Notice of Funding Availability Rental Assistance for Non-Elderly Persons with Disabilities in Support of Designated Housing Plans Fiscal Year 1999

SUMMARY: Purpose of the Program. The purpose of the rental voucher

funding being made available under this NOFA is to enable non-elderly

families with disabilities to rent affordable private housing. The

rental vouchers will assist public housing agencies (PHAs) in providing

sufficient alternative resources to meet the housing needs of those

non-elderly disabled families who would have been housed by the PHA if

occupancy in a designated public housing project/building (or portion

thereof) were not restricted to elderly households, and assist PHAs who

wish to continue to designate their buildings as ``mixed elderly and

disabled buildings'' but can demonstrate a need for alternative

resources for non-elderly disabled families.

Available Funds. Approximately $20 million in one-year budget

authority for approximately 4,200 Section 8 rental vouchers.

Eligible Applicants. Public housing agencies (PHAs). Indian Housing

Authorities, Indian tribes and their tribally designated housing

entities are not eligible.

Application Deadline. June 30, 1999.

Match. None.

Additional Information

If you are interested in applying for funding under this program,

please read the balance of this NOFA which will provide you with

detailed information regarding the submission of an application,

Section 8 program requirements, the application selection process to be

used by HUD in selecting applications for funding, and other valuable

information relative to a PHA's application submission and

participation in the program covered by this NOFA.

Application Due Date and Application Submission

Delivered Applications. The application deadline for delivered

applications under this NOFA is June 30, 1999, 6:00 p.m. local HUD

Field Office HUB or local HUD Field Office Program Center time, with a

copy submitted concurrently to the Office of Public Housing, Special

Application Center (SAC).

This application deadline is firm as to date and hour. In the

interest of fairness to all competing PHAs, HUD will not consider any

application that is received after the application deadline. Applicants

should take this practice into account and make early submission of

their materials to avoid any risk of loss of eligibility brought about

by unanticipated delays or other delivery-related problems. HUD will

not accept, at any time during the NOFA competition, application

materials sent via facsimile (FAX) transmission.

Mailed Applications. Applications will be considered timely filed

if postmarked before midnight on the application due date and received

by the local HUD Field Office HUB or local HUD Field Office Program

Center within ten (10) days of that date.

Applications Sent By Overnight Delivery. Overnight delivery items

will be considered timely filed if received before or on the

application due date by the local HUD Field Office HUB or local HUD

Field Office Program Center, 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.

Official Place of Application Receipt. The original and a copy of

the application should be submitted to the local HUD Field Office HUB,

Attention: Director, Office of Public Housing, or to the local HUD

Field Office Program Center, Attention: Program Center Coordinator. The

local HUD Field Office is the official place of receipt for all

applications in response to this NOFA. For ease of reference, the term

``local HUD Field Office'' will be used throughout this NOFA to mean

the local HUD Field Office HUB and local HUD Field Office Program

Center.

Two copies of the application must also be submitted concurrently

to the Office of Public Housing, Special Applications Center, Room

2401, 77 West Jackson Boulevard, Chicago, IL 60604, (tel. 312-886-

9754).

Application Kit, Further Information and Technical Assistance

For Application Kit. An application kit is not available and is not

necessary for submitting an application in response to this NOFA.

For Further Information. For answers to your questions, you have

two options. You may contact the Local HUD Field Office, or you may

contact George C. Hendrickson, Housing Program Specialist, Room 4216,

Office of Public and Assisted Housing Delivery, Department of Housing

and Urban Development, 451 Seventh Street, SW, Washington, DC 20410;

telephone (202) 708-1872, ext. 4064. (This is not a toll-free number.)

Persons with hearing or speech impairments may access this number via

TTY (text telephone) by calling the Federal Information Relay Service

at 1-800-877-8339 (this is a toll-free number).

For Technical Assistance. Prior to the application due date, George

C. Hendrickson of HUD's Headquarters staff (at the address and

telephone number indicated above) will be available to provide general

guidance and technical assistance about this NOFA. Current law does not

permit HUD staff to assist in preparing the application. Following

selection, but prior to award, HUD staff will be available to assist in

clarifying or confirming information that is a prerequisite to the

offer of an award by HUD.

I. Authority, Purpose, Amount Allocated, and Eligibility

(A) Authority. Authority for the approximately $20 million in one-

year budget authority for Section 8 rental vouchers for non-elderly

disabled families in support of designated housing plans to designate

public housing for occupancy by elderly families only, disabled

families only, or elderly families and disabled families only is found

in the Departments of Veteran Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1999 (Pub. L.

105-276, approved October 21, 1998), hereinafter referred to as the

1999 Appropriations Act. The 1999 Appropriations Act also allows the

Secretary to transfer any unobligated funds for this purpose to assist

non-elderly disabled families to the extent they are not needed to fund

approvable applications related to designated housing plans during FY

1999. Accordingly, any funding remaining unobligated under this NOFA

will first be used to fund any approvable applications under NOFA FR-

4413, Rental Assistance for Non-Elderly Persons With Disabilities

Related to Certain Types of Section 8 Project-Based Developments and

Section 202, 221(d)(3) and 236 Developments, for which there are

insufficient funds. Thereafter, any funds still remaining unobligated

under this NOFA shall be used to fund any approvable applications under

NOFA FR-4415, Mainstream Housing Opportunities For

[[Page 11295]]

Persons With Disabilities, for which there are insufficient funds.

(B) Purpose. The purpose of the Section 8 rental voucher funding

being made available under this NOFA is to provide housing assistance

to non-elderly disabled families who would have been housed by a PHA if

occupancy in the designated public housing project/building (or portion

thereof) were not restricted to elderly households, and assist PHAs

that wish to continue to designate their projects/buildings (or

portions thereof) as ``mixed elderly and disabled buildings'' and can

demonstrate a need for alternative housing resources for non-elderly

disabled families that is consistent with the jurisdiction's

Consolidated Plan and the low-income housing needs of the jurisdiction.

In prior fiscal years HUD provided funding for rental vouchers and

certificates for designated housing plans. In FY 1999, however, HUD

will be providing rental vouchers only. This is due to provisions in

the Quality Housing and Work Responsibility Act of 1998 that call for

the merging of the Section 8 rental voucher and certificate programs

into a rental voucher program. HUD intends to publish an interim rule

in the spring of FY 1999 to implement the new rental voucher program.

Since successful applicants for the FY 1999 funding available under

this NOFA will not be funded until after the implementation of the

interim rule, rental vouchers only are being provided in FY 1999.

(C) Amount Allocated. This NOFA announces the availability of

approximately $20 million in one-year budget authority which will

provide assistance to approximately 4,200 non-elderly disabled

families. A PHA may apply for only the number of units needed to house

those non-elderly disabled families that otherwise would have been

housed if not for the designation of a project/building (or portion

thereof) for occupancy by the elderly only. The size of the units

applied for must bear a direct relationship to the size of the units

designated. PHAs are limited to applying for no more than 200 units. An

eligible PHA may apply for a maximum of 200 rental vouchers.

In the event approvable applications are received for more than the

approximately $20 million announced as available under this NOFA, funds

will be transferred from the approximately $20 million available under

NOFA FR-4413, to the extent funds remain unobligated after funding all

approvable applications under that NOFA. This latter NOFA provides

Section 8 rental vouchers for non-elderly disabled families not

receiving housing assistance in certain Section 8 project-based

developments and certain section 202, section 221(d)(3) and section 236

developments.

(D) Eligible Applicants. A PHA established pursuant to State law

may apply for funding under this NOFA. A regional (multi-county) or

State PHA is eligible to apply for funding. Indian Housing Authorities,

Indian tribes and their tribally designated housing entities are no

longer eligible for new increments of Section 8 funding.

Some PHAs currently administering the Section 8 rental voucher and

certificate programs have, at the time of publication of this NOFA,

major program management findings from Inspector General audits, HUD

management reviews, or independent public accountant (IPA) audits that

are open and unresolved or other significant program compliance

problems. HUD will not accept applications for additional funding from

these PHAs as contract administrators if, on the application due date,

the findings are not closed to HUD's satisfaction. If the PHA wants to

apply for funding under this NOFA, the PHA must submit an application

that designates another housing agency, nonprofit agency, or

contractor, that is acceptable to HUD. The PHA's application must

include an agreement by the other housing agency, nonprofit agency, or

contractor to administer the new funding increment on behalf of the

PHA, and a statement that outlines the steps the PHA is taking to

resolve the program findings. Immediately after the publication of this

NOFA, the local HUD Field Office will notify, in writing, those PHAs

that are not eligible to apply without such an agreement. The PHA may

appeal the decision, if HUD has mistakenly classified the PHA as having

outstanding management or compliance problems. Any appeal must be

accompanied by conclusive evidence of HUD's error and must be received

prior to the application deadline.

(E) Eligible Participants. Only non-elderly disabled families that

are income eligible under 24 CFR 982.201(b) and who live in public

housing that has been designated for occupancy by the elderly, or non-

elderly disabled families who are on the PHA's public housing waiting

list, may receive a rental voucher awarded in conjunction with an

approved designated housing allocation plan. Such families need not be

listed on the PHA's Section 8 waiting list in order to be offered and

receive a Section 8 rental voucher. These families may be admitted to

the Section 8 program as a special admission (24 CFR 982.203).

II. Program Requirements and Definitions

(A) Program Requirements. (1) 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, section

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

and Community Development Act, 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.

(2) Additional Nondiscrimination Requirements. Applicants must

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

Education Amendments Act of 1972. In addition to compliance with the

civil rights requirements listed at 24 CFR 5.105, each successful

applicant must comply with the nondiscrimination in employment

requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C.

2000e et seq.), the Equal Pay Act (29 U.S.C. 206(d)), the Age

Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and

Titles I and V of the Americans with Disabilities Act (42 U.S.C. 12101

et seq.).

(3) Affirmatively Furthering Fair Housing. Each successful

applicant will have a duty to affirmatively further fair housing.

Applicants will be required to identify the specific steps that they

will take to:

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

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

Fair Housing Choice;

(b) Remedy discrimination in housing; or

[[Page 11296]]

(c) Promote fair housing rights and fair housing choice. Further,

applicants have a duty to carry out the specific activities cited in

their responses to address affirmatively furthering fair housing under

this NOFA.

(4) Certifications and Assurances. Each applicant is required to

submit signed copies of Assurances and Certifications. The standard

Assurances and Certifications are on form HUD-52515, Funding

Application, which includes the Equal Opportunity Certification,

Certification Regarding Lobbying, and Certification Regarding Drug-Free

Workplace Requirements.

(5) Rental Voucher Assistance Requirements.

(a) Section 8 Regulations. PHAs must administer the Section 8

rental vouchers received under this NOFA in accordance with HUD

regulations and requirements governing the Section 8 rental voucher

program.

(b) Section 8 Admission Requirements. Section 8 assistance must be

provided to eligible applicants in conformity with regulations and

requirements governing the Section 8 rental voucher program and the

PHA's administrative plan.

(c) Turnover. When a rental voucher under this NOFA becomes

available for reissue (e.g., the family initially selected for the

program drops out of the program or is unsuccessful in the search for a

unit), the rental assistance may be used only for another individual or

family eligible for assistance under this NOFA, subject to

appropriations for renewal funding, from the date the rental assistance

is placed under an annual contributions contract (ACC).

(d) PHA Responsibilities. In addition to PHA responsibilities under

the Section 8 rental voucher program and HUD regulations concerning

nondiscrimination based on disability (24 CFR 8.28) and to

affirmatively further fair housing, PHAs that receive rental voucher

funding shall:

(i) Where requested by an individual, assist program participants

to gain access to supportive services available within the community,

but not require eligible applicants or participants to accept

supportive services as a condition of participation or continued

occupancy in the program.

(ii) Identify public and private funding sources to assist

participants with disabilities in covering the costs of structural

alterations and other accessibility features that are needed as

accommodations for their disabilities.

(iii) Not deny persons who qualify for rental assistance under this

program other housing opportunities, or otherwise restrict access to

PHA programs to eligible applicants who choose not to participate.

(iv) Provide Section 8 search assistance.

(v) In accordance with regulatory guidance, provide higher rent to

owners necessary for the provision of accessible units and structural

modifications for persons with disabilities.

(vi) Provide technical assistance to owners for making reasonable

accommodations or making units accessible to persons with disabilities.

(B) Definitions. (1) Designated Housing Plan. A HUD-approved

allocation plan required of PHAs seeking to designate a project/

building (or portion thereof) for occupancy by elderly families only,

disabled families only, or elderly and disabled families only. See

section 10(a) of the Housing Opportunity Extension Act of 1996, Public

Law 104-120, as explained in Notice PIH 97-12(HA), Requirements for

Designation of Public Housing Projects. Section 10(a) amended Section 7

of the United States Housing Act of 1937.

(2) Elderly Family. A family whose head of household, spouse, or

sole member is 62 years or older.

(3) Non-elderly Disabled Family. A family who is not elderly, and

whose head, spouse, or sole member is a person with disabilities. The

term ``non-elderly disabled family'' may include two or more such

persons with disabilities living together, and one or more such persons

with disabilities living with one or more persons who are determined

essential to the care and well-being of the person or persons with

disabilities (live-in aides).

(4) Person with disabilities. A person who--

(a) Has a disability as defined in section 223 of the Social

Security Act (42 U.S.C. 423), or

(b) Is determined to have a physical, mental or emotional

impairment that:

(i) Is expected to be of long-continued and indefinite duration;

(ii) Substantially impedes his or her ability to live

independently; and

(iii) Is of such a nature that such ability could be improved by

more suitable housing conditions, or

(c) Has a developmental disability as defined in section 102 of the

Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.

6001(5)).

The term ``person with disabilities'' does not exclude persons who

have the disease of acquired immunodeficiency syndrome (AIDS) or any

conditions arising from the etiologic agent for acquired

immunodeficiency syndrome (HIV).

Note: While the above definition of a ``person with

disabilities'' is to be used for purposes of determining a family's

eligibility for a Section 8 rental voucher under this NOFA, the

definition of a person with disabilities contained in section 504 of

the Rehabilitation Act of 1973 and its implementing regulations must

be used for purposes of meeting the requirements of Fair Housing

laws, including providing reasonable accommodations.

(5) Section 8 search assistance. Assistance to increase access by

program participants to housing units in a variety of neighborhoods

(including areas with low poverty concentrations) and to locate and

obtain units suited to their needs.

III. Application Selection Process

After the local HUD Field Office has screened PHA applications and

disapproved any applications found unacceptable for further processing,

it will review all acceptable applications (exclusive of the Designated

Housing Plan portion of the application--which is reviewed by the

Special Application Center) to ensure that they are technically

adequate and responsive to the requirements of the NOFA. The local HUD

Field Office will send to the Grants Management Center, Attention:

Michael Diggs, Director, 501 School Street, SW, Suite 800, Washington,

DC 20024, (tel. 202-358-0273), the following information on each

application that is found technically adequate and responsive:

(1) Name and address of the PHA;

(2) Date and time of the local HUD Field Office's receipt of the

PHA's application;

(3) Local HUD Field Office contact person and telephone number;

(4) The number of rental vouchers in the PHA application, and the

minimum number of rental vouchers acceptable to the PHA; and

(5) A completed fund reservation worksheet, indicating the number

of Section 8 rental vouchers requested in the PHA application and

recommended for approval by the local HUD Field Office, and the

corresponding one-year budget authority.

The Special Application Center will send to the Grants Management

Center the following information on each designated housing plan

submitted in conjunction with this NOFA:

(1) A copy of the letter to the PHA approving or disapproving its

designated housing plan.

(2) Special Application Center contact person and telephone number.

The Grants Management Center will fund on a first-come, first-

served basis all approvable applications from PHAs

[[Page 11297]]

that are recommended for funding by the local HUD Field Offices and

that the Special Application Center advises has an approved designated

housing allocation plan, based upon the date and time the application

is received in the local HUD Field Office. As PHAs are selected, the

cost of funding the applications will be subtracted from the funds

available. In the event approvable applications are received for more

than the approximately $20 million announced as available under this

NOFA, funds will be transferred from the approximately $20 million

available under NOFA FR-4413 for non-elderly disabled families not

receiving housing assistance in certain Section 8 project-based

developments, or certain section 202, section 221(d)(3) or section 236

developments, to the extent funds are not needed for approvable

applications under that NOFA. Applications will be funded for the total

number of units requested by the PHA and approved by the Grants

Management Center in accordance with this NOFA. When remaining budget

authority is insufficient to fund the last selected PHA application in

full, however, the Grants Management Center will fund that application

to the extent of the funding available, unless the PHA's application

indicates it will only accept a higher number of units. In that event,

the next selected application shall be one that has indicated a

willingness to accept the lesser amount of funding for units available.

IV. Application Submission Requirements

(A) Form HUD-52515. All PHAs must complete and submit form HUD-

52515, Funding Application, for the Section 8 rental voucher program

(dated January 1996). This form includes all 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 units. The bedroom size and number of requested

units must bear a direct relationship to the bedroom size and number of

units designated in the PHA's allocation plan that will no longer be

available for the future admission of non-elderly disabled families.

Copies of form HUD-52515 may be obtained from the local HUD Field

Office, or may be downloaded from the HUD Home Page site on the

Internet's world wide web (http://www.hud.gov).

(B) Letter of Intent and Narrative. All the items in this section

must be included in the application submitted to the local HUD Field

Office. The PHA must state in its cover letter to the application

whether it will accept a reduction in the number of rental vouchers ,

and the minimum number of rental vouchers it will accept, since the

funding is limited and HUD may only have enough funds to approve a

smaller amount than the number of rental vouchers requested. The

maximum number of rental vouchers that a PHA may apply for under this

NOFA is limited to 200.

(C) Approvable Designated Housing Plan. The application must

include an approvable plan to designate housing in accordance with

section 10(a) of the Housing Opportunities Extension Act of 1996,

Public Law 104-120, as explained in Notice PIH 97-12 (HA), Requirements

for Designation of Public Housing Projects.

(D) Designated Housing Plan Previously Approved. Any PHA wishing to

rely on a designated housing plan previously approved by HUD that did

not require Section 8 rental vouchers or certificates for non-elderly

disabled families or that now requires more Section 8 rental vouchers

than previously justified, will require the PHA to submit the

information required in paragraphs (A) and (B) above, a copy of the

previously HUD-approved designated housing plan, and updated needs data

supporting the need now for Section 8 rental vouchers not previously

deemed necessary as an alternative housing resource. The updated needs

data should indicate why the PHA does not have the appropriate

resources to carry out the previously approved plan, identifying the

number of Section 8 rental vouchers needed for non-elderly disabled

families, and addressing the housing needs in its consolidated plan.

Conversely, any PHA wishing to rely on a designated housing plan

previously approved by HUD, contingent upon the PHA's future submission

of an application for Section 8 rental certificates or vouchers as an

alternative housing resource for non-elderly disabled families, will

need to submit the information required by paragraphs (A) and (B)

above, but need only submit the HUD-approval letter for the designated

housing plan in lieu of the plan itself (updated needs data also

unnecessary).

Note: 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 PHA 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. Corrections to Deficient Applications

(A) Acceptable Applications. To be eligible for processing, an

application must be received by the local HUD Field Office no later

than the date and time specified in this NOFA. The local HUD Field

Office will initially screen all applications and notify PHAs of

technical deficiencies (exclusive of the designated housing plan) by

letter. The Special Applications Center will review the designated

housing plan portion of the application and advise the PHA by letter as

to approval/disapproval of the plan.

If an application has technical deficiencies, the PHA will have 14

calendar days from the date of the issuance of the local HUD Field

Office's notification letter to submit and the local HUD Field Office

receive the missing or corrected information before the application can

be considered for further processing by HUD. Curable technical

deficiencies relate only to items that do not improve the substantive

quality of the application.

Information received by the local HUD Field Office after 3 p.m.

local HUD Field Office time on the 14th calendar day of the correction

period will not be accepted and the application will be rejected as

incomplete.

(B) Unacceptable Applications. (1) After the 14-calendar day

technical deficiency correction period, the local HUD Field Office will

disapprove all PHA applications that it determines are not acceptable

for processing. The local HUD Field Office's notification of rejection

letter must state the basis for the decision.

(2) Applications from PHAs for Section 8 rental assistance that

fall into any of the following categories will not be processed:

(a) Applications from PHAs that do not meet the requirements of

Section

[[Page 11298]]

II(A)(1) of this NOFA, Compliance With Fair Housing and Civil Rights

Laws.

(b) The PHA has serious unaddressed, outstanding Inspector General

audit findings, HUD management review findings, or independent public

accountant (IPA) findings for its rental voucher or rental certificate

programs; or the PHA has failed to achieve a lease-up rate of 90

percent of units in its HUD-approved budget for the PHA fiscal year

prior to application for funding in each of its rental voucher and

certificate programs (excluding the impact of the three-month statutory

delay requirement effective in FY 1997 and 1998 for the reissuance of

rental vouchers or certificates). The only exception to this category

is if the PHA has been identified under the policy established in

Section I.(D) of this NOFA and the PHA makes application with a

designated contract administrator.

(c) The PHA is involved in litigation and HUD determines that the

litigation may seriously impede the ability of the PHA to administer

the rental vouchers.

(d) A PHA's application that does not comply with the requirements

of 24 CFR 982.102 and this NOFA after the expiration of the 14-calendar

day technical deficiency correction period will be rejected from

processing.

(e) The PHA's application was submitted after the application due

date.

VI. Findings and Certifications

(A) Paperwork Reduction Act Statement. The information collection

requirements contained in this NOFA have been approved by the Office of

Management and Budget in accordance with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501-3520), and assigned OMB control 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. 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 50.19(c)(5), the approval for issuance of this NOFA is

categorically excluded from environmental review under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321).

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

Domestic Assistance number for this program is 14.857.

(D) Federalism Impact. 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 the relationship between the Federal Government and the States, or

on the distribution of power and responsibilities among the various

levels of government. As a result, the notice is not subject to review

under the Order. This notice is a funding notice and does not

substantially alter the established roles of HUD, the States, and local

governments, including PHAs.

(E) Accountability in the Provision of HUD Assistance. Section 102

of the Department of Housing and Urban Development Reform Act of 1989

(HUD Reform Act) and the regulations in 24 CFR part 4, subpart A

contain a number of provisions that are designed to ensure greater

accountability and integrity in the provision of certain types of

assistance administered by HUD. On January 14, 1992 (57 FR 1942), HUD

published a notice that also provides information on the implementation

of section 102. HUD will comply with the documentation, public access,

and disclosure requirements of section 102 with regard to the

assistance awarded under this NOFA, as follows:

(1) Documentation and public access requirements. HUD will ensure

that documentation and other information regarding each application

submitted pursuant to this NOFA are sufficient to indicate the basis

upon which assistance was provided or denied. This material, including

any letters of support, will be made available for public inspection

for a 5-year period beginning not less than 30 days after the award of

the assistance. Material will be made available in accordance with the

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15. In addition, HUD will include the

recipients of assistance pursuant to this NOFA in its Federal Register

notice of all recipients of HUD assistance awarded on a competitive

basis.

(2) Disclosures. HUD will make available to the public for 5 years

all applicant disclosure reports (HUD Form 2880) submitted in

connection with this NOFA. Update reports (also Form 2880) will be made

available along with the applicant disclosure reports, but in no case

for a period less than 3 years. All reports--both applicant disclosures

and updates--will be made available in accordance with the Freedom of

Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24

CFR part 15.

(F) Section 103 HUD Reform Act. HUD will comply with section 103 of

the Department of Housing and Urban Development Reform Act of 1989 and

HUD's implementing regulations in subpart B of 24 CFR part 4 with

regard to the funding competition announced today. These requirements

continue to apply until the announcement of the selection of successful

applicants. HUD employees involved in the review of applications and in

the making of funding decisions are limited by section 103 from

providing advance information to any person (other than an authorized

employee of HUD) concerning funding decisions, or from otherwise giving

any applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under section 103 and subpart B of 24 CFR part

4.

Applicants or employees who have ethics related questions should

contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-

free number.) For HUD employees who have specific program questions,

such as whether particular subject matter can be discussed with persons

outside HUD, the employee should contact the appropriate Field Office

Counsel.

(G) Prohibition Against Lobbying Activities. Applicants for funding

under this NOFA 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) and to the

provisions of the Lobbying Disclosure Act of 1995 (Pub. L. 104-65;

approved December 19, 1995).

The Byrd Amendment, which is implemented in regulations at 24 CFR

part 87, prohibits applicants for Federal contracts and grants from

using appropriated funds to attempt to influence Federal executive or

legislative officers or employees in connection with obtaining such

assistance, or with its extension, continuation, renewal, amendment, or

modification. The Byrd Amendment applies to the funds that are the

subject of this NOFA. Therefore, applicants must file a certification

stating that they have not made and will not make any prohibited

payments and, if any payments or agreement to make payments of

nonappropriated funds for these purposes have been made, a form SF-LLL

disclosing such payments must be submitted. The certification and the

SF-LLL are included in the application.

[[Page 11299]]

The Lobbying Disclosure Act of 1995 (Pub. L. 104-65; approved

December 19, 1995), which repealed section 112 of the HUD Reform Act,

requires all persons and entities who lobby covered executive or

legislative branch officials to register with the Secretary of the

Senate and the Clerk of the House of Representatives and file reports

concerning their lobbying activities.

Dated: March 2, 1999.

Harold Lucas,

Assistant Secretary for Public and Indian Housing.

[FR Doc. 99-5576 Filed 3-5-99; 8:45 am]

BILLING CODE 4210-33-P