38 C.F.R. § 61.61 Agreement and funding actions.
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) When an applicant for a capital grant, per diem, a special needs grant, or a technical assistance grant meets all of the requirements under this part for the type of assistance requested and VA has funding for such assistance, VA will incorporate requirements under this part into an agreement to be executed by VA and the applicant. Upon execution of the agreement, grant funds are obligated to cover the amount of the approved assistance subject to the availability of funding. Payments will be for services rendered and are contingent upon submission of documentation in the form of invoices or purchase agreements and contingent on inspections, as VA deems necessary. VA will make payments on its own schedule to reimburse for amounts expended. (b) Except for increases in the rate of per diem, VA will not make revisions to increase the amount obligated for assistance under this part after the initial obligation of funds. (c) VA will enforce the obligations under this part through such action as may be appropriate, including temporarily withholding cash payments pending correction of a deficiency. (d) VA may deobligate all or parts of assistance awarded under this part: (1) If the actual total costs for assistance is less than the total cost stated in the application, or (2) If the recipient fails to comply with the requirements of this part. (e) However, before determining whether to deobligate under paragraph (d)(2) of this section, VA will issue a notice of intent to terminate payments. The recipient will then have 30 days to submit documentation demonstrating why payments should not be terminated. After review of any such documentation, VA will issue a final decision concerning termination of payment. (f) VA may also seek recovery under §61.67 of this part where a capital grant recipient fails to provide supportive services and/or supportive housing for the minimum period of operation under §61.67. (g) Where a recipient has no control over causes for delays in implementing a project, VA may change the due date, as appropriate. (h) Grant recipients that concurrently receive per diem and special needs payments shall not be paid more than 100 percent of the cost of the bed per day, product, operation, personnel, or service provided. (i) No funds provided under this part may be used to replace Federal, State or local funds previously used, or designated for use, to assist homeless veterans. (j) VA may obligate any recovered funds without fiscal year limitation. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 61—VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM
§ 61.61 Agreement and funding actions.
