[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21167]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Assistant Secretary for Public and Indian Housing



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Family Self-Sufficiency (FSS) Program Coordinators for the Section 8 
Rental Certificate and Rental Voucher Programs; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3805; FR-3736-N-01]

 

Notice of Funding Availability (NOFA) for Family Self-Sufficiency 
(FSS) Program Coordinators for the Section 8 Rental Certificate and 
Rental Voucher Programs

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of Funding Availability for Fiscal Year (FY) 1994.

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SUMMARY: This NOFA announces the availability of up to $8.4 million for 
administrative fees for Section 8 Family Self-Sufficiency (FSS) program 
coordinators. Public housing agencies and Indian housing authorities 
(hereinafter referred to as HAs) that administer Section 8 rental 
certificate and rental voucher programs of less than 600 total units, 
and that received FY 1992 FSS incentive award funding or FY 1993 and 
later rental voucher or certificate funding (other than renewal 
funding) and as a result are required to administer an FSS program of 
at least 25 FSS slots, may apply for funds under this NOFA, to employ 
or otherwise retain the services of up to one FSS program coordinator 
for a period of one year. HAs with fewer than 600 total units and with 
FSS programs of fewer than 25 slots also may apply, if they apply 
jointly with one or more other eligible HAs so that between or among 
the HAs they administer FSS programs of at least 25 FSS slots. A part-
time FSS program coordinator may be retained where appropriate. The 
NOFA contains information concerning the deadline for filing 
applications; eligibility of applicants; available amounts; selection 
criteria; and the application and selection process.
    This Notice also rescinds all HUD approvals of exceptions to 
implementing an FSS program of the mandatory minimum size that have 
been granted to eligible applicants as defined in this NOFA for the 
sole reason that there was a lack of funds for reasonable 
administrative costs, since funding for an FSS program coordinator is 
now available under this NOFA.

DATES: Applications are due on October 13, 1994, by 3:00 p.m. local 
time in the local HUD State or Area Office. This application deadline 
is firm as to date and hour.

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

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been submitted to the Office of Management and Budget for review 
under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501-3520). No person may be subjected to a penalty for failure to 
comply with these information collection requirements until they have 
been approved and assigned an OMB control number. The OMB control 
number, when assigned, will be announced in the Federal Register.

I. Purpose and Substantive Description

    (a) Authority.
    The FY 1994 HUD Appropriations Act (Pub. L. 103-124 approved 
October 28, 1993) makes available $8.4 million for administrative fees 
under section 23(h) of the U.S. Housing Act of 1937 for Section 8 FSS 
program coordinators. Section 23(h) establishes a fee for the costs 
incurred in administering the Section 8 FSS program and requires the 
Secretary to revise the fee upon submission by the General Accounting 
Office (GAO) of a report determining the additional costs to HAs under 
FSS programs. In April 1992, the GAO issued its report; however, the 
report indicated that it was premature to make a recommendation for 
changes in the fee. As a result, the Department determined to make a 
sufficient fee available under this NOFA, to enable the smallest HAs 
(i.e., those with rental voucher and certificate programs of fewer than 
600 total units) with required FSS programs of at least 25 slots, to 
hire up to one FSS program coordinator for one year at a reasonable 
cost, as determined by the HA and HUD, based on salaries for similar 
positions in the locality.
    The Department's FY 1995 budget seeks additional funding to 
continue FSS program coordinator funding for HAs receiving funding 
under this NOFA, as well as for additional HAs not eligible to apply 
for funding under this NOFA.
    (b) Allocation Amounts.
    An eligible HA may apply for a maximum of $40,000 to support up to 
one FSS program coordinator for one year. HUD may fund applications at 
less than the requested amount, based on the HUD State or Area Office 
application review.
    (c) Eligibility. (1) Eligible activity. Funds are available under 
this NOFA to employ or otherwise retain the services of up to one FSS 
program coordinator for one year. A part-time FSS program coordinator 
may be retained where appropriate. Under the FSS program, HAs are 
required to use Section 8 rental assistance together with public and 
private resources to provide supportive services to enable 
participating families to achieve economic independence and self-
sufficiency. Effective delivery of supportive services is a critical 
element in a successful program.
    (i) Program Coordinator Role. HAs administering the FSS program use 
program coordinating committees (PCCs) to assist them secure resources 
for and implement the FSS program. The program coordinating committee 
is made up of representatives of local government, job training and 
employment agencies, local welfare agencies, educational institutions, 
child care providers, nonprofit service providers, and businesses.
    An FSS program coordinator works with the PCC, and with local 
service providers, to assure that program participants are linked to 
the supportive services they need to achieve self-sufficiency. The FSS 
program coordinator may ensure, through case management, that the 
services included in participants' contracts of participation are 
provided on a regular, ongoing and satisfactory basis, and that 
participants are fulfilling their responsibilities under the contracts.
    (ii) Staffing Guidelines. Under normal circumstances, a full-time 
FSS program coordinator should be able to serve approximately 50 FSS 
participants, depending on the coordinator's case management functions.
    (2) Eligible applicants. All HAs that currently administer a rental 
voucher and certificate program of fewer than 600 total units and that 
received FY 1992 FSS incentive award funding, or FY 1993 and later 
rental voucher or certificate funding (other than renewal funding), and 
as a result are required to administer an FSS program of at least 25 
FSS slots are eligible to apply. HAs with fewer than 600 total units 
and with FSS programs of fewer than 25 slots may also apply, if they 
apply jointly with one or more other eligible HAs so that between or 
among the HAs they administer at least 25 FSS slots. If eligible 
applicants apply jointly, their combined total program size may exceed 
600 total units, but the $40,000 maximum amount that may be applied for 
still pertains. Joint applicants must specify a lead coapplicant, which 
will receive and administer the FSS program coordinator funding.
    HUD has limited eligibility under this NOFA to HAs with fewer than 
600 total Section 8 units, because the $8.4 million appropriated for 
FSS program coordinators is insufficient to fund all HAs administering 
FSS programs. HUD determined that HAs administering large Section 8 
programs are more likely than smaller HAs to have access to other 
resources for FSS program administration.
    HUD is also requiring that applicants under this NOFA administer 
FSS programs of at least 25 FSS slots (based on FY 1992 FSS incentive 
award funding or FY 1993 and later rental voucher and certificate 
funding (other than renewal funding)) to ensure that the limited 
program coordinator funds are used in a cost-effective manner. The 
Department expects that FSS programs of fewer than 25 FSS slots can be 
managed within HA resources.
    (3) Eligible applicants that have received HUD approval of 
exceptions to implementing FSS programs of the mandatory minimum size. 
If HUD has approved either a full or partial exception to implementing 
an FSS program of the mandatory minimum size for an eligible applicant, 
solely because of a lack of funds for reasonable administrative costs, 
the approval of the exception is hereby automatically rescinded, since 
funding for an FSS program coordinator is now available under this 
NOFA.
    (d) Selection Process.
    The funds available under this NOFA are not being awarded on a 
competitive basis. The Department anticipates that there may be 
sufficient funds available under the NOFA to fund all applications that 
meet the NOFA requirements. Applications will be reviewed by the HUD 
State or Area Office to determine whether or not they are technically 
adequate based on the NOFA requirements (e.g., salary comparability 
with similar positions is adequately demonstrated).
    Upon completion of the HUD State or Area Office review, a list of 
all technically adequate applications, each applicant's total program 
size, and the amount approved for each applicant will be forwarded by 
the HUD State or Area Office to the Rental Assistance Division in HUD 
Headquarters, which will then allocate the available funding among 
approvable applications. All technically adequate applications will be 
funded to the extent funds are available. If HUD receives applications 
for funding greater than the amount made available under this NOFA, HUD 
will fund applications from the smallest HAs first (i.e., those HAs 
with the smallest combined rental voucher and certificate programs 
based on total units) and will not fund applications from the larger HA 
applicants.

II. Application Procedure

    HUD will not accept applications via facsimile (fax) transmission. 
In the interest of fairness to all competing applicants, HUD will treat 
as ineligible for consideration any application that is not received on 
or before 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.

III. Checklist of Application Submission Requirements

    Each application for funding under this NOFA must contain the 
following items:
    (a) Request for FSS Program Coordinator Funds.
    All applications must contain the following information stated in a 
letter from the Executive Director of the HA to the Director of the 
Public Housing Division in the local HUD State or Area Office or to the 
Administrator of the Native American Programs Office (see sample letter 
format, Attachment 1):
    (1) The total number of currently enrolled FSS families.
    (2) The total number of required FSS slots (based on FY 1992 
incentive award funding and FY 1993 and later rental voucher and 
certificate funding).
    (3) The annual salary proposed for the FSS program coordinator, 
plus any fringe benefits. The service coordinator salary should be set 
as follows:
    (i) Determine the salary level, taking into consideration salaries 
for comparable jobs, modified by the hours worked.
    (ii) Set the annual salary, including any fringe benefits that 
pertain to the job.
    (4) Evidence that demonstrates salary comparability with similar 
positions in the local jurisdiction.
    (5) Whether the HA will contract out for a service coordinator, if 
known at the time of application.
    (6) Joint applicants must indicate which HA will be the lead 
applicant and will receive and administer the FSS program coordinator 
funding.
    (b) Required Certification Forms.
    The following certification forms are required to be submitted with 
the application and are attached to this NOFA:
    (1) Certification Regarding Drug-Free Workplace Requirements 
(Attachment 2); and
    (2) Certifications regarding Fair Housing and Equal Opportunity 
(Attachment 3).
    (i) The HUD review criteria shall include an analysis of any 
evidence that challenges the validity of the civil rights 
certification. Such evidence includes:
    (A) A pending civil rights suit against the applicant HA, referred 
by the Department's General Counsel and instituted by the Department of 
Justice;
    (B) Outstanding HUD findings of noncompliance with civil rights 
statutes, regulations and executive orders, as a result of formal 
administrative proceedings, unless the HA is implementing a HUD-
approved tenant selection and assignment plan and a voluntary 
compliance agreement designed to correct the areas of noncompliance;
    (C) A deferral of the processing of applications from the HA 
imposed by HUD 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);
    (D) A pending proceeding against the HA based upon a Charge of 
Discrimination issued under the Fair Housing Act. A Charge of 
Discrimination is a Charge under Section 810(g)(2) of the Fair Housing 
Act, issued by the Department's General Counsel or legally authorized 
designee.
    (E) There is an adjudication of a civil rights violation in a civil 
action brought against it by a private individual; unless the HA 
demonstrates that it is operating in compliance with a court order 
designed to correct the area(s) of noncompliance.
    (ii) In the event that the validity of a civil rights certification 
is drawn into question the application is eligible to be funded, but 
the HA may not draw down funds until it has satisfied any outstanding 
civil rights issues.

IV. Corrections to Deficient Applications:

    The HUD State or Area Office will screen all applications and 
notify applicants of technical deficiencies by letter. Since the funds 
available under this NOFA are not being awarded on a competitive basis, 
a technical deficiency would be a significant discrepancy in 
information supplied by the applicant and information available to HUD, 
or the omission or the incomplete submission of any of the items 
required to be submitted in the application. These are listed in 
section III. of this NOFA, Checklist of Application Submission 
Requirements, above.
    Applicants must submit corrections within 14 calendar days from the 
date of HUD's letter notifying the applicant of any technical 
deficiency. Information received after 3:00 p.m., local time, on the 
fourteenth calendar day of the correction period will not be accepted 
and the application will be rejected as being incomplete.

V. Other Matters

    (a) Environmental Impact
    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR Part 50, 
which implements section 102(2)(C) of the National Environmental Policy 
Act of 1969. The Finding of No Significant Impact 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, DC 20410.

(b) Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the 
provisions of this NOFA do not have ``federalism implications'' within 
the meaning of the Order. The NOFA makes funds available for HAs to 
employ or otherwise retain the services of up to one FSS program 
coordinator for one year. As such, there are no direct implications on 
the relationship between the national government and the states or on 
the distribution of power and responsibilities among various levels of 
government.
    (c) Executive Order 12606, The Family.
    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that the policies announced in 
this Notice would not have a significant impact on the formation, 
maintenance, and general well-being of families except indirectly to 
the extent of the social and other benefits expected from this program 
of assistance.
    (d) Documentation and Public Access Requirements: HUD Reform Act.
    HUD will include recipients that receive assistance pursuant to 
this NOFA in its quarterly Federal Register notice of recipients of all 
HUD assistance awarded on a competitive basis. (See 24 CFR 12.16(b), 
and the notice published on January 16, 1992 (57 FR 1942), for further 
information on these requirements.)
    (e) Prohibition Against Lobbying Activities.
    The use of funds awarded under this NOFA is subject to the 
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 a 
specific contract, grant, or loan. Indian Housing Authorities (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.
    (f) Prohibition Against Lobbying of HUD Personnel.
    Section 13 of the Department of Housing and Urban Development Act 
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) as 24 CFR part 86. 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.

    Dated: August 15, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.

Attachment 1

Request for FSS Program Coordinator Funds Sample Letter Format

    Dear Director, Public Housing Division (or Administrator, Native 
American Programs Office):
    This is to request approval to hire a Family Self-Sufficiency 
(FSS) program coordinator for one year, for the X housing agency 
(HA) FSS program.
    1. Total Number of Currently Enrolled FSS Families: ________.
    2. Total Number of Required FSS Program Slots (based on units 
approved under FY 1992 incentive award funding and under FY 1993 and 
later rental voucher and certificate program funding): ________.
    3. Service Coordinator Salary:
    a. Salary level, based on salaries for comparable jobs (modified 
by number of hours worked) ________.
    b. Annual Salary plus Fringe Benefits:

    ______ Hours/Week; ________ $/Hour; ________ Fringe Rate (%); 
Annual Salary ________.
    4. The HA will contract out for a service coordinator:

    ____ Yes ____ No ____ Unknown

    5. Attachment: Evidence demonstrating salary comparability with 
similar positions in the local jurisdiction.
    If there are any questions, please contact __________ at 
__________.
Sincerely,
Executive Director
Attachment(s)

Attachment 2

Certification Regarding Drug-Free Workplace Requirements (From 24 
CFR, Appendix C)

Instructions for Certification

    1. By signing and/or submitting this application or grant 
agreement, the grantee is providing the certification set out below.
    2. The certification set out below is a material representation 
of fact upon which reliance was placed when the agency determined to 
award the grant. If it is later determined that the grantee 
knowingly rendered a false certification, or otherwise violates the 
requirements of the Drug-Free Workplace Act, the agency, in addition 
to any other remedies available to the Federal Government, may take 
action authorized under the Drug-Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.

Alternate I

    A. The grantee certifies that it will provide a drug-free 
workplace by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (b) Establishing a drug-free awareness program to inform 
employees about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (4) The penalties that may be imposed upon employees for drug 
abuse violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in 
the performance of the grant be given a copy of the statement 
required by paragraph (a);
    (d) Notifying the employee in the statement required by 
paragraph (a) that, as a condition of employment under the grant, 
the employee will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer of any criminal drug statute conviction 
for a violation occurring in the workplace no later than five days 
after such conviction;
    (e) Notifying the agency within ten days after receiving notice 
under subparagraph (d)(2) from an employee or otherwise receiving 
actual notice of such conviction;
    (f) Taking one of the following actions, within 30 days of 
receiving notice under subparagraph (d)(2), with respect to any 
employee who is so convicted--
    (1) Taking appropriate personnel action against such an 
employee, up to and including termination; or
    (2) Requiring such employee to participate satisfactorily in a 
drug abuse assistance or rehabilitation program approved for such 
purposes by a Federal, State, or local health, law enforcement, or 
other appropriate agency;
    (g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c), 
(d), (e) and (f).
    B. The grantee shall insert in the space provided below the 
site(s) for the performance of work done in connection with the 
specific grant:
    Place of Performance (Street address, city, county, state, zip 
code)

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Signed by: (Name, Title & Signature of Authorized HA Official)

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(Name & Title)

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(Signature & Date)

Alternate II

    The grantee certifies that, as a condition of the grant, he or 
she will not engage in the unlawful manufacture, distribution, 
dispensing, possession or use of a controlled substance in 
conducting any activity with the grant.
Signed by: (Name, Title & Signature of Authorized HA Official)

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(Name & Title)
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(Signature & Date)

Attachment 3

Fair Housing and Equal Opportunity Certifications

    The housing agency (HA) certifies that, in administering the 
activities of Family Self-Sufficiency program coordinators:
    (1) The HA will comply with Title VI of the Civil Rights Act of 
1964 and related HUD regulations (24 CFR Part 1), which state that 
no person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program or activity for which the applicant receives financial 
assistance; and will take any measures necessary to effectuate this 
agreement.
    (2) The HA will comply with the Fair Housing Act and related HUD 
regulations (24 CFR Part 100), which prohibit discrimination in 
housing on the basis of race, color, religion, sex, handicap, 
familial status, or national origin, and administer its programs and 
activities relating to housing in a manner to affirmatively further 
fair housing.
    (3) The HA will comply with Section 504 of the Rehabilitation 
Act of 1973 and related HUD regulations (24 CFR Part 8), which state 
that no otherwise qualified individual with handicaps in the United 
States shall, solely by reason of the handicap, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any program or activity receiving Federal 
financial assistance.
    (4) The HA will comply with the provisions of the Age 
Discrimination Act of 1975 and related HUD regulations (24 CFR Part 
146), which state that no person in the United States shall on the 
basis of age be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under a program or 
activity receiving Federal financial assistance.
    (5) The HA will comply with the provisions of Title II of the 
Americans with Disabilities Act and related Department of Justice 
regulations (28 CFR Part 35) which state that subject to the 
provisions of Title II, no qualified individual with a disability 
shall, by reason of such disability, be excluded from participation 
in or be denied the benefits of services, programs or activities of 
a public entity, or be subjected to discrimination by any such 
entity.

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Name of HA

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Signature and Title of HA Representative

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Date

[FR Doc. 94-21167 Filed 8-26-94; 8:45 am]
BILLING CODE 4210-33-P