[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Pages 17666-17670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9333]
[[Page 17665]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
NOFA Mainstream Housing Opportunities for Persons With Disabilities
(Mainstream Program), Fiscal Year 1997; Notice
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 /
Notices
[[Page 17666]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4224-N-01]
NOFA for Mainstream Housing Opportunities for Persons With
Disabilities (Mainstream Program), Fiscal Year 1997
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability (NOFA) for FY 1997.
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SUMMARY: This notice announces the availability in FY 1997 of up to
$48.5 million in five-year budget authority for Section 8 rental
vouchers and certificates for persons with disabilities. This funding
will support approximately 2,000 rental vouchers or certificates.
Housing agencies (HAs), including Indian Housing Authorities, are
invited to respond to this NOFA.
The purpose of the Mainstream Program is to provide rental vouchers
or certificates to enable persons with disabilities to rent affordable
private housing.
DATES: The application deadline for the Mainstream Program NOFA is June
9, 1997, 3:00 p.m., local HUD Office time.
The above-stated 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
before the application deadline. The $48.5 million in funding available
under this NOFA will be used to approve HA applications. HUD will fund
by lottery if it receives approvable applications for more funds than
are available under this NOFA.
Applicants should submit their materials as early as possible to
avoid any risk of loss of eligibility because of unanticipated delays
or other delivery-related problems. HUD will not accept, at any time
during the NOFA competition, application materials sent by facsimile
(FAX) transmission.
ADDRESSES: The local HUD State or Area Office, Attention: Director,
Office of Public Housing, is the official place of receipt for all
applications, except applications from Indian Housing Authorities
(IHAs). HUD's local Office of Native American Programs, Attention:
Administrator, Office of Native American Programs, is the place of
official receipt for IHA applications. For ease of reference, the term
``HUD Office'' will be used throughout this NOFA to mean the HUD State
Office, and HUD Area Office, and HUD's local Office of Native American
Programs. If a particular type of HUD Office needs to be identified,
e.g., HUD's local Office of Native American Programs, the appropriate
office will be used.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Division, Office of Rental Assistance, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone number (202) 708-0477 (this is not a toll-free number). For
hearing-and speech-impaired persons, this number may be accessed by TTY
(text telephone) by calling the Federal Information Relay Service at 1-
800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The Section 8 information collection requirements contained in this
NOFA have been approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0169. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
Promoting Comprehensive Approaches to Housing and Community
Development
HUD wants to promote comprehensive, coordinated approaches to
housing and community development. Economic development, community
development, public housing revitalization, homeownership, assisted
housing for special needs populations, supportive services, and
welfare-to-work initiatives can work better if linked at the local
level. Toward this end, the Department in recent years has developed
the Consolidated Planning process designed to help communities
undertake such approaches.
In this spirit, it may be helpful for applicants under this NOFA to
be aware of other related HUD NOFAs that have recently been published
or are expected to be published in this fiscal year. By reviewing these
NOFAs with respect to their program purposes and the eligibility of
applicants and activities, applicants may be able to relate the
activities proposed for funding under this NOFA to the recent and
upcoming NOFAs and to the community's Consolidated Plan.
Elsewhere in today's Federal Register, the Department has published
a related NOFA concerning Rental Assistance for Persons with
Disabilities in Support of Designated Housing Allocation Plans. On
April 8, 1997, the Department published in the Federal Register the
NOFA for Continuum of Care Assistance. Other related NOFAs the
Department expects to publish in the Federal Register within the next
few weeks include: the Family Unification NOFA, the Housing
Opportunities for Persons with Aids NOFA, the Supportive Housing for
the Elderly NOFA, and the Supportive Housing for Persons with
Disabilities NOFA.
To foster comprehensive, coordinated approaches by communities, the
Department intends for the remainder of FY 1997 to continue to alert
applicants of HUD's NOFA activity. In addition, a complete schedule of
NOFAs to be published during the fiscal year and those already
published appears under the HUD Homepage on the Internet, which can be
accessed at http://www.hud.gov.nofas.html. Additional steps to better
coordinate HUD's NOFAs are being considered for FY 1998.
For help in obtaining a copy of your community's Consolidated Plan,
please contact the community development office of your municipal
government.
Family Self-Sufficiency (FSS) Program Requirement
Unless specifically exempted by HUD, all rental certificate funding
reserved in FY 1997 (except funding for renewals or amendments) will be
used to establish or contribute to the minimum size of an HA's FSS
program.
A. Purpose and Substantive Description of Mainstream Program
(1) Authority
Legislative authority for the $48.5 million in five-year budget
authority available under this NOFA (general use rental assistance for
persons with disabilities) is found in the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Pub. L. No. 104-204, 110 Stat. 2874, at 2882,
approved September 26, 1996) which states that the Secretary may
designate up to 25 percent of the amounts earmarked for Section 811 of
the National Affordable Housing Act of 1990 (42 U.S.C. 8013) for
tenant-based assistance, as authorized under that section.
(2) Background
The Secretary has established a Mainstream Housing Opportunities
for Persons with Disabilities Program (Mainstream Program) to provide
rental voucher or certificates to enable persons with disabilities to
rent affordable private housing of their choice.
[[Page 17667]]
The Mainstream Program will assist HAs in providing Section 8
rental vouchers and certificates to a segment of the population
recognized by HUD's housing research as having one of the worst case
housing needs of any group in the United States; i.e., very low-income
households with adults with disabilities. In addition, the Mainstream
Program will assist persons with disabilities who often face
difficulties in locating suitable and accessible housing on the private
market.
(a) Application Funding. HUD will award funding for rental vouchers
or certificates under the Mainstream Program to HAs that submit an
application for rental assistance for persons with disabilities, and
that currently administer a Section 8 rental voucher or certificate
program. HUD will make available approximately 2,000 Section 8 rental
vouchers and certificates for HAs to increase the supply of mainstream
housing opportunities available to persons with disabilities. HUD will
select HA applications for funding by lottery in the event approvable
applications are received for more funding than is available under this
NOFA.
(b) Limit on Rental Assistance Requested. An eligible HA may apply
for up to 100 rental vouchers or certificates.
(3) Guidelines
(a) Definitions
Disabled Family. A family whose head, spouse or sole member is a
person with disabilities. The term ``disabled family'' may include two
or more persons with disabilities living together, and one or more
persons with disabilities living with one or more live-in aides. A
disabled family may include a person with disabilities who is elderly.
Person with disabilities. A person who--
(a) Has a disability as defined in section 223 of the Social
Security Act (42 U.S.C. 423), or
(b) Is determined to have a physical, mental or emotional
impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live
independently; and
(iii) Is of such a nature that such ability could be improved by
more suitable housing conditions, or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome (AIDS) or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome (HIV).
Section 8 search assistance. Assistance to increase access by
program participants to housing units in a variety of neighborhoods
(including areas with low poverty concentrations) and to locate and
obtain units suited to their needs.
(b) Eligible HAs. HAs that currently administer a Section 8 rental
voucher or certificate program may apply for funding under this NOFA.
Some housing agencies currently administering the Section 8 rental
voucher and certificate programs have, at the time of publication of
this NOFA, major program management findings that are open and
unresolved or other significant program compliance problems (e.g., HA
has not implemented mandatory FSS Program). HUD will not accept
applications for additional funding from these HAs as contract
administrators if, on the application deadline date, the findings are
not closed to HUD's satisfaction. If the HA wants to apply for funding
under this NOFA, the HA must submit an application that designates
another housing agency, nonprofit agency, or contractor, that is
acceptable to HUD. The HA's application must include an agreement by
the other housing agency, nonprofit agency, or contractor to administer
the new funding increment on behalf of the HA, and a statement that
outlines the steps the HA is taking to resolve the program findings.
Immediately after the publication of this NOFA, the Office of Public
Housing in the local HUD Office will notify, in writing, those HAs that
are not eligible to apply without such an agreement. The HA may appeal
the decision, if HUD has mistakenly classified the HA as having
outstanding management or compliance problems. Any appeal must be
accompanied by conclusive evidence of HUD's error and must be received
prior to the application deadline. HUD will reject applications
submitted by these HAs without an agreement from another housing
agency, nonprofit agency, or contractor, approved by HUD, to administer
the new funding increment on behalf of the HA.
(c) Eligible Participants
Only a disabled family may receive a rental voucher or certificate
awarded under the mainstream program. Applicants with disabilities will
be selected from the HA's Section 8 waiting list.
(d) Rental Voucher and Certificate Assistance
(i) Section 8 regulations. HAs must administer the Mainstream
Program in accordance with HUD regulations and requirements governing
the Section 8 rental voucher and certificate programs.
(ii) Section 8 admissions requirements. Section 8 assistance must
be provided to eligible applicants in conformity with regulations and
requirements governing the Section 8 program and the HA's
administrative plan.
If there is ever an insufficient pool of disabled families on the
HA Section 8 waiting list, an HA shall conduct outreach to encourage
eligible persons to apply for this special allocation of rental
vouchers and certificates. Outreach may include contacting independent
living centers, advocacy organizations for persons with disabilities,
and medical, mental health, and social service providers for referrals
of persons receiving such services who would benefit from Section 8
assistance. If the HA's Section 8 waiting list is closed, and if the HA
has insufficient applicants on its Section 8 waiting list to use all
awarded rental vouchers and certificates under this NOFA, the HA shall
open the waiting list to disabled families.
(iii) Turnover. When a rental voucher or certificate under this
NOFA becomes available for reissue (e.g., the family initially selected
for the program drops out of the program or is unsuccessful in the
search for a unit), the rental assistance may be used only for another
individual or family eligible for assistance under this NOFA for five
years from the date the rental assistance is placed under an annual
contributions contract (ACC).
(e) HA Responsibilities
In addition to HA responsibilities under the Section 8 rental
voucher and certificate programs and HUD regulations concerning
nondiscrimination based on disability (24 CFR 8.28) and to
affirmatively further fair housing, HAs that receive rental voucher or
certificate funding shall:
(i) Where requested by an individual, assist program participants
to gain access to supportive services available within the community
but not require eligible applicants or participants to accept
supportive services as a condition of participation or continued
occupancy in the program.
(ii) Identify public and private funding sources to assist
participants in covering the costs of modifications that
[[Page 17668]]
need to be made to their units as a reasonable accommodation for their
disabilities.
(iii) Not deny persons who qualify for rental assistance under this
program other housing opportunities, or otherwise restrict access to HA
programs to eligible applicants who choose not to participate.
(iv) Provide Section 8 search assistance.
B. Mainstream Program Allocation Amounts
This NOFA announces the availability of up to $48.5 million
(approximately) of five-year budget authority that will support about
2,000 rental vouchers or certificates for rental assistance for
disabled families.
C. Application Submission Requirements
(1) Form HUD-52515
All HAs must complete and submit form HUD-52515, Funding
Application, for the Section 8 rental certificate program (dated
January 1996). This form was recently revised to include all necessary
certifications for Fair Housing, Drug Free Workplace and Lobbying
Activities; therefore, HAs can complete and sign the new form HUD-52515
to provide these required certifications. An application must include
the information in Section C, Average Monthly Adjusted Income, of form
HUD-52515 in order for HUD to calculate the amount of Section 8 budget
authority necessary to fund the requested number of units. Copies of
form HUD-52515 may be obtained from the local HUD Office or may be
downloaded from the HUD Home Page site on the Internet's world wide web
(http://www.hud.gov).
A regional (multicounty) or State HA may submit a separate
application for a specific county or municipality for which it
administers a HUD-approved residency preference in addition to its
rental voucher or certificate program. If the regional or State HA has
no such specific county or municipality for which it wants to apply
separately for rental assistance under this NOFA, the HA may only
submit a single application.
(2) Local Government Comments
Section 213 of the Housing and Community Development Act of 1974
(42 U.S.C. 1439) requires that HUD independently determine that there
is a need for the housing assistance requested in applications and
solicit and consider comments relevant to this determination from the
chief executive officer of the unit of general local government. The
HUD Office will obtain Section 213 comments from the unit of general
local government in accordance with 24 CFR part 791, subpart C,
Applications for Housing Assistance in Areas Without Housing Assistance
Plans. Comments submitted by the unit of general local government must
be considered before an application can be approved.
For purposes of expediting the application process, the HA needs to
encourage the chief executive officer of the unit of general local
government to submit a letter with the HA application commenting on the
HA application in accordance with Section 213. Because HUD cannot
approve an application until the 30-day comment period is closed, the
Section 213 letter needs to not only comment on the application, but
also state that HUD may consider the letter to be the final comments
and that no additional comments will be forthcoming from the unit of
general local government.
(3) Letter of Intent and Narrative
All the items in this Section must be included in the application
submitted to the HUD Office. The HA must state in its cover letter to
the application whether it will accept a reduction in the number of
rental vouchers or certificates, and the minimum number of rental
vouchers or certificates it will accept, since the funding is limited
and HUD may only have enough funds to approve a smaller amount than the
number of rental vouchers or certificates requested. The maximum number
of rental vouchers or certificates that an HA may apply for under this
NOFA is limited to 100, or such smaller number that the HA can lease
within one year. A regional or State HA may not apply for more than 100
rental vouchers or certificates for each of the specific communities in
which it administers a residency preference. If the regional or State
HA has no such specific communities for which it wishes to apply for
rental assistance, the HA shall be limited to one application for up to
a maximum of 100 rental vouchers or certificates.
(4) Description of Need for Mainstream Program Rental Assistance
The application must demonstrate a need for Mainstream Program
rental vouchers or certificates by providing information documenting
that the demand for housing for persons with disabilities would equal
or exceed the requested number of rental vouchers or certificates (not
to exceed a maximum of 100). The HA must assess and document the
housing need for persons with disabilities using a range of sources
including, but not limited to: census data, information from the HA's
waiting list (both public housing and Section 8), statistics on recent
public housing admissions and rental certificate and voucher use, data
from local advocacy groups and local public and private service
agencies familiar with the housing needs of persons with disabilities,
and pertinent information from the Consolidated Plan applicable to the
HA's jurisdiction. (See 24 CFR 91.205(d).)
(5) Mainstream Program Operating Plan
The application must include a description of an adequate plan for
operating a program to serve eligible persons with disabilities,
including:
(a) A description of how the HA will carry out its responsibilities
under 24 CFR 8.28 to assist recipients in locating units with needed
accessibility features; and
(b) A description of how the HA will identify private or public
funding sources to help participants cover the costs of modifications
that need to be made to their units as reasonable accommodations to
their disabilities.
D. Corrections to Deficient Mainstream Program Applications
(1) Acceptable Applications
To be eligible for processing, an application must be received by
the appropriate HUD Office no later than the date and time specified in
this NOFA. The HUD Office will initially screen all applications and
notify HAs of technical deficiencies by letter.
If an application has technical deficiencies, the HA will have 14
calendar days from the date of the issuance of the HUD notification
letter to submit the missing or corrected information to the HUD Office
before the application can be considered for further processing by HUD.
Curable technical deficiencies relate only to items that do not improve
the substantive quality of the application.
All HAs must submit corrections within 14 calendar days from the
date of the HUD letter notifying the applicant of any such deficiency.
Information received after 3 p.m. local time (i.e., the time in the
appropriate HUD Office), of the 14th calendar day of the correction
period will not be accepted and the application will be rejected as
incomplete.
(2) Unacceptable Applications
(a) After the 14-calendar day technical deficiency correction
period, the HUD
[[Page 17669]]
Office will disapprove HA applications that it determines are not
acceptable for processing. The HUD Office notification of rejection
letter must state the basis for the decision.
(b) Applications that fall into any of the following categories
will not be processed:
(i) There is a pending civil rights suit against the HA instituted
by the Department of Justice or there is a pending administrative
action for civil rights violations instituted by HUD (including a
charge of discrimination under the Fair Housing Act).
(ii) There has been an adjudication of a civil rights violation in
a civil action brought against the HA by a private individual, unless
the HA is operating in compliance with a court order or implementing a
HUD-approved resident selection and assignment plan or compliance
agreement designed to correct the areas of noncompliance.
(iii) There are outstanding findings of noncompliance with civil
rights statutes, Executive Orders, or regulations, as a result of
formal administrative proceedings, or the Secretary has issued a charge
against the applicant under the Fair Housing Act, unless the applicant
is operating under a conciliation or compliance agreement designed to
correct the areas of noncompliance.
(iv) HUD has denied application processing under Title VI of the
Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR
50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures
(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act
of 1973 and HUD regulations (24 CFR 8.57).
(v) The HA has serious unaddressed, outstanding Inspector General
audit findings, Fair Housing and Equal Opportunity monitoring and
compliance review findings, or HUD management review findings for its
rental voucher or rental certificate programs. HA has serious
underutilization of rental vouchers or certificates not attributable to
the three month statutory delay for the reissuance of rental vouchers
and certificates. The only exception to this category is if the HA has
been identified under the policy established in section A.(3)(b) of
this NOFA and the HA makes application with a designated contract
administrator.
(vi) The HA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the HA to administer the
rental vouchers or certificates.
(vii) An HA application that does not comply with the requirements
of 24 CFR 982.102 and this NOFA after the expiration of the 14-calendar
day technical deficiency correction period will be rejected from
processing.
(viii) An HA application submitted after the deadline date.
E. Mainstream Program Application Selection Process
After the HUD Office has screened HA applications and disapproved
any applications found unacceptable for further processing, the HUD
Office will review all acceptable applications to ensure that they are
technically adequate and responsive to the requirements of the NOFA.
Each HUD Office will send to HUD Headquarters the following information
on each application that is found technically adequate and responsive:
(a) Name and address of the HA;
(b) HUD Office contact person and telephone number;
(c) The completed fund reservation worksheet, indicating the number
of Section 8 rental vouchers or certificates requested in the HA
application and approved by the HUD Office during the course of its
review, and the corresponding budget authority.
Headquarters will fund all applications from HAs that are
recommended for funding by the HUD Offices, unless HUD receives
approvable applications for more funds than are available. If HUD
receives approvable applications for more funds than are available, HUD
will select applicants to be funded by lottery. All HAs identified by
the HUD Offices as having submitted technically adequate and responsive
applications will be included in the lottery. As HAs are selected, the
cost of funding the applications will be subtracted from the funds
available. In order to achieve geographic diversity, HUD Headquarters
will limit the number of applications selected for funding from any
state to 10 percent of the budget authority available for the general
use Mainstream Program. However, if establishing this geographic limit
would result in unreserved budget authority, HUD may modify this limit
to assure that all available funds are used.
Applications will be funded for the total number of units requested
by the HA and approved by the HUD Office (not to exceed 100 units) in
accordance with the NOFA. However, when remaining budget authority is
insufficient to fund the last selected HA application in full, HUD
Headquarters will fund that application to the extent of the funding
available, unless the HA's application indicates it will only accept a
higher number of units. In that event, the next selected application
shall be one which has indicated a willingness to accept the lesser
amount of funding for units available.
F. Other Matters
Catalog of Federal Domestic Assistance
The Federal Domestic Assistance numbers for this program are:
14.855 and 14.857.
Environmental Impact
This NOFA provides funding under, and does not alter environmental
requirements of, 24 CFR part 982. This NOFA provides funding only for
tenant-based assistance, which is a categorical exclusion not subject
to the individual environmental compliance requirements cited in 24 CFR
50.4. The regulations referred to above, therefore, do not contain
environmental review requirements. Accordingly, under 24 CFR 50.19
(c)(5) this NOFA is categorically excluded from environmental review
requirements under the National Environmental Policy Act of 1969 (42
U.S.C. 4321).
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this notice will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the notice is not subject to review under the Order. This notice is a
funding notice and does not substantially alter the established roles
of the Department, the States, and local governments, including HAs.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this notice does not have
potential for significant impact on family formation, maintenance, and
general well-being within the meaning of the Executive Order and, thus,
is not subject to review under the Order. This is a funding notice and
does not alter program requirements concerning family eligibility.
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
[[Page 17670]]
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:
a. Documentation and public access requirements. HUD will ensure
that documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a 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.
b. 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 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.
Section 103 HUD Reform Act
Section 103 of the Department of Housing and Urban Development
Reform Act of 1989, and HUD's implementing regulation codified at
subpart B of 24 CFR part 4, applies 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, or Headquarters counsel for the program to which the question
pertains.
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. Section 1352
(the Byrd Amendment) and to the provisions of the Lobbying Disclosure
Act of 1995, Public Law 104-65 (December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
Part 87, prohibits applicants for Federal contracts and grants from
using appropriated funds to attempt to influence Federal Executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment or
modification. The Byrd Amendment applies to the funds that are the
subject of this NOFA. Therefore, applicants must file a certification
stating that they have not made and will not make any prohibited
payments and, if any payments or agreement to make payments of
nonappropriated funds for these purposes have been made, a form SF-LLL
disclosing such payments must be submitted. The certification and the
SF-LLL are included in the application package.
The Lobbying Disclosure Act of 1995, Public Law 104-65 (December
19, 1995), which repealed Section 112 of the HUD Reform Act and
resulted in the elimination of the regulations at 24 CFR Part 86,
requires all persons and entities who lobby covered Executive or
Legislative Branch officials to register with the Secretary of the
Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities.
Dated: April 7, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-9333 Filed 4-9-97; 8:45 am]
BILLING CODE 4210-33-P
