[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Pages 17666-17670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9333]



[[Page 17665]]

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Part II





Department of Housing and Urban Development





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NOFA Mainstream Housing Opportunities for Persons With Disabilities 
(Mainstream Program), Fiscal Year 1997; Notice

  Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / 
Notices  

[[Page 17666]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4224-N-01]


NOFA for Mainstream Housing Opportunities for Persons With 
Disabilities (Mainstream Program), Fiscal Year 1997

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

ACTION: Notice of funding availability (NOFA) for FY 1997.

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SUMMARY: This notice announces the availability in FY 1997 of up to 
$48.5 million in five-year budget authority for Section 8 rental 
vouchers and certificates for persons with disabilities. This funding 
will support approximately 2,000 rental vouchers or certificates. 
Housing agencies (HAs), including Indian Housing Authorities, are 
invited to respond to this NOFA.
    The purpose of the Mainstream Program is to provide rental vouchers 
or certificates to enable persons with disabilities to rent affordable 
private housing.

DATES: The application deadline for the Mainstream Program NOFA is June 
9, 1997, 3:00 p.m., local HUD Office time.
    The above-stated application deadline is firm as to date and hour. 
In the interest of fairness to all competing HAs, HUD will treat as 
ineligible for consideration any application that is not received 
before the application deadline. The $48.5 million in funding available 
under this NOFA will be used to approve HA applications. HUD will fund 
by lottery if it receives approvable applications for more funds than 
are available under this NOFA.
    Applicants should submit their materials as early as possible to 
avoid any risk of loss of eligibility because of unanticipated delays 
or other delivery-related problems. HUD will not accept, at any time 
during the NOFA competition, application materials sent by facsimile 
(FAX) transmission.

ADDRESSES: The local HUD State or Area Office, Attention: Director, 
Office of Public Housing, is the official place of receipt for all 
applications, except applications from Indian Housing Authorities 
(IHAs). HUD's local Office of Native American Programs, Attention: 
Administrator, Office of Native American Programs, is the place of 
official receipt for IHA applications. For ease of reference, the term 
``HUD Office'' will be used throughout this NOFA to mean the HUD State 
Office, and HUD Area Office, and HUD's local Office of Native American 
Programs. If a particular type of HUD Office needs to be identified, 
e.g., HUD's local Office of Native American Programs, the appropriate 
office will be used.

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations 
Division, Office of Rental Assistance, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone number (202) 708-0477 (this is not a toll-free number). For 
hearing-and speech-impaired persons, this number may be accessed by TTY 
(text telephone) by calling the Federal Information Relay Service at 1-
800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The Section 8 information collection requirements contained in this 
NOFA have been approved by the Office of Management and Budget in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0169. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid 
control number.

Promoting Comprehensive Approaches to Housing and Community 
Development

    HUD wants to promote comprehensive, coordinated approaches to 
housing and community development. Economic development, community 
development, public housing revitalization, homeownership, assisted 
housing for special needs populations, supportive services, and 
welfare-to-work initiatives can work better if linked at the local 
level. Toward this end, the Department in recent years has developed 
the Consolidated Planning process designed to help communities 
undertake such approaches.
    In this spirit, it may be helpful for applicants under this NOFA to 
be aware of other related HUD NOFAs that have recently been published 
or are expected to be published in this fiscal year. By reviewing these 
NOFAs with respect to their program purposes and the eligibility of 
applicants and activities, applicants may be able to relate the 
activities proposed for funding under this NOFA to the recent and 
upcoming NOFAs and to the community's Consolidated Plan.
    Elsewhere in today's Federal Register, the Department has published 
a related NOFA concerning Rental Assistance for Persons with 
Disabilities in Support of Designated Housing Allocation Plans. On 
April 8, 1997, the Department published in the Federal Register the 
NOFA for Continuum of Care Assistance. Other related NOFAs the 
Department expects to publish in the Federal Register within the next 
few weeks include: the Family Unification NOFA, the Housing 
Opportunities for Persons with Aids NOFA, the Supportive Housing for 
the Elderly NOFA, and the Supportive Housing for Persons with 
Disabilities NOFA.
    To foster comprehensive, coordinated approaches by communities, the 
Department intends for the remainder of FY 1997 to continue to alert 
applicants of HUD's NOFA activity. In addition, a complete schedule of 
NOFAs to be published during the fiscal year and those already 
published appears under the HUD Homepage on the Internet, which can be 
accessed at http://www.hud.gov.nofas.html. Additional steps to better 
coordinate HUD's NOFAs are being considered for FY 1998.
    For help in obtaining a copy of your community's Consolidated Plan, 
please contact the community development office of your municipal 
government.

Family Self-Sufficiency (FSS) Program Requirement

    Unless specifically exempted by HUD, all rental certificate funding 
reserved in FY 1997 (except funding for renewals or amendments) will be 
used to establish or contribute to the minimum size of an HA's FSS 
program.

A. Purpose and Substantive Description of Mainstream Program

(1) Authority
    Legislative authority for the $48.5 million in five-year budget 
authority available under this NOFA (general use rental assistance for 
persons with disabilities) is found in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997 (Pub. L. No. 104-204, 110 Stat. 2874, at 2882, 
approved September 26, 1996) which states that the Secretary may 
designate up to 25 percent of the amounts earmarked for Section 811 of 
the National Affordable Housing Act of 1990 (42 U.S.C. 8013) for 
tenant-based assistance, as authorized under that section.
(2) Background
    The Secretary has established a Mainstream Housing Opportunities 
for Persons with Disabilities Program (Mainstream Program) to provide 
rental voucher or certificates to enable persons with disabilities to 
rent affordable private housing of their choice.

[[Page 17667]]

    The Mainstream Program will assist HAs in providing Section 8 
rental vouchers and certificates to a segment of the population 
recognized by HUD's housing research as having one of the worst case 
housing needs of any group in the United States; i.e., very low-income 
households with adults with disabilities. In addition, the Mainstream 
Program will assist persons with disabilities who often face 
difficulties in locating suitable and accessible housing on the private 
market.
    (a) Application Funding. HUD will award funding for rental vouchers 
or certificates under the Mainstream Program to HAs that submit an 
application for rental assistance for persons with disabilities, and 
that currently administer a Section 8 rental voucher or certificate 
program. HUD will make available approximately 2,000 Section 8 rental 
vouchers and certificates for HAs to increase the supply of mainstream 
housing opportunities available to persons with disabilities. HUD will 
select HA applications for funding by lottery in the event approvable 
applications are received for more funding than is available under this 
NOFA.
    (b) Limit on Rental Assistance Requested. An eligible HA may apply 
for up to 100 rental vouchers or certificates.
(3) Guidelines
(a) Definitions
    Disabled Family. A family whose head, spouse or sole member is a 
person with disabilities. The term ``disabled family'' may include two 
or more persons with disabilities living together, and one or more 
persons with disabilities living with one or more live-in aides. A 
disabled family may include a person with disabilities who is elderly.
    Person with disabilities. A person who--
    (a) Has a disability as defined in section 223 of the Social 
Security Act (42 U.S.C. 423), or
    (b) Is determined to have a physical, mental or emotional 
impairment that:
    (i) Is expected to be of long-continued and indefinite duration;
    (ii) Substantially impedes his or her ability to live 
independently; and
    (iii) Is of such a nature that such ability could be improved by 
more suitable housing conditions, or
    (c) Has a developmental disability as defined in section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6001(5)).
    The term ``person with disabilities'' does not exclude persons who 
have the disease of acquired immunodeficiency syndrome (AIDS) or any 
conditions arising from the etiologic agent for acquired 
immunodeficiency syndrome (HIV).
    Section 8 search assistance. Assistance to increase access by 
program participants to housing units in a variety of neighborhoods 
(including areas with low poverty concentrations) and to locate and 
obtain units suited to their needs.
    (b) Eligible HAs. HAs that currently administer a Section 8 rental 
voucher or certificate program may apply for funding under this NOFA.
    Some housing agencies currently administering the Section 8 rental 
voucher and certificate programs have, at the time of publication of 
this NOFA, major program management findings that are open and 
unresolved or other significant program compliance problems (e.g., HA 
has not implemented mandatory FSS Program). HUD will not accept 
applications for additional funding from these HAs as contract 
administrators if, on the application deadline date, the findings are 
not closed to HUD's satisfaction. If the HA wants to apply for funding 
under this NOFA, the HA must submit an application that designates 
another housing agency, nonprofit agency, or contractor, that is 
acceptable to HUD. The HA's application must include an agreement by 
the other housing agency, nonprofit agency, or contractor to administer 
the new funding increment on behalf of the HA, and a statement that 
outlines the steps the HA is taking to resolve the program findings. 
Immediately after the publication of this NOFA, the Office of Public 
Housing in the local HUD Office will notify, in writing, those HAs that 
are not eligible to apply without such an agreement. The HA may appeal 
the decision, if HUD has mistakenly classified the HA as having 
outstanding management or compliance problems. Any appeal must be 
accompanied by conclusive evidence of HUD's error and must be received 
prior to the application deadline. HUD will reject applications 
submitted by these HAs without an agreement from another housing 
agency, nonprofit agency, or contractor, approved by HUD, to administer 
the new funding increment on behalf of the HA.
(c) Eligible Participants
    Only a disabled family may receive a rental voucher or certificate 
awarded under the mainstream program. Applicants with disabilities will 
be selected from the HA's Section 8 waiting list.
(d) Rental Voucher and Certificate Assistance
    (i) Section 8 regulations. HAs must administer the Mainstream 
Program in accordance with HUD regulations and requirements governing 
the Section 8 rental voucher and certificate programs.
    (ii) Section 8 admissions requirements. Section 8 assistance must 
be provided to eligible applicants in conformity with regulations and 
requirements governing the Section 8 program and the HA's 
administrative plan.
    If there is ever an insufficient pool of disabled families on the 
HA Section 8 waiting list, an HA shall conduct outreach to encourage 
eligible persons to apply for this special allocation of rental 
vouchers and certificates. Outreach may include contacting independent 
living centers, advocacy organizations for persons with disabilities, 
and medical, mental health, and social service providers for referrals 
of persons receiving such services who would benefit from Section 8 
assistance. If the HA's Section 8 waiting list is closed, and if the HA 
has insufficient applicants on its Section 8 waiting list to use all 
awarded rental vouchers and certificates under this NOFA, the HA shall 
open the waiting list to disabled families.
    (iii) Turnover. When a rental voucher or certificate under this 
NOFA becomes available for reissue (e.g., the family initially selected 
for the program drops out of the program or is unsuccessful in the 
search for a unit), the rental assistance may be used only for another 
individual or family eligible for assistance under this NOFA for five 
years from the date the rental assistance is placed under an annual 
contributions contract (ACC).
(e) HA Responsibilities
    In addition to HA responsibilities under the Section 8 rental 
voucher and certificate programs and HUD regulations concerning 
nondiscrimination based on disability (24 CFR 8.28) and to 
affirmatively further fair housing, HAs that receive rental voucher or 
certificate funding shall:
    (i) Where requested by an individual, assist program participants 
to gain access to supportive services available within the community 
but not require eligible applicants or participants to accept 
supportive services as a condition of participation or continued 
occupancy in the program.
    (ii) Identify public and private funding sources to assist 
participants in covering the costs of modifications that

[[Page 17668]]

need to be made to their units as a reasonable accommodation for their 
disabilities.
    (iii) Not deny persons who qualify for rental assistance under this 
program other housing opportunities, or otherwise restrict access to HA 
programs to eligible applicants who choose not to participate.
    (iv) Provide Section 8 search assistance.

B. Mainstream Program Allocation Amounts

    This NOFA announces the availability of up to $48.5 million 
(approximately) of five-year budget authority that will support about 
2,000 rental vouchers or certificates for rental assistance for 
disabled families.

C. Application Submission Requirements

(1) Form HUD-52515
    All HAs must complete and submit form HUD-52515, Funding 
Application, for the Section 8 rental certificate program (dated 
January 1996). This form was recently revised to include all necessary 
certifications for Fair Housing, Drug Free Workplace and Lobbying 
Activities; therefore, HAs can complete and sign the new form HUD-52515 
to provide these required certifications. An application must include 
the information in Section C, Average Monthly Adjusted Income, of form 
HUD-52515 in order for HUD to calculate the amount of Section 8 budget 
authority necessary to fund the requested number of units. Copies of 
form HUD-52515 may be obtained from the local HUD Office or may be 
downloaded from the HUD Home Page site on the Internet's world wide web 
(http://www.hud.gov).
    A regional (multicounty) or State HA may submit a separate 
application for a specific county or municipality for which it 
administers a HUD-approved residency preference in addition to its 
rental voucher or certificate program. If the regional or State HA has 
no such specific county or municipality for which it wants to apply 
separately for rental assistance under this NOFA, the HA may only 
submit a single application.
(2) Local Government Comments
    Section 213 of the Housing and Community Development Act of 1974 
(42 U.S.C. 1439) 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 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 needs to 
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. Because HUD cannot 
approve an application until the 30-day comment period is closed, the 
Section 213 letter needs to 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 unit of 
general local government.
(3) Letter of Intent and Narrative
    All the items in this Section must be included in the application 
submitted to the HUD Office. The HA must state in its cover letter to 
the application whether it will accept a reduction in the number of 
rental vouchers or certificates, and the minimum number of rental 
vouchers or certificates it will accept, since the funding is limited 
and HUD may only have enough funds to approve a smaller amount than the 
number of rental vouchers or certificates requested. The maximum number 
of rental vouchers or certificates that an HA may apply for under this 
NOFA is limited to 100, or such smaller number that the HA can lease 
within one year. A regional or State HA may not apply for more than 100 
rental vouchers or certificates for each of the specific communities in 
which it administers a residency preference. If the regional or State 
HA has no such specific communities for which it wishes to apply for 
rental assistance, the HA shall be limited to one application for up to 
a maximum of 100 rental vouchers or certificates.
(4) Description of Need for Mainstream Program Rental Assistance
    The application must demonstrate a need for Mainstream Program 
rental vouchers or certificates by providing information documenting 
that the demand for housing for persons with disabilities would equal 
or exceed the requested number of rental vouchers or certificates (not 
to exceed a maximum of 100). The HA must assess and document the 
housing need for persons with disabilities using a range of sources 
including, but not limited to: census data, information from the HA's 
waiting list (both public housing and Section 8), statistics on recent 
public housing admissions and rental certificate and voucher use, data 
from local advocacy groups and local public and private service 
agencies familiar with the housing needs of persons with disabilities, 
and pertinent information from the Consolidated Plan applicable to the 
HA's jurisdiction. (See 24 CFR 91.205(d).)
(5) Mainstream Program Operating Plan
    The application must include a description of an adequate plan for 
operating a program to serve eligible persons with disabilities, 
including:
    (a) A description of how the HA will carry out its responsibilities 
under 24 CFR 8.28 to assist recipients in locating units with needed 
accessibility features; and
    (b) A description of how the HA will identify private or public 
funding sources to help participants cover the costs of modifications 
that need to be made to their units as reasonable accommodations to 
their disabilities.

D. Corrections to Deficient Mainstream Program Applications

(1) Acceptable Applications
    To be eligible for processing, an application must be received by 
the appropriate HUD Office no later than the date and time specified in 
this NOFA. The HUD 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 the HUD notification 
letter to submit the missing or corrected information to the HUD Office 
before the application can be considered for further processing by HUD. 
Curable technical deficiencies relate only to items that do not improve 
the substantive quality of the application.
    All HAs must submit corrections within 14 calendar days from the 
date of the HUD letter notifying the applicant of any such deficiency. 
Information received after 3 p.m. local time (i.e., the time in the 
appropriate HUD Office), of the 14th calendar day of the correction 
period will not be accepted and the application will be rejected as 
incomplete.
(2) Unacceptable Applications
    (a) After the 14-calendar day technical deficiency correction 
period, the HUD

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Office will disapprove HA applications that it determines are not 
acceptable for processing. The HUD Office notification of rejection 
letter must state the basis for the decision.
    (b) Applications that fall into any of the following categories 
will not be processed:
    (i) There is a pending civil rights suit against the HA instituted 
by the Department of Justice or there is a pending administrative 
action for civil rights violations instituted by HUD (including a 
charge of discrimination under the Fair Housing Act).
    (ii) 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.
    (iii) 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 noncompliance.
    (iv) 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).
    (v) The HA has serious unaddressed, outstanding Inspector General 
audit findings, Fair Housing and Equal Opportunity monitoring and 
compliance review findings, or HUD management review findings for its 
rental voucher or rental certificate programs. HA has serious 
underutilization of rental vouchers or certificates not attributable to 
the three month statutory delay for the reissuance of rental vouchers 
and certificates. The only exception to this category is if the HA has 
been identified under the policy established in section A.(3)(b) of 
this NOFA and the HA makes application with a designated contract 
administrator.
    (vi) The HA is involved in litigation and HUD determines that the 
litigation may seriously impede the ability of the HA to administer the 
rental vouchers or certificates.
    (vii) An HA application that does not comply with the requirements 
of 24 CFR 982.102 and this NOFA after the expiration of the 14-calendar 
day technical deficiency correction period will be rejected from 
processing.
    (viii) An HA application submitted after the deadline date.

E. Mainstream Program Application Selection Process

    After the HUD Office has screened HA applications and disapproved 
any applications found unacceptable for further processing, the HUD 
Office will review all acceptable applications to ensure that they are 
technically adequate and responsive to the requirements of the NOFA. 
Each HUD Office will send to HUD Headquarters the following information 
on each application that is found technically adequate and responsive:
    (a) Name and address of the HA;
    (b) HUD Office contact person and telephone number;
    (c) The completed fund reservation worksheet, indicating the number 
of Section 8 rental vouchers or certificates requested in the HA 
application and approved by the HUD Office during the course of its 
review, and the corresponding budget authority.
    Headquarters will fund all applications from HAs that are 
recommended for funding by the HUD Offices, unless HUD receives 
approvable applications for more funds than are available. If HUD 
receives approvable applications for more funds than are available, HUD 
will select applicants to be funded by lottery. All HAs identified by 
the HUD Offices as having submitted technically adequate and responsive 
applications will be included in the lottery. As HAs are selected, the 
cost of funding the applications will be subtracted from the funds 
available. In order to achieve geographic diversity, HUD Headquarters 
will limit the number of applications selected for funding from any 
state to 10 percent of the budget authority available for the general 
use Mainstream Program. However, if establishing this geographic limit 
would result in unreserved budget authority, HUD may modify this limit 
to assure that all available funds are used.
    Applications will be funded for the total number of units requested 
by the HA and approved by the HUD Office (not to exceed 100 units) in 
accordance with the NOFA. However, when remaining budget authority is 
insufficient to fund the last selected HA application in full, HUD 
Headquarters will fund that application to the extent of the funding 
available, unless the HA's application indicates it will only accept a 
higher number of units. In that event, the next selected application 
shall be one which has indicated a willingness to accept the lesser 
amount of funding for units available.

F. Other Matters

Catalog of Federal Domestic Assistance
    The Federal Domestic Assistance numbers for this program are: 
14.855 and 14.857.
Environmental Impact
    This NOFA provides funding under, and does not alter environmental 
requirements of, 24 CFR part 982. This NOFA provides funding only for 
tenant-based assistance, which is a categorical exclusion not subject 
to the individual environmental compliance requirements cited in 24 CFR 
50.4. The regulations referred to above, therefore, do not contain 
environmental review requirements. Accordingly, under 24 CFR 50.19 
(c)(5) this NOFA is categorically excluded from environmental review 
requirements under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321).
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.
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.
Accountability in the Provision of HUD Assistance
    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24 
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain 
a number of

[[Page 17670]]

provisions that are designed to ensure greater accountability and 
integrity in the provision of certain types of assistance administered 
by HUD. On January 14, 1992, HUD published, at 57 FR 1942, a notice 
that also provides information on the implementation of section 102. 
The documentation, public access, and disclosure requirements of 
section 102 are applicable to assistance awarded under this NOFA as 
follows:
    a. Documentation and public access requirements. HUD will ensure 
that documentation and other information regarding each application 
submitted pursuant to this NOFA are sufficient to indicate the basis 
upon which assistance was provided or denied. This material, including 
any letters of support, will be made available for public inspection 
for a 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 Federal Register 
notice of all recipients of HUD assistance awarded on a competitive 
basis.
    b. Disclosures. HUD will make available to the public for five 
years all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also Form 2880) will be made 
available along with the applicant disclosure reports, but in no case 
for a period less than three years. All reports--both applicant 
disclosures and updates--will be made available in accordance with the 
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 
regulations at 24 CFR part 15.
Section 103 HUD Reform Act
    Section 103 of the Department of Housing and Urban Development 
Reform Act of 1989, and HUD's implementing regulation codified at 
subpart B of 24 CFR part 4, applies to the funding competition 
announced today. These requirements continue to apply until the 
announcement of the selection of successful applicants. HUD employees 
involved in the review of applications and in the making of funding 
decisions are limited by section 103 from providing advance information 
to any person (other than an authorized employee of HUD) concerning 
funding decisions, or from otherwise giving any applicant an unfair 
competitive advantage. Persons who apply for assistance in this 
competition should confine their inquiries to the subject areas 
permitted under section 103 and subpart B of 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions, 
such as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Field Office 
Counsel, or Headquarters counsel for the program to which the question 
pertains.
Prohibition Against Lobbying Activities
    Applicants for funding under this NOFA are subject to the 
provisions of Section 319 of the Department of Interior and Related 
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. Section 1352 
(the Byrd Amendment) and to the provisions of the Lobbying Disclosure 
Act of 1995, Public Law 104-65 (December 19, 1995).
    The Byrd Amendment, which is implemented in regulations at 24 CFR 
Part 87, prohibits applicants for Federal contracts and grants from 
using appropriated funds to attempt to influence Federal Executive or 
legislative officers or employees in connection with obtaining such 
assistance, or with its extension, continuation, renewal, amendment or 
modification. The Byrd Amendment applies to the funds that are the 
subject of this NOFA. Therefore, applicants must file a certification 
stating that they have not made and will not make any prohibited 
payments and, if any payments or agreement to make payments of 
nonappropriated funds for these purposes have been made, a form SF-LLL 
disclosing such payments must be submitted. The certification and the 
SF-LLL are included in the application package.
    The Lobbying Disclosure Act of 1995, Public Law 104-65 (December 
19, 1995), which repealed Section 112 of the HUD Reform Act and 
resulted in the elimination of the regulations at 24 CFR Part 86, 
requires all persons and entities who lobby covered Executive or 
Legislative Branch officials to register with the Secretary of the 
Senate and the Clerk of the House of Representatives and file reports 
concerning their lobbying activities.

    Dated: April 7, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-9333 Filed 4-9-97; 8:45 am]
BILLING CODE 4210-33-P