilities, Health professions, Health records, Homeless, Mental health programs, Reporting and recordkeeping requirements, Travel and transportation expenses, Veterans.

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 a significant regulatory action under Executive Order 12866. VAs 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 VAs website at http www.va.gov/orpm by following the link for VA Regulations Published from FY 2004 through FYTD.

Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

Unfunded Mandates
61.1

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation in any one year. This final rule will have no such effect on state, local, and tribal governments, or on the private sector.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs
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Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on April 9, 2021, 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.

For the reasons set forth in the preamble, the Department of Veterans Affairs amends 38 CFR part 61 as follows:
PART 61VA HOMELESS PROVIDERS
GRANT AND PER DIEM PROGRAM
1. The authority citation for part 61
continues to read as follows:

Authority: 38 U.S.C. 501, 2001, 2002, 2011, 2012, 2061, and 2064.
Amended
2. In 61.1 amend paragraph 2i of the definition of Supportive housing by removing the phrase within a period that is not less than 90 days and does not exceed and adding in its place as soon as possible but no later than.
3. Add 61.5 to subpart A to read as follows:

61.5 Implementation of VA Limits on Payments due to Funding Restrictions.

a Continuing payments. Once a grant agreement is awarded by VA, payments will continue for the time frame specified in the federal award, subject to the availability of funds, as long as the recipient continues to provide the supportive services and housing
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