94-9887. Funding Availability (NOFA) for Fiscal Year 1994, Section 8 Community Investment Demonstration Program  

  • [Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-9887]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 26, 1994]
    
    
    _______________________________________________________________________
    
    Part IV
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Office of the Assistant Secretary for Housing-Federal Housing 
    Commissioner
    
    
    
    _______________________________________________________________________
    
    
    
    Section 8 Community Investment Demonstration Program; Funding 
    Availability for Fiscal Year 1994; Notice
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Office of the Assistant Secretary for Housing-Federal Housing 
    Commissioner
    [Docket No. N-94-3729; FR-3623-N-01]
    
     
    
    Funding Availability (NOFA) for Fiscal Year 1994, Section 8 
    Community Investment Demonstration Program
    
    AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
    Commissioner, HUD.
    
    ACTION: Notice of funding availability (NOFA) for Fiscal Year (FY) 
    1994.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This NOFA announces the availability of $100 million in FY 
    1994 section 8 budget authority for a national competition to be 
    administered by the Department of Housing and Urban Development 
    pursuant to section 6 of the HUD Demonstration Act of 1993. That 
    section directs the Secretary to carry out ``a demonstration program to 
    attract pension fund investment in affordable housing through the use 
    of project-based rental assistance under section 8 of the United States 
    Housing Act of 1937.'' This NOFA invites pension funds (public or 
    private) or their affiliates to submit applications to participate in 
    this new demonstration program.
        Under this demonstration, selected pension funds will receive a 
    set-aside of section 8 funding authority. They will select projects to 
    be assisted, within guidelines established by HUD, and submit them to 
    the Department for approval. New construction and substantial 
    rehabilitation projects are eligible. At least 50 percent of the set-
    aside must be for HUD-owned properties or properties with HUD-held 
    mortgages. No more than 50 percent of the units in any project (except 
    HUD-owned or HUD-held) may be assisted; however, HUD may provide 
    exceptions to this rule for limited special circumstances such as 
    meeting the needs of the homeless, disabled or displaced. In the case 
    of HUD-owned properties, the number of units required to be assisted 
    will be determined in the disposition plan in accordance with statutory 
    requirements. The pension fund will provide assistance from its set-
    aside for one-half the number of units to be assisted as determined in 
    the disposition plan; HUD will provide the other one-half from its 
    property disposition set-aside.
        If the project-specific proposal is approved by HUD, a portion of 
    the pension fund's section 8 set-aside will be assigned to the project. 
    After completion of construction or rehabilitation, pursuant to an 
    agreement between HUD and the project owner, a Housing Assistance 
    Payments Contract will be executed between the owner and HUD. Under 
    this Contract, the owner will be responsible for all management and 
    operation of the project, including determining eligibility of and 
    leasing to low-income families.
        The NOFA contains information for the applicants regarding the 
    allocation of section 8 budget authority, the application process, 
    including the application requirements and the deadline for filing 
    applications; pension fund selection criteria; and the selection 
    criteria for selecting specific projects to be funded.
        Detailed instructions and guidelines implementing this 
    demonstration are contained in HUD Notice 94-19. Prospective applicants 
    should request a copy of the Notice from the address below before 
    submitting an application to participate in the demonstration.
    
    DATES: This NOFA will remain open until all Section 8 authority has 
    been allocated or reallocated. HUD will accept applications no earlier 
    than 30 days after publication of this NOFA. Processing of applications 
    will commence in order of receipt. Applications received during each 15 
    calendar day period, beginning 30 days after publication of this NOFA, 
    will be evaluated against each other. Initial approval will be given no 
    earlier than 45 days after publication.
    
    ADDRESSES: The HUD headquarters is the official place of receipt of all 
    applications. The address is Department of Housing and Urban 
    Development, Office of Insured Multifamily Housing Development, room 
    6134, 451 Seventh Street, SW., Washington, DC 20401-8000. Each 
    submission should be clearly identified on the exterior as a ``Section 
    8 Community Investment Demonstration Program Application.''
        A presubmission conference for parties who may be interested in 
    participating in this demonstration program has been scheduled at 1:00 
    p.m., May 11, 1994, in room 10233, Departmental Conference Room, at HUD 
    headquarters. While not a precondition to eligibility for submission of 
    a formal application, representatives of the pension funds or their 
    affiliates are encouraged to attend.
    
    FOR FURTHER INFORMATION CONTACT: Joseph E. Malloy, Office of Insured 
    Multifamily Housing Development, room 6134, telephone (202) 708-3000, 
    or Richard L. Schmitz, Policies and Procedures Division, room 6138, 
    Telephone (202) 708-1113. Both addresses are at the Department of 
    Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 
    20401-8000. (These telephone numbers are not toll-free).
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        The information collection requirements contained in this NOFA have 
    been approved by the Office of Management and Budget (OMB) under the 
    Paperwork Reduction Act of 1980. OMB has approved the section 8 
    information collection requirements under the assigned control number 
    2577-0169.
    
    (I) Purpose and Substantive Description
    
    (A) Background
    
        Section 6 of the HUD Demonstration Act of 1993 (Pub. L. 103-120, 
    107 Stat. 1144, approved October 27, 1993) directs the Secretary of HUD 
    to carry out a demonstration program to attract pension fund investment 
    in affordable housing through the use of project-based rental 
    assistance under section 8 of the United States Housing Act of 1937. In 
    carrying out this demonstration program the Secretary must ensure that 
    not less than 50 percent of the funds appropriated for each year are 
    used in conjunction with the disposition of either: (1) Multifamily 
    properties owned by the Department; or (2) multifamily properties 
    securing mortgages held by the Department.
        An appropriation of $100 million for fiscal year 1994 was 
    authorized and has been provided to carry out this demonstration 
    program.
        Project-based section 8 assistance under the program will be 
    provided pursuant to a contract entered into by the Secretary and the 
    owner of the eligible housing that: (1) Provides assistance for a term 
    which, taking into account the financing and other factors relating to 
    the specific project proposal, is not less than 60 and not greater than 
    180 months; and (2) provides for contract rents to be determined by the 
    Secretary.
        The Fair Market Rent Schedule for this demonstration is 120 percent 
    of the Existing Housing Fair Market Rent Schedule most recently 
    published in the Federal Register. Initial gross rents (contract rents 
    plus allowance for tenant paid utilities) for any new construction 
    project, and any substantial rehabilitation project with per unit 
    rehabilitation costs of $5000 or more, may not exceed the Fair Market 
    Rents applicable to this demonstration. Initial gross rents for any 
    substantial rehabilitation project with per unit rehabilitation costs 
    of less than $5000 may not exceed 100 percent of the published Existing 
    Housing Fair Market Rent Schedule.
        Contract rents must be reasonable on the basis of comparison with 
    rents for unsubsidized units of similar age, design and location which 
    include comparable amenities and services.
        HUD's multifamily mortgage insurance programs, the risk sharing 
    programs under section 542 of the Housing and Community Development Act 
    of 1992, and Farmers Home Administration loan and loan guarantee 
    programs are not available for housing developed or assisted under this 
    demonstration program. A pension fund may not have an ownership 
    interest in a project for which a project-specific proposal is 
    submitted to HUD or for which assistance is provided under this 
    demonstration. The Secretary may establish such other standards 
    regarding financing and securitization of project mortgages as the 
    Secretary deems appropriate.
        This NOFA announces the availability of $100 million in FY 1994 
    section 8 budget authority to carry out this demonstration program 
    which will assist between approximately 900 and 2500 units. The number 
    that can be assisted will vary depending on the level of gross rents 
    (i.e., contract rents plus allowance for tenant paid utilities), 
    contract administration fee and term of contract. For example,
    
    
    Monthly contract rent per unit.............................         $500
    Tenant paid utility allowance..............................           50
                                                                ------------
    Monthly gross rent.........................................          550
    Number of Units............................................         x 50
                                                                ------------
                                                                      27,500
                                                                        x 12
                                                                ------------
    Annual Section 8 Rental Subsidy............................      330,000
    Administrative Fee\1\......................................       15,000
                                                                ------------
    Section 8 Contract Authority Reserved......................      345,000
    Length of Contract.........................................     \2\ x 15
                                                                ------------
          Total Budget Authority Reserved (15 yr. term)........    5,175,000
                                                                     \2\ x 5
                                                                ------------
          Total Budget Authority Reserved (5 yr. term).........    1,725,000
                                                                            
    \1\Based on 5% of the published existing housing fair market rent for a 
      2BR unit.                                                             
    \2\Times number of years.                                               
    
    (B) Allocation Amounts
    
        From the amounts of section 8 assistance made available in the VA, 
    HUD-Independent Agencies Appropriation Act for FY 1994 (Pub. L. 103-
    124, 107 Stat. 1275, Approved October 28, 1993) the Department has set 
    aside $100 million in budget authority for this demonstration program. 
    No pension fund may receive an initial set-aside of more than $50 
    million.
        A Category A pension fund may receive an initial set-aside of not 
    more than $50 million. A Category A fund is any pension fund that 
    identifies and documents in its application the presence of a pipeline 
    of projects for which project-specific proposals sufficient to use the 
    total amount of the set-aside requested by it can be submitted to HUD 
    within 120 days after HUD selects the fund for participation in the 
    demonstration.
        A Category B fund is any pension fund that does not make such 
    identifications or documentations. A Category B fund may receive an 
    initial set-aside of not more than $10 million.
        The Department may not initially provide (or make a commitment to 
    provide) more than 50 percent of the funding for housing financed by 
    any single pension fund, except that this limitation shall cease to 
    apply if the Secretary, after the end of the 6-month period beginning 
    on the date of this NOFA determines that: (1) There are no expressions 
    of interest that are likely to result in approvable applications in the 
    reasonably foreseeable future; or (2) any such expressions of interest 
    are not likely to use all funding under this section. If, after the 
    required six month period, it is determined that, given the extent of 
    expressions of interest in this demonstration, it does not appear 
    likely that all of the $100 million in budget authority will be used 
    (and the Department so informs the Committee on Banking, Finance and 
    Urban Affairs of the House of Representatives and the Committee on 
    Banking, Housing, and Urban Affairs of the Senate) the Department then 
    may reserve funding for, and consider an application from, a pension 
    fund requesting an award for amounts in excess of $50 million.
        The Department may not enter into any new funding commitments under 
    this program after September 30, 1998.
    
    (C) Eligible Applicants
    
        Any applicant for participation in this program must demonstrate, 
    to the satisfaction of the Department that: (1) It is a trust, fund, 
    plan or other program established or maintained by an employer or other 
    person for the purpose of providing income or benefits to employees 
    after the termination of employment or deferring income by employees 
    until the termination of employment; (2) it is an entity that engages 
    principally in the investment of the funds of such a trust, fund, plan, 
    or other program; or (3) it is a partnership or organization 
    established to invest pension funds in affordable multifamily housing.
        The applicant must have adequate staff capacity to perform the 
    functions required under this demonstration or it may contract or enter 
    into a partnership for such services so long as the applicant is 
    responsible for overall program administration and decisions.
    
    (D) Pension Fund Applications
    
        1. All applications from pension funds must contain information as 
    to the number of projects and units expected to be financed, the number 
    and percent in each project expected to receive Section 8 assistance, 
    contract terms anticipated, anticipated initial contract rents, total 
    Section 8 budget authority requested, the number of units to be newly 
    constructed and the number to be substantially rehabilitated; types of 
    families (elderly, large, disabled, displaced, homeless or families/
    individuals with special needs) and number of each expected to 
    assisted.
        2. All applications must contain information sufficient for HUD to 
    evaluate the applicant on the basis of the Pension Fund Selection 
    Criteria set forth in Subpart (E) below.
    
    (E) Pension Fund Selection Criteria
    
        All applications for participation in the demonstration will be 
    evaluated on the basis of the following criteria. Applicants should 
    refer to HUD Notice 94-19 for details as to the supporting information 
    required for each criterion. Applications must contain sufficient 
    supporting information, in narrative and/or numerical form, as 
    appropriate, to enable HUD to evaluate the applicants:
        1. Past involvement in and capacity to finance multifamily housing;
        2. Capability to make overall program and mortgage finance 
    decisions;
        3. Use of its own resources, including how it will maximize the use 
    of any Section 8 set-aside awarded to it.
        4. Use of HUD-owned properties or properties with mortgages held by 
    HUD in a variety of geographic locations.
        5. Efforts to promote economic or neighborhood development and/or 
    employment opportunities for project area residents; and
        6. Ability to move housing to construction/rehabilitation start in 
    a short time frame.
        Applications received during each 15 calendar-day period, beginning 
    30 days after publication of this NOFA, will be evaluated against each 
    other. Applications will be selected on the basis of numerical ratings 
    assigned to the criteria identified above. Additional, more detailed 
    information and instructions with respect to the above criteria, as 
    well as on application and program procedures in general, are contained 
    in HUD Notice 94-19, which will be provided pension funds upon request 
    to the HUD program headquarters office referred to above.
        The Department will formally notify each pension fund as to whether 
    or not it was selected to participate in this demonstration program and 
    the amount of set-aside awarded.
    
    (F) Guidelines on Eligible Projects
    
        Pension funds selected by HUD to participate in this demonstration 
    must submit proposals for projects they wish to finance to the 
    Department for approval. Each pension fund will be required to use at 
    least 50% of its section 8 set-aside in connection with HUD-owned 
    properties or properties with mortgages held by HUD unless the 
    Department determines that the overall statutory provision to this 
    effect will be met and approves an exception.
        New construction projects are eligible under this demonstration. In 
    addition, the following types of existing projects are eligible for 
    substantial rehabilitation:
        A multifamily project owned by the Secretary or subject to a 
    mortgage held by the Secretary that is delinquent, under a workout 
    agreement, or being foreclosed upon by the Secretary;
        A multifamily project eligible for assistance as a troubled project 
    under section 201 of the Housing Community Development Amendments of 
    1978;
        A multifamily project located in an empowerment zone or enterprise 
    community designated pursuant to Federal law;
        Any other multifamily project, including those to be occupied by 
    homeless persons or homeless families as defined in section 103 of the 
    Stewart B. McKinney Homeless Assistance Act.
        High rise elevator projects for families with children are not 
    eligible for this demonstration unless HUD determines there is no 
    practical alternative.
    
    (G) Project Selection Criteria
    
        Pension funds may establish their own criteria for selecting 
    project-specific proposals but such criteria must, in the aggregate, 
    reflect the following public purposes to the satisfaction of the 
    Secretary:
    
    --Achieving economic mix;
    --Increasing housing choices and fostering neighborhood diversity;
    --Providing affordable housing for large, low-income families and 
    providing access to necessary supportive facilities and services;
    --Involving other state and local and public and private resources to 
    achieve these objectives and to limit Section 8 assistance to less than 
    50% of the units (except in HUD-owned properties or properties with 
    mortgages held by HUD and under limited special circumstances, such as 
    assistance for homeless, disabled, or displaced approved by HUD);
    --Facilitating maximum use of available Section 8 budget authority by 
    limiting gross rents to less than the Fair Market Rent Limitations and 
    contract terms to less than 15 years;
    --Facilitating geographic/locality diversity of project sites and 
    complying with any applicable court orders;
    --Using HUD owned properties and properties with mortgages held by HUD 
    in a variety of geographic locations; and
    --Meeting special needs of homeless, disabled, or displaced etc.
    
        More detailed information with respect to these criteria and 
    methods of selection is contained in HUD Notice 94-19.
        Pension funds should be aware that certain projects are not 
    eligible for participation in this demonstration. These include 
    projects that are subject to mortgage prepayment restrictions, 
    including projects meeting the definition of ``eligible low income 
    housing'' under the Low-Income Housing Preservation and Resident 
    Homeownership Act of 1990 (LIHPRHA) and projects that are subject to 
    Section 250(a) of the National Housing Act.
        A list of HUD-owned properties is available from HUD Headquarters, 
    Office of Preservation and Property Disposition, telephone (202) 708-
    3343. Information on properties with mortgages held by HUD is available 
    from the Office of Multifamily Housing Management in HUD Headquarters, 
    telephone (202) 708-3730.
        HUD Notice 94-19 sets forth the format and specific information 
    needed in order for pension funds to meet the requirements of this 
    subpart (G).
    
    (H) Section 8 Project-Specific Contract Award
    
        A Category A pension fund will have 120 days from the date of its 
    selection to participate in the demonstration to submit project-
    specific proposals utilizing the total amount of its Section 8 set-
    aside. It will have 10 months from the date of selection to commit 
    (i.e., closing of construction financing) its Section 8 set-aside to 
    specific projects.
        A Category B pension fund will have 12 months to reach closing of 
    construction financing. It must submit project-specific proposals 
    sufficient to use its Section 8 set-aside no later than 120 days before 
    the end of the 12 month period.
        Any amount of set-aside not committed to specific projects by the 
    end of the time periods indicated above may be withdrawn by HUD and 
    reallocated to other pension funds based on the performance of the 
    receiving pension fund in utilizing it previous allocation(s) or to 
    pension funds not previously selected by HUD due to the lack of 
    available set-aside authority. HUD may extend these deadlines.
        Project-specific proposals must include the information and 
    certifications, and be submitted in the format, identified in HUD 
    Notice 94-19.
    
    (I) Processing of Project-Specific Proposals
    
        After receipt of a project-specific proposal, HUD, in accordance 
    with HUD Notice 94-19, will perform certain HUD-retained reviews for 
    compliance with:
    
    --Site acceptability criteria for this Demonstration;
    --Environmental requirements except HUD may accept and adopt an 
    environmental review in accordance with 24 CFR Part 58 conducted by a 
    CDBG or HOME grantee;
    --Affirmative Fair Housing Marketing requirements;
    --Previous participation of project principals in HUD programs;
    --Obtain and issue appropriate Davis-Bacon wage rate determinations; 
    and
    --Subsidy layering guidelines, unless the Housing Credit Agency has 
    agreed to perform subsidy layering reviews for projects receiving Low 
    Income Housing Tax Credits.
    
        Upon completion of the HUD reviews, Headquarters will notify the 
    pension fund whether or not the proposal is acceptable, the amount of 
    Section 8 that will be reserved for the project when the HAP Agreement 
    is signed and the steps requisite to execution of the HAP Agreement.
    
    (J) Post Approval Processing
    
        The HAP Agreement may not be executed nor may construction or 
    substantial rehabilitation begin until the certifications required by 
    HUD Notice 94-19 are submitted to HUD and found acceptable.
    
    (K) Contract Administration
    
        The statute calls for assistance to be provided through ``a 
    contract entered into by the Secretary and the owner''. It is the 
    Department's intent to enter into a HUD/Private Owner HAP Agreement and 
    Contract. HUD will then enter into a contract with an HFA or PHA that 
    has jurisdiction over the geographic area in which the project is 
    located. For a fee, the HFA or PHA will carry out certain 
    administrative or ministerial functions that otherwise would be the 
    responsibility of HUD as the Section 8 Contract Administrator. Any 
    administrative fee payable to the HFA or PHA will not exceed 5 percent 
    of the published 2 bedroom Fair Market Rent for Existing Housing for 
    the area and will be payable out of the Section 8 contract and budget 
    authority reserved for each project.
    
    (L) Project Construction and Completion
    
        Project construction, completion and cost certification 
    requirements are contained in HUD Notice 94-19. HUD may perform field 
    reviews if necessary to substantiate compliance with program 
    requirements.
    
    (M) HUD-Private Owner HAP Contract
    
        If the pension fund and owner are in compliance with HUD Notice 94-
    19, HUD will execute a HUD-Private Owner HAP Contract with the owner. 
    The contract will contain provisions relative to: (1) The terms of the 
    contract which may be not less than 5 nor more than 15 years; (2) the 
    responsibilities of the owner for project management and maintenance; 
    (3) a prohibition on the use of other Federal programs so long as the 
    contract is in effect; (4) a limitation on assistance for the project 
    to the housing assistance payments available under the Contract; (5) 
    the requirement that in the event the project is refinanced to lower 
    the interest rate and/or debt service payment, HUD may reduce the 
    Contract rents; and (6) the right for HUD to terminate the Contract for 
    cause if the owner fails to perform in accordance with the provisions 
    of the Contract.
    
    (N) Supplementary Program Information
    
        Coincident with the preparation of this NOFA the Department has 
    been developing more detailed information and instructions for program 
    participants in the form of HUD Notice 94-19. The Office of Insured 
    Multifamily Housing Development at HUD Headquarters, Room 6134, 
    Telephone (202) 708-3000, will make these instructions available to 
    pension funds and other interested parties upon request.
    
    II. Other Matters
    
    (A) Environmental Impact
    
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with the Department's regulations at 24 CFR 
    part 50, which implement section 102(2)(C) of the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding is 
    available for public inspection between 7:30 a.m. and 5:30 p.m. 
    weekdays in the Office of the Rules Docket Clerk, Office of General 
    Counsel, Department of Housing and Urban Development, room 10276, 451 
    Seventh Street, SW., Washington, DC 20410.
    
    (B) Federalism Impact
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that this NOFA 
    does not have substantial, direct effect on the States, on their 
    political subdivisions, or on the relationship between the Federal 
    government and the States, or on the distribution of power or 
    responsibilities among the various levels of government, because this 
    NOFA would not substantially alter the established roles of HUD, the 
    States and local governments.
    
    (C) 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 any HUD program requirements affecting the family.
    
    (D) Accountability in the Provision of HUD Assistance
    
        HUD has promulgated a final rule to implement section 102 of the 
    Department of Housing and Urban Development Reform Act of 1989 (HUD 
    Reform Act). The final rule is codified at 24 CFR part 12. Section 102 
    contains 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 16, 1992, HUD published at 
    57 FR 1942, additional information that gave the public (including 
    applicants for, and recipients of, HUD assistance) further 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:
        (1) Documentation and Public Access. 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 quarterly Federal 
    Register notice of all recipients of HUD assistance awarded on a 
    competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
    published in the Federal Register on January 16, 1992 (57 FR 1942), for 
    further information on these requirements.)
        (2) 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 generally 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. (See 24 CFR subpart C, and 
    the notice published in the Federal Register on January 16, 1992 (57 FR 
    1942), for further information on these disclosure requirements.)
    
    (E) Prohibition Against Lobbying Activities
    
        The use of funds awarded under this NOFA is subject to the 
    disclosure requirements and prohibitions of section 319 of the 
    Department of the Interior and Related Agencies Appropriations Act for 
    Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the 
    implementing regulations at 24 CFR part 87. These authorities prohibit 
    recipients of Federal contracts, grants, or loans from using 
    appropriated funds for lobbying the Executive or Legislative Branches 
    of the Federal Government in connection with a specific contract, 
    grant, or loan. The prohibition also covers the awarding of contracts, 
    grants, cooperative agreements, or loans unless the recipient has made 
    an acceptable certification regarding lobbying. Under 24 CFR part 87, 
    applicants, recipients, and subrecipients of assistance exceeding 
    $100,000 must certify that no Federal funds have been or will be spent 
    on lobbying activities in connection with the assistance.
    
    (F) Prohibition Against Lobbying of HUD Personnel
    
        Section 13 of the Department of Housing and Urban Development Act 
    (42 U.S.C. 3537b) contains two provisions dealing with efforts to 
    influence HUD's decisions with respect to financial assistance. The 
    first imposes disclosure requirements on those who are typically 
    involved in these efforts--those who pay others to influence the award 
    of assistance or the taking of a management action by the Department 
    and those who are paid to provide the influence. The second restricts 
    the payment of fees to those who are paid to influence the award of HUD 
    assistance, if the fees are tied to the number of housing units 
    received or are based on the amount of assistance received, or if they 
    are contingent upon the receipt of assistance.
        HUD's regulation implementing section 13 is codified at 24 CFR part 
    86. If readers are involved in any efforts to influence the Department 
    in these ways, they are urged to read the final rule, particularly the 
    examples contained in Appendix A of the rule. Appendix A of this rule 
    contains examples of activities covered by this rule.
        Any questions concerning the rule should be directed to the Office 
    of Ethics, Room 2158, Department of Housing and Urban Development, 451 
    Seventh Street, SW., Washington, DC 20410. Telephone: (202) 708-3815 
    (voice/TDD). This is not a toll-free number. Forms necessary for 
    compliance with the rule may be obtained from the local HUD office.
    
    (G) Prohibition Against Advance Information on Funding Decisions
    
        Section 103 of the HUD Reform Act proscribes the communication of 
    certain information by HUD employees to persons not authorized to 
    receive that information during the selection process for the award of 
    assistance. HUD's regulation implementing section 103 is codified at 24 
    CFR part 4. In accordance with the requirements of section 103, HUD 
    employees involved in the review of applications and in the making of 
    funding decisions are restrained by 24 CFR part 4 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 by 24 CFR part 4. Applicants who have questions 
    should contact the HUD Office of Ethics (202) 708-3815 (voice/TDD). 
    (This is not a toll-free number.)
    
        Dated: April 14, 1994.
    Nicolas P. Retsinas,
    Assistant Secretary for Housing-Federal Housing Commissioner.
    [FR Doc. 94-9887 Filed 4-25-94; 8:45 am]
    BILLING CODE 4210-27-P
    
    
    

Document Information

Published:
04/26/1994
Department:
Housing and Urban Development Department
Entry Type:
Uncategorized Document
Action:
Notice of funding availability (NOFA) for Fiscal Year (FY) 1994.
Document Number:
94-9887
Dates:
This NOFA will remain open until all Section 8 authority has been allocated or reallocated. HUD will accept applications no earlier than 30 days after publication of this NOFA. Processing of applications will commence in order of receipt. Applications received during each 15 calendar day period, beginning 30 days after publication of this NOFA, will be evaluated against each other. Initial approval will be given no earlier than 45 days after publication.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 26, 1994, Docket No. N-94-3729, FR-3623-N-01