[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: 38CFR61.61]

[Page 944-945]
 
            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. 61.61  Agreement and funding actions.

    (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.

[[Page 945]]

    (f) VA may also seek recovery under Sec. 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 Sec. 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)