[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15059-15061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04954]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-FR-7076-N-06; OMB Control No. 2577-0294]


60-Day Notice of Proposed Information Collection: Moving to Work 
Amendment to Consolidated Annual Contributions Contract (ACC)

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

ACTION: Notice.

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SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment.

DATES: Comments Due Date: May 9, 2023.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Written comments and recommendations for the proposed 
information collection can be sent within 60 days of publication of 
this notice to [email protected] or www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 60-day Review--Open for Public Comments'' or by using 
the search function. Interested persons are also invited to submit 
comments regarding this proposal by name and/or OMB Control Number and 
can be sent to: Colette Pollard, Reports Management Officer, REE, 
Department of Housing and Urban Development, 451 7th Street SW, Room 
8210, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a 
toll-free number) or email at [email protected] for a copy of the 
proposed forms or other available information.

FOR FURTHER INFORMATION CONTACT: Leea Thornton, Office of Policy, 
Program and Legislative Initiatives, Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street SW, Room 
3178, Washington, DC 20410; telephone 202-402-6455. HUD welcomes and is 
prepared to receive calls from individuals who are deaf or hard of 
hearing, as well as individuals with speech or communication 
disabilities. To learn more about how to make an accessible telephone 
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of available documents 
submitted to OMB may be obtained from Ms. Thornton.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Background

    In order to implement the expanded MTW program under division L, 
title II of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113, 
December 18, 2015), HUD issued the first Operations Notice of the 
Expansion of the Moving to Work Demonstration Program Solicitation of 
Comment (82 FR 8056, January 23, 2017) (Operations Notice), and 
solicited public comment. This notice established requirements for the 
implementation and continued operation of the expansion of the MTW 
demonstration program pursuant to the 2016 MTW Expansion Statute and 
certain pre-approved waivers to establish program flexibility for 
participants. These waivers will be available to MTW PHAs when the 
revised MTW ACC Amendment is executed. The Operations Notice also 
provided that the 100 PHAs would be selected in cohorts, with 
applications for each cohort to be sought via a Selection Notice.
    This initial Operations Notice was followed by subsequent Federal 
Register notices. On May 4, 2017, HUD published the Operations Notice 
for the Expansion of the Moving to Work Demonstration Program 
Solicitation of Comment; Waiver Revision and Reopening of Comment 
Period.'' On October 5, 2018, HUD published a further Operations Notice 
(83 FR 50387) (a correction and extension of the comment period was 
published on October 11, 2018 (83 FR 51474)). This notice made changes 
as a result of the prior public comments, and again solicited public 
comments. After reviewing these comments and making changes, the 
Operations Notice was then published for implementation on August 28, 
2020 (85 FR 53444).
    On December 27, 2018, HUD issued for public comment the 60-day 
notice for the Moving to Work Amendment to the Consolidated Annual 
Contributions Contract (the ``MTW ACC Amendment'') under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. (83 FR 66738). The MTW ACC 
Amendment was revised in response to public comments received under the 
60-day Notice. The formal title was also changed to the ``Moving to 
Work Amendment to the Annual Contributions Contract(s).'' On, November 
8, 2019, HUD issued for the public comment the 30-day notice for The 
MTW ACC Amendment. The MTW ACC Amendment was further revised in 
response to public comments received under the 30-day Notice, and 
published for use on August 31, 2020. This notice seeks public comment 
on the renewal of MTW ACC Amendment.

B. Overview of Information Collection

    Title of Information Collection: Moving to Work Amendment to 
Consolidated Annual Contributions Contract(s).
    OMB Approval Number: 2577-0294.
    Type of Request: Renewal of a currently approved collection.
    Form Number: HUD-50166.
    Description of the need for the information and proposed use: The 
proposed Moving to Work (MTW) Amendment to the Annual Contributions 
Contract(s), signed by HUD and the selected Public Housing Authority 
(PHA), is necessary for HUD to implement the expansion of the Moving to 
Work program enacted by Congress in the Consolidated Appropriations 
Act, 2016 (Pub. L. 114-113, approved December 18, 2015) (2016 
Appropriation). It establishes the basic terms and conditions that will 
apply to 100 new PHAs participating in the MTW demonstration pursuant 
to the 2016 Appropriation. Specifically, the

[[Page 15060]]

MTW ACC Amendment amends any ACCs for the public housing or housing 
choice voucher programs in effect between the PHA and HUD to establish 
the PHA's designation as an MTW agency and to operate in accordance 
with the requirements of the MTW demonstration program, as amended by 
Public Law 114-113. The MTW ACC Amendment establishes the terms of 
participation in MTW, including the requirement that the PHA follow the 
MTW Operations Notice and its respective Selection Notice. The PHAs 
remain subject to the applicable ACCs to the extent that the provisions 
thereof are not otherwise waived by the Operations Notice or the 
applicable MTW Selection Notice. Additionally, the MTW ACC Amendment 
outlines PHA transition out of the demonstration and HUD termination 
rights upon PHA default. A copy of the proposed MTW ACC Amendment is 
published at the end of this notice.
    Respondents: Public Housing Authorities.
    Estimated Number of Respondents: 100.
    Estimated Number of Responses: 100.
    Frequency of Response: 1.
    Total Estimated Burdens: The burden costs associated with this 
collection are as follows:

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                                  Number of         Frequency of      Responses per   Burden hour per   Annual burden   Hourly cost per
    Information collection       respondents          response            annum           response          hours           response           Cost
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HUD-50166 MTW ACC Amendment..             100   1 each.............               0             1.00                0           $52.88           $5,288
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    The burden costs shown represent burden associated with a one-time 
review and execution of the MTW ACC Amendment for 100 PHAs to be 
designated as MTW pursuant to the FY2016 Appropriations Statute.

C. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comment in response to 
these questions.

D. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35.

Steven Durham,
Acting Chief, Office of Policy, Programs and Legislative Initiatives.

Moving to Work Amendment to Annual Contributions Contract(s)

    Section 1. This Moving to Work (MTW) Amendment to the Annual 
Contributions Contract(s) (MTW ACC Amendment) is entered into between 
the United States Department of Housing and Urban Development (``HUD'') 
and ___ (the ``Public Housing Agency, ``PHA'').
    Section 2. This MTW ACC Amendment is an amendment to any Annual 
Contributions Contract(s) (``ACC'') or Annual Contributions Terms and 
Conditions (``ACC'') in effect between the PHA and HUD for the Public 
Housing and Housing Choice Voucher programs.
    Section 3. The ACC is amended in connection with the PHA's 
designation as a participant in the expansion of the MTW demonstration 
pursuant to Section 239 of the Consolidated Appropriations Act, 2016, 
Public Law 114-113; 129 Stat. 2897 (2016 MTW Expansion Statute) and 
Section 204 of the Departments of Veterans Affairs and Housing and 
Urban Development and Independent Agencies Appropriations Act, 1996, 
Public Law 104-134; 110 Stat. 1321-281 (1996 MTW statute). The PHA's 
participation in the expansion of the MTW demonstration shall be 
governed by the MTW Operations Notice for the Expansion of the Moving 
to Work Demonstration as it is issued as it and may be amended in the 
future, or any successor notice issued by HUD, (``the MTW Operations 
Notice'').
    Section 4. The term of this amendment shall be for 20 years from 
the beginning of the PHA's first full fiscal year following execution 
by the PHA and HUD; or, until termination of this amendment, whichever 
is sooner.
    Section 5. Requirements and Covenants.
    (A) As a participant in the MTW demonstration, the PHA must operate 
in accordance with the express terms and conditions set forth in the 
MTW Operations Notice. The MTW Operations Notice may be superseded or 
amended by HUD at any time during the twenty-year MTW term.
    (B) The PHA will cooperate fully with HUD and its contractors for 
the duration of the HUD-sponsored evaluation of the cohort of the MTW 
Expansion for which the PHA was selected and shall comply with all 
aspects of its Cohort Study as outlined in the selection notice under 
which the PHA was designated.
    (C) The PHA is only exempted from specific provisions of the 
Housing Act of 1937 (``the Act'') and its implementing regulations as 
specified in the MTW Operations Notice. Each such exemption also 
extends to subregulatory guidance to the extent that the subregulatory 
guidance implements the provisions of the Act or its implementing 
regulations exempted pursuant to the MTW Operations Notice. The PHA 
remains subject to all other applicable requirements including, but not 
limited to, those in Title 24 of the Code of Federal Regulations and 
Title 42 of the U.S. Code, Appropriations Acts, Annual Contributions 
Contracts, notices of funding availability under which the PHA has 
received funds, and the applicable requirements listed in the MTW 
Operations Notice (collectively, ``the Requirements''), as they may be 
amended or implemented in the future. Accordingly, if any Requirement, 
other than the provisions of the Act and its implementing regulatory 
requirements or subregulatory guidance exempted pursuant to this MTW 
ACC Amendment and the MTW Operations Notice, conflicts with any 
exemption or authorization granted by this MTW ACC Amendment, the MTW 
Agency remains subject to that Requirement.
    Section 6. At least one year prior to expiration of this MTW ACC 
Amendment,\1\ the PHA shall submit a

[[Page 15061]]

transition plan to HUD. It is the PHA's responsibility to be able to 
end all MTW activities that it has implemented through its MTW 
Supplement to the PHA Plan upon expiration of this MTW ACC Amendment. 
The transition plan shall describe plans for phasing out such 
activities. The plan may also include any proposals of authorizations/
features of the ACC Amendment and the MTW Operations Notice that the 
PHA wishes to continue beyond the expiration of the MTW ACC Amendment. 
The PHA shall specify the proposed duration and shall provide 
justification for extension of such authorization/features. HUD will 
review and respond to timely-submitted transition plans from the PHA in 
writing within 75-days or they are deemed approved. Only 
authorizations/features specifically approved for extension shall 
continue beyond the term of the MTW ACC Amendment. The extended 
features shall remain in effect only for the duration and in the manner 
specified in the approved transition plan and be subject to any 
necessary ACC Amendments as required by HUD.
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    \1\ Should the PHA receive an extension(s) of its MTW 
participation (e.g., by extension or replacement of its MTW ACC 
Amendment) the transition plan will be due one year prior to the end 
of the extension(s).
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    Section 7. Termination and Default.
    (A) If the PHA violates or fails to comply with any requirement or 
provision of the ACC, including this amendment, HUD is authorized to 
take any corrective or remedial action described in this Section 7 for 
PHA default or any other right or remedy existing under applicable law, 
or available at equity. HUD will give the PHA written notice of any 
default, which shall identify with specificity the measures, which the 
PHA must take to cure the default and provide a specific time frame for 
the PHA to cure the default, taking into consideration the nature of 
the default. The PHA will have the opportunity to cure such default 
within the specified period after the date of said notice, or to 
demonstrate within 10 days after the date of said notice, by submitting 
substantial evidence satisfactory to HUD, that it is not in default. 
However, in cases involving clear and apparent fraud, serious criminal 
behavior, or emergency conditions that pose an imminent threat to life, 
health, or safety, if HUD, in its sole discretion, determines that 
immediate action is necessary it may institute the remedies under 
Section 7(B) of this MTW ACC Amendment without giving the PHA the 
opportunity to cure.
    (B) If the PHA is in default of this MTW ACC Amendment and/or the 
MTW Operations Notice and the default has not been cured, HUD may, 
undertake any one or all remedies available by law, including but not 
limited to the following:
    i. Require additional reporting by the PHA on the deficient areas 
and the steps being taken to address the deficiencies;
    ii. Require the PHA to prepare and follow a HUD-approved schedule 
of actions and/or a management plan for properly completing the 
activities approved under this MTW ACC Amendment;
    iii. Suspend the MTW waiver authorization for the affected 
activities;
    iv. Require reimbursement by the PHA to HUD for amounts used in 
violation of this MTW ACC Amendment;
    v. Terminate this MTW ACC Amendment and require the PHA to 
transition out of MTW;
    vi. Restrict a PHA's ability to use its MTW funding flexibly; and/
or
    vii. Take any other corrective or remedial action legally 
available.
    (C) The PHA may choose to terminate this MTW ACC Amendment at any 
time. Upon HUD's receipt of written notification from the PHA and a 
copy of a resolution approving termination from its governing board, 
termination will be effective. The PHA will then begin to transition 
out of MTW and will work with HUD to establish an orderly phase-out of 
MTW activities, consistent with Section 6 of this MTW ACC Amendment.
    (D) Nothing contained in this ACC Amendment shall prohibit or limit 
HUD from the exercise of any other right or remedy existing under any 
ACC or available under applicable law. HUD's exercise or non-exercise 
of any right or remedy under this amendment shall not be construed as a 
waiver of HUD's right to exercise that or any other right or remedy at 
any time.
    Section 8. Notwithstanding any provision set forth in this MTW ACC 
Amendment, any future law that conflicts with any provision of this ACC 
Amendment, as determined by HUD, shall not be deemed to be a breach of 
this ACC Amendment. Nor shall HUD's execution of any future law be 
deemed a breach of this ACC Amendment. Any future laws affecting the 
PHA's funding, even if that future law causes a decrease in the PHA's 
funding, shall not be deemed a breach of this ACC Amendment. No future 
law or HUD's execution thereof shall serve as a basis for a breach of 
contract claim in any court.
    Section 9. If any clause, or portion of a clause, in this Agreement 
is considered invalid under the rule of law, it shall be regarded as 
stricken while the remainder of this Agreement shall continue to be in 
full effect.
    In consideration of the foregoing covenants, the parties do hereby 
execute this MTW ACC Amendment:
PHA
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United States Department of Housing and Urban Development
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[FR Doc. 2023-04954 Filed 3-9-23; 8:45 am]
BILLING CODE 4210-67-P