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38 CFR Part 80 — Veteran and Spouse Transitional Assistance Grant Program

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PART 80—VETERAN AND SPOUSE TRANSITIONAL ASSISTANCE GRANT PROGRAM Authority: 38 U.S.C. 501, 512; Pub. L. 116-315, sec. 4304. Source: 89 FR 41316, May 13, 2024, unless otherwise noted. § 80.1 Purpose and use of grant funds. Sections 80.1 through 80.17 establish the Veteran and Spouse Transitional Assistance Grant Program (VSTAGP). Under this program, VA may provide grants to eligible organizations defined in § 80.2 to provide transition services and intensive client centered case management services tailored to the unique employment needs of program participants to include, but not limited to such services, such as resume assistance, interview training, job recruitment training and related services, that will help in a successful transition from military to civilian life. (Authority: Pub. L. 116-315, sec. 4304) § 80.2 Definitions. For purposes of this part and any Notice of Funding Opportunity (NOFO) issued pursuant to this part: (a) Applicant (b) Eligible recipient (organization) (1) State government; (2) County government; (3) Local government; (4) Institution of Higher Education; (5) Indian/Native American Tribal government (federally recognized); (6) Nonprofit organization; or (7) Faith-based organization; (c) State government (d) County government (e) Local government (f) Institution of Higher Education (IHE) (1) An educational institution in any State that— (i) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of 20 U.S.C. 1091(d); (ii) Is legally authorized within such State to provide a program of education beyond secondary education; (iii) Provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary of Education; (iv) Is a public or other nonprofit institution; and (v) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted pre-accreditation status by such an agency or association that has been recognized by the Secretary of Education for the granting of pre-accreditation status, and such Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; (2) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (f)(1)(i), (ii), (iv) and (v) of this section; and (3) A public or nonprofit private educational institution in any State that, in lieu of the requirement in paragraph (f)(1)(i) of this section, admits as regular students individuals— (i) Who are beyond the age of compulsory school attendance in the State in which the institution is located; or (ii) Who will be dually or concurrently enrolled in the institution and a secondary school. (g) Indian/Native American Tribal government (federally recognized) (h) Nonprofit organization (1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (2) Is not organized primarily for profit; and (3) Uses net proceeds to maintain, improve, or expand the operations of the organization. In accordance with section 18 of the Lobbying Disclosure Act of 1995 (Pub. L. 104-65) (codified at 2 U.S.C. 1611), non-profit entities incorporated under section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are not eligible to receive Federal funds or grants. (Note: After receiving a grant, such organization must not engage in any activities, including awareness-raising or advocacy activities, that include fundraising for, or lobbying of, U.S. Federal, State, or local governments (see 2 CFR 200.450 for more information).) (i) Faith-based organization (j) Grantee (k) In-demand industry sector or occupation (1) An industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or (2) An occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate. (l) Notice of Funding Opportunity Grants.gov https://www.grants.gov (m) Grant agreement (n) Participant (o) Spouse (p) Covered public health emergency (Authority: Pub. L. 116-315, sec. 4304) § 80.3 Grants—general. (a) Grants. (b) Maximum amounts. (c) Number of grants awarded. (d) Grant award limitation. (e) Period of performance. (f) Amount of grant. (g) No participant charges. (Authority: Pub. L. 116-315, sec. 4304) § 80.4 Notice of Funding Opportunity (NOFO). When funds are available for VSTAGP grants, VA will publish a NOFO at Grants.gov https://www.grants.gov (a) The location for obtaining VSTAGP grant applications, including the specific forms that will be required; (b) The date, time, and place for submitting completed VSTAGP grant applications; (c) Priority population categories; (d) The estimated total amount of funds available and the maximum funds available to a single grantee; (e) Matching funds requirements; (f) The minimum number of total points and points per category that an applicant must receive to be considered for a grant and information regarding the scoring process; (g) Any timeframes and manner for payments under the VSTAGP grant; (h) A description of eligible entities or other eligibility requirements necessary to receive the grant; and (i) Other information necessary for the VSTAGP grant application process, as determined by VA, including contact information for the office that will oversee the VSTAGP within VA. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.5 Applications. To apply for a grant, an eligible entity must submit a complete application package to VA, as described in the NOFO. There will be a limit of one application per submitting organization serving the same participant population and in the same geographic service area. Applications will be accepted only through www.grants.gov (Approved by the Office of Management and Budget under control numbers 2900-8080, 4040-0006, 4040-0010, and 4040-0013) (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.6 Additional factors for selecting applications. (a) Applicant's performance on prior award. (b) Applicant's fiscal integrity. (c) Priority preference. (1) A high rate of unemployment among Veterans; (2) A high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or (3) A labor force or economy that has been significantly impacted by a covered public health emergency. (d) Risk assessment evaluation. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.7 Scoring and selection. (a) Scoring. (b) Selection of recipients. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.8 Disposition of applications. (a) Disposition of applications. (1) Approve the application for funding, in whole or in part, for such amount of funds, and subject to such conditions that VA deems necessary or desirable; (2) Determine that the application is of acceptable quality for funding, in that it meets minimum criteria, but disapprove the application for funding because it does not rank sufficiently high in relation to other applications to qualify for an award based on the level of funding available, or for another reason as provided in the decision document; or (3) Defer action on the application for such reasons as lack of funds or a need for further review. (b) Notification of disposition. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.9 Withdrawal of grant application. Applicants may withdraw a VSTAGP application submitted through Grants.gov (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.10 Grant agreement. (a) VA will draft a VSTAGP grant agreement to be executed by VA and the grantee. (b) The VSTAGP grant agreement will provide that the grantee agrees to, and will ensure that each subgrantee (if applicable) agrees to: (1) Operate the project in accordance with this part and the terms of the agreement. (2) Abide by the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR parts 25, 170, and 200 if applicable. (3) Comply with such other terms and conditions, including recordkeeping and reports for project monitoring and evaluation purposes, as VA may establish for purposes of carrying out the VSTAGP effectively and efficiently and as described in the NOFO; and (4) Provide any necessary additional information requested by VA in the manner and timeframe specified by VA. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.11 Payments under the grant. (a) Payments. (b) Availability of grant funds. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.12 Grantee reporting requirements. (a) Quarterly reports. (1) Record of time and resources expended in outreach activities and the methods used; (2) The number of participants served, including demographics of this population; (3) Types of assistance provided; (4) A full accounting of VSTAGP grant funds received from VA and used or unused funds during the quarter; and (5) Results of routine monitoring and any project variations. (b) Final report. (c) Additional reports. (Approved by the Office of Management and Budget under control number 2900-0928 (Quarterly Performance Reports), 4040-0014, and 2900-0929 (Additional Reports)) (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.13 Termination of grant; recovery of funds. (a) Termination of grant. (b) Recovery of funds. (c) Prohibition of further payment of grant funds. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.14 Compliance review requirements. (a) Site visits. (b) Inspections. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.203) § 80.15 Financial management. (a) Compliance. (b) Financial Management. (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.400 through 200.475) § 80.16 Recordkeeping. Grantees must ensure that records are maintained in accordance with 2 CFR 200.337. Grantees must produce such records at VA's request. (Approved by the Office of Management and Budget under control number 2900-0930 (Recordkeeping)) (Authority: Pub. L. 116-315, sec. 4304; 2 CFR 200.337) § 80.17 Non-appealability of grant award decisions. Grant award decisions are discretionary and are not subject to appeal to any VA official or board.

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