[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Notices]
[Pages 40686-40691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19122]



[[Page 40685]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Second 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. 143 / Tuesday, July 27, 1999 / 
Notices  

[[Page 40686]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4416-N-02]


Second 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 (FSS) program coordinators.

-----------------------------------------------------------------------

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 is the second NOFA issued under this program 
for FY 1999. The first NOFA was issued on March 8, 1999 (64 FR 11278). 
Because funding remains available under this program, HUD is issuing a 
second Section 8 FSS Program Coordinators NOFA (FSS Program 
Coordinators NOFA). This second FSS Program Coordinators NOFA announces 
the availability of approximately $9 million remaining in Fiscal Year 
(FY) 1999 to fund Section 8 FSS program coordinators. Housing agencies 
that applied for funding under the March 8, 1999 FSS Program 
Coordinators NOFA will not receive additional funding under this NOFA.
    Eligible Applicants. Public housing agencies (HAs) eligible to 
receive funding under this NOFA are only those that did not apply for 
funding under the first FY 99 FSS Program Coordinators NOFA, published 
on March 8, 1999 (March 8, 1999 FSS Program Coordinators NOFA) that 
either (1) Received funding under the FY 98 NOFA for Section 8 FSS 
Program Coordinators; or (2) did not receive funds under the FY 98 
Section 8 FSS Program Coordinators NOFA and are 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 that did not apply for funding under 
the March 8, 1999 FSS Program Coordinators NOFA that have 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 August 26, 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 funding under 
this Section 8 FSS Programs Coordinators NOFA is August 26, 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 this second NOFA, FY 1999 funding in the amount of 
approximately $9 million remains available for HA administrative fees 
for Section 8 FSS program coordinators.

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

[[Page 40687]]

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 the FY 
99 Section 8 Program Coordinator NOFAs 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. HAs that applied for funding under the March 8, 1999 FSS 
Program Coordinators NOFA will not receive additional funding under 
this NOFA.

(B) Eligible Applicants

    (1) HAs that received funding under the FY 98 FSS Program 
Coordinators NOFA. All HAs that received funding under the FY 98 NOFA 
for Section 8 FSS program coordinators that did not apply for funding 
under the first Section 8 FSS Program Coordinators NOFA, the March 8, 
1999 NOFA, will be funded in FY 1999 under this second NOFA to the 
extent funds are available, 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 under the 
FY 98 Section 8 FSS Program Coordinators NOFA 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.
    (2) HAs that did not receive funding under the FY 98 Section 8 FSS 
program Coordinators NOFA. HAs, including state and regional HAs, that 
did not receive FSS coordinator funding in FY 98 and did not apply for 
funding under the March 8, 1999 FSS Program Coordinators NOFA 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. Both voluntary and mandatory Section 8 
FSS slots are counted in determining the HAs Section 8 FSS Program 
size. 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 
fewer 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.

(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.

[[Page 40688]]

(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. No applicant that applied for 
funding under the March 8, 1999 FSS Program Coordinators NOFA will be 
eligible for funding in either Category 1 or 2 under this second FSS 
Program Coordinators NOFA.
    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 starting from the smallest HAs first 
(i.e., those HAs with the smallest combined rental voucher and 
certificate programs first). If funding remains, HUD will then fund 
eligible applicants in Category 2 in size order starting from the 
smallest HAs first. If there are not sufficient monies to fund all 
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, and that did not apply for funding under the March 8, 
1999 FSS Program Coordinators 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 and that did not apply for funding under the March 8, 
1999 FSS Program Coordinators NOFA 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 salary comparability information required in items 4 and 5 of the 
Attachment B letter required under Section 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 and that did not apply for funding under the March 8, 1999 
FSS Program Coordinators 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

[[Page 40689]]

Regarding Lobbying which is Attachment D of this NOFA constitute the 
entire HA application for funding under this section. The HA 
``Attachment B'' letter must confirm that the HA did not apply for 
funding under the March 8, 1999 FSS NOFA and 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 selection criterion. In order not to unreasonably 
exclude applications from being rated and ranked, HUD may, however, 
contact applicants to ensure proper completion of the application and 
will do so on a uniform basis for all applicants. 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 
Section III(B) of this NOFA or an application that does not comply with 
the requirements of Section VI(A) or VI(B) of this NOFA.
    (c) An application from an HA that does not meet the requirements 
of Section 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.
    (e) An applicant that applied for funding under the March 8, 1999 
FSS Program Coordinators NOFA.

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 C.F.R. 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

[[Page 40690]]

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 
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. 
No. 105-265, approved October 21, 1998) authorizes 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 24 CFR 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: July 16, 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:
    In connection with the second FY 99 NOFA for Section 8 FSS 
program coordinators, [enter date of publication of this NOFA 
publication], 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.
    (4) The total number of (both voluntary and mandatory) Section 8 
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 Plan is __________.
    (5) The total number of budgeted Section 8 rental certificates 
and rental vouchers from the most recent HUD-approved HUD 52672 form 
is ________.

(Note: For HAs applying jointly, provide the total for all HAs 
included in the application.)

    (6) The HA did not apply for Section 8 Program Coordinator 
funding under the Section 8 FSS Program Coordinators NOFA published 
on March 8, 1999.

      Sincerely,
Executive Director

    * Note: To qualify for funding under this NOFA, HAs that 
received Section 8 FSS Program Coordinator funding in FY 98 must

[[Page 40691]]

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.

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.
    The __ HA did not apply for funding under the March 8, 1999 
Section 8 FSS Program Coordinators NOFA.

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:
    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.

Attachments

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
----------------------------------------------------------------------
Signature and Title of HA Representative
----------------------------------------------------------------------
Date

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.
----------------------------------------------------------------------
Signature of HA Representative
----------------------------------------------------------------------
Name of Signatory (Print or Type)
----------------------------------------------------------------------
Name of HA
----------------------------------------------------------------------
Date signed

[FR Doc. 99-19122 Filed 7-22-99; 2:10 pm]
BILLING CODE 4210-33-P