[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Notices]
[Pages 11294-11299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5576]



[[Page 11293]]

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Part X





Department of Housing and Urban Development





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Rental Assistance for Non-Elderly Persons With Disabilities in Support 
of Designated Housing Plans (Fiscal Year 1999) Funding Availability; 
Notice

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

[[Page 11294]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4412-N-01]


Notice of Funding Availability Rental Assistance for Non-Elderly 
Persons with Disabilities in Support of Designated Housing Plans Fiscal 
Year 1999

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

ACTION: Notice of funding availability (NOFA).

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SUMMARY: Purpose of the Program. The purpose of the rental voucher 
funding being made available under this NOFA is to enable non-elderly 
families with disabilities to rent affordable private housing. The 
rental vouchers will assist public housing agencies (PHAs) in providing 
sufficient alternative resources to meet the housing needs of those 
non-elderly disabled families who would have been housed by the PHA if 
occupancy in a designated public housing project/building (or portion 
thereof) were not restricted to elderly households, and assist PHAs who 
wish to continue to designate their buildings as ``mixed elderly and 
disabled buildings'' but can demonstrate a need for alternative 
resources for non-elderly disabled families.
    Available Funds. Approximately $20 million in one-year budget 
authority for approximately 4,200 Section 8 rental vouchers.
    Eligible Applicants. Public housing agencies (PHAs). Indian Housing 
Authorities, Indian tribes and their tribally designated housing 
entities are not eligible.
    Application Deadline. June 30, 1999.
    Match. None.

Additional Information

    If you are interested in applying for funding under this program, 
please read the balance of this NOFA which will provide you with 
detailed information regarding the submission of an application, 
Section 8 program requirements, the application selection process to be 
used by HUD in selecting applications for funding, and other valuable 
information relative to a PHA's application submission and 
participation in the program covered by this NOFA.

Application Due Date and Application Submission

    Delivered Applications. The application deadline for delivered 
applications under this NOFA is June 30, 1999, 6:00 p.m. local HUD 
Field Office HUB or local HUD Field Office Program Center time, with a 
copy submitted concurrently to the Office of Public Housing, Special 
Application Center (SAC).
    This application deadline is firm as to date and hour. In the 
interest of fairness to all competing PHAs, HUD will not consider any 
application that is received after 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.
    Mailed Applications. Applications will be considered timely filed 
if postmarked before midnight on the application due date and received 
by the local HUD Field Office HUB or local HUD Field Office Program 
Center within ten (10) days of that date.
    Applications Sent By Overnight Delivery. Overnight delivery items 
will be considered timely filed if received before or on the 
application due date by the local HUD Field Office HUB or local HUD 
Field Office Program Center, 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.
    Official Place of Application Receipt. The original and a copy of 
the application should be submitted to the local HUD Field Office HUB, 
Attention: Director, Office of Public Housing, or to the local HUD 
Field Office Program Center, Attention: Program Center Coordinator. The 
local HUD Field Office is the official place of receipt for all 
applications in response to this NOFA. For ease of reference, the term 
``local HUD Field Office'' will be used throughout this NOFA to mean 
the local HUD Field Office HUB and local HUD Field Office Program 
Center.
    Two copies of the application must also be submitted concurrently 
to the Office of Public Housing, Special Applications Center, Room 
2401, 77 West Jackson Boulevard, Chicago, IL 60604, (tel. 312-886-
9754).

Application Kit, Further Information and Technical Assistance

    For Application Kit. An application kit is not available and is not 
necessary for submitting an application in response to this NOFA.
    For Further Information. For answers to your questions, you have 
two options. You may contact the Local HUD Field Office, or you may 
contact George C. Hendrickson, Housing Program Specialist, Room 4216, 
Office of Public and Assisted Housing Delivery, Department of Housing 
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; 
telephone (202) 708-1872, ext. 4064. (This is not a toll-free number.) 
Persons with hearing or speech impairments may access this number via 
TTY (text telephone) by calling the Federal Information Relay Service 
at 1-800-877-8339 (this is a toll-free number).
    For Technical Assistance. Prior to the application due date, George 
C. Hendrickson of HUD's Headquarters staff (at the address and 
telephone number indicated above) will be available to provide general 
guidance and technical assistance about this NOFA. Current law does not 
permit HUD staff to assist in 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.

I. Authority, Purpose, Amount Allocated, and Eligibility

    (A) Authority. Authority for the approximately $20 million in one-
year budget authority for Section 8 rental vouchers for non-elderly 
disabled families in support of designated housing plans to designate 
public housing for occupancy by elderly families only, disabled 
families only, or elderly families and disabled families only is found 
in the Departments of Veteran Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 
105-276, approved October 21, 1998), hereinafter referred to as the 
1999 Appropriations Act. The 1999 Appropriations Act also allows the 
Secretary to transfer any unobligated funds for this purpose to assist 
non-elderly disabled families to the extent they are not needed to fund 
approvable applications related to designated housing plans during FY 
1999. Accordingly, any funding remaining unobligated under this NOFA 
will first be used to fund any approvable applications under NOFA FR-
4413, Rental Assistance for Non-Elderly Persons With Disabilities 
Related to Certain Types of Section 8 Project-Based Developments and 
Section 202, 221(d)(3) and 236 Developments, for which there are 
insufficient funds. Thereafter, any funds still remaining unobligated 
under this NOFA shall be used to fund any approvable applications under 
NOFA FR-4415, Mainstream Housing Opportunities For

[[Page 11295]]

Persons With Disabilities, for which there are insufficient funds.
    (B) Purpose. The purpose of the Section 8 rental voucher funding 
being made available under this NOFA is to provide housing assistance 
to non-elderly disabled families who would have been housed by a PHA if 
occupancy in the designated public housing project/building (or portion 
thereof) were not restricted to elderly households, and assist PHAs 
that wish to continue to designate their projects/buildings (or 
portions thereof) as ``mixed elderly and disabled buildings'' and can 
demonstrate a need for alternative housing resources for non-elderly 
disabled families that is consistent with the jurisdiction's 
Consolidated Plan and the low-income housing needs of the jurisdiction.
    In prior fiscal years HUD provided funding for rental vouchers and 
certificates for designated housing plans. In FY 1999, however, HUD 
will be providing rental vouchers only. This is due to provisions in 
the Quality Housing and Work Responsibility Act of 1998 that call for 
the merging of the Section 8 rental voucher and certificate programs 
into a rental voucher program. HUD intends to publish an interim rule 
in the spring of FY 1999 to implement the new rental voucher program. 
Since successful applicants for the FY 1999 funding available under 
this NOFA will not be funded until after the implementation of the 
interim rule, rental vouchers only are being provided in FY 1999.
    (C) Amount Allocated. This NOFA announces the availability of 
approximately $20 million in one-year budget authority which will 
provide assistance to approximately 4,200 non-elderly disabled 
families. A PHA may apply for only the number of units needed to house 
those non-elderly disabled families that otherwise would have been 
housed if not for the designation of a project/building (or portion 
thereof) for occupancy by the elderly only. The size of the units 
applied for must bear a direct relationship to the size of the units 
designated. PHAs are limited to applying for no more than 200 units. An 
eligible PHA may apply for a maximum of 200 rental vouchers.
    In the event approvable applications are received for more than the 
approximately $20 million announced as available under this NOFA, funds 
will be transferred from the approximately $20 million available under 
NOFA FR-4413, to the extent funds remain unobligated after funding all 
approvable applications under that NOFA. This latter NOFA provides 
Section 8 rental vouchers for non-elderly disabled families not 
receiving housing assistance in certain Section 8 project-based 
developments and certain section 202, section 221(d)(3) and section 236 
developments.
    (D) Eligible Applicants. A PHA established pursuant to State law 
may apply for funding under this NOFA. A regional (multi-county) or 
State PHA is eligible to apply for funding. Indian Housing Authorities, 
Indian tribes and their tribally designated housing entities are no 
longer eligible for new increments of Section 8 funding.
    Some PHAs currently administering the Section 8 rental voucher and 
certificate programs have, at the time of publication of this NOFA, 
major program management findings from Inspector General audits, HUD 
management reviews, or independent public accountant (IPA) audits that 
are open and unresolved or other significant program compliance 
problems. HUD will not accept applications for additional funding from 
these PHAs as contract administrators if, on the application due date, 
the findings are not closed to HUD's satisfaction. If the PHA wants to 
apply for funding under this NOFA, the PHA must submit an application 
that designates another housing agency, nonprofit agency, or 
contractor, that is acceptable to HUD. The PHA'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 
PHA, and a statement that outlines the steps the PHA is taking to 
resolve the program findings. Immediately after the publication of this 
NOFA, the local HUD Field Office will notify, in writing, those PHAs 
that are not eligible to apply without such an agreement. The PHA may 
appeal the decision, if HUD has mistakenly classified the PHA 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.
    (E) Eligible Participants. Only non-elderly disabled families that 
are income eligible under 24 CFR 982.201(b) and who live in public 
housing that has been designated for occupancy by the elderly, or non-
elderly disabled families who are on the PHA's public housing waiting 
list, may receive a rental voucher awarded in conjunction with an 
approved designated housing allocation plan. Such families need not be 
listed on the PHA's Section 8 waiting list in order to be offered and 
receive a Section 8 rental voucher. These families may be admitted to 
the Section 8 program as a special admission (24 CFR 982.203).

II. Program Requirements and Definitions

    (A) Program 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, section 
504 of the Rehabilitation Act of 1973, or section 109 of the Housing 
and Community Development Act, 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 5.105, each successful 
applicant must comply with the nondiscrimination in employment 
requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.), the Equal Pay Act (29 U.S.C. 206(d)), the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and 
Titles I and V of the Americans with Disabilities Act (42 U.S.C. 12101 
et seq.).
    (3) Affirmatively Furthering Fair Housing. Each successful 
applicant will have a duty to affirmatively further fair housing. 
Applicants will be required to identify the specific steps that they 
will take to:
    (a) Address the elimination of impediments to fair housing that 
were identified in the jurisdiction's Analysis of Impediments (AI) to 
Fair Housing Choice;
    (b) Remedy discrimination in housing; or

[[Page 11296]]

    (c) Promote fair housing rights and fair housing choice. Further, 
applicants have a duty to carry out the specific activities cited in 
their responses to address affirmatively furthering fair housing under 
this NOFA.
    (4) Certifications and Assurances. Each applicant is required to 
submit signed copies of Assurances and Certifications. The standard 
Assurances and Certifications are on form HUD-52515, Funding 
Application, which includes the Equal Opportunity Certification, 
Certification Regarding Lobbying, and Certification Regarding Drug-Free 
Workplace Requirements.
    (5) Rental Voucher Assistance Requirements.
    (a) Section 8 Regulations. PHAs must administer the Section 8 
rental vouchers received under this NOFA in accordance with HUD 
regulations and requirements governing the Section 8 rental voucher 
program.
    (b) Section 8 Admission Requirements. Section 8 assistance must be 
provided to eligible applicants in conformity with regulations and 
requirements governing the Section 8 rental voucher program and the 
PHA's administrative plan.
    (c) Turnover. When a rental voucher 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, subject to 
appropriations for renewal funding, from the date the rental assistance 
is placed under an annual contributions contract (ACC).
    (d) PHA Responsibilities. In addition to PHA responsibilities under 
the Section 8 rental voucher program and HUD regulations concerning 
nondiscrimination based on disability (24 CFR 8.28) and to 
affirmatively further fair housing, PHAs that receive rental voucher 
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 with disabilities in covering the costs of structural 
alterations and other accessibility features that are needed as 
accommodations for their disabilities.
    (iii) Not deny persons who qualify for rental assistance under this 
program other housing opportunities, or otherwise restrict access to 
PHA programs to eligible applicants who choose not to participate.
    (iv) Provide Section 8 search assistance.
    (v) In accordance with regulatory guidance, provide higher rent to 
owners necessary for the provision of accessible units and structural 
modifications for persons with disabilities.
    (vi) Provide technical assistance to owners for making reasonable 
accommodations or making units accessible to persons with disabilities.
    (B) Definitions. (1) Designated Housing Plan. A HUD-approved 
allocation plan required of PHAs seeking to designate a project/
building (or portion thereof) for occupancy by elderly families only, 
disabled families only, or elderly and disabled families only. See 
section 10(a) of the Housing Opportunity Extension Act of 1996, Public 
Law 104-120, as explained in Notice PIH 97-12(HA), Requirements for 
Designation of Public Housing Projects. Section 10(a) amended Section 7 
of the United States Housing Act of 1937.
    (2) Elderly Family. A family whose head of household, spouse, or 
sole member is 62 years or older.
    (3) Non-elderly Disabled Family. A family who is not elderly, and 
whose head, spouse, or sole member is a person with disabilities. The 
term ``non-elderly disabled family'' may include two or more such 
persons with disabilities living together, and one or more such persons 
with disabilities living with one or more persons who are determined 
essential to the care and well-being of the person or persons with 
disabilities (live-in aides).
    (4) 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).

    Note: While the above definition of a ``person with 
disabilities'' is to be used for purposes of determining a family's 
eligibility for a Section 8 rental voucher under this NOFA, the 
definition of a person with disabilities contained in section 504 of 
the Rehabilitation Act of 1973 and its implementing regulations must 
be used for purposes of meeting the requirements of Fair Housing 
laws, including providing reasonable accommodations.

    (5) 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.

III. Application Selection Process

    After the local HUD Field Office has screened PHA applications and 
disapproved any applications found unacceptable for further processing, 
it will review all acceptable applications (exclusive of the Designated 
Housing Plan portion of the application--which is reviewed by the 
Special Application Center) to ensure that they are technically 
adequate and responsive to the requirements of the NOFA. The local HUD 
Field Office will send to the Grants Management Center, Attention: 
Michael Diggs, Director, 501 School Street, SW, Suite 800, Washington, 
DC 20024, (tel. 202-358-0273), the following information on each 
application that is found technically adequate and responsive:
    (1) Name and address of the PHA;
    (2) Date and time of the local HUD Field Office's receipt of the 
PHA's application;
    (3) Local HUD Field Office contact person and telephone number;
    (4) The number of rental vouchers in the PHA application, and the 
minimum number of rental vouchers acceptable to the PHA; and
    (5) A completed fund reservation worksheet, indicating the number 
of Section 8 rental vouchers requested in the PHA application and 
recommended for approval by the local HUD Field Office, and the 
corresponding one-year budget authority.
    The Special Application Center will send to the Grants Management 
Center the following information on each designated housing plan 
submitted in conjunction with this NOFA:
    (1) A copy of the letter to the PHA approving or disapproving its 
designated housing plan.
    (2) Special Application Center contact person and telephone number.
    The Grants Management Center will fund on a first-come, first-
served basis all approvable applications from PHAs

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that are recommended for funding by the local HUD Field Offices and 
that the Special Application Center advises has an approved designated 
housing allocation plan, based upon the date and time the application 
is received in the local HUD Field Office. As PHAs are selected, the 
cost of funding the applications will be subtracted from the funds 
available. In the event approvable applications are received for more 
than the approximately $20 million announced as available under this 
NOFA, funds will be transferred from the approximately $20 million 
available under NOFA FR-4413 for non-elderly disabled families not 
receiving housing assistance in certain Section 8 project-based 
developments, or certain section 202, section 221(d)(3) or section 236 
developments, to the extent funds are not needed for approvable 
applications under that NOFA. Applications will be funded for the total 
number of units requested by the PHA and approved by the Grants 
Management Center in accordance with this NOFA. When remaining budget 
authority is insufficient to fund the last selected PHA application in 
full, however, the Grants Management Center will fund that application 
to the extent of the funding available, unless the PHA's application 
indicates it will only accept a higher number of units. In that event, 
the next selected application shall be one that has indicated a 
willingness to accept the lesser amount of funding for units available.

IV. Application Submission Requirements

    (A) Form HUD-52515. All PHAs must complete and submit form HUD-
52515, Funding Application, for the Section 8 rental voucher program 
(dated January 1996). This form includes all necessary certifications 
for Fair Housing, Drug Free Workplace and Lobbying Activities. 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. The bedroom size and number of requested 
units must bear a direct relationship to the bedroom size and number of 
units designated in the PHA's allocation plan that will no longer be 
available for the future admission of non-elderly disabled families. 
Copies of form HUD-52515 may be obtained from the local HUD Field 
Office, or may be downloaded from the HUD Home Page site on the 
Internet's world wide web (http://www.hud.gov).
    (B) Letter of Intent and Narrative. All the items in this section 
must be included in the application submitted to the local HUD Field 
Office. The PHA must state in its cover letter to the application 
whether it will accept a reduction in the number of rental vouchers , 
and the minimum number of rental vouchers 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 requested. The 
maximum number of rental vouchers that a PHA may apply for under this 
NOFA is limited to 200.
    (C) Approvable Designated Housing Plan. The application must 
include an approvable plan to designate housing in accordance with 
section 10(a) of the Housing Opportunities Extension Act of 1996, 
Public Law 104-120, as explained in Notice PIH 97-12 (HA), Requirements 
for Designation of Public Housing Projects.
    (D) Designated Housing Plan Previously Approved. Any PHA wishing to 
rely on a designated housing plan previously approved by HUD that did 
not require Section 8 rental vouchers or certificates for non-elderly 
disabled families or that now requires more Section 8 rental vouchers 
than previously justified, will require the PHA to submit the 
information required in paragraphs (A) and (B) above, a copy of the 
previously HUD-approved designated housing plan, and updated needs data 
supporting the need now for Section 8 rental vouchers not previously 
deemed necessary as an alternative housing resource. The updated needs 
data should indicate why the PHA does not have the appropriate 
resources to carry out the previously approved plan, identifying the 
number of Section 8 rental vouchers needed for non-elderly disabled 
families, and addressing the housing needs in its consolidated plan.
    Conversely, any PHA wishing to rely on a designated housing plan 
previously approved by HUD, contingent upon the PHA's future submission 
of an application for Section 8 rental certificates or vouchers as an 
alternative housing resource for non-elderly disabled families, will 
need to submit the information required by paragraphs (A) and (B) 
above, but need only submit the HUD-approval letter for the designated 
housing plan in lieu of the plan itself (updated needs data also 
unnecessary).

    Note: Notice of Repeal of Local Government Comment Requirements. 
Local government comments that HUD was previously required to obtain 
from the unit of general local government on PHA applications for 
Section 8 rental assistance under Section 213(c) of the Housing and 
Community Development Act of 1974 are no longer required. Section 
551 of the Quality Housing and Work Responsibility Act of 1998 (Pub. 
L. 105-276, 112 Stat. 2461, approved October 21, 1998) (QHWRA) 
repealed the provisions of Section 213(c) of the Housing and 
Community Development Act of 1974. Although section 503 of QHWRA 
establishes an effective date of October 1, 1999, for its provisions 
unless otherwise specifically provided, section 503 also permits any 
QHWRA provision or amendment to be implemented by notice, unless 
otherwise specifically provided. Accordingly, HUD's Notice of 
Initial Guidance on the QHWRA, published on February 18, 1999 (64 FR 
8192), provided the notice of immediate implementation of section 
551 of QHWRA, as permitted by section 503 of QHWRA.

V. Corrections to Deficient Applications

    (A) Acceptable Applications. To be eligible for processing, an 
application must be received by the 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 PHAs of 
technical deficiencies (exclusive of the designated housing plan) by 
letter. The Special Applications Center will review the designated 
housing plan portion of the application and advise the PHA by letter as 
to approval/disapproval of the plan.
    If an application has technical deficiencies, the PHA will have 14 
calendar days from the date of the issuance of the local HUD Field 
Office's notification letter to submit and the local HUD Field Office 
receive the missing or corrected information 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.
    Information received by the local HUD Field Office after 3 p.m. 
local HUD Field Office time on the 14th calendar day of the correction 
period will not be accepted and the application will be rejected as 
incomplete.
    (B) Unacceptable Applications. (1) After the 14-calendar day 
technical deficiency correction period, the local HUD Field Office will 
disapprove all PHA applications that it determines are not acceptable 
for processing. The local HUD Field Office's notification of rejection 
letter must state the basis for the decision.
    (2) Applications from PHAs for Section 8 rental assistance that 
fall into any of the following categories will not be processed:
    (a) Applications from PHAs that do not meet the requirements of 
Section

[[Page 11298]]

II(A)(1) of this NOFA, Compliance With Fair Housing and Civil Rights 
Laws.
    (b) The PHA has serious unaddressed, outstanding Inspector General 
audit findings, HUD management review findings, or independent public 
accountant (IPA) findings for its rental voucher or rental certificate 
programs; or the PHA has failed to achieve a lease-up rate of 90 
percent of units in its HUD-approved budget for the PHA fiscal year 
prior to application for funding in each of its rental voucher and 
certificate programs (excluding the impact of the three-month statutory 
delay requirement effective in FY 1997 and 1998 for the reissuance of 
rental vouchers or certificates). The only exception to this category 
is if the PHA has been identified under the policy established in 
Section I.(D) of this NOFA and the PHA makes application with a 
designated contract administrator.
    (c) The PHA is involved in litigation and HUD determines that the 
litigation may seriously impede the ability of the PHA to administer 
the rental vouchers.
    (d) A PHA's 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.
    (e) The PHA's application was submitted after the application due 
date.

VI. Findings and Certifications

    (A) Paperwork Reduction Act Statement. The 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.
    (B) Environmental Impact. In accordance with 24 CFR 50.19(b)(11) of 
the HUD regulations, tenant-based activities assisted under this 
program are categorically excluded from the requirements of the 
National Environmental Policy Act and are not subject to environmental 
review under the related laws and authorities. In accordance with 24 
CFR 50.19(c)(5), the approval for issuance of this NOFA is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321).
    (C) Catalog of Federal Domestic Assistance Numbers. The Federal 
Domestic Assistance number for this program is 14.857.
    (D) 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 NOFA 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 HUD, the States, and local 
governments, including PHAs.
    (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 regulations in 24 CFR part 4, subpart A 
contain a number of 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 (57 FR 1942), HUD 
published a notice that also provides information on the implementation 
of section 102. HUD will comply with the documentation, public access, 
and disclosure requirements of section 102 with regard to the 
assistance awarded under this NOFA, as follows:
    (1) 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 5-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.
    (2) Disclosures. HUD will make available to the public for 5 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 3 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 in the application.

[[Page 11299]]

    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.

    Dated: March 2, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-5576 Filed 3-5-99; 8:45 am]
BILLING CODE 4210-33-P