Notice of Funding Availability for the Welfare-to-Work Section 8 Tenant-Based Assistance Program Set-Aside Sites for Fiscal Year 1999

Federal RegisterMar 8, 1999

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SUMMARY: Purpose of Program. To provide Section 8 Welfare-to-Work

rental voucher program funding, as provided by the VA/HUD and

Independent Agencies Appropriations Act, 1999, (99 App. Act), for local

self-sufficiency/welfare-to-work initiatives in San Bernardino County,

California; Cleveland, Ohio; Kansas City, Missouri; Charlotte, North

Carolina; Miami/Dade County, Florida; Prince Georges County, Maryland;

New York City, New York; and Anchorage, Alaska.

Available Funds. At least $4 million to each of the eight sites

identified above.

Eligible Applicants. Housing agencies (HAs) currently administering

Section 8 rental certificate and voucher programs in any of the eight

locations identified above in this NOFA and in the 99 App. Act.

Application Deadline. The application deadline for Section 8

Welfare-to-Work Rental Vouchers under this NOFA is May 7, 1999, at the

time described in section I. of this NOFA, below.

Match. None

SUPPLEMENTARY INFORMATION: If you are interested in applying for

funding under this NOFA, please review carefully the following

information:

I. Application Due Date, Application Kits and Technical Assistance

Application Due Date: May 7, 1999.

Address for Submitting Applications: The application and two copies

must be submitted to your local HUD Field office HUB (Attention: HUB,

Director of Public Housing) or local HUD Field Office Program Center

(Attention: Program Center Coordinator). Throughout this NOFA, the

Field Office HUBs and Program Centers will be referred to as the local

HUD Field offices. Applicants should not submit the original or any

copies of their applications to HUD Headquarters.

(1) Mailed Applications (Other than Overnight or Express Mail

Delivery). Your application will be considered timely filed if

postmarked before midnight, local time, on the application due date and

received by the appropriate local HUD Field Office on or within ten

(10) days of the application due date.

(2) Applications Sent by Overnight/Express Mail Delivery.

Applications sent by overnight delivery or express mail will be

considered timely filed if received by the appropriate local HUD Field

Office before or on the application due date, or upon submission of

documentary evidence that they were placed in transit with the

overnight delivery service by no later than the specified application

due date.

(3) Hand Carried Applications. Applications must be delivered to

the appropriate local HUD Field Office by 6:00 pm local time on the due

date. Hand carried applications will be accepted during normal business

hours before the application due date. On the application due date,

business hours will be extended to 6:00 pm.

For Application Kits, Further Information and Technical Assistance:

When preparing applications under this NOFA, applicants must follow the

instructions for completing and organizing their applications that are

found in the application kit that has been developed for the Section 8

Welfare-to-Work Rental Voucher Program under the NOFA for the national

competition for Section 8 Welfare-to-Work rental vouchers which was

published in the Federal Register on January 28, 1999 (64 FR 4495). For

an application kit and any supplemental information, please call the

Public and Indian Housing Information and Resource Center at 1-800-955-

2232. An application kit will also be available on the Internet through

the HUD web site at http://www.hud.gov. When requesting an application

kit, please refer to the Section 8 Welfare-to-Work Rental Voucher

Program, and provide your name, address (including zip code) and

telephone number (including area code).

For answers to your questions, you may also contact the Public and

Indian Housing Information and Resource Center at 1-800-955-2232, or

contact the Director of Public Housing, the Program Center Coordinator

in your local HUD Office. Hearing-or speech-impaired individuals may

call 1-800-877-8339 (the Federal Information Relay Service TTY). (Other

than the ``800'' number, these numbers are not toll-free.) Information

can also be accessed via the Internet through the HUD web site at

http://www.hud.gov.

The HUD web site will also provide a text link to HUD's Welfare-to-

Work home page, and the Welfare-to-Work related websites of the

Departments of Health and Human Services, Labor, and Transportation, to

assist you in coordinating your proposed program with the efforts

sponsored by these Departments.

Prior to the application deadline, staff at the numbers given above

will be available to provide general guidance, but not guidance in

actually preparing the application.

II. Amount Allocated

Of the $283 million appropriated in Fiscal Year (FY) 1999 to fund

Section 8 Welfare-to-Work Rental Vouchers, at least $4 million each

shall be made available under this NOFA for local self-sufficiency/

welfare-to-work initiatives in San Bernardino County, California;

Cleveland, Ohio; Kansas City, Missouri; Charlotte, North Carolina;

Miami/Dade County, Florida; Prince Georges County, Maryland; New York

City, New York; and Anchorage, Alaska as provided by the VA/HUD and

Independent Agencies Appropriations Act, 1999.

III. Program Description; Eligible Applicants; Eligible Activities

(A) Program Description. The Section 8 Welfare-to-Work Rental

Voucher program provides tenant-based Section 8 rental assistance to

help eligible families make the transition from welfare to work.

Tenant-based Section 8 rental assistance is to be provided in

connection with programs where the HA has demonstrated that tenant-

based rental assistance is critical to the success of eligible families

to obtain or retain employment. No additional funding is provided under

this NOFA for welfare-to-work services for families. Funding is only

for Section 8 Welfare-to-Work rental voucher housing assistance and

regular Section 8 administrative fees for administration of such

housing assistance. If appropriate, HAs may project base a portion of

the funding following the applicable Section 8 Project-Based

Certificate (PBC) program regulations (24 CFR part 983). The Section 8

Welfare-to-Work Rental Voucher program must take into account the

particular circumstances of the local community. The rental assistance

provided to families through the Section 8 Welfare-to-Work Rental

Voucher program must be coordinated with other welfare reform and

welfare-to-work initiatives.

Under this NOFA, at least $4 million will be available to fund

Section 8 Welfare-to-Work Rental Vouchers in each of the eight set-

aside sites identified in section II. of this NOFA, above, and in the

99 App. Act. If more than one eligible HA that administers a tenant-

based Section 8 program at a set-

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aside site applies, the number of rental vouchers each HA receives

under this NOFA will be based on the percentage of the tenant-based

Section 8 program each HA administers in the set-aside location.

If you are an HA at a set-aside site that would receive fewer

rental vouchers under this set-aside competition than would be

available to you under the national competition for the Section 8

Welfare-to-Work rental vouchers and you wish to apply for the maximum

number of vouchers you could receive under the formula for the national

competition, you must also apply under the January 28, 1999 NOFA for

the national competition. The number of rental vouchers that you

receive under this set-aside NOFA plus any vouchers funded through the

national competition for Section 8 Welfare-to-Work rental vouchers may

not exceed the maximum that would be available to you in the national

competition.

An HA seeking welfare-to-work rental vouchers under this NOFA may

use some of its current pool of other Section 8 voucher funding to

augment the welfare-to-work vouchers in order to enlarge the pool of

vouchers available to those families qualifying for its approved

welfare-to-work program.

(B) Eligible Applicants. HAs administering Section 8 rental

certificates or rental vouchers at any of the eight set-aside sites

identified in section II. of this NOFA, above, may apply. Each

applicant HA must develop a program in consultation with the State or

local entity administering the Temporary Assistance to Needy Families

(TANF) program and the entity, if any, administering the Welfare-to-

Work formula and/or competitive grants allocated by the United States

Department of Labor.

(C) Eligible Activities. You may only use funds available under

this NOFA to administer a Section 8 Welfare-to Work rental voucher

program in a set-aside site identified in section II of this NOFA,

above. In the Section 8 Welfare-to-Work Rental Voucher Program, you

will perform all normal rental voucher program activities, but you may

only provide rental assistance to families that meet all normal Section

8 program requirements and also meet the specific requirements of the

Welfare-to-Work Rental Voucher Program and of this NOFA. The specific

requirements of the Section 8 Welfare-to-Work program are stated in

section IV.(A) of this NOFA, below.

IV. Program Requirements

(A) Eligibility of Families. (1) Section 8 Welfare-to-Work Rental

Voucher eligible families. The term ``Section 8 Welfare-to-Work rental

voucher program eligible family'' means a family that, in addition to

meeting the eligibility requirements of the normal tenant-based Section

8 assistance program, also meets the following additional requirements:

(a) When initially selected for welfare-to-work rental voucher

assistance, families must be eligible to receive, be currently

receiving, or shall have received> within the preceding two years,

assistance or services funded under the TANF program;

(b) Tenant-based housing assistance must be determined to be

critical to the family's ability to successfully obtain or retain

employment; and

(c) The family shall not already be receiving tenant-based

assistance under Section 8 of the United States Housing Act of 1937

(1937 Act--42 U.S.C. 1473f).

(2) To be eligible for selection for the Section 8 Welfare-to-Work

Rental Voucher Program, families must be on the waiting list used by

the HA for its tenant-based Section 8 program.

(B) HA Responsibilities. If your application is funded: (1) You

must modify your selection system to require the selection of Section 8

Welfare-to-Work Rental Voucher program eligible families for the

program;

(2) Families on your Section 8 waiting list must be selected in

accordance with the established selection policies in your HA's

administrative plan;

(3) If you have a closed Section 8 waiting list and do not have a

sufficient number of welfare-to-work eligible families on your waiting

list, you must reopen the waiting list to accept an application from

any Section 8 Welfare-to-Work eligible applicant family that is not

currently on your waiting list for your tenant-based Section 8 program;

(4) You must administer the rental assistance in accordance with

applicable voucher program regulations and requirements and your

Section 8 administrative plan;

(5) During the term of this welfare-to-work funding, if Section 8

rental assistance for a family under this program is terminated,

available welfare-to-work rental assistance must be provided to another

Section 8 Welfare-to-Work eligible family selected from your tenant-

based Section 8 program waiting list. The term of welfare-to-work

funding is the term of the welfare-to-work ACC funding increment.

(6) Welfare-to-Work Evaluation Participation. HUD is seeking 5 to 9

HAs to participate, on a voluntary basis, in the evaluation that HUD

intends to conduct on the Section 8 Welfare-to-Work Rental Voucher

Program. HAs who volunteer to participate as a special evaluation site

for purposes of this evaluation, if they are selected for an award

under this NOFA, will be compensated for any additional administrative

burden from the $2.83 million evaluation provided in the 99 App. Act.

In order to participate as a special evaluation site, you and your

partners must:

(a) Be awarded at least 450 units under this NOFA.

(b) Fully cooperate with random assignment of your welfare-to-work

applicants to treatment and control groups. You will be required to

follow an established protocol for determining that some eligible

families receive and some eligible families do not receive welfare-to-

work vouchers on a random basis.

(c) Assist in data collection and retrieval for the evaluation

through administration of special forms and extraction of data from

management systems.

(d) Submit a budget with reasonable and necessary costs once HUD

specifies the required activities for the evaluation.

(C) TANF and Welfare-to-Work Support. Your application must include

certifications from the State or local entity administering assistance

under the TANF program and from the entity, if any, administering the

Welfare-to-Work formula and/or competitive grants allocated by the

United States Department of Labor that these entities support your

proposed Section 8 Welfare-to-Work program and will cooperate with you,

as the administrator of the housing assistance, to assure that the

rental assistance is coordinated with other welfare reform and welfare-

to-work initiatives. If any of these entities does not respond to your

request for this certification within a reasonable time period, its

concurrence shall be assumed but you will be required to submit a copy

of your request for this certification with your application. If any of

these entities objects to the application, their concerns must

accompany the application when it is submitted to HUD so that HUD can

take the concerns into account in its funding decision.

(D) Waiver requests. Your proposed Section 8 Welfare-to-Work

program must be workable without any waivers, and will be rated and

ranked without the waiver of any requirements. Statutory waivers will

not be granted. However, your application may include requests for

waivers of any regulatory, handbook or directive requirements along

with an explanation of how the

[[Page 11288]]

waivers would improve your program. If you are selected for an award,

HUD will consider whether or not to grant your waiver request. Among

other considerations, waivers will not be granted if they have an

adverse impact on fair housing and civil rights.

(E) Program Compliance and Designation of Subcontractor.

Immediately after the publication of this NOFA, the local HUD field

office will notify, in writing, those HAs that are not eligible to

apply without a subcontractor acceptable to HUD or a proposal for

management improvements acceptable to HUD, as explained in this

section.

(1) Program compliance. Your application must designate a

subcontractor acceptable to HUD to administer the new funding increment

on your behalf, in accordance with paragraph (2) of this section, if

you have:

(a) Material weaknesses or reportable conditions outstanding from

Inspector General audit findings, or HUD management review findings for

one or more of your Section 8 rental voucher, rental certificate or

moderate rehabilitation programs;

(b) Serious underutilization evidenced by fewer than 85 percent of

budgeted rental certificates or vouchers under lease; or

(c) Significant findings in program compliance reviews.

(2) Designation of Subcontractor. If you have any of the compliance

problems listed in paragraph (1) of this section, you must designate a

subcontractor acceptable to HUD to administer the new funding increment

under this NOFA on your behalf. In such instances, your application

must include:

(a) An agreement by the subcontractor to administer the new funding

increment; and

(b) A statement that outlines the steps you are taking to resolve

the compliance problems, which may be a proposal for management

improvements that you will implement to remedy the problems.

(F) Statutory Requirements. To be eligible for funding under this

NOFA, you, the applicant, must meet all applicable statutory and

regulatory requirements. If you need copies of regulations, they are

available at the HUD web site located at http://www.HUD.gov.

(G) Threshold Requirements--Compliance with Fair Housing and Civil

Rights Laws. All applicants must comply with all fair housing and civil

rights laws, statutes, regulations, and executive orders as enumerated

in 24 CFR 5.105(a). If an applicant: (a) has been charged with a

systemic violation of the Fair Housing Act by the Secretary alleging

ongoing discrimination; (b) is the defendant in a Fair Housing Act

lawsuit filed by the Department of Justice alleging an ongoing pattern

or practice of discrimination; or (c) has received a letter of

noncompliance findings under Title VI of the Civil Rights Act of 1964,

section 504 of the Rehabilitation Act of 1973, or section 109 of the

Housing and Community Development Act of 1974, the applicant's

application will not be evaluated under this NOFA if, prior to the

application deadline, the charge, lawsuit, or letter of findings has

not been resolved to the satisfaction of the Department. HUD's decision

regarding whether a charge, lawsuit, or a letter of findings has been

satisfactorily resolved will be based upon whether appropriate actions

have been taken necessary to address allegations of ongoing

discrimination in the policies or practices involved in the charge,

lawsuit, or letter of findings.

(H) Additional Nondiscrimination Requirements. You, the applicant,

must comply with the Americans with Disabilities Act, and Title IX of

the Education Amendments Act of 1972.

(I) Affirmatively Furthering Fair Housing. If you are a successful

applicant, you will have a duty to affirmatively further fair housing.

You, the applicant, should include in your application or work plan the

specific steps that you will take to:

(1) Address the elimination of impediments to fair housing that

were identified in the jurisdiction's Analysis of Impediments (AI) to

Fair Housing Choice;

(2) Remedy discrimination in housing; or

(3) Promote fair housing rights and fair housing choice.

Further, you, the applicant, have a duty to carry out the specific

activities provided in your responses to the NOFA rating factors that

address affirmatively furthering fair housing.

(J) Forms, Certifications and Assurances. You, the applicant, are

required to submit signed copies of the Funding Application, form HUD-

52515, which includes all the necessary certifications for Fair

Housing, Drug-Free Workplace and Lobbying Activities and the

certification required by 24 CFR 24.510. (The provisions of 24 CFR part

24 apply to the employment, engagement of services, awarding of

contracts, subgrants, or funding of any recipients, or contractors or

subcontractors, during any period of debarment, suspension, or

placement in ineligibility status, and a certification is required.)

(K) Environmental Requirements. In accordance with 24 CFR

50.19(b)(11) of the HUD regulations, tenant-based activities assisted

under this program are categorically excluded from the requirements of

the National Environmental Policy Act and are not subject to

environmental review under the related laws and authorities. In

accordance with 24 CFR 983.11(b), you must have a responsible entity

complete an environmental review and obtain a HUD release of funds

before entering into any agreement to provide project-based assistance.

(L) Notice of Repeal of Local Government Comment Requirements.

Local government comments that HUD was previously required to obtain

from the unit of general local government on HA applications for

Section 8 rental assistance under Section 213(c) of the Housing and

Community Development Act of 1974 are no longer required. Section 551

of the Quality Housing and Work Responsibility Act of 1998 (Pub.L. 105-

276, 112 Stat. 2461, approved October 21, 1998) (QHWRA) repealed the

provisions of Section 213(c) of the Housing and Community Development

Act of 1974. Although section 503 of QHWRA establishes an effective

date of October 1, 1999, for its provisions unless otherwise

specifically provided, section 503 also permits any QHWRA provision or

amendment to be implemented by notice, unless otherwise specifically

provided. Accordingly, HUD's Notice of Initial Guidance on the QHWRA,

published on February 18, 1999 (64 FR 8192), provided the notice of

immediate implementation of section 551 of QHWRA, as permitted by

section 503 of QHWRA.

V. Application Selection Process

(A) Overview of Process. Local HUD field offices will initially

review applications to ensure that they are complete. When applications

are complete, they will be forwarded to the Grants Management Center

where they will be reviewed based on the criteria listed below in

section V.(C). Although HUD expects to fund applications from all

eligible HAs currently administering Section 8 rental certificate and

rental voucher programs in any of the eight set-aside locations, an HA

will not receive funding until its application receives a rating of at

least 55 points. Scoring of applications using the five factors in

section V.(C) of this NOFA will give HUD a method of ensuring that the

HA has developed a workable plan for administering its Section 8

Welfare-to-Work Rental Voucher program.

[[Page 11289]]

(B) Threshold Requirements. (1) The application is complete and

contains all required certifications, including those described in

section IV.(J), above, of this NOFA.

(2) You meet the requirements of section IV.(G) of this NOFA,

Compliance With Fair Housing and Civil Rights Laws.

(3) The application designates a subcontractor in accordance with

section IV.(E), above, of this NOFA, if necessary under that section.

(C) Rating Factors. (1) Factor 1: Need for Welfare-to-Work Voucher

Program (20 points)

(a) Description: This factor examines the extent to which you

identify the community need that your proposed activities will target

and the urgency of meeting this need. You must provide evidence of the

housing need of the eligible population that will be served by this

program and demonstrate that tenant-based assistance is essential to

assist these families obtain/retain employment. If the HA plans to

project-base any of the Welfare-to-Work rental voucher funding, the HA

must explain how this would benefit the HA's Welfare-to-Work rental

voucher program. Applicants with jurisdiction outside of metropolitan

areas must address the needs of rural areas.

(b) Submission Requirements for Factor 1: You must submit a

narrative that documents that tenant-based rental assistance for which

you are applying is necessary to assist Welfare-to-Work eligible

families to obtain/retain employment. If you plan to project-base a

portion of the Welfare-to-Work rental voucher funding, the need to

develop project-based units must be explained and how this would best

meet the needs of welfare-to-work eligible families, and you must

provide an estimate of the time to occupancy.

(2) Factor 2: Soundness of Approach (20 Points).

(a) Description: This factor examines the quality of your Welfare-

to-Work voucher program. You must describe in narrative form the

proposed program developed in coordination with the TANF program and

other welfare-to-work programs and how the proposed program design

encourages and aids Welfare-to-Work eligible families to move from

welfare to work. In evaluating this factor, HUD will consider the

extent to which your application demonstrates that tenant-based

assistance is critical to the success of assisting eligible families to

obtain or retain employment. HUD will also consider the extent to which

your application lays out an effective plan, with a fully developed

strategy of outreach to eligible families to ensure that all Welfare-

to-Work vouchers are under lease within a year of award, including how

your analysis of need in Factor 1 affects your outreach to families and

targeting of assistance. You should describe any innovative approaches

that will be included in your proposed program. You must address your

strategy for tenant counseling, housing search, and landlord outreach,

and specify the criteria for selecting among eligible families.

HUD will also consider the extent to which, and how well, your plan

of proposed activities is described in detail in your application;

addresses the goals and purposes of the Welfare-to-Work voucher

program; addresses the need for a Welfare-to-Work program that was

identified under Factor 1, above; will be carried out in a timely

manner, conducted in a manner that will reach and benefit members of

the target group, and will make use of services and materials that are

accessible to all persons, including persons with disabilities; and

will yield long-term results and innovative strategies or ``best

practices'' that can be readily disseminated to other organizations and

State and local governments.

(b) Submission Requirements for Factor 2:

(i) A detailed narrative describing your proposed Welfare-to-Work

voucher program developed in coordination with the TANF program and

other welfare-to-work programs; the specific tasks and subtasks to be

performed, including innovative approaches and plans for tenant

counseling, housing search and landlord outreach.

(ii) A discussion of how your application demonstrates that tenant-

based assistance is critical to the success of assisting eligible

families to obtain or retain employment.

(iii) A discussion of how your proposed activities address the

goals and purposes of the Welfare-to-Work voucher program including how

the program design encourages and aids the move to self-sufficiency,

and the criteria for selecting among eligible families.

(iv) A discussion of how your application lays out a fully

developed and effective plan with outreach to eligible families to

ensure that all Welfare-to-Work vouchers are under lease within a year

of award. Your discussion must specify how your analysis of need in

Factor 1 affects your outreach to families and targeting of assistance,

including families in rural areas if your jurisdiction includes rural

areas, unless you provide justification for not addressing rural areas.

(v) A description of the immediate benefits of your proposed

activities and how the benefits will be measured. You must describe the

methods you will use to determine the effectiveness of Welfare-to-Work

program activities.

(vi) A Section 8 Leasing Schedule.

(vii) A discussion of how the activities will reach and benefit

members of the target group and will make use of services and materials

that are accessible to all persons, including persons with

disabilities;

(viii) A description of how the proposed activities will yield

long-term results and innovative strategies or ``best practices'' that

can be readily disseminated to other organizations, communities, and

State and local governments.

(3) Factor 3: Capacity of Applicant and Relevant Organizational

Experience (20 Points)

(a) Description: This factor examines the extent to which your

organization (including individuals or organizations, such as

subcontractors or consultants, if any, that will be your partners in

carrying out the proposed activities) have the organizational resources

necessary to carry out your proposed activities in a timely manner. In

evaluating this factor, HUD will consider the extent to which you

demonstrate recent and relevant experience in, and knowledge about,

carrying out the same or similar activities as those proposed. The

overall quality of your staff, administrative ability, and fiscal

management ability will be evaluated by HUD. HUD may also rely on

information from performance reports, financial status information,

monitoring reports, audit reports and other information available to

HUD in making its determination under this factor.

Your overall administrative ability is evidenced by factors such as

leasing rates, MTCS reporting, correct administration of housing

quality standards, compliance with fair housing and equal opportunity

program requirements, assistance computation and rent reasonableness

and, if you have a mandatory Family Self-Sufficiency Program,

implementation of an FSS program of at least the minimum program size

or a smaller program size approved by HUD. Your relevant organization

experience would be evidence of a successful implementation of an FSS

program, Family Unification program, or other program that involved

coordination with other agencies and/or coordination of services for

families.

(b) Submission Requirements for Factor 3:

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(i) Narrative description of past performance in carrying out

activities that are the same as, or similar to, the activities proposed

for funding, and demonstrate reasonable success in carrying out those

activities. You may demonstrate such reasonable success by showing that

your previous activities have been carried out as proposed and in a

timely manner. You must show that benchmarks in operation were met and

performance reports were prepared as required. You must also describe

any delays that were encountered, and the actions you took to overcome

such delays.

(ii) You must submit the proposed number of staff years necessary

to carry out the proposed activities, identifying the employees and

partners, such as co-applicants, subgrantees, contractors, consultants,

and volunteers, to be allocated to the project; the titles and relevant

professional background and experience of each employee and partner

proposed to be assigned to the project; and the roles to be performed

by each identified employee and partner. If you do not presently have

the employees and partners necessary to carry out all of the proposed

activities, you must identify the gaps in your current staffing and

describe in detail your proposed method for securing the necessary

employees and partners to carry out the project in a timely manner.

(iii) You must provide a comprehensive description of the project's

management structure. You must also describe how staff and partners

relate to the project's administrator or manager, including the lines

of authority and accountability for all the proposed activities.

(iv) You must demonstrate ability in handling financial resources

with adequate financial control procedures and accounting procedures by

providing a comprehensive description of the fiscal management

structure for the proposed project, including budgeting, fiscal

controls and accounting. HUD will also consider findings identified in

your most recent audits; internal consistency in the application of

numeric quantities; accuracy of mathematical calculations; and other

available information on financial management ability.

(4) Factor 4: Leveraging Resources. (20 Points)

(a) Description: This factor addresses the commitment of public and

private resources that will support your Welfare-to-Work voucher

program. HUD will consider the extent to which you can document firm,

written commitments of resources from the local TANF agency, and, if

applicable, from the entity administering the Department of Labor

Welfare-to-Work formula and/or competitive grant; other Federal, State

and local sources; and from other entities, such as private industry,

and for-profit and not-for-profit organizations to provide services and

assistance in the form of cash funding, in-kind contributions, services

or personnel. Such commitments may include, but are not limited to:

child care, transportation necessary to receive services or maintain

employment, remedial education, education for completion of secondary

or post-secondary schooling, job training, preparation and counseling;

substance abuse treatment and counseling; training in homemaking and

parenting skills; training in money management; counseling in

homeownership responsibilities and opportunities available for rental

and homeownership in the private housing market; and job development

and placement.

(b) Submission Requirements for Factor 4:

(i) Describe all firm commitments to the Welfare-to-Work voucher

program including cash funding, in-kind contributions, services or

personnel from other Federal, State, local and private sources.

(ii) Provide evidence of leveraging/partnerships by including in

the application, letters of firm commitments, memoranda of

understanding, or agreements to participate from those entities

identified as partners. To be firmly committed, there must be a written

agreement to provide the resources. The written agreement may be

contingent upon an application receiving funding under this NOFA. Each

letter of commitment, memorandum of understanding, or agreement to

participate should include the partner organization's or individual's

name, proposed level of commitment and responsibilities as they relate

to the proposed activities. The commitment must also be signed by an

official legally able to make commitments on behalf of the

organization.

(5) Factor 5: Comprehensiveness and Coordination (20 Points)

(a) Description: This factor addresses the extent to which your

proposal reflects a coordinated, comprehensive process of identifying

needs and building a system to address needs on an ongoing basis by

using available HUD funding and other resources. You must describe the

extent to which assistance under your proposed Welfare-to-Work program

will be coordinated with welfare reform and with other welfare-to-work

initiatives, including the U.S. Department of Transportation's Job

Access program. The application must include certifications from the

TANF agency and the entity, if any, administering the Welfare-to-Work

formula and/or competitive grants of the Department of Labor agency of

their cooperation and support of the proposed program or evidence of

your request for the certification of those agencies and of their

failure to respond within a reasonable time, or, if either agency

objects to your proposed Welfare-to-Work program, the objections must

be included in your application.

In evaluating this factor, HUD will consider:

(i) The extent to which you demonstrate the support and

participation of the TANF agency and the entity, if any, administering

the Department of Labor Welfare-to-Work formula and/or competitive

grant and the commitment of other public and private organizations in

the community.

(ii) The specific steps you will take to share with others

information on solutions and outcomes resulting from the Welfare-to-

Work voucher program, if funded.

(iii) The specific steps you have taken or will take to become

active in the community's Consolidated Plan process; Analysis of

Impediments to Fair Housing Choice process; Continuum of Care Homeless

Assistance planning process, if homeless persons are to be served by

the proposed activities; and to address, through these processes, the

needs that are the focus of the Welfare-to-Work voucher program.

(iv) The specific steps you have taken or will take to coordinate,

through meetings, information networks, planning processes, or other

mechanisms, your activities with other welfare-to-work activities in

the community, including the appropriate local transportation entity

(i.e., transit properties, metropolitan planning organizations, State

departments of transportation).

(b) Submission Requirements for Factor 5:

(i) Describe what role families, community leaders and

organizations and government and private entities in communities you

serve have had in planning the activities described in your application

and what role they will have in carrying out such activities.

(ii) Describe how you will share with others information on

solutions and outcomes resulting from the Section 8 Welfare-to-Work

voucher program, if funded.

(iii) Describe specific steps you have taken or will take to become

active in

[[Page 11291]]

the community's Consolidated Plan process; or the process for the

Analysis of Impediments to Fair Housing Choice; or the community's

Continuum of Care Homeless Assistance planning process, if homeless

persons are to be served by the proposed welfare-to-work activities;

and to address, through these processes, the needs that are the focus

of your proposed activities.

(iv) Describe the specific steps you have taken or will take to

coordinate, through meetings, information networks, planning processes,

or other mechanisms, your activities with other proposed or on-going

activities in the community funded by HUD or other Federal, State,

local or private sources, including the appropriate local

transportation entity (i.e., transit properties, metropolitan planning

organizations, State departments of transportation.

VI. Application Submission Requirements

(A) Form HUD-52515. Funding Application, form HUD-52515, must be

completed and submitted for the Section 8 Welfare-to-Work voucher

program. This form includes all the necessary certifications for Fair

Housing, Drug-Free Workplace and Lobbying Activities. An application

must include the information in Section C, Average Monthly Adjusted

Income of form HUD-52515 in order for HUD to calculate the amount of

Section 8 budget authority necessary to fund the requested number of

voucher units. You may obtain a copy of form HUD-52515 from the local

HUD Field Office or may download it from the HUD Home page on the

internet's world wide web (http://www.HUD.gov).

(B) Response to Threshold Requirements. Your application must

respond to the threshold requirements that apply to you in paragraphs

V.(B)(1) through (3), above, in this NOFA.

(C) Narrative response to Factors for Award. Your application

package must include the narrative description and any letters,

certifications or other materials required for the each of the ranking

and rating factors from Section V.(C) of this NOFA.

(D) Waiver Requests. Your application may include requests for

waivers of any administrative requirements in HUD regulations or

directives (handbooks and notices). Statutory waivers will not be

granted. Waiver requests must include an explanation of how the waivers

would improve your program. Your proposed program must be workable

without any waivers, and waiver requests will not be considered in

rating and ranking your application. Your waiver requests will only be

considered if you receive an award under this NOFA.

(E) Program Evaluation Participation. If you would like to

participate in HUD's Welfare-to-Work program evaluation, your

application should also include a statement that you are willing to

participate as a special evaluation site in accordance with the

conditions described in section IV.(B)(6) of this NOFA, above.

VII. Corrections to Deficient Applications

After the application due date, HUD may contact you to clarify an

item in your application or to correct deficiencies.

VIII. Findings and Certifications

(A) Paperwork Reduction Act Statement. The information collection

requirements related to this program have been approved by the Office

of Management and Budget (OMB) in accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501-3520), and have been assigned OMB

approval number 2577-0169. An agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information

unless the collection displays a valid control number.

(B) Environmental Impact. Except to the extent that recipients may

project base assistance provided under this NOFA, this NOFA does not

direct, provide for assistance or loan and mortgage insurance for, or

otherwise govern or regulate, real property acquisition, disposition,

leasing (other than tenant-based rental assistance), rehabilitation,

alteration, demolition, or new construction, or establish, revise or

provide for standards for construction or construction materials,

manufactured housing, or occupancy. To the extent that recipients

project base assistance provided under this NOFA, that assistance is

subject to 24 CFR part 983, including the environmental review

provisions set out at 24 CFR 983.11. Accordingly, under 24 CFR

50.19(c)(1) and (5), this NOFA is categorically excluded from

environmental review under the National Environmental Policy Act (42

U.S.C. 4321).

(C) Federalism, Executive Order 12612. The General Counsel, as the

Designated Official under section 6(a) of Executive Order 12612,

Federalism, has determined that the policies contained in this NOFA

will not have substantial direct effects on States or their political

subdivisions, or on the relationship between the Federal Government and

the States, or on the distribution of power and responsibilities among

the various levels of government. Specifically, the NOFA solicits

applicants to help eligible families make the transition from welfare

to work, and does not impinge upon the relationships between the

Federal government and State and local governments. As a result, the

NOFA is not subject to review under the Order.

(D) Prohibition Against Lobbying Activities. You, the applicant,

are subject to the provisions of section 319 of the Department of

Interior and Related Agencies Appropriation Act for Fiscal Year 1991,

31 U.S.C. 1352 (the Byrd Amendment), which prohibits recipients of

Federal contracts, grants, or loans from using appropriated funds for

lobbying the executive or legislative branches of the Federal

Government in connection with a specific contract, grant, or loan. You

are required to certify, using the certification found at Appendix A to

24 CFR part 87, that they will not, and have not, used appropriated

funds for any prohibited lobbying activities. In addition, you must

disclose, using Standard Form LLL, ``Disclosure of Lobbying

Activities,'' any funds, other than Federally appropriated funds, that

will be or have been used to influence Federal employees, members of

Congress, and congressional staff regarding specific grants or

contracts.

(E) Section 102 of the HUD Reform Act; Documentation Requirements.

Publication of Recipients of HUD Funding. HUD's regulations at 24

CFR 4.7 provide that HUD will publish a notice in the Federal Register

on at least a quarterly basis to notify the public of all decisions

made by the Department to provide:

(1) Assistance subject to section 102(a) of the HUD Reform Act; or

(2) Assistance that is provided through grants or cooperative

agreements on a discretionary (non-formula, non-demand) basis, but that

is not provided on the basis of a competition.

(F) Catalog of Federal Domestic Assistance Numbers. The Federal

Domestic Assistance numbers for this program are 14.855 and 14.857.

IX. Authority

The VA/HUD and Independent Agencies Appropriations Act, 1999

appropriated $283 million for the Welfare-to-Work Tenant-Based

Assistance Program.

[[Page 11292]]

Dated: March 3, 1999.

Harold Lucas,

Assistant Secretary for Public and Indian Housing.

[FR Doc. 99-5575 Filed 3-5-99; 8:45 am]

BILLING CODE 4210-33-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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