[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Notices]
[Pages 11278-11283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5574]



[[Page 11277]]

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Part VIII





Department of Housing and Urban Development





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Notice of Funding Availability; Family Self-Sufficiency (FSS) Program 
Coordinators for the Section 8 Rental Certificate and Rental Voucher 
Programs Fiscal Year 1999; Notice

  Federal Register / Vol. 64, No. 44 / Monday, March 8, 1999 / 
Notices  

[[Page 11278]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4416-N-01]


Notice of Funding Availability; Family Self-Sufficiency (FSS) 
Program Coordinators for the Section 8 Rental Certificate and Rental 
Voucher Programs Fiscal Year 1999

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

ACTION: Notice of funding availability for fiscal year (FY) 1999 for 
Section 8 Family Self-Sufficiency Program coordinators.

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SUMMARY: Purpose of Program. The Section 8 FSS program is intended to 
promote the development of local strategies to coordinate the use of 
assistance under the Section 8 rental certificate and rental voucher 
programs with public and private resources to enable participating 
families to achieve economic independence and self-sufficiency. An FSS 
program coordinator assures that program participants are linked to the 
supportive services they need to achieve self-sufficiency.
    Available Funds. This NOFA announces the availability of 
approximately $32 million in Fiscal Year (FY) 1999 to fund Section 8 
Family Self-Sufficiency (FSS) program coordinators.
    Eligible Applicants. Public housing agencies (HAs) eligible to 
receive funding under this NOFA are only those that received funding 
under the FY 98 NOFA for Section 8 FSS Program Coordinators and those 
HAs authorized through their HUD-approved FSS Action Plan to administer 
Section 8 FSS programs of at least 25 FSS slots. Under this NOFA, both 
the voluntary Section 8 FSS slots and the mandatory Section 8 FSS slots 
reflected in the HA's HUD-approved FSS Action Plan are counted in 
determining the HA's Section 8 FSS program size. HAs with Section 8 FSS 
programs of fewer than 25 approved slots also may receive funding under 
this NOFA, if they are applying jointly with one or more other HAs, so 
that between or among the HAs they have HUD approval to administer at 
least 25 Section 8 FSS slots. There is no maximum Section 8 program 
size limit for HAs eligible to apply for funding under this NOFA.
    Indian Housing Authorities (IHAs) are not eligible for funding 
under this NOFA since the Native American Housing Assistance and Self 
Determination Act of 1996 does not allow HUD to enter into new Annual 
Contributions Contracts (ACCs) with IHAs after September 30, 1997.
    Application Deadline. The application deadline for the FSS Programs 
Coordinators is May 7, 1999, at the time described under section I of 
Additional Information of this NOFA.

ADDITIONAL INFORMATION:

I. Application Due Date, Application Kits, and Technical Assistance

    Application Due Date. The application deadline for the Section 8 
FSS Programs Coordinators is May 7, 1999, at the time described in 
section I. of this NOFA. The 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 by the application deadline. Applicants should take this 
practice into account and make early submission of their materials to 
avoid any risk of loss of eligibility brought about by unanticipated 
delays or other delivery-related problems. HUD will not accept, at any 
time during the NOFA competition, application materials sent via 
facsimile (FAX) transmission.
    Address for Submitting Applications. The original completed 
application should be submitted to the HA's local HUD Field Office HUB 
(Attention: HUB, Director of Public Housing) or local HUD Field Office 
Program Center (Attention: Program Center Coordinator). Throughout this 
NOFA, the Field Office HUBs and Program Centers will be referred to as 
the local HUD Field offices. Applicants should not submit any copies of 
their applications to HUD Headquarters.
    Mailed Applications. Applications will be considered timely filed 
if postmarked on or before 12 midnight on the application due date and 
received by the HA's local HUD Field Office on or within ten (10) days 
of the application due date.
    Applications Sent by Overnight/Express Mail Delivery. Applications 
sent by overnight delivery or express mail will be considered timely 
filed if received by the appropriate local HUD Field Office before or 
on the application due date, or upon submission of documentary evidence 
that they were placed in transit with the overnight delivery service by 
no later than the specified application due date.
    Hand Carried Applications. Applications must be delivered to the 
appropriate local HUD Field Office by 6:00 pm local time on the due 
date. Hand carried applications will be accepted during normal business 
hours before the application due date. On the application due date, 
business hours will be extended to 6:00 pm.
    For Application Kits, Further Information and Technical Assistance: 
There is no application kit for this NOFA. For answers to your 
questions, you may contact either the Public and Indian Housing 
Resource Center at 1-800-955-2232 or the HUB Director of Public Housing 
or the Program Center Coordinator in the local HUD Field Office. 
Hearing- or speech-impaired individuals may call HUD's TTY number 1-
800-877-8339 (the Federal Information Relay Service TTY). Information 
can be accessed via the Internet at http://www.hud.gov. Prior to the 
application deadline, staff at the numbers given above will be 
available to provide general guidance, but not guidance in actually 
preparing the application. Following selection, but prior to award, HUD 
staff will be available to assist in clarifying or confirming 
information that is a prerequisite to the offer of an award by HUD.

II. Amount Allocated

    For FY 1999, $32,001,504 is available for HA administrative fees 
for Section 8 FSS program coordinators. This amount is composed of 
$24.6 million from the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 1999 
(Pub. L. 105-276, approved October 21, 1998), $7,238,212 in FY 1998 
carryover authority from the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1998 (Pub. L. 105-65, approved October 27, 1997), and $163,292 
carryover authority from the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Act, 1997 (Pub. 
L. 104-204, approved September 26, 1996). Of the approximately $32 
million being made available in FY 1999, approximately $19 million will 
be provided to those HAs that received funds in response to the FY 98 
NOFA. This is the sixth fiscal year of funding for Section 8 FSS 
program coordinators.

HUD Corrections to Funding Provided Under the FY 98 NOFA

    HUD has determined that the funding reserved under the FY 98 
Section 8 FSS Program Coordinator NOFA for the Pulaski County 
(Arkansas) Housing Authority is an amount $5,173 lower than the HA 
should have received under the NOFA, and funding to the East St. Louis 
(Illinois) Housing Authority is $8,905 less than the HA should have 
received. HUD believes that this

[[Page 11279]]

underfunding should be corrected; therefore, prior to funding any 
applications under the FY 99 Section 8 FSS Program Coordinator NOFA, 
HUD will provide $5,173 to the Pulaski County Housing Authority and 
$8,905 to the East St. Louis Housing Authority to correct the 
underfunding. If prior to award of funding under the FY 99 Section 8 
FSS NOFA, HUD determines that any other HAs have also been underfunded 
in amounts awarded under the FY 98 FSS Program Coordinator NOFA, the 
Department will increase funding to the amount that the HA should have 
received under the FY 98 FSS NOFA with funding available under the FY 
99 FSS NOFA.

III. Program Description; Eligible Applicants; Eligible Activities

(A) Program Description

    In recent years, HUD provided funding for Section 8 FSS program 
coordinators to HAs with Section 8 programs of fewer than 1,000 units. 
The FY 1994 and FY 1995 funds were awarded to these HAs based on a 
request for funding, and all complete applications were funded. The FY 
1996 funds were awarded based on a competitive NOFA. In FY 1996, state 
and regional HAs that administered more than 1,000 rental vouchers and 
certificates, but fewer than 1,000 mandatory FSS slots, were also 
eligible to apply, and some received funding. In FY 1997, HUD allocated 
funds for Section 8 FSS program coordinators to allow HAs that were 
previously funded to continue to pay a Section 8 FSS coordinator. Since 
funding for Section 8 FSS program coordinators was limited, HUD did not 
accept applications from HAs that were not previously funded. In FY 
1998 HUD awarded funds to HAs that were funded for Section 8 FSS 
program coordinators in FY 1997 to continue to pay for an FSS 
coordinator for another year and was also able to fund additional 
eligible small HAs and state and regional HAs that did not receive 
Section 8 FSS program coordinator funding in the previous year.
    HUD determined to make a sufficient amount available under this 
NOFA to enable HAs, including state and regional HAs, with approval to 
administer Section 8 FSS programs of at least 25 slots, to hire up to 
one Section 8 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. HUD approval to administer a Section 8 FSS 
program of a certain size is obtained when HUD approves the HA's Action 
Plan. In its Action Plan the HA indicates the number of families it 
will serve in its Section 8 FSS program, through both mandatory and 
voluntary slots. There is no maximum Section 8 rental certificate/
voucher program size limit for HAs eligible to apply for funding under 
this NOFA. Each eligible HA is limited to an award of $46,350 under 
this NOFA, except that if HAs apply jointly, the maximum applies to the 
application as a whole, not to each HA.

(B) Eligible Applicants

    All HAs that received funding under the FY 98 NOFA for Section 8 
FSS program coordinators will be funded in FY 1999, except those HAs 
submitting applications that are ineligible under Section VII.(C) of 
this NOFA, provided the HA certifies on the required Attachment A 
certification of this NOFA, subject to HUD verification, that it has 
hired an FSS program coordinator with funding previously awarded for 
that purpose and has made progress in implementing the FSS program 
demonstrated by having completed activities in each of the categories 
in section 2 of the required Attachment A certification. The HAs funded 
in FY 98 will receive 103 percent of FY 98 funding (not to exceed 
$46,350) unless the HA submits a request for a higher or lower amount, 
subject to the $46,350 maximum. HUD will not provide FY 99 funding to 
any HA that received Section 8 FSS Program Coordinator funding in FY 98 
that does not comply with all of the above requirements.
    HAs, including state and regional HAs, that did not receive FSS 
coordinator funding in FY 98 are eligible to apply under this NOFA if 
the HA has a HUD-approved FSS Action Plan authorizing the HA to 
administer a Section 8 FSS program of at least 25 Section 8 FSS slots. 
HAs with HUD approval to administer Section 8 FSS programs of fewer 
than 25 slots may also apply if they apply jointly with one or more 
other HA so that between or among the HAs they have HUD approval to 
administer at least 25 Section 8 FSS slots. If HAs apply jointly, the 
$46,350 maximum amount that may be requested applies to the application 
as a whole, not to each HA separately. Joint applicants must specify a 
lead co-applicant which will receive and administer the FSS program 
coordinator funding.
    HUD is opening eligibility for funding under this NOFA to HAs with 
larger Section 8 rental certificate/voucher programs because it 
believes that this action will support welfare reform activities across 
the nation. The FSS program has been found to be a critical element in 
welfare reform efforts in many communities.
    HUD is requiring that applicants under this NOFA have HUD approval 
to administer Section 8 FSS programs of at least 25 FSS slots to ensure 
that the Section 8 FSS program coordinator funds are used in a cost-
effective manner. The Department expects that Section 8 FSS programs of 
less than 25 FSS slots can be managed within HA resources.

(C) Eligible Activities

    Funds are available under this NOFA to employ or otherwise retain 
the services of up to one Section 8 FSS program coordinator for one 
year. A part-time Section 8 FSS program coordinator may be retained 
where appropriate. Under the Section 8 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 FSS program.

IV. Program Requirements

(A) Program Coordinator Role

    HAs administering the FSS program use program coordinating 
committees (PCCs) to assist them to secure resources and implement the 
FSS program. The PCC 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.

(B) 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.

[[Page 11280]]

(C) Eligible Applicants With HUD-Approved Exceptions to Mandatory 
Minimum Program Size

    If HUD has approved either a full or partial exception to 
implementing a Section 8 FSS program of the mandatory minimum size for 
an eligible HA, solely because of lack of funds for reasonable 
administrative costs, the approval of the exception is hereby rescinded 
after funding for a Section 8 FSS program coordinator is awarded under 
this NOFA.

(D) Other Requirements

    (1) Compliance With Fair Housing and Civil Rights Laws. All 
applicants must comply with all fair housing and civil rights laws, 
statutes, regulations, and executive orders as enumerated in 24 CFR 
5.105(a). If an applicant: (a) has been charged with a systemic 
violation of the Fair Housing Act by the Secretary alleging ongoing 
discrimination; (b) is the defendant in a Fair Housing Act lawsuit 
filed by the Department of Justice alleging an ongoing pattern or 
practice of discrimination; or (c) has received a letter of 
noncompliance findings under Title VI of the Civil Rights Act of 1964, 
section 504 of the Rehabilitation Act of 1973, or section 109 of the 
Housing and Community Development Act of 1974, the applicant's 
application will not be evaluated under this NOFA if, prior to the 
application deadline, the charge, lawsuit, or letter of findings has 
not been resolved to the satisfaction of the Department. HUD's decision 
regarding whether a charge, lawsuit, or a letter of findings has been 
satisfactorily resolved will be based upon whether appropriate actions 
have been taken necessary to address allegations of ongoing 
discrimination in the policies or practices involved in the charge, 
lawsuit, or letter of findings.
    (2) Additional Nondiscrimination Requirements. Applicants must 
comply with the Americans with Disabilities Act, and Title IX of the 
Education Amendments Act of 1972. In addition to compliance with the 
civil rights requirements listed at 24 CFR section 5.105, each 
successful applicant must comply with the nondiscrimination in 
employment requirements of Title VII of the Civil Rights Act of 1964, 
U.S.C. sections 2000e et seq.; the Equal Pay Act, 29 U.S.C. section 
206(d); the Age Discrimination in Employment Act of 1967, 29 U.S.C. 
sections 621 et seq., and Titles I and V of the Americans with 
Disabilities Act, 42 U.S.C. sections 12101 et seq.
    (3) Affirmatively Furthering Fair Housing. Each successful 
applicant will have a duty to affirmatively further fair housing. After 
the application is approved, applicants will be required to identify 
the specific steps that they will take to (1) address the elimination 
of impediments to fair housing that were identified in the 
jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice; (2) 
remedy discrimination in housing; or (3) promote fair housing rights 
and fair housing choice. Further, applicants have a duty to carry out 
the specific activities cited in their responses in a manner which will 
affirmatively further fair housing.

V. Application 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 local 
HUD Field Office to determine whether or not they are technically 
adequate based on the NOFA requirements. Categories of applications 
that will not be funded are stated in section VII(C) of this NOFA.
    Upon completion of its review, each local HUD field office will 
prepare a listing of all technically adequate letters and 
certifications, which includes the total number of Section 8 rental 
certificates/rental vouchers administered by the HA, FSS program size 
reflected in the HA's HUD-approved Section 8 FSS Action Plan, and the 
amount of funding approved for each applicant. This listing will be 
forwarded to the Grants Management Center, 501 School Street, SW, Suite 
800, Washington, DC 20024, which will then allocate the available 
funding among approvable applications. Approvable applications 
identified by each HUD field office will be grouped into two 
categories: Category 1--Applications from HAs that received Section 8 
FSS program coordinator funding in FY '98. Category 2--Applications 
from HAs, including state and regional HAs, that did not receive 
Section 8 FSS program coordinator funding in FY '98).
    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 first fund all 
eligible Category 1 applications. If funding remains, HUD will then 
fund eligible applicants in Category 2 in size order starting from the 
smallest HAs first (i.e., those HAs with the smallest combined rental 
voucher and certificate programs first). If there are not sufficient 
monies to fund all Category 2 applications from HAs with the same 
combined Section 8 rental certificate voucher program size, funding 
will be provided based on the size of the HA's Section 8 FSS program, 
reflected in the HA's HUD-approved Section 8 FSS Action Plan, starting 
with the largest approved Section 8 FSS program.

VI. Application Submission Requirements

(A) Application Requirement for HAs That Received FY 98 FSS Program 
Coordinator Funding

    (1) Applications for Funding at 103 percent of FY 98 Funding. Each 
HA that received funding for a Section 8 FSS program coordinator under 
the FY 98 NOFA that wishes to receive funding under this NOFA at 103 
percent of the FY 98 funding subject to the $46,350 maximum, must 
complete a certification in the format shown as ``Attachment A'' of 
this NOFA and submit it to the appropriate local HUD field office by 
the due date. The completed Attachment A certification along with the 
Fair Housing Certification (Attachment C of this NOFA) and the 
Certification Regarding Lobbying (Attachment D of this NOFA) constitute 
the entire HA application for funding under this section.
    (2) Application for Funding Other than 103 Percent of their FY 98 
Funding Amount. Any HA that received Section 8 FSS Program Coordinator 
funding in FY 98 that wishes to receive funding for FY 99 at an amount 
either higher or lower than 103 percent of the FY 98 funding (subject 
to the $46,350 maximum) must submit the completed Attachment A 
certification, the Attachment C Fair Housing Certification, the 
Attachment D Certification Regarding Lobbying, and the Attachment B 
letter required under VI. (B) of this NOFA.

(B) Request for FSS Program Coordinator Funds by Eligible HAs That Were 
Not Funded in FY 98

    The applications of all HAs that did not receive funding under the 
FY 98 NOFA must contain the following information stated in a letter 
from the Executive Director of the HA to the HUB, Director of Public 
Housing, or the Program Center Coordinator in the local HUD field 
office (see sample letter format, Attachment B). That letter plus the 
Fair Housing and Equal Opportunity Certification which is Attachment C 
of this NOFA and the Certification Regarding Lobbying which is 
Attachment D of this NOFA constitute the entire HA application for 
funding

[[Page 11281]]

under this section. The HA ``Attachment B'' letter must state:
    (1) The total number of budgeted Section 8 rental certificates and 
rental vouchers from the most recent HUD-approved form HUD-52672, 
Supporting Data for Annual Contributions Estimates Section 8 Housing 
Assistance Payments Program.
    (2) The total number of families currently enrolled in the HA's 
Section 8 FSS program.
    (3) The total number of voluntary and mandatory Section 8 FSS slots 
reflected in the HUD-approved FSS Action Plan of the HA; OR, where HAs 
are applying jointly, the combined total HUD-approved Section 8 FSS 
program slots.
    (4) The annual salary proposed for the Section 8 FSS program 
coordinator, plus any fringe benefits. Do not include costs of 
training, transportation, clerical support, equipment, supplies, or 
other administrative costs or overhead. The program coordinator salary 
should be set as follows:
    (a) Determine the salary level, taking into consideration salaries 
for comparable jobs, modified by the hours worked.
    (b) Set the annual salary, including any fringe benefits that 
pertain to the job.
    (5) Evidence that demonstrates salary comparability with similar 
positions in the local jurisdiction.
    (6) Joint applicants must indicate which HA will be the lead 
applicant and will receive and administer the FSS program coordinator 
funding.

(C) Fair Housing Certification and Certification Regarding Lobbying

    All HAs applying for funding under this NOFA must submit the 
Certification Regarding Fair Housing and Equal Opportunity which is 
included as Attachment C of this NOFA and the Certification Regarding 
Lobbying which is Attachment D of this NOFA.

VII. Corrections to Deficient Applications

(A) Acceptable Applications

    To be eligible for processing, an application must be received by 
the appropriate local HUD field office no later than the date and time 
specified in this NOFA. The local HUD field office will initially 
screen all applications and notify HAs of technical deficiencies by 
letter.

(B) Correction of Deficient Applications

    After the application due date, HUD may not, consistent with 24 CFR 
part 4, subpart B, consider unsolicited information from an applicant. 
HUD may contact an applicant, however, to clarify an item in the 
application or to correct technical deficiencies. Applicants should 
note, however, that HUD may not seek clarification of items or 
responses that improve the substantive quality of the applicant's 
response to any eligibility or selection criterion. Examples of curable 
technical deficiencies include failure to submit the proper 
certifications or failure to submit an application containing an 
original signature by an authorized official. In each case, HUD will 
notify the applicant in writing by describing the clarification or 
technical deficiency. HUD will notify applicants by facsimile or by 
return receipt requested. Applicants must submit clarifications or 
corrections of technical deficiencies in accordance with the 
information provided by HUD within 14 calendar days of the date of 
receipt of the HUD notification. If the deficiency is not corrected 
within this time period, HUD will reject the application as incomplete.

(C) Unacceptable Applications

    (1) After the 14-calendar day technical deficiency correction 
period, the local HUD field office will disapprove HA applications that 
it determines are not acceptable for processing. The HUD notification 
of rejection letter must state the basis for the decision.
    (2) Applications from HAs that fall into any of the following 
categories are ineligible for funding under this NOFA and will not be 
processed:
    (a) An HA application submitted after the deadline date for this 
NOFA.
    (b) An application from an HA that is not an eligible HA under 
III.(B) of this NOFA or an application that does not comply with the 
requirements of VI.(A) or VI.(B) of this NOFA.
    (c) An application from an HA that does not meet the requirements 
of IV.D.(1) of this NOFA, Compliance with Fair Housing and Civil Rights 
Laws.
    (d) An application from an HA that has serious unaddressed, 
outstanding Inspector General audit findings, or HUD Office management 
review findings for one or more of the following programs: Rental 
Voucher, Rental Certificate or Moderate Rehabilitation .

VIII. Findings and Certifications

(A) Paperwork Reduction Act

    The Section 8 information collection requirements contained in this 
notice were submitted to the Office of Management and Budget for review 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520) and have been assigned OMB control number 2577-0198. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection displays 
a valid control number.

(B) Environmental Requirements

    In accordance with provisions of 24 CFR Part 50.19(c)(5)(ii), a 
finding of no significant impact is not required under this Notice. 
This NOFA provides funding under 24 CFR Part 984, which does not 
contain environmental review provisions because it concerns activities 
that are listed in 24 CFR 50.19(b) as categorically excluded from 
environmental review under the National Environmental Policy Act of 
1969 (42 CFR 4321) (``NEPA''). Accordingly, under 24 CFR 50.19(c)(5), 
this NOFA is categorically excluded from environmental review under 
NEPA. No environmental review is required in connection with the award 
of assistance under this NOFA, because the NOFA only provides funds for 
employing a coordinator that provides public and supportive services, 
which are categorically excluded under 24 CFR 50.19(b)(4) and (12).

(C) Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance number for the Section 8 
rental certificate program is 14.855. The number for the Section 8 
rental voucher program is 14.857.

(D) 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.

(E) Accountability in the Provision of HUD Assistance

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24 
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain 
a number of provisions that are designed to ensure greater 
accountability and integrity in the provision of certain types of

[[Page 11282]]

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:
    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 that 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.
    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 of 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.

(F) Section 103 HUD Reform Act

    HUD will comply with section 103 of the Department of Housing and 
Urban Development Reform Act of 1989 and HUD's implementing regulations 
in subpart B of 24 CFR part 4 with regard to the funding competition 
announced today. These requirements continue to apply until the 
announcement of the selection of successful applicants. HUD employees 
involved in the review of applications and in the making of funding 
decisions are limited by section 103 from providing advance information 
to any person (other than an authorized employee of HUD) concerning 
funding decisions, or from otherwise giving any applicant an unfair 
competitive advantage. Persons who apply for assistance in this 
competition should confine their inquiries to the subject areas 
permitted under section 103 and subpart B of 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions, 
such as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Field Office 
Counsel.

(G) Prohibition Against Lobbying Activities

    Applicants for funding under this NOFA are subject to the 
provisions of section 319 of the Department of Interior and Related 
Agencies Appropriation Act for Fiscal Year 1991 (31 U.S.C. 1352) (the 
Byrd Amendment) and to the provisions of the Lobbying Disclosure Act of 
1995 (Pub. L. 104-65; approved December 19, 1995).
    The Byrd Amendment, which is implemented in regulations at 24 CFR 
part 87, prohibits applicants for Federal contracts and grants from 
using appropriated funds to attempt to influence Federal executive or 
legislative officers or employees in connection with obtaining such 
assistance, or with its extension, continuation, renewal, amendment, or 
modification. The Byrd Amendment applies to the funds that are the 
subject of this NOFA. Therefore, applicants must file a certification 
stating that they have not made and will not make any prohibited 
payments and, if any payments or agreement to make payments of 
nonappropriated funds for these purposes have been made, a form SF-LLL 
disclosing such payments must be submitted. The certification and the 
SF-LLL are included as Attachment D of this NOFA.
    The Lobbying Disclosure Act of 1995 (Pub. L. 104-65; approved 
December 19, 1995), which repealed section 112 of the HUD Reform Act, 
requires all persons and entities who lobby covered executive or 
legislative branch officials to register with the Secretary of the 
Senate and the Clerk of the House of Representatives and file reports 
concerning their lobbying activities.

IX. Authority

    The Departments of Veterans Affairs and Housing and Urban 
Development and Independent Agencies Appropriations Act, 1999 (Pub. L. 
105-265, approved October 21, 1998) allows funding for program 
coordinators under the Section 8 FSS program. As a result, the 
Department determined to make a sufficient amount available under this 
NOFA, under Part 984, in accordance with section 984.302(b), to enable 
HAs to hire up to one Section 8 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.

    Dated: March 3, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.

Attachment A--Required Certification Format for HAs That Received 
FY 98 Section 8 FSS Program Coordinator Funding *

    Dear HUD Field Office HUB Director of Public Housing or Field 
Office Program Center Coordinator:
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    * Note: To qualify for funding under this NOFA, HAs that 
received Section 8 FSS Program Coordinator funding in FY 98 must 
have hired an FSS program coordinator with funding awarded under 
that NOFA and demonstrate activities in each of the categories in 
section 2.(a), 2.(b) and 2.(c) of this Attachment A certification.
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    In connection with the FY 99 NOFA for Section 8 FSS program 
coordinators, I hereby certify for the ________________ (enter name) 
HA that:
    (1) The HA has hired a Section 8 FSS program coordinator using 
HUD funds provided for that purpose on ________________ (enter the 
ACC effective date of FY 98 FSS program coordinator funding 
increment), and
    (2) The HA has (check all that apply):
    ________________ (a) Formed and convened an FSS program 
coordinating committee,
    ________________ (b) Obtained HUD approval of its Section 8 FSS 
action plan,
    ________________ (c) Executed contracts of participation with 
FSS participants.
    (3) The HA has ________________ (enter number) Section 8 
families currently enrolled in its Section 8 FSS program.

    Sincerely,

    Executive Director.

Attachment B--New Requests for Section 8 FSS Program Coordinator 
Funds Sample Letter Format

    Dear HUD Field Office HUB Director of Public Housing or Field 
Office Program Center Coordinator:
    This is to request funds to pay the salary of a Section 8 Family 
Self-Sufficiency (FSS) program coordinator for one year, for the 
________________ housing agency (HA) Section 8 FSS program.
    1. Total number of budgeted Section 8 rental certificates and 
rental vouchers from the most recent HUD-approved form HUD-52672, 
Supporting Data for Annual Contributions Estimates Section 8 Housing 
Assistance Payments Program: __________.
    2. Total number of families currently enrolled in the HA's 
Section 8 FSS program: __________.
    3. Total number of Section 8 FSS program slots based on the 
number of (both voluntary and mandatory) FSS slots identified in the 
HA's HUD-approved Action Plan OR, when HAs are applying jointly, the 
combined total of Section 8 FSS program slots in the HUD-approved 
Action Plans of the HAs __________.
    4. Section 8 FSS Program Coordinator Salary:

[[Page 11283]]

    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 ________________.----------------------------------------
    5. Attachment: Evidence demonstrating salary comparability to 
similar positions in the local jurisdiction.
    6. For joint applications: The lead applicant HA that will 
receive and administer the Section 8 FSS program coordinator funding 
is:__________.
    If there are any questions, please contact ________________ at 
________________.

    Sincerely,

Executive Director.

Attachment C--Fair Housing and Equal Opportunity Certifications

    The housing agency (HA) certifies that in administering the 
funding for the Section 8 Family Self-Sufficiency program 
coordinators it will comply with the requirements of the Fair 
Housing Act, Title VI of the Civil Rights Act of 1964, section 504 
of the Rehabilitation Act of 1973, and the Age Discrimination Act of 
1975, and will affirmatively further fair housing. CDBG recipients 
also must certify to compliance with section 109 of the Housing and 
Community Development Act.

Name of HA

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Signature and Title of HA Representative

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Date
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Attachment D--Certification Regarding Lobbying

    The undersigned certifies, to the best of his or her knowledge 
and belief, that:
    (1) No Federal appropriated funds have been paid or will be 
paid, by or on behalf of the undersigned, to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with the awarding 
of any Federal contract, the making of any Federal grant, the making 
of any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards 
at all tiers (including subcontracts, subgrants, and contracts under 
grants, loans and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon 
which reliance was placed when this transaction was made or entered 
into. Submission of this certification is a prerequisite for making 
or entering into this transaction imposed by section 1342, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $10,000 and not 
more than $100,000 for each such failure.

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Signature of HA Representative

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Name of HA

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Name of Signatory (Print or Type)

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Date signed

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[FR Doc. 99-5574 Filed 3-5-99; 8:45 am]
BILLING CODE 4210-33-P