Fiscal Year 1999 Notice of Funding Availability; Rental Assistance for Non-Elderly Persons With Disabilities Related to Certain Types of Section 8 Project-Based Developments and Sections 202, 221(d)(3), and 236 Developments

SUMMARY: Purpose of the Program. The purpose of this program is to

provide Section 8 rental vouchers to non-elderly disabled families who

are not currently receiving housing assistance in certain Section 8

project-based developments due to the owners establishing preferences

for the admission of elderly families, or in certain types of section

202, section 221(d)(3), or section 236 developments where the owners

are restricting occupancy in the developments (or portions thereof) to

elderly families. The rental vouchers will enable non-elderly disabled

families to rent affordable housing.

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.

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

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, 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.

Application Kit, Further Information and Technical Assistance

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

necessary for submitting an application for funding under 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, Room 4216, 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 who are not currently receiving housing assistance in

certain Section 8 project-based developments due to the owners

establishing preferences for the admission of elderly families, and for

non-elderly disabled families not being housed in certain section 202,

section 221(d)3), and section 236 developments (or portions thereof)

where the owners have restricted occupancy to elderly families 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 authorized

appropriations for Section 8 rental vouchers to assist non-elderly

disabled families affected by the establishment of preferences in

accordance with section 651 of the Housing and Community Development

Act of 1992, or the restriction of occupancy to elderly families in

accordance with section 658 of such 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 under sections 651 and 658 for such families. Accordingly,

any funding remaining unobligated under this NOFA will be used first to

fund any approvable applications under NOFA FR-4412, Rental Assistance

for Non-Elderly Persons With Disabilities in Support of Designated

Housing Plans, for which there are insufficient funds. Thereafter, any

funds still remaining unobligated under this NOFA will be used to fund

any approvable applications under NOFA FR-4415, Mainstream Housing

Opportunities for Persons With Disabilities, for which there are

insufficient funds.

(1) Section 651 of the Housing and Community Development Act of

1992

[[Page 11311]]

(42 U.S.C. 13611 allowed owners of the following covered Section 8

project-based developments (limited to only such developments

originally designed primarily for occupancy by elderly families) to

provide preferences to elderly families in selecting tenants for

available assisted units in those projects:

(a) Section 8 New Construction Program, 24 CFR Part 880;

(b) Section 8 Substantial Rehabilitation Program, 24 CFR Part 881;

(c) State Housing Agencies Program (insofar as involving new

construction and substantial rehabilitation), 24 CFR Part 883;

(d) New Construction Set-Aside for Section 515 Rural Rental Housing

Projects Program, 24 CFR Part 884; and

(e) Section 8 Housing Assistance Program for the Disposition of

HUD-Owned Projects (insofar as involving substantial rehabilitation),

24 CFR Part 886, subpart C.

(2) Section 658 of the 1992 Act provides that an owner of a

Federally assisted project (or portion thereof) that was designed for

occupancy for elderly families may continue to restrict occupancy in

such project (or portion) to elderly families in accordance with the

rules, standards, and agreements governing occupancy in such housing in

effect at the time of the development of the housing. The three types

of assisted housing developments covered by Section 658 are as follows:

(a) Housing assisted under section 202 of the Housing Act of 1959,

as such section existed before the enactment of the National Affordable

Housing Act (NAHA);

(b) Housing financed by a loan or mortgage insured under section

221(d)(3) of the National Housing Act that bears an interest rate

determined under section 221(d)(5); and

(c) Housing insured, assisted or held by the Secretary or a State

or State Agency under section 236 of the National Housing Act.

(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 are not being housed in certain

types of Section 8 project-based developments due to the establishment

of preferences for elderly admissions by the owners, or are not being

housed in certain section 202, section 221(d)(3), or section 236

developments due to the owners having restricted occupancy to elderly

families. In prior fiscal years HUD provided funding for rental

vouchers and certificates for these purposes; however, in FY 1999 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 under this NOFA in FY 1999 will not be

funded until after the implementation of the interim rule, rental

vouchers only will be provided this year under this NOFA.

(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 only for the number of units needed to house:

(1) Those non-elderly disabled families who are on the waiting list

of an owner of a Section 8 project-based development identified above

in paragraph I.(A)(1) where the owner elected to provide preferences to

elderly families and to house other non-elderly disabled families

residing in the community who would qualify for one-or zero-bedroom

units; or

(2) Those non-elderly disabled families who are on the waiting list

of, or are otherwise residing in the community, but in either instance

are not being housed in certain assisted housing developments listed

above in paragraph I.(A)(2) where the owners have restricted occupancy

in the developments (or portion thereof) to elderly. Non-elderly

disabled families in this second category would also need to qualify

for one- or zero bedroom units.

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-4412 for non-elderly disabled families related to designated

housing plans, to the extent funds remain unobligated after funding all

approvable applications under that NOFA.

(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 (e.g., PHA has not implemented mandatory Family Self-

Sufficiency (FSS) Program). 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. Eligible participants include non-

elderly disabled families who were on the waiting list (at the time of

the PHA's application) of a covered development listed in paragraphs

I.(A)(1) and (2) above where the owner had exercised a preference for

the admission of elderly families, or restricted occupancy to elderly

families, respectively, at the time the PHA received the names of these

families from the owner of the development(s) for purposes of

requesting Section 8 rental vouchers in response to this NOFA. These

non-elderly disabled families need not be listed on the PHA's Section 8

waiting list in order to be offered and receive Section 8 rental

assistance; i.e., it is sufficient that their names are on the waiting

list for a covered development at the time their names are provided to

the PHA by the owner. Eligible participants also include other non-

elderly disabled families residing in the community who would qualify

for a

[[Page 11312]]

one- or zero-bedroom unit. Non-elderly disabled families must be income

eligible under 24 CFR 982.201(b) in order to receive a rental voucher.

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 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.

(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

(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 in covering the costs of modifications that need to be

made to their units as a reasonable accommodation 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 rents 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) Elderly Family. A family whose head of

household, spouse, or sole member is 62 years or older.

(2) 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).

(3) 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.

[[Page 11313]]

(4) 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,

the local HUD Field Office will review all acceptable applications 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 Grants Management Center will fund all approvable applications

from PHAs that are recommended for funding by the local HUD Field

Office 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-

4412 for non-elderly disabled families related to designated housing

allocation plans, to the extent such funds have not been obligated

under that NOFA for approvable applications. Applications will be

funded for the total number of units requested by the PHA and

recommended for approval by the local HUD Field Office 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. 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) Certification, Waiting List Information and Other Non-Elderly

Disabled Families Residing in the Community. In order to support the

requested number of rental vouchers being requested on the form HUD-

52515, the PHA's application must include a certification from the

owner of a covered development (see paragraph I. (A)(1) and (2) which

lists the different types of covered developments), stating the

specific type of covered development, preferences are provided to

elderly families in selecting tenants (Section 8 project-based

developments) or occupancy in the development is restricted to elderly

families (assisted housing developments), and the number of non-elderly

disabled families on the owner's waiting list for the development(s).

PHAs may contact the local HUD Field Office's Director, Multifamily

Division, to get the addresses and telephone numbers of the

developments falling under the programs listed in paragraph I. (A)(1)

and (2) above. The PHA will then need to contact the management/owners

of these developments within their jurisdiction to verify that the

development is a covered development.

Owners of covered developments are encouraged to cooperate with

PHAs and provide the required certification (if applicable) in a timely

manner. An owner should also concurrently provide the PHA with the

names, addresses and telephone numbers of those families on the

development's waiting list that are non-elderly disabled families.

PHAs must also submit information supportive of the number of other

non-elderly disabled families residing in the community who would

qualify for one-bedroom or zero-bedroom units (not on the waiting lists

of covered developments). The application must demonstrate a need for

rental vouchers by providing information documenting that the demand

for housing for non-elderly disabled families would equal or exceed the

requested number of rental vouchers (not to exceed 200). The PHA must

assess and document the need using a range of sources including, but

not limited to: census data, information from the PHA's waiting list

(both public housing and Section 8), statistics on recent public

housing admissions and rental certificate and voucher use, data from

local advocacy groups and local public and private service agencies

familiar with the housing needs of non-elderly disabled families, and

pertinent information from the Consolidated Plan applicable to the

PHA's jurisdiction. (See 24 CFR 91.205(d).

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 21, 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

[[Page 11314]]

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 by letter.

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 the missing or corrected

information to the local HUD Field Office 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.

All PHAs must submit corrections within 14 calendar days from the

date of the local HUD Field Office's letter notifying the applicant of

any such deficiency. 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 that fall into any of the following

categories will not be processed:

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

Section 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 Section 8 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)(ii), 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

[[Page 11315]]

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.

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. 99-5578 Filed 3-5-99; 8:45 am]

BILLING CODE 4210-33-P