[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27534-27538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12714]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. N-95-1409; FR-2383-N-06]
Notice of Submission of Proposed Information Collection to OMB
AGENCY: Office of the Secretary.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The information collection requirement described below has
been submitted to the Office of Management and Budget (OMB) for
expedited review, as required by the Paperwork Reduction Act. The
Department is soliciting public comments on the subject requirements.
ADDRESSES: Interested persons are invited to submit comments regarding
[[Page 27535]] this proposal. Comments must be received within ten (10)
working days from the date of this Notice. Comments should refer to the
proposal by name and should be sent to: Joseph F. Lackey, Jr., OMB Desk
Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and
Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone
No. (202) 708-0050. This is not a toll-free number. Copies of the
proposed forms and other available documents submitted to OMB may be
obtained from Ms. Weaver.
SUPPLEMENTARY INFORMATION: This Notice informs the public that the
Department of Housing and Urban Development has submitted to OMB, for
expedited processing, an information collection package with respect to
Restrictions on Assistance to Noncitizens final rule, published on
March 20, 1995.
The March 20, 1995 final rule implements Section 214 of the Housing
and Community Development Act of 1980. This statute prohibits the
Department from making financial assistance available to persons other
than United States citizens, nationals, or certain categories of
eligible noncitizens in certain HUD programs.
The Department has submitted the information collection package, as
described below, to OMB for review, as required by the Paperwork
Reduction Act (44 U.S.C. Chapter 35):
(1) The title of the information collection proposal;
(2) the office of the agency to collect the information;
(3) the description of the need for the information and its use;
(4) the agency form number, if applicable;
(5) what members of the public will be affected by the information
collection requirements;
(6) how frequently information submission will be required;
(7) an estimate of the total number of hours needed to prepare the
information submission including numbers of respondents, frequency of
response, and hours of response;
(8) whether the requirements reflect a new or an extension,
reinstatement, or revision of an information collection requirement;
and
(9) the names and telephone numbers of an agency official familiar
with the proposal and of the OMB Desk Officer for the Department.
Authority: Section 3507 of the Paperwork Reduction Act, 44
U.S.C. 3507; Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: May 8, 1995.
Nelson A. Diaz,
General Counsel.
Notice of Submission of Proposed Information Collection to OMB
Proposal: Restrictions on Assistance to Noncitizens (FR-2383).
Office: Secretary.
Discription of the Need For The Information and Its Proposed Use:
This rule implements Section 214 of the Housing and Community
Development Act of 1980, as amended. Section 214 prohibits HUD from
making housing assistance under certain covered programs available to
persons who are not U.S. citizens, nationals, or eligible noncitizens
under the categories specified in the statute.
Form Number: None.
Respondents: Individuals or Households, Business or Other For-
Profit, and State, Local, or Tribal Government.
Reporting Burden:
----------------------------------------------------------------------------------------------------------------
No. of Frequency of hours per Burden
respondents x response x response = hours
----------------------------------------------------------------------------------------------------------------
Information collection................ 3,030,547 varies varies 405,458
----------------------------------------------------------------------------------------------------------------
Total Estimated Burden Hours: 405,458.
Status: New.
Contract: Bruce Vincent (PIH), HUD, (202) 708-0744; Linda Flister
(Housing), HUD, (202) 708-2300; Joseph F. Lackey, Jr., OMB, (202) 395-
7316.
Dated: May 8, 1995.
Supporting Statement for FR-2383--Restrictions and Assistance to
Noncitizens
A. Justification
1. This request for OMB approval seeks clearance for information
collections related to the implementation of Section 214 of the
Housing and Community Development Act of 1980, as amended (42 U.S.C.
1436a), that prohibits the Secretary of HUD from making financial
assistance available for the benefit of any person, who is not a
U.S. citizen, national, or who is not a noncitizen of legal
immigration status under one of the six categories of legal
immigrant status specified in the statute. (Attachment #1 is a copy
of Section 214.)
Implementation of Section 214 through Issuance of Regulations.
The March 20, 1995, final rule implements Section 214 by adding
certain regulatory provisions to the HUD existing regulations,
listed below. (Attachment #2 is a copy of the March 20, 1995 final
rule.)
24 CFR part 200, 215 (the Rent Supplement Program);
24 CFR part 200, 235 (Section 235 Program--Sec. 235 of
the National Housing Act);
24 CFR part 200, 236 (Section 236 Program--Sec. 236 of
the National Housing Act);
24 CFR part 812 (Section 8 Housing Assistance Payments
Program);
24 CFR part 950 (Indian Housing Program) [Note: HUD's
Indian Housing program was moved from part 905 to 950];
24 CFR part 912 (Public Housing Program);
Applicable conforming amendments (for purposes of
cross-referencing the Section 214 requirements contained in the
above listed parts) were made to several other parts: 247, 850, 880,
881, 882, 883, 883, 886, 887, 900, 904 and 960.
The Information Collection Requirements in the March 20, 1995
final rule. The majority of the information collection requirements
contained in the March 20, 1995 final rule flow directly from the
statute. The statute specifies a declaration shall be submitted by
each individual family member, and that alien registration
documentation must be submitted for those individuals that indicate
legal immigration status. Additionally, the statute provides for
certain procedures such as an INS appeal process, a hearing process
provided by the owner or housing authority that necessitate
appropriate notices to the individual advising of the availability
of processes. The statute also provides for certain actions to occur
if immigration status is not confirmed (i.e., denial or termination
of assistance) which also, for due process considerations,
necessitate certain notices to provide fair notice of the
possibility of these occurrences.
2. The following provides information on the frequency of the
submission of information collection requirements.
Notice to applicants and tenants of requirements of
Section 214. The rule provides that notification of the requirements
of Section 214 must be given to each applicant at the time of
application for assistance, and to each tenant at the time of, and
together with, any notice of regular reexamination of tenant income,
but not later than one year following the effective date of the
final rule.
The notice is intended to facilitate the implementation
of Section 214 and to ensure that applicants are not passed over for
admission because they did not have sufficient knowledge of this new
admission procedure and sufficient time to obtain
[[Page 27536]] evidence of their eligible immigration status, when
applicable.
For applicants whose applications are pending, the
final rule provides that notification must be given as soon as
possible, but leaves precise timing to the discretion of the housing
authority or project owner.
Again, for existing tenants, the rule provides that
notice be given when the housing authority or project owner gives
notice of its up-coming reexamination of income. Generally, housing
authorities and project owners provide notice to tenants that a
reexamination is about to occur.
Accordingly, no new times are established for
notification of the requirements of Section 214 that are different
from those periods when the housing authority or project owner would
otherwise provide notice to the applicant or tenant or certain
important information. (See Secs. 200.183(f)(1), 812.6(f)(1),
912.6(f)(1) and 950.310(g)(1).)
The information that needs to be included in the notice
is described in the regulation. (See Secs. 200.183(f)(2),
812.6(f)(2), 912.6(f)(2), and 950.310(g)(2).) However, no specific
form is required, but model notices will be provided.
Declaration of citizenship or eligible immigration
status. Section 214(d)(1)(A) requires that applicants and tenants
for HUD housing assistance programs covered by Section 214 must
submit a declaration signed under penalty of perjury, in which
individual indicates that he or she is a citizen or noncitizen with
eligible immigration status. (See Secs. 200.183(c), 812.6(c),
912.6(c), and 950.310(e)(3).)
Every member of an applicant or tenant family must
submit this document. An adult member of the family must execute
this form on behalf of any children.
The declaration need only be executed and submitted one
time.
No specific form of declaration is prescribed, but
model language will be made available. The declaration may be
incorporated as part of the application for housing assistance. (See
Secs. 200.183(c)(2), 812.6(c)(2), 912.6(c)(2), and 950.310(e)(3).)
No declaration necessary if individual is not a citizen
or does not of eligible immigration status. The March 20, 1995 final
rule provides if one or more members of a family elect not to
contend that they have eligible immigration status if other members
of the family establish their citizenship or eligible immigration
status. (see Secs. 200.183(e), 812.6(e), 912.6(e), and 950.310(f).
Section 214(c)(1)(A) provides that for existing tenants
``continued assistance'' is available if the head of the household
or spouse is a U.S. citizen, national, or has eligible immigration
status (as specified in Section 214). The regulatory provision
permitting individuals to elect not to declare in certain situations
should reduce the information collection requirements and processing
requirements.
Verification consent form. Section 214(d)(3) requires
that those individuals who declare eligible immigration status, must
have their status verified with the INS. Accordingly, so that these
individuals will know that verification will be undertaken, the rule
provides for a verification consent form to be signed by each
noncitizen who declares eligible immigration status. (See
Secs. 200.183(d), 812.6(d), 912.6(d), 950.310(e)(4).) The consent
form puts the family member on notice that his immigration status
will be confirmed with INS.
Only members of a family who declares eligible immigration
status must execute the verification consent form.
No specific form is prescribed, but model language will be made
available.
Proof of age. Section 214(d)(2)(A) provides that for
noncitizens who are 62 years of age or older and receiving
assistance under a Section 214 covered program on June 19, 1995 [the
effective date of the final rule], in addition to a declaration the
62-year or older noncitizen may submit proof of age in lieu of
submission of documents that evidence immigration status. (See
Secs. 200.813(b)(92)(ii), 812.6(b)(2)(ii), 912.6(b)(2)(ii), and
950.310(e)(2)(ii)(B).)
Only members of families who are existing tenants and who
declare eligible immigration status and are 62 years of age or older
must submit proof of age.
Types of documents that constitute proof of age are not
prescribed in the rule. Since there is no prescribed list of
acceptable documentation, it is anticipated that this burden should
be minimal, and less burdensome for elderly persons than submission
of immigration documents.
Evidence of immigration status. Section 214 (d)(2)(A)
requires that persons who declare that they are noncitizens with
eligible immigration status must submit acceptable evidence of
eligible immigration status. In accordance with INS requirements,
the rule specifies which documents constitute acceptable evidence of
immigration status. (See Secs. 200.184, 812.7, 912.7, 950.310
(k)(2).
Only individuals who declare eligible immigration status (and
are not existing tenants who are 62 years of age or older) must
submit evidence of immigration status.
Evidence of immigration status need only be submitted one time,
unless the individual's status changes, and the individual wants the
housing authority's or project owner's record to reflect the changed
immigration status.
The applicant or tenant noncitizen must submit the original
documents, but they will be photocopied and returned by the project
owner or housing authority. Note these are documents that already
should be in the possession of the individual, and therefore there
should be minimal burden associated with this requirement.
One-time submission of immigration documents. For each family
member, evidence of immigration status is required to be submitted
only one time during continuously assisted occupancy under any
covered program.
Notice extending time to submit documentation, or
denying extended time to submit documentation. Section 214(d)(4)(A)
requires that individuals must be given a reasonable opportunity to
submit documentation if they submit the declaration required by
Section 214. The rule provides consistent with Section 214 that
project owners and housing authorities grant a reasonable extension.
The period is to be determined by the project owner or housing
authority, and must be definite in time (i.e., cannot be for an
indefinite period). To avoid any difference of opinion concerning if
in fact an extension was granted, the extension must be in writing.
(See Secs. 200.183(h), 812.6(h), 912.6(h) and 950.310(i).)
No specific form of notice is prescribed.
Primary verification through SAVE system. The housing
authority and project owner must verify with INS the immigration
status of the applicant or tenant who declares eligible immigration
status. This is done through means of an automated system that
provides access to alien names, file an admission numbers (generally
through a computer or touch tone telephone). Immigration status will
be verified at the time of application for applicants, and at the
time of the first annual reexamination for existing tenants. The
time involved in making the primary verification is anticipated to
be minimal.
Secondary verification through manual search. If the
primary verification fails to confirm eligible immigration status,
then the housing authority or project owner requests the INS to
conduct a manual search.
Notice when secondary verification fails to confirm
immigration status. If secondary verification (the manual search
that follows the automated primary verification which fails to
confirm immigration status) fails to confirm immigration status, the
housing authority or project owner must issue a notice to the family
advising that immigration status was not confirmed by INS records.
(See Secs. 200.185(c)(3), 812.8(c)(3), 912.8(c)(3), and
950.310(1)(3)(iii).)
No specific form or notice is prescribed.
Note that the notice required under these regulatory sections is
the same as that required under the provisions described in the
following paragraph 8 in the supporting statement.
Notice of denial or termination of assistance. If the
family fails to produce the immigration documents within a
reasonable period, including any extension thereof, or if the
immigration status is not concerned, the housing authority and
project owner must issue a notice to the family that puts them on
notice of the possibility of denial or termination of assistance,
and advises them of their rights and responsibilities. (See
Secs. 200.186(d), 812.9(d), 912.9(d) and 950.310(m)(4).)
The information to be included in the notice is set forth in the
rule, but no specific form of notice is prescribed.
Temporary deferral of termination of assistance--
notification requirements connected with deferral of termination of
assistance. Section 214(c)(1)(B) provides that a housing authority
or project owner may defer termination of financial assistance if
necessary to permit the orderly transition of the family (that is
determined ineligible under Section 214 for HUD financial
assistance) to other affordable housing. The deferral may be up to a
period for three years, and is available in increments of six month
[[Page 27537]] periods. Section 214(c)(1)(B) requires that ``at the
beginning of each deferral period,'' the housing authority or
project owner shall inform the family of their ineligibility for
financial assistance and offer assistance in finding other
affordable housing.
The notification required by Section 214(c)(1)(B) and the ways
in which assistance may be offered (also required by Section
214(c)(1)(B) reflected in the rule (see Secs. 200.187(c), 812.10(d),
912.10(d), and 950.310(r)(3).)
Proration of assistance. For mixed families, the final
rule provides for housing authorities and project owners to prorate
assistance, that is determine rental subsidy on the basis of the
number of family members that are eligible for assistance. The
formula for determining proration is set forth in the statute. (See
Secs. 200.188, 812.11, 912.11 and 950.310(s).)
Paperwork Matrix contained in August 25, 1994 Proposed Rule
The following duplicates the paperwork matrix that was contained
in the published August 25,1994 proposed rule.
Tabulation of Annual Reporting Burden Noncitizens Rule--Restriction on Assistance to Noncitizens
--------------------------------------------------------------------------------------------------------------------------------------------------------
No. of
Description of information No. of responses Total
collection Section of 24 CFR affected respondents per annual Hours per responses Total hours
respondent responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notification to tenants and 905.310(g) 912.6.......... 3,300 700 2,310,000 .01..................... 23,100
applicants in Public & Indian
Housing.
Denials, terminations, 905.310(m)(4), (r) 912.9, 3,300 19 62,700 .10 (6 minutes)......... 6,270
extensions, deferrals. 912.10.
Notification and verification, 812.6, 812.9, 912.10...... 2,470,777 1 2,470,777 .05 (3 minutes)......... 123,539
denial, termination in section 8.
Notification and verification, 200.183, 200.186 200.187, 412,315 1 412,315 .05..................... 20,616
denial, termination in FHA 235.13.
subsidized.
Extensions....................... 812.6(h), 200.183(h)...... 144,155 1 144,155 .16..................... 23,065 (10 min.)
Recordkeeping--Public and Indian 905.310(q), 912.9(h)...... 3,300 761 2,511,300 .01..................... 25,113
Housing.
Recordkeeping in section 8....... 812.9(h).................. 2,470,777 1 2,470,777 .05..................... 125,539
Recordkeeping in FHA subsidized.. 200.186(h) 235.13......... 412,315 1 412,315 .05..................... 20,616
----------------------------------------------------------------------------------------------------------------------
Total Annual Burden.......... .......................... ........... ........... ........... ........................ 405,458
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Information Technology. INS's Systematic Alien Verification
Entitlement (SAVE) is an automatic system that should reduce the
verification burden on responsible entities. This system can be
operated by a touch-tone telephone or computer. This technology
allows the housing authority or project owner to confirm the
immigration status of an individual without the necessity for
substantial paperwork.
4. Minimizing Duplication. While HUD has attempted to reduce the
frequency of verifying immigration status (see the response to #2
above) by requiring only a one-time verification and by providing
that verification of immigration status should occur when all other
verifications occur, unfortunately, no other documents or system
currently exist that will verify immigration status other than as
set forth in the rule. This is the first time that housing
authorities and project owners are being asked to verify immigration
status.
5. No Significant Impact on a Substantial Number of Small
Entities. As stated in both HUD's proposed rule (59 FR 43916) and
final rule (60 FR 14823), HUD maintains that there is no significant
impact on a substantial number of small entities.
6. Consequences if Information Collection is Not Conducted. If
the information is collected as required by the rule, the
consequence will be that persons who are not here legally in the
United States or who do not meet one of the six immigration
categories specified in the status will receive scarce housing
resources.
7. Special Circumstances that Require Collection to be Made
Inconsistent with 5 CFR 1320.6. None.
8. Consultation with Persons Outside the Agency. No formal
consultation was undertaken. INS provided HUD with copies of its
SAVE manual that HUD followed in describing the SAVE verification
systems in the rule. Through its proposed rule, HUD received
comments from housing authorities and project owners on data
collection, frequency of collection, etc. These comments were taken
into consideration in the development of the final rule.
9. Assurance of Confidentiality. INS's SAVE system carries its
own protective measures. HUD's rule provides that individuals asked
to submit evidence of immigration status shall be advised that this
evidence will only be released to INS for purposes of establishing
eligibility for financial assistance and not for any other purpose.
(See Secs. 200.183(d)(3), 812.6(d)(3), 912.6(d)(3),
950.310(e)(3)(iii).).
10. Questions of a Sensitive Nature. The only information
required of a sensitive nature is citizenship/immigration status.
This information is required by statute. No other sensitive
information is sought under this rule.
11. Estimates of Annualized Costs to the Federal Government. The
statute provides that HUD is to pay each public housing agency or
other entity an amount equal to 100 percent of the costs incurred in
implementing and operating an immigration verification system. At
this point in time, before implementation, it is difficult to
estimate the cost. Because HUD believes that the percentage of
illegal aliens who have access to HUD housing assistance is minimal,
and because of the technology involved (technology which can be
operated through use of a touch tone telephone), the cost is not
anticipated to be substantial. Any cost to respondent (housing
authority or project manager) is assumed to be covered within the
basic application, verification and reexamination processes of each
of the programs covered by this rule.
12. Provide Estimates of Burden Hours. Please see matrix that is
provided in the response to number 2.
13. Amendments to Existing Collections. Not applicable.
14. Publication of Results. Not applicable.
Summary. HUD believes that the administrative burden imposed by
implementation of Section 214 will not be substantial. Although
tracking of citizenship and noncitizenship status has not been
undertaken to date, HUD believes that the number of noncitizens with
ineligible immigration status residing in HUD public housing or
assisted housing is low. HUD bases this belief on the fact that
waiting for HUD housing assistance can take several years, the
paperwork, to the completed to obtain HUD housing assistance is not
insignificant, and citizenship and noncitizenship verification is
already undertaken with other forms of Federal benefits (e.g., food
stamps, Aid to families forms of Federal benefits (e.g., food
stamps, Aid to Families with Dependent children), and frequently
families for HUD housing assistance also will be recipients of other
forms of benefits. [[Page 27538]]
HUD believes that the burden on housing authorities and project
owners will not be onerous for the reason set forth above, and also
because documentation of citizenship or noncitizenship status is
similar to and can be undertaken at the same time as determination
of income eligibility. Additionally the house authority and project
owner is not required to assist the family in obtaining evidence or
to determine the validity of the evidence submitted.
For family members, the burden should be minimal because for
citizens only a declaration is required. For noncitizens with
eligible immigration status, such noncitizens should have with them
their evidence of eligible immigration status.
[FR Doc. 95-12714 Filed 5-23-95; 8:45 am]
BILLING CODE 4210-32-M
