[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16694]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



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Notice of Fund Availability for the Rental Voucher Program and Rental 
Certificate Program
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3789; FR-3705-N-01]
NOFA for the Rental Voucher Program and Rental Certificate Program
AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of fund availability for FY 1994 and procedures for 
allocating funds and approving housing agency applications.

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SUMMARY: The purpose of the Rental Voucher and the Rental Certificate 
Programs is to assist eligible families to pay the rent for decent, 
safe, and sanitary housing. This notice states the fund allocation 
available for award of ``fair share'' rental vouchers and rental 
certificates. The notice identifies the amount of housing assistance 
budget authority available for each allocation area and HUD State or 
Area Office jurisdiction during Fiscal Year 1994.
    This notice also:
    (1) Invites Public Housing Agencies (PHAs) and Indian Housing 
Authorities (IHAs), herein referred to as housing agencies (HAs), to 
submit applications for housing assistance funds;
    (2) Provides instructions to HAs governing the submission of 
applications; and
    (3) Describes procedures for rating, ranking, and approving HA 
applications.

DATES: Applications for all funding under this NOFA must be received in 
the HUD State or Area Office/Native American Programs Office by 3:00 
p.m. local time (i.e., time at the office where the application is 
submitted) on August 25, 1994.

ADDRESSES: The basic application, Form HUD-52515, and all other 
necessary application materials may be obtained from, and completed 
applications are to be submitted to, the appropriate HUD State or Area 
Office/Native American Programs Office for the jurisdiction in which 
the applicant is located (see Section II, Application Processing, of 
the NOFA).

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations 
Branch, Rental Assistance Division, Office of Public and Indian 
Housing, Room 4220, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410-8000, telephone (202) 708-
0477. Hearing- or speech-impaired individuals may call HUD's TDD number 
(202) 708-4594. (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget (OMB), under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and have been assigned OMB control number 2577-0169.

I. Purpose and Substantive Description

A. Authority

    The regulations governing the Rental Certificate and the Rental 
Voucher Programs are published at 24 CFR parts 882 and 887, 
respectively. The regulations for allocating housing assistance budget 
authority under section 213(d) of the Housing and Community Development 
Act of 1974 are published at 24 CFR part 791, subpart D.

B. Allocation Amounts

(1) Housing Needs Formula
    In this fiscal year, approximately $975 million of budget authority 
for the rental voucher and certificate programs is available for fair 
share formula allocation. (This amount may be reduced by up to $100 
million (or some other amount) to increase the level of funding for 
litigation or desegregation.) This funding will support additional 
units for HA rental voucher and rental certificate programs. Of this 
amount, approximately $624 million is for rental vouchers and 
approximately $351 million is for rental certificates. This budget 
authority is being allocated to HUD State or Area Office and allocation 
areas under this NOFA, using the housing needs factors established in 
accordance with 24 CFR 791.402. For purposes of this NOFA, the 
Department is using the metropolitan area designations that were in 
effect prior to December 31, 1992, since detailed census data 
tabulations for the new metropolitan area designations are not 
available, yet. In addition, $51.3 million is retained in a 
Headquarters Reserve which will not be allocated by formula.
(2) Metropolitan/Non-Metropolitan Mix
    Separate housing needs factors were developed for the metropolitan 
and non-metropolitan allocation areas within each HUD State or Area 
Office jurisdiction. On a nationwide basis, approximately 90 percent of 
the Fiscal Year 1994 ``fair share'' budget authority for the Rental 
Voucher Program and Rental Certificate Program is designated for 
metropolitan areas. The metropolitan housing needs factors were applied 
to the housing assistance budget authority available for use in 
metropolitan areas and the non-metropolitan housing needs factors were 
applied to the housing assistance budget authority available for use in 
non-metropolitan areas.
    The allocation areas were established by the HUD field offices to 
ensure sufficient competition among HAs (including State and regional 
or multi-county HAs) operating housing programs within the HUD-
established allocation areas.
(3) Program Type
    This notice announces the fair share allocation of housing 
assistance budget authority (See Attachment 1) for the Rental Voucher 
Program and for the Rental Certificate Program to each HUD State or 
Area Office for designated allocation areas, based on the housing needs 
factors. The allocation of housing assistance budget authority to each 
allocation area, however, is the total for both programs. The 
allocations have been structured to give HUD State or Area Offices 
flexibility in approving HA applications for the rental voucher program 
or the rental certificate program. It is not necessary that each 
allocation area within a HUD State or Area Office jurisdiction be 
provided both rental vouchers and rental certificates. This notice also 
provides, for each allocation area, an estimate of the total number of 
rental vouchers and rental certificates that could be funded from the 
housing assistance available in the allocation area. These estimates 
are based on the average fair market rents for two-bedroom units in the 
HUD State or Area Office's jurisdiction. The actual number of units 
assisted will vary from these estimates in the actual bedroom size mix 
that is funded in a given area.
(4) Potential Additional Funding
    If additional rental voucher or rental certificate funding becomes 
available for incremental use during Fiscal Year 1994, the Department 
plans to distribute any additional funding to HUD State or Area Offices 
using the same percentage distribution as reflected in Attachment 1 to 
this NOFA. Any additional funding will be used under the competitive 
requirements of this NOFA to fund HA applications which were approvable 
but not funded, or approved and funded at less than 100 percent of the 
requested amount.

C. Family Self-Sufficiency Program

    Unless specifically exempted by HUD, any rental voucher or rental 
certificate funding reserved in FY 94 (except funding for renewals or 
amendments) will be used to establish the minimum size of a PHA's FSS 
program.

D. HA Eligibility

    All HAs are invited by this notice to submit applications for the 
incremental funding for the Rental Voucher Program (24 CFR part 887) 
and the Rental Certificate Program (24 CFR part 882).

II. Application Process

A. Application Requirements

    All the items in Section III of this NOFA must be included in the 
application submitted to the HUD State or Area Office/Native American 
Programs Office. The application may include an explanation of how the 
application meets, or will meet, the selection criteria listed in this 
NOFA. The maximum point total available under the selection criteria in 
this NOFA is 95.

B. Selection Criteria/Rating Factors

(1) Selection Criterion 1
    HA Administrative Capability (40 points).
    (a) Description: Overall HA administrative capability in the Rental 
Voucher, Rental Certificate, and Moderate Rehabilitation Programs is 
either excellent or good. Administrative Capability is evidenced by 
factors such as leasing rates and correct administration of housing 
quality standards (HQS), compliance with the portability requirements 
for rental vouchers and rental certificates, compliance with Fair 
Housing and Equal Opportunity program requirements, assistance payment 
computation, timely submission of budgets and financial statements, and 
rent reasonableness requirements. For purposes of this NOFA, an HA 
administering a Rental Voucher, Rental Certificate, or Moderate 
Rehabilitation Program will not be rated on the administration of its 
Public or Indian Housing Program. If an HA is not administering a 
Rental Voucher, Rental Certificate, or Moderate Rehabilitation Program, 
HUD will rate HA administration of the Public or Indian Housing 
Program. If an HA is not administering a Rental Voucher, Rental 
Certificate, Moderate Rehabilitation, Public Housing or Indian Housing 
Program, HUD will assess the administrative capability of the HA based 
on such factors as experience of staff, support of the HA by the local 
government, and the HA's administrative experience with non-HUD housing 
programs.
    (b) Rating and Assessment:
    (i) HUD review of HA Operations:
     8 Points--Assign 8 points if HA has no review findings 
outstanding, or all review findings have been corrected, for HUD HA 
management reviews, Fair Housing & Equal Opportunity reviews, or 
Inspector General audits as of the deadline date for submission of 
applications under this NOFA.
     5 Points--Assign 5 points if HA has less than five review 
findings outstanding and all findings are being addressed.
     2 Points--Assign 2 points if HA has five or more review 
findings outstanding and all findings are being addressed.
     0 Points--Assign 0 points if HA has any review findings 
outstanding and the findings are not being addressed.
    (ii) Compliance with Section 8 Portability rules:
     8 Points--Assign 8 points if HA is in compliance with all 
provisions of the portability rules.
     5 Points--Assign 5 points if HA is in general compliance 
with portability rules, but has some minor compliance issues.
     2 Points--Assign 2 points if HA has some major compliance 
issues under portability which are being addressed.
     0 Points--Assign 0 points if HA is not in compliance with 
portability rules and issues are not being addressed.
    (iii) Housing Quality Standards (HQS) Inspections:
     8 Points--Assign 8 points if HA had more than 95% of its 
units pass HQS inspections by HUD at the last review or HUD is aware of 
actions taken by the HA to improve the number of units that pass HQS 
inspections to 95% or more.
     6 Points--Assign 6 points if HA had more than 90% of its 
units pass HQS inspections by HUD at the last review, or HUD is aware 
of actions taken by the HA to improve the number of units that pass HQS 
inspections to 90% or more.
     4 Points--Assign 4 points if HA had more than 85% of its 
units pass HQS inspections by HUD at the last review, or HUD is aware 
of actions taken by the HA to improve the number of units that pass HQS 
inspections to 85% or more.
     2 Points--Assign 2 points if HA had more than 80% of its 
units pass HQS inspections by HUD at the last review, or HUD is aware 
of actions taken by the HA to improve the number of units that pass HQS 
inspections to 80% or more.
     0 Points--Assign 0 points if HA had 80% or less of its 
units pass HQS inspections by HUD at the last review and HUD is not 
aware of actions taken by the HA to improve the number of units that 
pass HQS inspections to 80% or more.
    (iv) Percentage of Units Leased as of September 30, 1993. HUD staff 
should use the percentage of units under ACC for a period of one year 
for the tenant-based rental assistance programs administered by an HA. 
HUD may use a report on leasing for another period if the September 30, 
1993, report is not reflective of HA performance.
     8 Points--Assign 8 points if HA had 98% or more of its 
rental certificates and rental vouchers under lease.
     6 Points--Assign 6 points if HA had 96% or more of its 
rental certificates and rental vouchers under lease.
     4 Points--Assign 4 points if HA had 94% or more of its 
rental certificates and rental vouchers under lease.
     2 Points--Assign 2 points if HA had 90% or more of its 
rental certificates and rental vouchers under lease.
     0 Points--Assign 0 points if HA had less than 90% of its 
rental certificates and rental vouchers under lease.
    (v) Timely Submission of HA Budget and Financial Statements to HUD.
     8 Points--Assign 8 points if the HA submitted both its 
most recent fiscal year Section 8 budget at least 30 days prior to the 
start of the HA fiscal year and its year-end Section 8 annual financial 
statements within the required 45 days of the end of the HA's fiscal 
year.
     4 Points--Assign 4 points if the HA submitted either its 
most recent fiscal year budget at least 30 days prior to the start of 
the HA's fiscal year or its year-end Section 8 annual financial 
statements within the required 45 days of the end of the HA fiscal 
year.
     0 Points--Assign 0 points if the HA is unable to document 
the timely submission of the budget and financial statements.
    (2) Selection Criterion 2: Underfunding of Housing Needs (45 
points).
    (a) Description: The degree to which the housing needs of the 
primary area specified in the HA's application from which the HA draws 
families to assist (primary area) have previously been underfunded, 
relative to the needs of other localities within the same allocation 
area, taking into account such factors as the number of assisted 
housing units and the number of very low-income renter households with 
housing problems, eligible for such assistance. The HUD State or Area 
Office/Native American Programs Office will, wherever practicable, 
consider needs being met by all Federally assisted rental housing 
programs, including the FmHA Section 515 Rural Rental Housing program, 
but will, as a minimum, consider assistance provided under the Rental 
Voucher Program, the Rental Certificate Program, other Section 8 
Programs, and the Public or Indian Housing Program.
    In accordance with Notice PIH 91-45 (HUD), the HUD State or Area 
Office/Native American Programs Office will notify FmHA of applications 
it receives and ask that FmHA provide advisory comments concerning the 
market for additional assisted housing or the possible impact the 
proposed units may have on FmHA projects. Applications for which FmHA 
has provided comments expressing concerns about market need or the 
continued stability of existing FmHA projects, with which HUD agrees, 
will receive zero points for this criterion.
    (b) Rating and Assessment: To receive points under this criterion, 
an application must propose funding in an area which has been 
previously underfunded or proportionately funded relative to the need 
for housing in the same allocation area.
    The assignment of points is based on the degree to which the needs 
in the primary area specified in the application have been underfunded, 
taking into account the number of assisted housing units and the number 
of very low-income renter households with housing problems. The 
determination of point values will be based on a comparison of the 
percentage of housing need served in the primary area specified in the 
application to the percentage of need served in the allocation area 
since the 1990 census. The percentages for the allocation areas and the 
primary areas are to be rounded to the nearest whole number.
    The HUD State or Area Office/Native American Programs Office will 
evaluate whether housing need in the primary area specified in the 
application has been underfunded and will assign one of the three 
point-values, as follows:
     45 Points. Housing need in the primary area specified in 
the application has been severely underfunded. A primary area with a 
percentage of need served that is equal to or less than one-third the 
allocation area's percentage will be determined to be severely 
underfunded.
     30 Points. Housing need in the primary area specified in 
the application has been moderately underfunded. An application with a 
percentage of need served that is greater than one-third the allocation 
area's percentage but equal to or less than two-thirds of the 
allocation area percentage will be determined to be moderately 
underfunded.
     15 Points. Housing need in the primary area specified in 
the application has been proportionately funded. An application with a 
percentage of need served that is greater than two-thirds the 
allocation area's percentage but equal to or less than the allocation 
area percentage will be determined to be proportionately funded.
     0 Points. Housing need in the primary area specified in 
the application has been overfunded. A primary area with a percentage 
of need served that is greater than the allocation area percentage will 
be determined to have been overfunded.
    (3) Selection Criterion 3: Local Initiatives (5 points).
    (a) Description. The application must describe the extent to which 
HAs demonstrate locally initiated efforts in support of their Rental 
Voucher and Rental Certificate Programs or comparable tenant-based 
rental assistance programs. Evaluation of a locality's contribution is 
measured competitively by the extent to which a locality is able to 
provide services or cash contributions or demonstrate its intention to 
provide this kind of support in the future, as compared to services or 
contributions provided by other localities of like program size.
    (b) Rating and Assessment. The HUD State or Area Office/Native 
American Programs Office will assign one of two point-values, as 
follows:
     5 points: The State or locality provides significant local 
support (e.g., financial, manpower for inspection services) to its 
Rental Voucher or Rental Certificate Program.
     2 points: The State or locality provides minimal local 
support to its Rental Voucher or Rental Certificate Program.
     0 points: The State or locality does not provide support 
to the HA's Rental Voucher or Rental Certificate Program.
    (4) Selection Criterion 4: Efforts of HAs to Establish a Family 
Self-Sufficiency Program (10 points Deduction).
    (a) Description: The application must describe the efforts 
undertaken by the PHA to establish a Section 8 Family Self-Sufficiency 
(FSS) program including (1) submission to HUD of an Action Plan, and 
(2) creation of a Program Coordinating Committee. If a PHA is not 
administering a Rental Voucher or Rental Certificate Program, the HUD 
State or Area Office will rate HA administration of the Public Housing 
FSS program, if applicable. All activities rated under this criterion 
must have been completed prior to the submission of an application 
under this NOFA. The score of the PHA application must be reduced if 
the PHA received an FSS Incentive award of Section 8 funding in FY 1992 
and the PHA has failed to complete the required implementation steps as 
described below. Also, the score of a PHA application must be reduced 
if the PHA received funding in FY 1993 (unless the HUD State or Area 
Office granted a total exception to the FSS program requirement) and 
the PHA has failed to complete the required implementation steps as 
described below.
    (b) Rating and Assessment: The HUD State or Area Office must deduct 
point values as shown below:
     10 point Deduction--Deduct 10 points if (1) the HA has 
failed to establish a Program Coordinating Committee and provide the 
names, duties and experience of all members (24 CFR 984.202(a) & (b)) 
to HUD, and (2) the HA has failed to submit an Action Plan to HUD 
within 90 days of notification by HUD of approval of the PHA's 
application for units under the FY 91/92 FSS incentive award 
competition or HUD approval of the HA's first application, commencing 
in FY 93, for rental certificates or rental vouchers (24 CFR 
984.201(c)(1)).
     5 point Deduction--Deduct 5 points if (1) the HA has 
failed to establish a Program Coordinating Committee and provide the 
names, duties and experience of all members or (2) the HA has failed to 
submit an Action Plan in accordance with 24 CFR 984.201(c)(1).
    (5) Selection Criterion 5: Efforts of HA to Provide Area-Wide 
Housing Opportunities for Families (5 points).
    (a) Description: Many HAs have undertaken voluntary efforts to 
provide area-wide housing opportunities for families. HAs in 
metropolitan and non-metropolitan areas are eligible for points under 
this criterion. These HAs have established cooperative agreements with 
other HAs or created a consortium of HAs in order to facilitate the 
transfer of families and their rental assistance between HAs. In 
addition, HAs have established relationships with non-profit groups to 
provide families with additional counseling to increase the likelihood 
of a successful move by the families to low-poverty areas.
    (b) Rating and Assessment: The HUD State or Area Office/Native 
American Programs Office will assign point values as shown below:
     5 points--Assign 5 points if the HA documents that it has 
taken steps to increase area-wide housing opportunities for families 
such as being a member of an established consortium of HAs including at 
least 50 percent of the HAs in its housing market, providing extra 
counseling to families, establishing a relationship with other groups 
including non-profit agencies, or participating in other activities 
that facilitate area-wide housing opportunities for families.
     0 Points--Assign 0 points if the HA is unable to document 
area-wide efforts as shown in this criterion.

C. Unacceptable Applications

    (1) After the 14-calendar day technical deficiency correction 
period (refer to Section IV, Corrections to Deficient Applications, of 
this NOFA), the HUD State or Area Office/Native American Programs 
Office will disapprove HA applications that it determines are not 
acceptable for processing (refer to Section III(F), Checklist of 
Technical Requirements, of this NOFA). The HUD State or Area Office/
Native American Programs Office notification of rejection letter must 
state the basis for the decision.
    (2) Applications that fall into any of the following categories 
will not be processed:
    (a) The Department of Justice has brought a civil rights suit 
against the applicant HA, and the suit is pending.
    (b) There has been an adjudication of a civil rights violation in a 
civil action brought against the HA by a private individual, unless the 
HA is operating in compliance with a court order, or implementing a HUD 
approved resident selection and assignment plan or compliance agreement 
designed to correct the areas of noncompliance.
    (c) There are outstanding findings of noncompliance with civil 
rights statutes, Executive Orders, or regulations, as a result of 
formal administrative proceedings, or the Secretary has issued a charge 
against the applicant under the Fair Housing Act, unless the applicant 
is operating under a conciliation or compliance agreement designed to 
correct the areas of non- compliance.
    (d) HUD has denied application processing under Title VI of the 
Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR 
50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures 
(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act 
of 1973 and HUD regulations (24 CFR 8.57).
    (e) The HA has serious unaddressed, outstanding Inspector General 
audit findings, fair housing and equal opportunity monitoring review 
findings, or HUD State or Area Office/Native American Programs Office 
management review findings for one or more of its Rental Voucher, 
Rental Certificate, or Moderate Rehabilitation Programs, or, in the 
case of an HA that is not currently administering a Rental Voucher, 
Rental Certificate, or Moderate Rehabilitation Program, for its Public 
Housing Program or Indian Housing Program.
    (f) The leasing rate for rental vouchers and rental certificates 
under ACC for at least one year is less than 85 percent, or, in the 
case of an HA not currently administering a Rental Voucher or Rental 
Certificate Program, the leasing rate for all units available for 
occupancy in the Public or Indian Housing Program is less than 85 
percent. (For a State or regional HA, the HUD State or Area Office/
Native American Programs Office shall determine the HA's combined 
leasing rate for metropolitan and non-metropolitan areas, and shall use 
the combined rate in determining whether to accept the application 
under this paragraph.)
    (g) The HA is involved in litigation and HUD determines that the 
litigation may seriously impede the ability of the HA to administer an 
additional increment of rental vouchers or rental certificates.

D. Local Government Comments

    Section 213 of the Housing and Community Development Act of 1974 
requires that HUD independently determine that there is a need for the 
housing assistance requested in applications, and solicit and consider 
comments relevant to this determination from the chief executive 
officer of the unit of general local government. The HUD State or Area 
Office/Native American Programs Office will obtain Section 213 comments 
from the unit of general local government in accordance with 24 CFR 
part 791, subpart C, Applications for Housing Assistance in Areas 
Without Housing Assistance Plans. Comments submitted by the unit of 
general local government must be considered before an application can 
be approved.
    For purposes of expediting the application process, the HA should 
encourage the chief executive officer of the unit of general local 
government to submit a letter with the HA application commenting on the 
HA application in accordance with Section 213. Since HUD cannot approve 
an application until the 30-day comment period is closed, the Section 
213 letter should not only comment on the application, but also state 
that HUD may consider the letter to be the final comments and that no 
additional comments will be forthcoming from the local unit of 
government.

E. Funding Applications

    (1) Maximum Funding Allowed. The HUD State or Area Office/Native 
American Programs Office may not approve funding for an HA under this 
NOFA for more than the greater of 10 percent of the HA rental vouchers 
and rental certificates under reservation or 50 units.
    (2) Minimum Funding Allowed. The HUD State or Area Office/Native 
American Programs Office may not approve funding for an HA under this 
NOFA for less than 25 units, unless:
    (a) The HA requests fewer than 25 units; or
    (b) The residual budget authority in using the rank order funding 
process after funding higher ranked applications is insufficient to 
fund at least 25 units; or
    (c) The total budget authority available to the allocation area 
will fund less than 25 units.
    (3) Funding Procedure. The HUD State or Area Office must develop a 
procedure for approval of applications (including applications rated by 
the Native American Programs Office) for each allocation area in rank 
order until all the housing assistance budget authority is used. Where 
a HUD State or Area Office funds applications according to rank order 
for each allocation area, only to find it has some number of units 
left, but not enough to fund the next fundable application in its 
entirety or for the minimum of 25 units, that application can be funded 
to the extent of the number of units available.
    The HUD State or Area Office may elect to approve 100 percent of 
the units requested in all applications that score above a HUD State or 
Area Office-determined funding cut-off, up to the maximum number of 
units allowed.
    The HUD State or Area Office may elect to approve less than 100 
percent of the units requested in all applications for each allocation 
area that score above a HUD State or Area Office-determined funding 
cut-off, up to the maximum number of units allowed.
    If applications are to be funded at less than 100 percent of the 
units requested in the applications, the HUD State or Area Office must 
either (i) approve the same percentage of the number of units requested 
in each application or (ii) divide approvable applications into two or 
more categories, for example, those scoring over 80 points, and those 
scoring between 50 and 80 points.
    If the HUD State or Area Office elects to divide applications into 
two categories, the HUD State or Area Office may choose to approve a 
different percentage for applications in each of the two ranking 
categories so that a higher percentage of units requested would be 
approved for all applications in the higher category and a lower 
percentage of units requested would be approved for all applications in 
the lower category. The HUD State or Area Office must approve the same 
percentage of each application within each of the two ranking 
categories unless there are insufficient funds to approve the minimum 
25 units. If the HUD State or Area Office is unable to fund all the 
applications for the minimum funding allowed in either of the two 
categories, the HUD State or Area Office must reduce the applicable 
percentage factor in the category in order to fund all applications for 
the minimum 25 units (unless the HA requested less than 25 units or the 
total budget authority available to the allocation area will fund less 
than 25 units).
    If an HA applies for a specific program (i.e., rental vouchers or 
rental certificates) and funding for the specified program is not 
available in the metropolitan area or non-metropolitan allocation area, 
the HUD State or Area Office will award the available form of 
assistance, even though not specifically requested by the applicant.
    The HUD State or Area Office must promptly notify the applicable 
Native American Programs Office for each allocation area as to the 
status of any applications from IHAs and, if applicable, the amount of 
budget authority to be made available for IHA applications that were 
rated high enough to receive funding.

F. Reallocations of Funds

    Each HUD State or Area Office must make every reasonable effort to 
use all available funds. It may be necessary, however, to reallocate 
funds from one HUD State or Area Office to another when the funds are 
not likely to be used in the HUD State or Area Office to which they 
were initially assigned. In such cases, the following procedures shall 
be followed:
    (1) Reallocations Within the Same State. If the allocation of funds 
to a HUD State or Area Office cannot be awarded within the office 
jurisdiction during Fiscal Year 1994, Headquarters will reallocate 
those funds to another HUD State or Area Office in the same State where 
they can be used during Fiscal Year 1994.
    (2) Reallocations Between States. If a HUD State or Area Office 
cannot use funds within the same State, Headquarters will reallocate 
those funds to another HUD State or Area Office for use in a State 
where they can be used during Fiscal Year 1994.
    (3) Reallocations Between Metropolitan and Non-metropolitan Areas. 
The HUD State or Area Office must follow the original fund assignments 
for metropolitan and non-metropolitan areas when it reallocates unused 
budget authority among allocation areas. If there are not enough 
approvable applications for the designated metropolitan or non-
metropolitan budget authority, the HUD State or Area Office may switch 
the budget authority between a metropolitan and a non-metropolitan area 
within the same State, provided that an offsetting switch can be made 
in another State within the HUD State or Area Office. If an offsetting 
switch cannot be made and the metropolitan or non-metropolitan amounts 
require changes to the fund assignments, the HUD State or Area Office 
must obtain the approval of the Budget Division, Office of Management 
and Policy, Office of Public and Indian Housing, before switching 
budget authority between a metropolitan and a non-metropolitan area.
    (4) A request for Headquarters approval of a reallocation within or 
between States must explain the reasons that funds cannot be used in 
the original State, the amount being withdrawn from the original State, 
the program type, and the metropolitan/non-metropolitan mix, and the 
amount to be reallocated. These requests must be submitted to 
Headquarters (ATTENTION: Budget Division, Office of Management and 
Policy, Office of Public and Indian Housing) for approval.

G. Notification of Funds Awarded

    (1) After the HUD State or Area Offices have reviewed, rated, and 
ranked applications, and the HUD State or Area Offices and Native 
American Programs Offices have approved the applications, each HUD 
State or Area Office and each Native American Programs Office must 
submit to Headquarters a list of all approved applications. The 
application approval list is due in Headquarters (ATTENTION: Rental 
Assistance Division, Office of Public and Indian Housing) on the tenth 
working day following the date set by Headquarters for completion of 
application ranking and selections.
    (2) The Offices must provide the following information for each 
application approved:
    (a) The name and address of the HA;
    (b) The project number, and the number of rental vouchers and the 
number of rental certificates, as applicable, approved for the HA; and
    (c) The amount of contract authority and budget authority, stated 
separately for rental vouchers and rental certificates.

H. Administrative Fees

    (1) The administrative fees for incremental units in the Fiscal 
Year 1994 appropriations are specified as follows:
    (a) FY 1994 Incremental (Fees Provided by FY 1994 Appropriation): 

------------------------------------------------------------------------
                                                   Rental      Rental   
                                                  vouchers  certificates
------------------------------------------------------------------------
(1) On-going....................................      8.2%        8.2%  
(2) Preliminary.................................      $275        $275  
(3) Hard-to-House...............................       $45        $45   
------------------------------------------------------------------------

    (b) FY 1994 Opt-outs/Public Housing Demolition (Replacements and 
Relocation) Section 23 Conversions: 

------------------------------------------------------------------------
                                                   Rental      Rental   
                                                  vouchers  Certificates
------------------------------------------------------------------------
(1) On-going....................................      6.5%       7.65%  
(2) Preliminary.................................      $215        $250  
(3) Hard-to-House...............................       $45        $45   
------------------------------------------------------------------------

    (c) Renewal of Rental Vouchers and Rental Certificates: 

------------------------------------------------------------------------
                                                   Rental      Rental   
                                                  vouchers  certificates
------------------------------------------------------------------------
(1) On-going....................................      6.5%       7.65%  
(2) Preliminary.................................        $0          $0  
(3) Hard-to-House...............................       $45        $45   
------------------------------------------------------------------------

    (2) For budget preparation, submission of requisitions, and 
approving year-end operating statements, HAs should use the March 2, 
1994, Notice PIH 94-9, Administrative Fee Requirements for the Section 
8 Rental Voucher and Rental Certificate Programs, to determine the 
blended rate for all rental voucher or rental certificate increments 
for a given HA.

I. Headquarters Reserve

    The Department is retaining in a Headquarters Reserve approximately 
$51.3 million of the $1.0 billion of budget authority available for 
allocation by formula for rental vouchers and rental certificates. 
Funds in the Headquarters Reserve will not be allocated by formula 
because these funds will be used in connection with natural disasters, 
litigation, desegregation, and other housing emergencies, consistent 
with 24 CFR 791.407. Headquarters will notify HAs when they are 
eligible to receive assistance from the Headquarters Reserve and may 
invite the HAs to submit applications.

J. Other Allocations

    In addition to the budget authority for ``fair share'' rental 
vouchers and rental certificates, additional budget authority 
(including carryover budget authority) is available for allocation in 
Fiscal Year 1994 for rental vouchers and rental certificates for the 
following purposes:
(1) Relocation, Demolition and Disposition (HOPE I, II, Section 5(h), 
Section 18 and Urban Revitalization)
    Headquarters will allocate funds directly to the HUD State or Area 
Offices to assist families living in public housing projects that are 
being demolished or disposed with HUD approval; to provide replacement 
housing in connection with Section 18, Urban Revitalization, HOPE I or 
Section 5(h) activities; or relocation assistance to families affected 
by HOPE I, HOPE II, and Section 5(h) activities; or assistance to non-
purchasing families affected by HOPE II activities. HUD State or Area 
Office/Native American Programs Office requests for funding under this 
category will be approved on a first-come, first-served basis after 
notification by HUD that an application for public housing demolition 
or disposition, Section 18, Urban Revitalization, HOPE I, HOPE II, or 
Section 5(h) was approved. HUD State or Area Office/Native American 
Programs Office requests should include all data pertinent to 
determining the eligibility of the request for funding under the 
appropriate program and the amount of funds required. Replacement 
housing assistance will be provided in the form of 5-year rental 
voucher or rental certificate funding. (Approximately 2,988 units and 
$99.852 million in budget authority.)
(2) Rental Voucher and Rental Certificate Renewals
    Headquarters will allocate funds directly to the HUD State or Area 
Offices/Native American Programs Offices for the renewal of rental 
voucher and rental certificate funding increments expiring in Fiscal 
Year 1994. Renewal funding will be provided in-kind (i.e., rental 
voucher funding for expiring rental voucher increments, and rental 
certificate funding for expiring rental certificate increments). 
(Approximately 177,000 units and $4.7 billion in budget authority.)
(3) Section 23 Conversions
    Headquarters will allocate rental certificate funds directly to the 
HUD State or Area Offices for tenant-based rental assistance to 
residents of Section 23 leased housing for which leases are expiring. 
HUD State or Area Office requests for funding under this category will 
be approved on a first-come, first-served basis. HUD State or Area 
Offices must include all data necessary to determine the amount of 
funds required. (Approximately 374 units and $7.4 million in budget 
authority.)
(4) Section 8 Amendments
    Headquarters will allocate Rental Certificate Program cost 
amendments to provide budget authority increases to HA rental 
certificate programs. Headquarters will allocate the funds on an as 
needed basis. (Approximately $289.6 million in budget authority.)
(5) HA Portability Fees
    Headquarters will allocate these funds to pay special preliminary 
fees to HAs under Rental Voucher and Rental Certificate Program 
portability provisions. The Department issued a HUD Notice PIH 92-14 
(PHA), dated April 22, 1992, that describes administrative procedures 
for requesting the special preliminary fees. These funds will be 
allocated to the HAs on a first-come, first-served basis. 
(Approximately $6 million in budget authority.)
(6) Litigation
    Headquarters will allocate funding to meet the anticipated needs in 
settlement of litigation. (Approximately 1,312 units and $43.8 million 
in budget authority.)
(7) Moving to Opportunity Demonstration--National Competition
    Headquarters will allocate funding to assist families with children 
to move out of areas with high concentrations of persons living in 
poverty through contracts with nonprofit organizations. Appropriations 
were provided for rental certificates and rental vouchers to be used in 
a demonstration limited to cities with populations over 350,000 in 
metropolitan areas of over 1,500,000 population. HUD will conduct a 
national competition for Section 8 funding. The criteria will be 
published in a NOFA. (Approximately 4,364 units and $164 million in 
budget authority.)
(8) Family Unification Demonstration--National Competition
    Headquarters will allocate funding to assist families with children 
for whom the lack of adequate shelter is a primary factor which would 
result in the imminent placement of the family's child, or children, in 
out-of-home care or delay in the discharge of the child, or children, 
to the family from out-of-home care. HUD will conduct a national 
competition for Section 8 funding. The criteria will be published in a 
NOFA. (Approximately 2,200 units and $77.4 million in budget 
authority.)
(10) Veterans Affairs Supportive Housing--National Competition
    Headquarters will allocate funding under this joint effort between 
HUD and the Department of Veterans Affairs whereby rental vouchers are 
provided to assist homeless veterans to obtain rental housing after 
they have received treatment from a Veterans Affairs (VA) medical 
facility. HUD is conducting a national competition. The criteria will 
be published in a NOFA. (Approximately 700 units and $18.35 million in 
budget authority.)
(12) Disaster Funding for Northridge, CA Earthquake
    Headquarters allocated funding from a supplemental appropriation 
from Congress for rental certificates to assist very low-income 
families who were involuntarily displaced from their homes as a result 
of the Northridge earthquake in the Los Angeles area. (Approximately 
15,000 units and $200 million in budget authority.)

III. Checklist of Application Submission Requirements

A. Obtaining Application Materials

    An Application Kit, which includes Form HUD-52515, Application for 
Existing Housing, may be obtained from the local HUD State or Area 
Office/Native American Programs Office. (Except as provided for Indian 
Housing Authorities in Section III(B), Submitting Applications, of this 
NOFA, only an original application and one copy should be submitted; it 
is not necessary to submit additional copies of the application.) In 
addition, the basic application and other required submissions are 
available from the HUD State or Area Office, as follows: Form HUD-
52515; Certification for a Drug- Free Workplace; Text for the 
Certification Regarding Lobbying; and Standard Form LLL, Disclosure of 
Lobbying Activities.

B. Submitting Applications

    HA applications must be received in the HUD State or Area Office/
Native American Programs Office by 3:00 p.m. local time (i.e., the time 
at the office where the application is to be submitted) on August 25, 
1994.
    The Native American Programs Office is the place of official 
receipt for IHA applications. An IHA also must submit, at the same 
time, a copy of its application to the HUD State or Area Office that 
has jurisdiction over the portion of the State in which the IHA is 
located. HUD State or Area Offices/Native American Programs Offices 
will be responsible for notifying their HAs of the exact address and 
room number where applications are to be submitted. Copies transmitted 
via facsimile (FAX) transmission will not be accepted for processing.

C. General

    (1) Applications must be submitted to the local HUD State or Area 
Office/Native American Programs Office on Form HUD-52515 in accordance 
with the applicable program regulations.
    (2) The application should include a narrative description of how 
the application meets, or will meet, the application selection 
criteria. Failure to submit a narrative description is not cause for 
application rejection; however, the HUD State or Area Office/Native 
American Programs Office can only rate and rank the application based 
on information the Office has on-hand.
    (3) Attachment 1 at the end of this notice lists the HUD State or 
Area Offices and the number of units and budget authority available for 
each allocation area. HAs should limit their applications for the 
``fair share'' program to a reasonable number of rental vouchers and 
rental certificates, based on the capacity of the HA to lease all the 
units within 12 months of ACC execution. The number of units on the HA 
application may not exceed the greater of: (a) Ten percent (10%) of the 
total rental vouchers and rental certificates under reservation for the 
HA; or (b) 50 units.
    (4) HAs shall submit only one application (Form HUD-52515) for an 
allocation area. If both rental vouchers and rental certificates are 
requested on the same application, then the application will be given 
two project numbers, one for the Rental Voucher Program and one for the 
Rental Certificate Program. The total number of units applied for may 
not exceed the ten percent or 50-unit limitation.
    (5) Regional and State-wide HAs may submit one application for each 
allocation area, and each application will be considered separately. 
Each regional or State-wide HA application may request up to ten 
percent (10%) of the total rental vouchers and rental certificates the 
HA has under reservation for each allocation area as applicable, or 50 
units, whichever is greater.
    (6) The HUD State or Area Office/Native American Programs Office 
will reduce the number of units requested in any application that 
exceeds the ten percent or 50-unit limit to the greater of ten percent 
(10%) of the total number of rental vouchers and rental certificates 
identified on the latest HUD-approved budget for the HA.

D. Certification Regarding Drug-Free Workplace

    The Drug-Free Workplace Act of 1988 requires grantees of Federal 
agencies to certify that they will provide a drug-free workplace. Thus, 
each HA must certify (even though it has done so previously) that it 
will comply with the drug-free workplace requirements in accordance 
with 24 CFR part 24, subpart F.

E. Certification Regarding Lobbying

    Section 319 of the Department of the Interior Appropriations Act, 
Public Law 101-121, approved October 23, 1989, (31 U.S.C. 1352) (the 
Byrd Amendment) generally prohibits recipients of Federal contracts, 
grants, and 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. The Department's 
regulations on these restrictions on lobbying are codified at 24 CFR 
part 87. To comply with 24 CFR 87.110, any HA (other than an IHA that 
meets the definition of ``person'' in 24 CFR 87.105) submitting an 
application under this NOFA for more than $100,000 of budget authority 
assistance must submit a certification and, if warranted, a Disclosure 
of Lobbying Activities. To assist HAs, the texts for the Certification 
Regarding Lobbying and Standard Form LLL, Disclosure Form to Report 
Lobbying are available from the HUD State or Area Office.

F. Checklist for Technical Requirements

    The following checklist specifies the required information that 
must be submitted in the HA's application. It is recommended, but not 
required, that the application contain a narrative explaining how the 
application meets the selection criteria.

              Initial Screening Checklist--Application for Rental Vouchers and Rental Certificates              
----------------------------------------------------------------------------------------------------------------
    Housing agency         HUD state or area                                                                    
-----------------------         office                                                                          
                       ------------------------                                                                 
   Yes          No         Yes          No                                                                      
----------------------------------------------------------------------------------------------------------------
  {time}      {time}      {time}      {time}    The application contains a completed Form HUD 52515.            
  {time}      {time}      {time}      {time}    The application specifies the number of rental vouchers and/or  
                                                 rental certificates requested.                                 
  {time}      {time}      {time}      {time}    The application states by number of bedrooms the total number of
                                                 units requested by the HA (i.e., one bedroom units, two bedroom
                                                 units).                                                        
  {time}      {time}      {time}      {time}    The application demonstrates that it is responsive to the       
                                                 condition of the housing stock in the community and the housing
                                                 assistance needs of low income families (including the elderly,
                                                 handicapped, disabled, large families and those displaced)     
                                                 residing in or expected to reside in the community.            
  {time}      {time}      {time}      {time}    The application demonstrates that the applicant qualifies as a  
                                                 public housing agency and is legally qualified and authorized  
                                                 to participate in the rental assistance programs for the area  
                                                 in which the programs are to be carried out. Such demonstration
                                                 includes: (i) The relevant enabling legislation, (ii) any rules
                                                 and regulations adopted or to be adopted by the agency to      
                                                 govern its operations, and (iii) a supporting opinion from the 
                                                 agency counsel. If such documents are currently on file in the 
                                                 HUD State or Area Office/Native American Programs Office, they 
                                                 do not have to be resubmitted.                                 
  {time}      {time}      {time}      {time}    The application includes a statement that the housing quality   
                                                 standards to be used in the operation of the program will be as
                                                 set forth in 24 CFR 882.109 and/or 24 CFR 887.251 or that      
                                                 variations in the Acceptability Criteria are proposed or have  
                                                 been approved by the HUD State or Area Office/Native American  
                                                 Programs Office. In the latter case, each proposed variation   
                                                 shall be specified and justified.                              
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
    Housing agency           Field office                                                                       
-----------------------------------------------                                                                 
   Yes          No         Yes          No                                                                      
----------------------------------------------------------------------------------------------------------------
  {time}      {time}      {time}      {time}    The application contains the HA schedule of leasing, which must 
                                                 provide for the expeditious leasing of units in the program. In
                                                 developing the schedule, an HA must specify the number of units
                                                 in the program that are expected to be leased at the end of    
                                                 each three-month interval. The schedule must project lease-up  
                                                 by eligible families within twelve months or sooner after      
                                                 execution of the ACC by HUD.                                   
  {time}      {time}      {time}      {time}    The application (for rental vouchers and/or rental certificates)
                                                 contains estimates of the average adjusted income for          
                                                 prospective participants for each bedroom size.                
----------------------------------------------------------------------------------------------------------------


  Requirement for Drug-Free Workplace Certification, and Anti-Lobbying Certification and Disclosure Statement   
----------------------------------------------------------------------------------------------------------------
    Housing agency           Field office                                                                       
-----------------------------------------------                                                                 
   Yes          No         Yes          No                                                                      
----------------------------------------------------------------------------------------------------------------
  {time}      {time}      {time}      {time}    The application meets HUD's drug-free workplace requirements set
                                                 out at 24 CFR part 24, subpart F. (The application contains an 
                                                 executed Certification for a Drug-Free Workplace.)             
  {time}      {time}      {time}      {time}    The application meets HUD's regulations regarding anti-lobbying 
                                                 set out at 24 CFR 87. The anti-lobbying requirements apply to  
                                                 applications that, if approved, would result in the HA         
                                                 obtaining more than $100,000 in budget authority. The          
                                                 Department has determined that IHAs established by an Indian   
                                                 tribe as a result of the exercise of their sovereign power are 
                                                 excluded from coverage, but IHAs established under State law   
                                                 are not excluded from coverage. To comply, HAs must submit an  
                                                 Anti-lobbying Certification and, if warranted, a Disclosure of 
                                                 Lobbying Activities.                                           
----------------------------------------------------------------------------------------------------------------

IV. Corrections to Deficient Applications

    To be eligible for processing, an application must be received by 
the appropriate HUD State or Area Office/Native American Programs 
Office no later than the date and time specified in Section II of this 
NOFA. The HUD State or Area Office/Native American Programs Office will 
initially screen all applications and notify HAs of technical 
deficiencies by letter.
    If an application has technical deficiencies, the HA will have 14 
calendar days from the date of the issuance of written notification to 
submit the missing or corrected information to the HUD State or Area 
Office and/or Native American Programs Office. Curable technical 
deficiencies relate only to items that do not improve the substantive 
quality of the application relative to the rating factors.
    All HAs must submit corrections within 14 calendar days from the 
date of HUD's letter notifying the applicant of any such deficiency. 
Information received after 3 p.m. local time (i.e., the time in the 
appropriate HUD State or Area Office/Native American Programs Office), 
of the fourteenth calendar day of the correction period will not be 
accepted and the application will be rejected as incomplete. All HAs 
are encouraged to review the initial screening checklist provided in 
Section III of this notice. The checklist identifies all technical 
requirements needed for application processing. An HA application that 
does not comply with the requirements of 24 CFR 882.204(a) or 887.55(b) 
and this notice, including the drug-free workplace certification and 
the anti-lobbying certification/disclosure requirements, after the 
expiration of the 14-day cure period will be rejected from processing.

V. Other Matters

A. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with the Department's regulations at 24 CFR 
Part 50, which implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding is 
available for public inspection between 7:30 a.m. and 5:30 p.m. 
weekdays in the Office of the Rules Docket Clerk, Office of General 
Counsel, Department of Housing and Urban Development, room 10276, 451 
Seventh Street, SW, Washington, D.C. 20410.

B. 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 notice 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 the Department, the States, and local governments, including HAs.

C. Impact on the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice does not have 
potential for significant impact on family formation, maintenance, and 
general well-being within the meaning of the Executive Order and, thus, 
is not subject to review under the Order. This is a funding notice and 
does not alter program requirements concerning family eligibility.

D. Section 102 of the HUD Reform Act: Documentation and Public 
Access Requirements.

HUD Responsibilities

    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 five-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 
quarterly Federal Register notice of all recipients of HUD assistance 
awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and 
the notice published in the Federal Register on January 16, 1992 (57 FR 
1942), for further information on these requirements.)

E. Section 103 of the HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) 
(Reform Act) was published on May 13, 1991 (56 FR 22088), and became 
effective on June 12, 1991. That regulation, codified as 24 CFR part 4, 
applies to the funding competition announced today. The requirements of 
the rule 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 restrained by part 4 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 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.) 
The Office of Ethics can provide information of a general nature to HUD 
employees, as well. However, a HUD employee who has specific program 
questions, such as whether particular subject matter can be discussed 
with persons outside the Department, should contact his or her HUD 
State or Area Office Counsel, or Headquarters counsel for the program 
to which the question pertains.

F. Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
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 specific contract, grant, 
or loan. The prohibition also covers the awarding of contracts, grants, 
cooperative agreements, or loans unless the recipient has made an 
acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients, and subrecipients of assistance exceeding 
$100,000 must certify that no Federal funds have been or will be spent 
on lobbying activities in connection with the assistance. IHAs 
established by an Indian tribe as a result of the exercise of the 
tribe's sovereign power are excluded from coverage of the Byrd 
Amendment, but IHAs established under State law are not excluded from 
the statute's coverage.

G. Section 112 of the Reform Act

    Section 112 of the HUD Reform Act added a new section 13 to the 
Department of Housing and Urban Development Act (42 U.S.C. 3537b). 
Section 13 contains two provisions dealing with efforts to influence 
HUD's decisions with respect to financial assistance. The first imposes 
disclosure requirements on those who are typically involved in these 
efforts--those who pay others to influence the award of assistance or 
the taking of a management action by the Department and those who are 
paid to provide the influence. The second restricts the payment of fees 
to those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912). If readers are involved in any 
efforts to influence the Department in these ways, they are urged to 
read the final rule, particularly the examples contained in Appendix A 
of the rule.
    Any questions about the rule should be forwarded to the Director, 
Office of Ethics, room 2158, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-3000. 
Telephone: (202) 708-3815 (TDD/Voice) (this is not a toll-free number). 
Forms necessary for compliance with the rule may be obtained from the 
local HUD office.

    Authority: 42 U.S.C. 1437a, 1437c, 1437f.

    Dated: July 1, 1994.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
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[FR Doc. 94-16717 Filed 7-8-94; 8:45 am]
BILLING CODE 4210-33-C
DEPARTMENT OF JUSTICE

Bureau of Prisons

 
List of Bureau of Prisons Institutions

AGENCY: Bureau of Prisons, Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is publishing a 
consolidated listing of its institutions. The following institutions 
have been added to the listing: Federal Correctional Institutions at 
Cumberland, Maryland; Greenville, Illinois; and Pekin, Illinois; a 
Federal Medical Center at Carswell, Texas; and a Federal Transportation 
Center at Oklahoma City, Oklahoma. The former Federal Correctional 
Institution at Fort Worth, Texas has been redesignated as a Federal 
Medical Center. The Federal Prison Camp at Tyndall Air Force Base and 
the Federal Medical Center at Carville, Louisiana have been closed and 
consequently have been removed from the listing. Finally, the names of 
certain Bureau institutions located on military reservations have been 
shortened for the sake of consistency and ease of reference.

ADDRESS: Office of General Counsel, Bureau of Prisons, 320 First Street 
NW., HOLC Room 754, Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, (202) 514-6655.

SUPPLEMENTARY INFORMATION: Attorney General Order No. 646-76 (41 FR 
14805), as amended, classifies and lists the various Bureau of Prisons 
institutions. Attorney General Order No. 960-81, Reorganization 
Regulations, published in the Federal Register October 27, 1981 (at 46 
FR 52339 et seq.) delegated to the Director, Bureau of Prisons, in 28 
CFR 0.96(q), the authority to establish and designate Bureau of Prisons 
institutions. The last listing of the Bureau's institutions was 
published in the Federal Register on August 20, 1993 (58 FR 44424).
    This notice is not a rule within the meaning of the Administrative 
Procedure Act, 5 U.S.C. 551(4), the Regulatory Flexibility Act, 5 
U.S.C. 601(2), or Executive Order No. 12291, Sec. 1(a).
    By virtue of the authority vested in the Attorney General in 18 
U.S.C. 3621, 4001, 4003, 4042, 4081, and 4082 (repealed in part October 
12, 1984) and delegated to the Director, Bureau of Prisons by 28 CFR 
0.96(q), it is hereby ordered as follows:
    The following institutions are established and designated as places 
of confinement for the detention of persons held under authority of any 
Act of Congress, and for persons charged with or convicted of offenses 
against the United States or otherwise placed in the custody of the 
Attorney General of the United States.
    A. The Bureau of Prisons institutions at the following locations 
are designated as U.S. Penitentiaries:
    (1) Allenwood, Pennsylvania;
    (2) Atlanta, Georgia;
    (3) Florence, Colorado;
    (4) Leavenworth, Kansas;
    (5) Lewisburg, Pennsylvania;
    (6) Lompoc, California;
    (7) Marion, Illinois; and
    (8) Terre Haute, Indiana.
    B. The Bureau of Prisons institutions at the following locations 
are designated as Federal Correctional Institutions:
    (1) Allenwood, Pennsylvania (Low Security);
    (2) Allenwood, Pennsylvania (Medium Security);
    (3) Ashland, Kentucky;
    (4) Bastrop, Texas;
    (5) Big Spring, Texas;
    (6) Butner, North Carolina;
    (7) Cumberland, Maryland;
    (8) Danbury, Connecticut;
    (9) Dublin, California;
    (10) El Reno, Oklahoma;
    (11) Englewood, Colorado;
    (12) Estill, South Carolina;
    (13) Fairton, New Jersey;
    (14) Florence, Colorado;
    (15) Fort Dix, New Jersey;
    (16) Greenville, Illinois;
    (17) Jessup, Georgia;
    (18) La Tuna, Texas;
    (19) Lompoc, California;
    (20) Loretto, Pennsylvania;
    (21) Manchester, Kentucky;
    (22) Marianna, Florida;
    (23) McKean, Pennsylvania;
    (24) Memphis, Tennessee;
    (25) Milan, Michigan;
    (26) Morgantown, West Virginia;
    (27) Oakdale, Louisiana (formerly Oakdale I);
    (28) Otisville, New York;
    (29) Oxford, Wisconsin;
    (30) Pekin, Illinois;
    (31) Petersburg, Virginia;
    (32) Phoenix, Arizona;
    (33) Ray Brook, New York;
    (34) Safford, Arizona;
    (35) Sandstone, Minnesota;
    (36) Schuylkill, Pennsylvania;
    (37) Seagoville, Texas;
    (38) Sheridan, Oregon;
    (39) Talladega, Alabama;
    (40) Tallahassee, Florida;
    (41) Terminal Island, California;
    (42) Texarkana, Texas;
    (43) Three Rivers, Texas; and
    (44) Tucson, Arizona.
    C. The Bureau of Prisons institutions at the following locations 
are designated as Federal Prison Camps:
    (1) Alderson, West Virginia;
    (2) Allenwood, Pennsylvania;
    (3) Boron, California;
    (4) Bryan, Texas;
    (5) Duluth, Minnesota;
    (6) Eglin, Florida;
    (7) El Paso, Texas;
    (8) Montgomery, Alabama;
    (9) Millington, Tennessee;
    (10) Nellis, Nevada;
    (11) Pensacola, Florida;
    (12) Seymour-Johnson, North Carolina; and
    (13) Yankton, South Dakota.
    D. The Bureau of Prisons institutions at the following locations 
house inmates who are primarily pre-trial detainees and are designated 
as:

Federal Detention Center

    (1) Oakdale, Louisiana (formerly Oakdale II).

Metropolitan Correctional Centers

    (1) Chicago, Illinois;
    (2) Miami, Florida;
    (3) New York, New York; and
    (4) San Diego, California.

Metropolitan Detention Centers

    (1) Brooklyn, New York;
    (2) Guaynabo, Puerto Rico; and
    (3) Los Angeles, California.
    E. The Bureau of Prisons institution at Springfield, Missouri is 
designated as the U. S. Medical Center for Federal Prisoners.
    F. The Bureau of Prisons institutions at the following locations 
are designated as Federal Medical Centers:
    (1) Carswell, Texas;
    (2) Fort Worth, Texas;
    (3) Lexington, Kentucky; and
    (4) Rochester, Minnesota.
    G. The Bureau of Prisons institution at Oklahoma City, Oklahoma is 
designated as the Federal Transportation Center.
Wade B. Houk,
Acting Director, Federal Bureau of Prisons.
[FR Doc. 94-16694 Filed 7-8-94; 8:45 am]
BILLING CODE 4410-05-P