[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR61.1] [Page 930-932] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 61--VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM--Table of Contents Sec. 61.1 Definitions. For purposes of this part: Area or community means a political subdivision or contiguous political subdivisions (such as precinct, ward, borough, city, county, State, Congressional district, etc.) with a separately identifiable population of homeless veterans. Capital grant means a grant for construction, renovation, or acquisition of a facility; or for acquisition of a van. Capital lease means a lease that will be in effect for the full period in which VA may recover all or portions of the capital grant amount under this part. Chronically mentally ill means a condition of schizophrenia or major affective disorder (including bipolar disorder) or post-traumatic stress disorder (PTSD), based on a diagnosis from a licensed mental health professional, with at least one documented hospitalization for this condition sometime in the last 2 years or with documentation of a formal assessment on a standardized scale of any serious symptomology or serious impairment in the areas of work, family relations, thinking, or mood. Fee means a fixed charge for a service offered by a recipient under this part, that is in addition to the services that are outlined in the recipient's application; and are not paid for by VA per diem or provided by VA, (e.g., cable television, recreational outings, professional instruction or counseling). Fixed site means a physical structure that under normal conditions is not capable of readily being moved from one location to another location. Frail elderly means 65 years of age or older with one or more chronic health problems and limitations in performing one or more activities of daily living (such as bathing, toileting, transferring from bed to chair, etc.) Homeless means: (1)(i) Lacking a fixed, regular and adequate nighttime residence; or (ii) Having a primary nighttime residence that is-- (A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); (B) An institution that provides a temporary residence for persons intended to be institutionalized; or (C) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (2) The term homeless does not include imprisonment or other detainment pursuant to Federal or State law. Imprisonment or other detainment does not include probation, parole or electronic custody. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than 100 percent. Nonprofit organization means a private organization, no part of the net earnings of which may inure to the benefit of any member, founder, contributor, or individual. The organization must be recognized as a 501(c)(3) or 501(c)(19) nonprofit organization by the United States Internal Revenue Service, and: (1) Have a voluntary board; (2) Have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles; and (3) Practice nondiscrimination in the provision of supportive housing and supportive services assistance. Operating costs means expenses incurred in operating supportive housing, supportive services or service centers with respect to: [[Page 931]] (1) Administration (including staff salaries; costs associated with accounting for the use of grant funds, preparing reports for submission to VA, obtaining program audits, and securing accreditation; and similar costs related to administering the grant after the award), maintenance, repair and security for the supportive housing; (2) Van costs or building rent (except under capital leases), e.g., fuel, insurance, utilities, furnishings, and equipment; (3) Conducting on-going assessments of supportive services provided for and needed by participants and the availability of such services; (4) Other costs associated with operating the supportive housing. Outpatient health services means outpatient health care, outpatient mental health services, outpatient alcohol and/or substance abuse services, and case management. Participant means a person receiving services based on a grant or per diem provided under this part. Public entity includes: (1) 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, and (2) 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. Rehabilitation means the improvement or repair of an existing structure. Rehabilitation does not include minor or routine repairs. 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. The term does not include any public and Indian housing agency under United States Housing Act of 1937. Supportive housing means housing with supportive services provided for homeless veterans and is: (1) Transitional housing, or (2) A part of, a particularly innovative project for, or alternative method of, meeting the immediate and long-term needs of homeless veterans. Supportive services means services, which may be designed by the recipient or program participants, that provide appropriate services or assist such persons in obtaining appropriate services to address the needs of homeless veterans to be served by the project. Supportive services does not include inpatient acute hospital care, but does include: (1) Outreach activities; (2) Providing food, nutritional advice, counseling, health care, mental health treatment, alcohol and other substance abuse services, case management services; (3) Establishing and operating child care services for dependents of homeless veterans; (4) Providing supervision and security arrangements necessary for the protection of residents of supportive housing and for homeless veterans using supportive housing or services; (5) Providing assistance in obtaining permanent housing; (6) Providing education, employment counseling and assistance, and job training; (7) Providing assistance in obtaining other Federal, State and local assistance available for such residents including mental health benefits, employment counseling and assistance, veterans' benefits, medical assistance, and income support assistance; and (8) Providing housing assistance, legal assistance, advocacy, transportation, and other services essential for achieving and maintaining independent living. Terminally ill means a prognosis of 9 months or less to live based on a written medical diagnosis from a physician. [[Page 932]] VA means the Department of Veterans Affairs. Veteran means a person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064, 7721 note)