[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