[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27534-27538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12714]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary
[Docket No. N-95-1409; FR-2383-N-06]


Notice of Submission of Proposed Information Collection to OMB

AGENCY: Office of the Secretary.

ACTION: Notice.

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SUMMARY: The information collection requirement described below has 
been submitted to the Office of Management and Budget (OMB) for 
expedited review, as required by the Paperwork Reduction Act. The 
Department is soliciting public comments on the subject requirements.

ADDRESSES: Interested persons are invited to submit comments regarding 
[[Page 27535]] this proposal. Comments must be received within ten (10) 
working days from the date of this Notice. Comments should refer to the 
proposal by name and should be sent to: Joseph F. Lackey, Jr., OMB Desk 
Officer, Office of Management and Budget, New Executive Office 
Building, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and 
Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone 
No. (202) 708-0050. This is not a toll-free number. Copies of the 
proposed forms and other available documents submitted to OMB may be 
obtained from Ms. Weaver.

SUPPLEMENTARY INFORMATION: This Notice informs the public that the 
Department of Housing and Urban Development has submitted to OMB, for 
expedited processing, an information collection package with respect to 
Restrictions on Assistance to Noncitizens final rule, published on 
March 20, 1995.
    The March 20, 1995 final rule implements Section 214 of the Housing 
and Community Development Act of 1980. This statute prohibits the 
Department from making financial assistance available to persons other 
than United States citizens, nationals, or certain categories of 
eligible noncitizens in certain HUD programs.
    The Department has submitted the information collection package, as 
described below, to OMB for review, as required by the Paperwork 
Reduction Act (44 U.S.C. Chapter 35):
    (1) The title of the information collection proposal;
    (2) the office of the agency to collect the information;
    (3) the description of the need for the information and its use;
    (4) the agency form number, if applicable;
    (5) what members of the public will be affected by the information 
collection requirements;
    (6) how frequently information submission will be required;
    (7) an estimate of the total number of hours needed to prepare the 
information submission including numbers of respondents, frequency of 
response, and hours of response;
    (8) whether the requirements reflect a new or an extension, 
reinstatement, or revision of an information collection requirement; 
and
    (9) the names and telephone numbers of an agency official familiar 
with the proposal and of the OMB Desk Officer for the Department.

    Authority: Section 3507 of the Paperwork Reduction Act, 44 
U.S.C. 3507; Section 7(d) of the Department of Housing and Urban 
Development Act, 42 U.S.C. 3535(d).

    Dated: May 8, 1995.
Nelson A. Diaz,
General Counsel.
Notice of Submission of Proposed Information Collection to OMB

    Proposal: Restrictions on Assistance to Noncitizens (FR-2383).
    Office: Secretary.
    Discription of the Need For The Information and Its Proposed Use: 
This rule implements Section 214 of the Housing and Community 
Development Act of 1980, as amended. Section 214 prohibits HUD from 
making housing assistance under certain covered programs available to 
persons who are not U.S. citizens, nationals, or eligible noncitizens 
under the categories specified in the statute.
    Form Number: None.
    Respondents: Individuals or Households, Business or Other For-
Profit, and State, Local, or Tribal Government.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                             No. of             Frequency of          hours per          Burden 
                                          respondents     x       response      x     response     =     hours  
----------------------------------------------------------------------------------------------------------------
Information collection................       3,030,547                varies             varies         405,458 
----------------------------------------------------------------------------------------------------------------

    Total Estimated Burden Hours: 405,458.
    Status: New.
    Contract: Bruce Vincent (PIH), HUD, (202) 708-0744; Linda Flister 
(Housing), HUD, (202) 708-2300; Joseph F. Lackey, Jr., OMB, (202) 395-
7316.

    Dated: May 8, 1995.

Supporting Statement for FR-2383--Restrictions and Assistance to 
Noncitizens

A. Justification

    1. This request for OMB approval seeks clearance for information 
collections related to the implementation of Section 214 of the 
Housing and Community Development Act of 1980, as amended (42 U.S.C. 
1436a), that prohibits the Secretary of HUD from making financial 
assistance available for the benefit of any person, who is not a 
U.S. citizen, national, or who is not a noncitizen of legal 
immigration status under one of the six categories of legal 
immigrant status specified in the statute. (Attachment #1 is a copy 
of Section 214.)
    Implementation of Section 214 through Issuance of Regulations. 
The March 20, 1995, final rule implements Section 214 by adding 
certain regulatory provisions to the HUD existing regulations, 
listed below. (Attachment #2 is a copy of the March 20, 1995 final 
rule.)
     24 CFR part 200, 215 (the Rent Supplement Program);
     24 CFR part 200, 235 (Section 235 Program--Sec. 235 of 
the National Housing Act);
     24 CFR part 200, 236 (Section 236 Program--Sec. 236 of 
the National Housing Act);
     24 CFR part 812 (Section 8 Housing Assistance Payments 
Program);
     24 CFR part 950 (Indian Housing Program) [Note: HUD's 
Indian Housing program was moved from part 905 to 950];
     24 CFR part 912 (Public Housing Program);
     Applicable conforming amendments (for purposes of 
cross-referencing the Section 214 requirements contained in the 
above listed parts) were made to several other parts: 247, 850, 880, 
881, 882, 883, 883, 886, 887, 900, 904 and 960.
    The Information Collection Requirements in the March 20, 1995 
final rule. The majority of the information collection requirements 
contained in the March 20, 1995 final rule flow directly from the 
statute. The statute specifies a declaration shall be submitted by 
each individual family member, and that alien registration 
documentation must be submitted for those individuals that indicate 
legal immigration status. Additionally, the statute provides for 
certain procedures such as an INS appeal process, a hearing process 
provided by the owner or housing authority that necessitate 
appropriate notices to the individual advising of the availability 
of processes. The statute also provides for certain actions to occur 
if immigration status is not confirmed (i.e., denial or termination 
of assistance) which also, for due process considerations, 
necessitate certain notices to provide fair notice of the 
possibility of these occurrences.
    2. The following provides information on the frequency of the 
submission of information collection requirements.
     Notice to applicants and tenants of requirements of 
Section 214. The rule provides that notification of the requirements 
of Section 214 must be given to each applicant at the time of 
application for assistance, and to each tenant at the time of, and 
together with, any notice of regular reexamination of tenant income, 
but not later than one year following the effective date of the 
final rule.
     The notice is intended to facilitate the implementation 
of Section 214 and to ensure that applicants are not passed over for 
admission because they did not have sufficient knowledge of this new 
admission procedure and sufficient time to obtain 
[[Page 27536]] evidence of their eligible immigration status, when 
applicable.
     For applicants whose applications are pending, the 
final rule provides that notification must be given as soon as 
possible, but leaves precise timing to the discretion of the housing 
authority or project owner.
     Again, for existing tenants, the rule provides that 
notice be given when the housing authority or project owner gives 
notice of its up-coming reexamination of income. Generally, housing 
authorities and project owners provide notice to tenants that a 
reexamination is about to occur.
     Accordingly, no new times are established for 
notification of the requirements of Section 214 that are different 
from those periods when the housing authority or project owner would 
otherwise provide notice to the applicant or tenant or certain 
important information. (See Secs. 200.183(f)(1), 812.6(f)(1), 
912.6(f)(1) and 950.310(g)(1).)
     The information that needs to be included in the notice 
is described in the regulation. (See Secs. 200.183(f)(2), 
812.6(f)(2), 912.6(f)(2), and 950.310(g)(2).) However, no specific 
form is required, but model notices will be provided.
     Declaration of citizenship or eligible immigration 
status. Section 214(d)(1)(A) requires that applicants and tenants 
for HUD housing assistance programs covered by Section 214 must 
submit a declaration signed under penalty of perjury, in which 
individual indicates that he or she is a citizen or noncitizen with 
eligible immigration status. (See Secs. 200.183(c), 812.6(c), 
912.6(c), and 950.310(e)(3).)
     Every member of an applicant or tenant family must 
submit this document. An adult member of the family must execute 
this form on behalf of any children.
     The declaration need only be executed and submitted one 
time.
     No specific form of declaration is prescribed, but 
model language will be made available. The declaration may be 
incorporated as part of the application for housing assistance. (See 
Secs. 200.183(c)(2), 812.6(c)(2), 912.6(c)(2), and 950.310(e)(3).)
     No declaration necessary if individual is not a citizen 
or does not of eligible immigration status. The March 20, 1995 final 
rule provides if one or more members of a family elect not to 
contend that they have eligible immigration status if other members 
of the family establish their citizenship or eligible immigration 
status. (see Secs. 200.183(e), 812.6(e), 912.6(e), and 950.310(f).
     Section 214(c)(1)(A) provides that for existing tenants 
``continued assistance'' is available if the head of the household 
or spouse is a U.S. citizen, national, or has eligible immigration 
status (as specified in Section 214). The regulatory provision 
permitting individuals to elect not to declare in certain situations 
should reduce the information collection requirements and processing 
requirements.
     Verification consent form. Section 214(d)(3) requires 
that those individuals who declare eligible immigration status, must 
have their status verified with the INS. Accordingly, so that these 
individuals will know that verification will be undertaken, the rule 
provides for a verification consent form to be signed by each 
noncitizen who declares eligible immigration status. (See 
Secs. 200.183(d), 812.6(d), 912.6(d), 950.310(e)(4).) The consent 
form puts the family member on notice that his immigration status 
will be confirmed with INS.
    Only members of a family who declares eligible immigration 
status must execute the verification consent form.
    No specific form is prescribed, but model language will be made 
available.
     Proof of age. Section 214(d)(2)(A) provides that for 
noncitizens who are 62 years of age or older and receiving 
assistance under a Section 214 covered program on June 19, 1995 [the 
effective date of the final rule], in addition to a declaration the 
62-year or older noncitizen may submit proof of age in lieu of 
submission of documents that evidence immigration status. (See 
Secs. 200.813(b)(92)(ii), 812.6(b)(2)(ii), 912.6(b)(2)(ii), and 
950.310(e)(2)(ii)(B).)
    Only members of families who are existing tenants and who 
declare eligible immigration status and are 62 years of age or older 
must submit proof of age.
    Types of documents that constitute proof of age are not 
prescribed in the rule. Since there is no prescribed list of 
acceptable documentation, it is anticipated that this burden should 
be minimal, and less burdensome for elderly persons than submission 
of immigration documents.
     Evidence of immigration status. Section 214 (d)(2)(A) 
requires that persons who declare that they are noncitizens with 
eligible immigration status must submit acceptable evidence of 
eligible immigration status. In accordance with INS requirements, 
the rule specifies which documents constitute acceptable evidence of 
immigration status. (See Secs. 200.184, 812.7, 912.7, 950.310 
(k)(2).
    Only individuals who declare eligible immigration status (and 
are not existing tenants who are 62 years of age or older) must 
submit evidence of immigration status.
    Evidence of immigration status need only be submitted one time, 
unless the individual's status changes, and the individual wants the 
housing authority's or project owner's record to reflect the changed 
immigration status.
    The applicant or tenant noncitizen must submit the original 
documents, but they will be photocopied and returned by the project 
owner or housing authority. Note these are documents that already 
should be in the possession of the individual, and therefore there 
should be minimal burden associated with this requirement.
    One-time submission of immigration documents. For each family 
member, evidence of immigration status is required to be submitted 
only one time during continuously assisted occupancy under any 
covered program.
     Notice extending time to submit documentation, or 
denying extended time to submit documentation. Section 214(d)(4)(A) 
requires that individuals must be given a reasonable opportunity to 
submit documentation if they submit the declaration required by 
Section 214. The rule provides consistent with Section 214 that 
project owners and housing authorities grant a reasonable extension. 
The period is to be determined by the project owner or housing 
authority, and must be definite in time (i.e., cannot be for an 
indefinite period). To avoid any difference of opinion concerning if 
in fact an extension was granted, the extension must be in writing. 
(See Secs. 200.183(h), 812.6(h), 912.6(h) and 950.310(i).)
    No specific form of notice is prescribed.
     Primary verification through SAVE system. The housing 
authority and project owner must verify with INS the immigration 
status of the applicant or tenant who declares eligible immigration 
status. This is done through means of an automated system that 
provides access to alien names, file an admission numbers (generally 
through a computer or touch tone telephone). Immigration status will 
be verified at the time of application for applicants, and at the 
time of the first annual reexamination for existing tenants. The 
time involved in making the primary verification is anticipated to 
be minimal.
     Secondary verification through manual search. If the 
primary verification fails to confirm eligible immigration status, 
then the housing authority or project owner requests the INS to 
conduct a manual search.
     Notice when secondary verification fails to confirm 
immigration status. If secondary verification (the manual search 
that follows the automated primary verification which fails to 
confirm immigration status) fails to confirm immigration status, the 
housing authority or project owner must issue a notice to the family 
advising that immigration status was not confirmed by INS records. 
(See Secs. 200.185(c)(3), 812.8(c)(3), 912.8(c)(3), and 
950.310(1)(3)(iii).)
    No specific form or notice is prescribed.
    Note that the notice required under these regulatory sections is 
the same as that required under the provisions described in the 
following paragraph 8 in the supporting statement.
     Notice of denial or termination of assistance. If the 
family fails to produce the immigration documents within a 
reasonable period, including any extension thereof, or if the 
immigration status is not concerned, the housing authority and 
project owner must issue a notice to the family that puts them on 
notice of the possibility of denial or termination of assistance, 
and advises them of their rights and responsibilities. (See 
Secs. 200.186(d), 812.9(d), 912.9(d) and 950.310(m)(4).)
    The information to be included in the notice is set forth in the 
rule, but no specific form of notice is prescribed.
     Temporary deferral of termination of assistance--
notification requirements connected with deferral of termination of 
assistance. Section 214(c)(1)(B) provides that a housing authority 
or project owner may defer termination of financial assistance if 
necessary to permit the orderly transition of the family (that is 
determined ineligible under Section 214 for HUD financial 
assistance) to other affordable housing. The deferral may be up to a 
period for three years, and is available in increments of six month 
[[Page 27537]] periods. Section 214(c)(1)(B) requires that ``at the 
beginning of each deferral period,'' the housing authority or 
project owner shall inform the family of their ineligibility for 
financial assistance and offer assistance in finding other 
affordable housing.
    The notification required by Section 214(c)(1)(B) and the ways 
in which assistance may be offered (also required by Section 
214(c)(1)(B) reflected in the rule (see Secs. 200.187(c), 812.10(d), 
912.10(d), and 950.310(r)(3).)
     Proration of assistance. For mixed families, the final 
rule provides for housing authorities and project owners to prorate 
assistance, that is determine rental subsidy on the basis of the 
number of family members that are eligible for assistance. The 
formula for determining proration is set forth in the statute. (See 
Secs. 200.188, 812.11, 912.11 and 950.310(s).)

Paperwork Matrix contained in August 25, 1994 Proposed Rule

    The following duplicates the paperwork matrix that was contained 
in the published August 25,1994 proposed rule.

                            Tabulation of Annual Reporting Burden Noncitizens Rule--Restriction on Assistance to Noncitizens                            
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                                                                               No. of                                                                   
    Description of information                                    No. of     responses      Total                                                       
            collection             Section of 24 CFR affected  respondents      per         annual       Hours per responses           Total hours      
                                                                             respondent   responses                                                     
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Notification to tenants and        905.310(g) 912.6..........        3,300          700    2,310,000  .01.....................  23,100                  
 applicants in Public & Indian                                                                                                                          
 Housing.                                                                                                                                               
Denials, terminations,             905.310(m)(4), (r) 912.9,         3,300           19       62,700  .10 (6 minutes).........  6,270                   
 extensions, deferrals.             912.10.                                                                                                             
Notification and verification,     812.6, 812.9, 912.10......    2,470,777            1    2,470,777  .05 (3 minutes).........  123,539                 
 denial, termination in section 8.                                                                                                                      
Notification and verification,     200.183, 200.186 200.187,       412,315            1      412,315  .05.....................  20,616                  
 denial, termination in FHA         235.13.                                                                                                             
 subsidized.                                                                                                                                            
Extensions.......................  812.6(h), 200.183(h)......      144,155            1      144,155  .16.....................  23,065 (10 min.)        
Recordkeeping--Public and Indian   905.310(q), 912.9(h)......        3,300          761    2,511,300  .01.....................  25,113                  
 Housing.                                                                                                                                               
Recordkeeping in section 8.......  812.9(h)..................    2,470,777            1    2,470,777  .05.....................  125,539                 
Recordkeeping in FHA subsidized..  200.186(h) 235.13.........      412,315            1      412,315  .05.....................  20,616                  
                                  ----------------------------------------------------------------------------------------------------------------------
    Total Annual Burden..........  ..........................  ...........  ...........  ...........  ........................  405,458                 
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    3. Information Technology. INS's Systematic Alien Verification 
Entitlement (SAVE) is an automatic system that should reduce the 
verification burden on responsible entities. This system can be 
operated by a touch-tone telephone or computer. This technology 
allows the housing authority or project owner to confirm the 
immigration status of an individual without the necessity for 
substantial paperwork.
    4. Minimizing Duplication. While HUD has attempted to reduce the 
frequency of verifying immigration status (see the response to #2 
above) by requiring only a one-time verification and by providing 
that verification of immigration status should occur when all other 
verifications occur, unfortunately, no other documents or system 
currently exist that will verify immigration status other than as 
set forth in the rule. This is the first time that housing 
authorities and project owners are being asked to verify immigration 
status.
    5. No Significant Impact on a Substantial Number of Small 
Entities. As stated in both HUD's proposed rule (59 FR 43916) and 
final rule (60 FR 14823), HUD maintains that there is no significant 
impact on a substantial number of small entities.
    6. Consequences if Information Collection is Not Conducted. If 
the information is collected as required by the rule, the 
consequence will be that persons who are not here legally in the 
United States or who do not meet one of the six immigration 
categories specified in the status will receive scarce housing 
resources.
    7. Special Circumstances that Require Collection to be Made 
Inconsistent with 5 CFR 1320.6. None.
    8. Consultation with Persons Outside the Agency. No formal 
consultation was undertaken. INS provided HUD with copies of its 
SAVE manual that HUD followed in describing the SAVE verification 
systems in the rule. Through its proposed rule, HUD received 
comments from housing authorities and project owners on data 
collection, frequency of collection, etc. These comments were taken 
into consideration in the development of the final rule.
    9. Assurance of Confidentiality. INS's SAVE system carries its 
own protective measures. HUD's rule provides that individuals asked 
to submit evidence of immigration status shall be advised that this 
evidence will only be released to INS for purposes of establishing 
eligibility for financial assistance and not for any other purpose. 
(See Secs. 200.183(d)(3), 812.6(d)(3), 912.6(d)(3), 
950.310(e)(3)(iii).).
    10. Questions of a Sensitive Nature. The only information 
required of a sensitive nature is citizenship/immigration status. 
This information is required by statute. No other sensitive 
information is sought under this rule.
    11. Estimates of Annualized Costs to the Federal Government. The 
statute provides that HUD is to pay each public housing agency or 
other entity an amount equal to 100 percent of the costs incurred in 
implementing and operating an immigration verification system. At 
this point in time, before implementation, it is difficult to 
estimate the cost. Because HUD believes that the percentage of 
illegal aliens who have access to HUD housing assistance is minimal, 
and because of the technology involved (technology which can be 
operated through use of a touch tone telephone), the cost is not 
anticipated to be substantial. Any cost to respondent (housing 
authority or project manager) is assumed to be covered within the 
basic application, verification and reexamination processes of each 
of the programs covered by this rule.
    12. Provide Estimates of Burden Hours. Please see matrix that is 
provided in the response to number 2.
    13. Amendments to Existing Collections. Not applicable.
    14. Publication of Results. Not applicable.
    Summary. HUD believes that the administrative burden imposed by 
implementation of Section 214 will not be substantial. Although 
tracking of citizenship and noncitizenship status has not been 
undertaken to date, HUD believes that the number of noncitizens with 
ineligible immigration status residing in HUD public housing or 
assisted housing is low. HUD bases this belief on the fact that 
waiting for HUD housing assistance can take several years, the 
paperwork, to the completed to obtain HUD housing assistance is not 
insignificant, and citizenship and noncitizenship verification is 
already undertaken with other forms of Federal benefits (e.g., food 
stamps, Aid to families forms of Federal benefits (e.g., food 
stamps, Aid to Families with Dependent children), and frequently 
families for HUD housing assistance also will be recipients of other 
forms of benefits. [[Page 27538]] 
    HUD believes that the burden on housing authorities and project 
owners will not be onerous for the reason set forth above, and also 
because documentation of citizenship or noncitizenship status is 
similar to and can be undertaken at the same time as determination 
of income eligibility. Additionally the house authority and project 
owner is not required to assist the family in obtaining evidence or 
to determine the validity of the evidence submitted.
    For family members, the burden should be minimal because for 
citizens only a declaration is required. For noncitizens with 
eligible immigration status, such noncitizens should have with them 
their evidence of eligible immigration status.

[FR Doc. 95-12714 Filed 5-23-95; 8:45 am]
BILLING CODE 4210-32-M