Notice of Submission of Proposed Information Collection to OMB

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

[Docket No. N-95-1409; FR-2383-N-06]

Notice of Submission of Proposed Information Collection to OMB

AGENCY: Office of the Secretary.

ACTION: Notice.

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SUMMARY: The information collection requirement described below has

been submitted to the Office of Management and Budget (OMB) for

expedited review, as required by the Paperwork Reduction Act. The

Department is soliciting public comments on the subject requirements.

ADDRESSES: Interested persons are invited to submit comments regarding

[[Page 27535]] this proposal. Comments must be received within ten (10)

working days from the date of this Notice. Comments should refer to the

proposal by name and should be sent to: Joseph F. Lackey, Jr., OMB Desk

Officer, Office of Management and Budget, New Executive Office

Building, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Kay F. Weaver, Reports Management Officer, Department of Housing and

Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone

No. (202) 708-0050. This is not a toll-free number. Copies of the

proposed forms and other available documents submitted to OMB may be

obtained from Ms. Weaver.

SUPPLEMENTARY INFORMATION: This Notice informs the public that the

Department of Housing and Urban Development has submitted to OMB, for

expedited processing, an information collection package with respect to

Restrictions on Assistance to Noncitizens final rule, published on

March 20, 1995.

The March 20, 1995 final rule implements Section 214 of the Housing

and Community Development Act of 1980. This statute prohibits the

Department from making financial assistance available to persons other

than United States citizens, nationals, or certain categories of

eligible noncitizens in certain HUD programs.

The Department has submitted the information collection package, as

described below, to OMB for review, as required by the Paperwork

Reduction Act (44 U.S.C. Chapter 35):

(1) The title of the information collection proposal;

(2) the office of the agency to collect the information;

(3) the description of the need for the information and its use;

(4) the agency form number, if applicable;

(5) what members of the public will be affected by the information

collection requirements;

(6) how frequently information submission will be required;

(7) an estimate of the total number of hours needed to prepare the

information submission including numbers of respondents, frequency of

response, and hours of response;

(8) whether the requirements reflect a new or an extension,

reinstatement, or revision of an information collection requirement;

and

(9) the names and telephone numbers of an agency official familiar

with the proposal and of the OMB Desk Officer for the Department.

Authority: Section 3507 of the Paperwork Reduction Act, 44

U.S.C. 3507; Section 7(d) of the Department of Housing and Urban

Development Act, 42 U.S.C. 3535(d).

Dated: May 8, 1995.

Nelson A. Diaz,

General Counsel.

Notice of Submission of Proposed Information Collection to OMB

Proposal: Restrictions on Assistance to Noncitizens (FR-2383).

Office: Secretary.

Discription of the Need For The Information and Its Proposed Use:

This rule implements Section 214 of the Housing and Community

Development Act of 1980, as amended. Section 214 prohibits HUD from

making housing assistance under certain covered programs available to

persons who are not U.S. citizens, nationals, or eligible noncitizens

under the categories specified in the statute.

Form Number: None.

Respondents: Individuals or Households, Business or Other For-

Profit, and State, Local, or Tribal Government.

Reporting Burden:

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No. of Frequency of hours per Burden

respondents x response x response = hours

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Information collection................ 3,030,547 varies varies 405,458

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Total Estimated Burden Hours: 405,458.

Status: New.

Contract: Bruce Vincent (PIH), HUD, (202) 708-0744; Linda Flister

(Housing), HUD, (202) 708-2300; Joseph F. Lackey, Jr., OMB, (202) 395-

7316.

Dated: May 8, 1995.

Supporting Statement for FR-2383--Restrictions and Assistance to

Noncitizens

A. Justification

1. This request for OMB approval seeks clearance for information

collections related to the implementation of Section 214 of the

Housing and Community Development Act of 1980, as amended (42 U.S.C.

1436a), that prohibits the Secretary of HUD from making financial

assistance available for the benefit of any person, who is not a

U.S. citizen, national, or who is not a noncitizen of legal

immigration status under one of the six categories of legal

immigrant status specified in the statute. (Attachment #1 is a copy

of Section 214.)

Implementation of Section 214 through Issuance of Regulations.

The March 20, 1995, final rule implements Section 214 by adding

certain regulatory provisions to the HUD existing regulations,

listed below. (Attachment #2 is a copy of the March 20, 1995 final

rule.)

24 CFR part 200, 215 (the Rent Supplement Program);

24 CFR part 200, 235 (Section 235 Program--Sec. 235 of

the National Housing Act);

24 CFR part 200, 236 (Section 236 Program--Sec. 236 of

the National Housing Act);

24 CFR part 812 (Section 8 Housing Assistance Payments

Program);

24 CFR part 950 (Indian Housing Program) [Note: HUD's

Indian Housing program was moved from part 905 to 950];

24 CFR part 912 (Public Housing Program);

Applicable conforming amendments (for purposes of

cross-referencing the Section 214 requirements contained in the

above listed parts) were made to several other parts: 247, 850, 880,

881, 882, 883, 883, 886, 887, 900, 904 and 960.

The Information Collection Requirements in the March 20, 1995

final rule. The majority of the information collection requirements

contained in the March 20, 1995 final rule flow directly from the

statute. The statute specifies a declaration shall be submitted by

each individual family member, and that alien registration

documentation must be submitted for those individuals that indicate

legal immigration status. Additionally, the statute provides for

certain procedures such as an INS appeal process, a hearing process

provided by the owner or housing authority that necessitate

appropriate notices to the individual advising of the availability

of processes. The statute also provides for certain actions to occur

if immigration status is not confirmed (i.e., denial or termination

of assistance) which also, for due process considerations,

necessitate certain notices to provide fair notice of the

possibility of these occurrences.

2. The following provides information on the frequency of the

submission of information collection requirements.

Notice to applicants and tenants of requirements of

Section 214. The rule provides that notification of the requirements

of Section 214 must be given to each applicant at the time of

application for assistance, and to each tenant at the time of, and

together with, any notice of regular reexamination of tenant income,

but not later than one year following the effective date of the

final rule.

The notice is intended to facilitate the implementation

of Section 214 and to ensure that applicants are not passed over for

admission because they did not have sufficient knowledge of this new

admission procedure and sufficient time to obtain

[[Page 27536]] evidence of their eligible immigration status, when

applicable.

For applicants whose applications are pending, the

final rule provides that notification must be given as soon as

possible, but leaves precise timing to the discretion of the housing

authority or project owner.

Again, for existing tenants, the rule provides that

notice be given when the housing authority or project owner gives

notice of its up-coming reexamination of income. Generally, housing

authorities and project owners provide notice to tenants that a

reexamination is about to occur.

Accordingly, no new times are established for

notification of the requirements of Section 214 that are different

from those periods when the housing authority or project owner would

otherwise provide notice to the applicant or tenant or certain

important information. (See Secs. 200.183(f)(1), 812.6(f)(1),

912.6(f)(1) and 950.310(g)(1).)

The information that needs to be included in the notice

is described in the regulation. (See Secs. 200.183(f)(2),

812.6(f)(2), 912.6(f)(2), and 950.310(g)(2).) However, no specific

form is required, but model notices will be provided.

Declaration of citizenship or eligible immigration

status. Section 214(d)(1)(A) requires that applicants and tenants

for HUD housing assistance programs covered by Section 214 must

submit a declaration signed under penalty of perjury, in which

individual indicates that he or she is a citizen or noncitizen with

eligible immigration status. (See Secs. 200.183(c), 812.6(c),

912.6(c), and 950.310(e)(3).)

Every member of an applicant or tenant family must

submit this document. An adult member of the family must execute

this form on behalf of any children.

The declaration need only be executed and submitted one

time.

No specific form of declaration is prescribed, but

model language will be made available. The declaration may be

incorporated as part of the application for housing assistance. (See

Secs. 200.183(c)(2), 812.6(c)(2), 912.6(c)(2), and 950.310(e)(3).)

No declaration necessary if individual is not a citizen

or does not of eligible immigration status. The March 20, 1995 final

rule provides if one or more members of a family elect not to

contend that they have eligible immigration status if other members

of the family establish their citizenship or eligible immigration

status. (see Secs. 200.183(e), 812.6(e), 912.6(e), and 950.310(f).

Section 214(c)(1)(A) provides that for existing tenants

``continued assistance'' is available if the head of the household

or spouse is a U.S. citizen, national, or has eligible immigration

status (as specified in Section 214). The regulatory provision

permitting individuals to elect not to declare in certain situations

should reduce the information collection requirements and processing

requirements.

Verification consent form. Section 214(d)(3) requires

that those individuals who declare eligible immigration status, must

have their status verified with the INS. Accordingly, so that these

individuals will know that verification will be undertaken, the rule

provides for a verification consent form to be signed by each

noncitizen who declares eligible immigration status. (See

Secs. 200.183(d), 812.6(d), 912.6(d), 950.310(e)(4).) The consent

form puts the family member on notice that his immigration status

will be confirmed with INS.

Only members of a family who declares eligible immigration

status must execute the verification consent form.

No specific form is prescribed, but model language will be made

available.

Proof of age. Section 214(d)(2)(A) provides that for

noncitizens who are 62 years of age or older and receiving

assistance under a Section 214 covered program on June 19, 1995 [the

effective date of the final rule], in addition to a declaration the

62-year or older noncitizen may submit proof of age in lieu of

submission of documents that evidence immigration status. (See

Secs. 200.813(b)(92)(ii), 812.6(b)(2)(ii), 912.6(b)(2)(ii), and

950.310(e)(2)(ii)(B).)

Only members of families who are existing tenants and who

declare eligible immigration status and are 62 years of age or older

must submit proof of age.

Types of documents that constitute proof of age are not

prescribed in the rule. Since there is no prescribed list of

acceptable documentation, it is anticipated that this burden should

be minimal, and less burdensome for elderly persons than submission

of immigration documents.

Evidence of immigration status. Section 214 (d)(2)(A)

requires that persons who declare that they are noncitizens with

eligible immigration status must submit acceptable evidence of

eligible immigration status. In accordance with INS requirements,

the rule specifies which documents constitute acceptable evidence of

immigration status. (See Secs. 200.184, 812.7, 912.7, 950.310

(k)(2).

Only individuals who declare eligible immigration status (and

are not existing tenants who are 62 years of age or older) must

submit evidence of immigration status.

Evidence of immigration status need only be submitted one time,

unless the individual's status changes, and the individual wants the

housing authority's or project owner's record to reflect the changed

immigration status.

The applicant or tenant noncitizen must submit the original

documents, but they will be photocopied and returned by the project

owner or housing authority. Note these are documents that already

should be in the possession of the individual, and therefore there

should be minimal burden associated with this requirement.

One-time submission of immigration documents. For each family

member, evidence of immigration status is required to be submitted

only one time during continuously assisted occupancy under any

covered program.

Notice extending time to submit documentation, or

denying extended time to submit documentation. Section 214(d)(4)(A)

requires that individuals must be given a reasonable opportunity to

submit documentation if they submit the declaration required by

Section 214. The rule provides consistent with Section 214 that

project owners and housing authorities grant a reasonable extension.

The period is to be determined by the project owner or housing

authority, and must be definite in time (i.e., cannot be for an

indefinite period). To avoid any difference of opinion concerning if

in fact an extension was granted, the extension must be in writing.

(See Secs. 200.183(h), 812.6(h), 912.6(h) and 950.310(i).)

No specific form of notice is prescribed.

Primary verification through SAVE system. The housing

authority and project owner must verify with INS the immigration

status of the applicant or tenant who declares eligible immigration

status. This is done through means of an automated system that

provides access to alien names, file an admission numbers (generally

through a computer or touch tone telephone). Immigration status will

be verified at the time of application for applicants, and at the

time of the first annual reexamination for existing tenants. The

time involved in making the primary verification is anticipated to

be minimal.

Secondary verification through manual search. If the

primary verification fails to confirm eligible immigration status,

then the housing authority or project owner requests the INS to

conduct a manual search.

Notice when secondary verification fails to confirm

immigration status. If secondary verification (the manual search

that follows the automated primary verification which fails to

confirm immigration status) fails to confirm immigration status, the

housing authority or project owner must issue a notice to the family

advising that immigration status was not confirmed by INS records.

(See Secs. 200.185(c)(3), 812.8(c)(3), 912.8(c)(3), and

950.310(1)(3)(iii).)

No specific form or notice is prescribed.

Note that the notice required under these regulatory sections is

the same as that required under the provisions described in the

following paragraph 8 in the supporting statement.

Notice of denial or termination of assistance. If the

family fails to produce the immigration documents within a

reasonable period, including any extension thereof, or if the

immigration status is not concerned, the housing authority and

project owner must issue a notice to the family that puts them on

notice of the possibility of denial or termination of assistance,

and advises them of their rights and responsibilities. (See

Secs. 200.186(d), 812.9(d), 912.9(d) and 950.310(m)(4).)

The information to be included in the notice is set forth in the

rule, but no specific form of notice is prescribed.

Temporary deferral of termination of assistance--

notification requirements connected with deferral of termination of

assistance. Section 214(c)(1)(B) provides that a housing authority

or project owner may defer termination of financial assistance if

necessary to permit the orderly transition of the family (that is

determined ineligible under Section 214 for HUD financial

assistance) to other affordable housing. The deferral may be up to a

period for three years, and is available in increments of six month

[[Page 27537]] periods. Section 214(c)(1)(B) requires that ``at the

beginning of each deferral period,'' the housing authority or

project owner shall inform the family of their ineligibility for

financial assistance and offer assistance in finding other

affordable housing.

The notification required by Section 214(c)(1)(B) and the ways

in which assistance may be offered (also required by Section

214(c)(1)(B) reflected in the rule (see Secs. 200.187(c), 812.10(d),

912.10(d), and 950.310(r)(3).)

Proration of assistance. For mixed families, the final

rule provides for housing authorities and project owners to prorate

assistance, that is determine rental subsidy on the basis of the

number of family members that are eligible for assistance. The

formula for determining proration is set forth in the statute. (See

Secs. 200.188, 812.11, 912.11 and 950.310(s).)

Paperwork Matrix contained in August 25, 1994 Proposed Rule

The following duplicates the paperwork matrix that was contained

in the published August 25,1994 proposed rule.

Tabulation of Annual Reporting Burden Noncitizens Rule--Restriction on Assistance to Noncitizens

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No. of

Description of information No. of responses Total

collection Section of 24 CFR affected respondents per annual Hours per responses Total hours

respondent responses

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Notification to tenants and 905.310(g) 912.6.......... 3,300 700 2,310,000 .01..................... 23,100

applicants in Public & Indian

Housing.

Denials, terminations, 905.310(m)(4), (r) 912.9, 3,300 19 62,700 .10 (6 minutes)......... 6,270

extensions, deferrals. 912.10.

Notification and verification, 812.6, 812.9, 912.10...... 2,470,777 1 2,470,777 .05 (3 minutes)......... 123,539

denial, termination in section 8.

Notification and verification, 200.183, 200.186 200.187, 412,315 1 412,315 .05..................... 20,616

denial, termination in FHA 235.13.

subsidized.

Extensions....................... 812.6(h), 200.183(h)...... 144,155 1 144,155 .16..................... 23,065 (10 min.)

Recordkeeping--Public and Indian 905.310(q), 912.9(h)...... 3,300 761 2,511,300 .01..................... 25,113

Housing.

Recordkeeping in section 8....... 812.9(h).................. 2,470,777 1 2,470,777 .05..................... 125,539

Recordkeeping in FHA subsidized.. 200.186(h) 235.13......... 412,315 1 412,315 .05..................... 20,616

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Total Annual Burden.......... .......................... ........... ........... ........... ........................ 405,458

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3. Information Technology. INS's Systematic Alien Verification

Entitlement (SAVE) is an automatic system that should reduce the

verification burden on responsible entities. This system can be

operated by a touch-tone telephone or computer. This technology

allows the housing authority or project owner to confirm the

immigration status of an individual without the necessity for

substantial paperwork.

4. Minimizing Duplication. While HUD has attempted to reduce the

frequency of verifying immigration status (see the response to #2

above) by requiring only a one-time verification and by providing

that verification of immigration status should occur when all other

verifications occur, unfortunately, no other documents or system

currently exist that will verify immigration status other than as

set forth in the rule. This is the first time that housing

authorities and project owners are being asked to verify immigration

status.

5. No Significant Impact on a Substantial Number of Small

Entities. As stated in both HUD's proposed rule (59 FR 43916) and

final rule (60 FR 14823), HUD maintains that there is no significant

impact on a substantial number of small entities.

6. Consequences if Information Collection is Not Conducted. If

the information is collected as required by the rule, the

consequence will be that persons who are not here legally in the

United States or who do not meet one of the six immigration

categories specified in the status will receive scarce housing

resources.

7. Special Circumstances that Require Collection to be Made

Inconsistent with 5 CFR 1320.6. None.

8. Consultation with Persons Outside the Agency. No formal

consultation was undertaken. INS provided HUD with copies of its

SAVE manual that HUD followed in describing the SAVE verification

systems in the rule. Through its proposed rule, HUD received

comments from housing authorities and project owners on data

collection, frequency of collection, etc. These comments were taken

into consideration in the development of the final rule.

9. Assurance of Confidentiality. INS's SAVE system carries its

own protective measures. HUD's rule provides that individuals asked

to submit evidence of immigration status shall be advised that this

evidence will only be released to INS for purposes of establishing

eligibility for financial assistance and not for any other purpose.

(See Secs. 200.183(d)(3), 812.6(d)(3), 912.6(d)(3),

950.310(e)(3)(iii).).

10. Questions of a Sensitive Nature. The only information

required of a sensitive nature is citizenship/immigration status.

This information is required by statute. No other sensitive

information is sought under this rule.

11. Estimates of Annualized Costs to the Federal Government. The

statute provides that HUD is to pay each public housing agency or

other entity an amount equal to 100 percent of the costs incurred in

implementing and operating an immigration verification system. At

this point in time, before implementation, it is difficult to

estimate the cost. Because HUD believes that the percentage of

illegal aliens who have access to HUD housing assistance is minimal,

and because of the technology involved (technology which can be

operated through use of a touch tone telephone), the cost is not

anticipated to be substantial. Any cost to respondent (housing

authority or project manager) is assumed to be covered within the

basic application, verification and reexamination processes of each

of the programs covered by this rule.

12. Provide Estimates of Burden Hours. Please see matrix that is

provided in the response to number 2.

13. Amendments to Existing Collections. Not applicable.

14. Publication of Results. Not applicable.

Summary. HUD believes that the administrative burden imposed by

implementation of Section 214 will not be substantial. Although

tracking of citizenship and noncitizenship status has not been

undertaken to date, HUD believes that the number of noncitizens with

ineligible immigration status residing in HUD public housing or

assisted housing is low. HUD bases this belief on the fact that

waiting for HUD housing assistance can take several years, the

paperwork, to the completed to obtain HUD housing assistance is not

insignificant, and citizenship and noncitizenship verification is

already undertaken with other forms of Federal benefits (e.g., food

stamps, Aid to families forms of Federal benefits (e.g., food

stamps, Aid to Families with Dependent children), and frequently

families for HUD housing assistance also will be recipients of other

forms of benefits. [[Page 27538]]

HUD believes that the burden on housing authorities and project

owners will not be onerous for the reason set forth above, and also

because documentation of citizenship or noncitizenship status is

similar to and can be undertaken at the same time as determination

of income eligibility. Additionally the house authority and project

owner is not required to assist the family in obtaining evidence or

to determine the validity of the evidence submitted.

For family members, the burden should be minimal because for

citizens only a declaration is required. For noncitizens with

eligible immigration status, such noncitizens should have with them

their evidence of eligible immigration status.

[FR Doc. 95-12714 Filed 5-23-95; 8:45 am]

BILLING CODE 4210-32-M