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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
described in its grant application, meets VAs Homeless Providers Grant and Per Diem GPD Program performance goals, and meets the applicable requirements of this part.
b Factors. 1 In cases of limited availability of funding during the time frame specified in the federal award, VA
may terminate the payment of per diem payments to recipients after weighing the following factors:
i Non-duplication of ongoing services and equitable distribution of grant agreements across geographic regions, including rural communities and tribal lands;
ii Receipt by recipient of any capital investment from VA or any other source; and iii Recipients demonstrated compliance with GPD performance goals.
2 Notwithstanding paragraph b1
of this section, when an awarded grant agreement is terminated during the time frame specified in the federal award due to no fault by the recipient, VA shall refrain from applying the recapture provisions of 38 CFR 61.67.
4. Revise 61.33 to read as follows:

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61.33

Payment of per diem.

a General. VA will pay per diem to recipients that provide a bed day of care:
1 For a homeless veteran:
i Who VA referred to the recipient;
or ii For whom VA authorized the provision of supportive housing or supportive service;
2 For providers of both supportive housing and services. When the referral or authorization of the homeless veteran will not result in the project exceeding the total number of bed days of care or total obligated funding as indicated in the grant agreement and funding action document; or 3 For service centers. When the total hours of service or total obligated funding as indicated in the grant agreement and funding action document.
b VA Review. VA may at any time review the provision of supportive housing and services to individual veterans by the provider to ensure the care provided continues to be needed and appropriate.
c Rate of payments for individual veterans. The rate of per diem for each veteran in supportive housing will be the lesser of:
1 The daily cost of care estimated by the per diem recipient minus other sources of payments to the per diem recipient for furnishing services to homeless veterans that the per diem
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recipient certifies to be correct other sources include payments and grants from other departments and agencies of the United States, from departments of local and State governments, from private entities or organizations, and from program participants; or 2 The current VA state home program per diem rate for domiciliary care, as set by the Secretary under 38
U.S.C. 1741a1.
d Rate of payments for service centers. The per diem amount for service centers shall be 18 of the lesser of the amount in paragraph c1 or c2 of this section, per hour, not to exceed eight 8 hours in any day.
e Reimbursements. Per diem may be paid retroactively for services provided not more than three 3 days before VA
approval is given or where, through no fault of the recipient, per diem payments should have been made but were not made.
f Payments for absent veterans. VA
will pay per diem up to a maximum of seventy-two 72 consecutive hours for the scheduled or unscheduled absence of a veteran, or, in the case of an inpatient hospitalization, will pay per diem up to a maximum of seven 7
days.
g Veterans receiving supportive housing and services. For circumstances where a veteran is receiving supportive housing and supportive services from the same per diem recipient, VA will not pay a per diem for the supportive services.
h Reporting other sources of income.
At the time of receipt of a federal award from VA, a per diem recipient must report to VA all other sources of income for the project for which per diem was awarded. The report provides a basis for adjustments to the per diem payment under paragraph c1 of this section.
5. Amend 61.61 by revising paragraph a to read as follows:
61.61

Agreement and funding actions.

a Agreement. When VA selects an applicant for grant or per diem award under this part, VA will incorporate the requirements of this part into an agreement to be executed by VA and the applicant. VA makes the final decision on applicant selection. VA may negotiate with an applicant regarding the details of the agreement and funding, as necessary. VA will enforce the agreement through such action as may be appropriate, including temporarily withholding cash payments pending correction of a deficiency.
Appropriate actions include actions in accordance with the Uniform Administrative Requirements, Cost
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Principles, and Audit Requirements for Federal Awards under 2 CFR part 200.

6. Amend 61.80 by revising paragraph c to read as follows:
61.80 General operation requirements for supportive housing and service centers.

c VA will provide performance goals to recipients in its initial federal award and update annually thereafter:
1 Each recipient must conduct an ongoing assessment of the supportive housing and services needed by their residents and the availability of housing and services to meet this need.
Recipients are expected to make adjustments to meet resident needs.
2 The recipient will provide to the VA GPD Liaison evidence of its ongoing assessment of the plan described in the grant application. The assessment must show how it is using the plan to meet the GPD performance goals.
3 The VA GPD Liaison will provide the GPD performance information to recipients. VA will incorporate this assessment information into the annual inspection report.
i The VA GPD Liaison will review the quarterly assessment with the recipient no later than 30 days after the end of each of the following quarters:
A Quarter 1 OctoberDecember assessment completed not later than January 30;
B Quarter 2 JanuaryMarch assessment completed not later than April 30;
C Quarter 3 AprilJune assessment completed not later than July 30; and, D Quarter 4 JulySeptember assessment completed not later than October 30.
ii A valid assessment must include the following:
A A comparison of actual accomplishments to established GPD
performance goals for the reporting period addressing quantifiable as well as non-quantifiable goals. Examples include, but are not limited to, a description of grant agreement-related activities, such as: Hiring and training personnel, community orientation/
awareness activities, programmatic activities, or job development; and B Identification of administrative and programmatic problems, which may affect performance and proposed solutions.
iii Recipients and VA GPD Liaisons must include a summary of the quarterly assessment in their administrative records. These quarterly assessments will be used to provide a
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