[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16694]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing
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Notice of Fund Availability for the Rental Voucher Program and Rental
Certificate Program
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3789; FR-3705-N-01]
NOFA for the Rental Voucher Program and Rental Certificate Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of fund availability for FY 1994 and procedures for
allocating funds and approving housing agency applications.
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SUMMARY: The purpose of the Rental Voucher and the Rental Certificate
Programs is to assist eligible families to pay the rent for decent,
safe, and sanitary housing. This notice states the fund allocation
available for award of ``fair share'' rental vouchers and rental
certificates. The notice identifies the amount of housing assistance
budget authority available for each allocation area and HUD State or
Area Office jurisdiction during Fiscal Year 1994.
This notice also:
(1) Invites Public Housing Agencies (PHAs) and Indian Housing
Authorities (IHAs), herein referred to as housing agencies (HAs), to
submit applications for housing assistance funds;
(2) Provides instructions to HAs governing the submission of
applications; and
(3) Describes procedures for rating, ranking, and approving HA
applications.
DATES: Applications for all funding under this NOFA must be received in
the HUD State or Area Office/Native American Programs Office by 3:00
p.m. local time (i.e., time at the office where the application is
submitted) on August 25, 1994.
ADDRESSES: The basic application, Form HUD-52515, and all other
necessary application materials may be obtained from, and completed
applications are to be submitted to, the appropriate HUD State or Area
Office/Native American Programs Office for the jurisdiction in which
the applicant is located (see Section II, Application Processing, of
the NOFA).
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Branch, Rental Assistance Division, Office of Public and Indian
Housing, Room 4220, Department of Housing and Urban Development, 451
Seventh Street SW., Washington, DC 20410-8000, telephone (202) 708-
0477. Hearing- or speech-impaired individuals may call HUD's TDD number
(202) 708-4594. (These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget (OMB), under
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and have been assigned OMB control number 2577-0169.
I. Purpose and Substantive Description
A. Authority
The regulations governing the Rental Certificate and the Rental
Voucher Programs are published at 24 CFR parts 882 and 887,
respectively. The regulations for allocating housing assistance budget
authority under section 213(d) of the Housing and Community Development
Act of 1974 are published at 24 CFR part 791, subpart D.
B. Allocation Amounts
(1) Housing Needs Formula
In this fiscal year, approximately $975 million of budget authority
for the rental voucher and certificate programs is available for fair
share formula allocation. (This amount may be reduced by up to $100
million (or some other amount) to increase the level of funding for
litigation or desegregation.) This funding will support additional
units for HA rental voucher and rental certificate programs. Of this
amount, approximately $624 million is for rental vouchers and
approximately $351 million is for rental certificates. This budget
authority is being allocated to HUD State or Area Office and allocation
areas under this NOFA, using the housing needs factors established in
accordance with 24 CFR 791.402. For purposes of this NOFA, the
Department is using the metropolitan area designations that were in
effect prior to December 31, 1992, since detailed census data
tabulations for the new metropolitan area designations are not
available, yet. In addition, $51.3 million is retained in a
Headquarters Reserve which will not be allocated by formula.
(2) Metropolitan/Non-Metropolitan Mix
Separate housing needs factors were developed for the metropolitan
and non-metropolitan allocation areas within each HUD State or Area
Office jurisdiction. On a nationwide basis, approximately 90 percent of
the Fiscal Year 1994 ``fair share'' budget authority for the Rental
Voucher Program and Rental Certificate Program is designated for
metropolitan areas. The metropolitan housing needs factors were applied
to the housing assistance budget authority available for use in
metropolitan areas and the non-metropolitan housing needs factors were
applied to the housing assistance budget authority available for use in
non-metropolitan areas.
The allocation areas were established by the HUD field offices to
ensure sufficient competition among HAs (including State and regional
or multi-county HAs) operating housing programs within the HUD-
established allocation areas.
(3) Program Type
This notice announces the fair share allocation of housing
assistance budget authority (See Attachment 1) for the Rental Voucher
Program and for the Rental Certificate Program to each HUD State or
Area Office for designated allocation areas, based on the housing needs
factors. The allocation of housing assistance budget authority to each
allocation area, however, is the total for both programs. The
allocations have been structured to give HUD State or Area Offices
flexibility in approving HA applications for the rental voucher program
or the rental certificate program. It is not necessary that each
allocation area within a HUD State or Area Office jurisdiction be
provided both rental vouchers and rental certificates. This notice also
provides, for each allocation area, an estimate of the total number of
rental vouchers and rental certificates that could be funded from the
housing assistance available in the allocation area. These estimates
are based on the average fair market rents for two-bedroom units in the
HUD State or Area Office's jurisdiction. The actual number of units
assisted will vary from these estimates in the actual bedroom size mix
that is funded in a given area.
(4) Potential Additional Funding
If additional rental voucher or rental certificate funding becomes
available for incremental use during Fiscal Year 1994, the Department
plans to distribute any additional funding to HUD State or Area Offices
using the same percentage distribution as reflected in Attachment 1 to
this NOFA. Any additional funding will be used under the competitive
requirements of this NOFA to fund HA applications which were approvable
but not funded, or approved and funded at less than 100 percent of the
requested amount.
C. Family Self-Sufficiency Program
Unless specifically exempted by HUD, any rental voucher or rental
certificate funding reserved in FY 94 (except funding for renewals or
amendments) will be used to establish the minimum size of a PHA's FSS
program.
D. HA Eligibility
All HAs are invited by this notice to submit applications for the
incremental funding for the Rental Voucher Program (24 CFR part 887)
and the Rental Certificate Program (24 CFR part 882).
II. Application Process
A. Application Requirements
All the items in Section III of this NOFA must be included in the
application submitted to the HUD State or Area Office/Native American
Programs Office. The application may include an explanation of how the
application meets, or will meet, the selection criteria listed in this
NOFA. The maximum point total available under the selection criteria in
this NOFA is 95.
B. Selection Criteria/Rating Factors
(1) Selection Criterion 1
HA Administrative Capability (40 points).
(a) Description: Overall HA administrative capability in the Rental
Voucher, Rental Certificate, and Moderate Rehabilitation Programs is
either excellent or good. Administrative Capability is evidenced by
factors such as leasing rates and correct administration of housing
quality standards (HQS), compliance with the portability requirements
for rental vouchers and rental certificates, compliance with Fair
Housing and Equal Opportunity program requirements, assistance payment
computation, timely submission of budgets and financial statements, and
rent reasonableness requirements. For purposes of this NOFA, an HA
administering a Rental Voucher, Rental Certificate, or Moderate
Rehabilitation Program will not be rated on the administration of its
Public or Indian Housing Program. If an HA is not administering a
Rental Voucher, Rental Certificate, or Moderate Rehabilitation Program,
HUD will rate HA administration of the Public or Indian Housing
Program. If an HA is not administering a Rental Voucher, Rental
Certificate, Moderate Rehabilitation, Public Housing or Indian Housing
Program, HUD will assess the administrative capability of the HA based
on such factors as experience of staff, support of the HA by the local
government, and the HA's administrative experience with non-HUD housing
programs.
(b) Rating and Assessment:
(i) HUD review of HA Operations:
8 Points--Assign 8 points if HA has no review findings
outstanding, or all review findings have been corrected, for HUD HA
management reviews, Fair Housing & Equal Opportunity reviews, or
Inspector General audits as of the deadline date for submission of
applications under this NOFA.
5 Points--Assign 5 points if HA has less than five review
findings outstanding and all findings are being addressed.
2 Points--Assign 2 points if HA has five or more review
findings outstanding and all findings are being addressed.
0 Points--Assign 0 points if HA has any review findings
outstanding and the findings are not being addressed.
(ii) Compliance with Section 8 Portability rules:
8 Points--Assign 8 points if HA is in compliance with all
provisions of the portability rules.
5 Points--Assign 5 points if HA is in general compliance
with portability rules, but has some minor compliance issues.
2 Points--Assign 2 points if HA has some major compliance
issues under portability which are being addressed.
0 Points--Assign 0 points if HA is not in compliance with
portability rules and issues are not being addressed.
(iii) Housing Quality Standards (HQS) Inspections:
8 Points--Assign 8 points if HA had more than 95% of its
units pass HQS inspections by HUD at the last review or HUD is aware of
actions taken by the HA to improve the number of units that pass HQS
inspections to 95% or more.
6 Points--Assign 6 points if HA had more than 90% of its
units pass HQS inspections by HUD at the last review, or HUD is aware
of actions taken by the HA to improve the number of units that pass HQS
inspections to 90% or more.
4 Points--Assign 4 points if HA had more than 85% of its
units pass HQS inspections by HUD at the last review, or HUD is aware
of actions taken by the HA to improve the number of units that pass HQS
inspections to 85% or more.
2 Points--Assign 2 points if HA had more than 80% of its
units pass HQS inspections by HUD at the last review, or HUD is aware
of actions taken by the HA to improve the number of units that pass HQS
inspections to 80% or more.
0 Points--Assign 0 points if HA had 80% or less of its
units pass HQS inspections by HUD at the last review and HUD is not
aware of actions taken by the HA to improve the number of units that
pass HQS inspections to 80% or more.
(iv) Percentage of Units Leased as of September 30, 1993. HUD staff
should use the percentage of units under ACC for a period of one year
for the tenant-based rental assistance programs administered by an HA.
HUD may use a report on leasing for another period if the September 30,
1993, report is not reflective of HA performance.
8 Points--Assign 8 points if HA had 98% or more of its
rental certificates and rental vouchers under lease.
6 Points--Assign 6 points if HA had 96% or more of its
rental certificates and rental vouchers under lease.
4 Points--Assign 4 points if HA had 94% or more of its
rental certificates and rental vouchers under lease.
2 Points--Assign 2 points if HA had 90% or more of its
rental certificates and rental vouchers under lease.
0 Points--Assign 0 points if HA had less than 90% of its
rental certificates and rental vouchers under lease.
(v) Timely Submission of HA Budget and Financial Statements to HUD.
8 Points--Assign 8 points if the HA submitted both its
most recent fiscal year Section 8 budget at least 30 days prior to the
start of the HA fiscal year and its year-end Section 8 annual financial
statements within the required 45 days of the end of the HA's fiscal
year.
4 Points--Assign 4 points if the HA submitted either its
most recent fiscal year budget at least 30 days prior to the start of
the HA's fiscal year or its year-end Section 8 annual financial
statements within the required 45 days of the end of the HA fiscal
year.
0 Points--Assign 0 points if the HA is unable to document
the timely submission of the budget and financial statements.
(2) Selection Criterion 2: Underfunding of Housing Needs (45
points).
(a) Description: The degree to which the housing needs of the
primary area specified in the HA's application from which the HA draws
families to assist (primary area) have previously been underfunded,
relative to the needs of other localities within the same allocation
area, taking into account such factors as the number of assisted
housing units and the number of very low-income renter households with
housing problems, eligible for such assistance. The HUD State or Area
Office/Native American Programs Office will, wherever practicable,
consider needs being met by all Federally assisted rental housing
programs, including the FmHA Section 515 Rural Rental Housing program,
but will, as a minimum, consider assistance provided under the Rental
Voucher Program, the Rental Certificate Program, other Section 8
Programs, and the Public or Indian Housing Program.
In accordance with Notice PIH 91-45 (HUD), the HUD State or Area
Office/Native American Programs Office will notify FmHA of applications
it receives and ask that FmHA provide advisory comments concerning the
market for additional assisted housing or the possible impact the
proposed units may have on FmHA projects. Applications for which FmHA
has provided comments expressing concerns about market need or the
continued stability of existing FmHA projects, with which HUD agrees,
will receive zero points for this criterion.
(b) Rating and Assessment: To receive points under this criterion,
an application must propose funding in an area which has been
previously underfunded or proportionately funded relative to the need
for housing in the same allocation area.
The assignment of points is based on the degree to which the needs
in the primary area specified in the application have been underfunded,
taking into account the number of assisted housing units and the number
of very low-income renter households with housing problems. The
determination of point values will be based on a comparison of the
percentage of housing need served in the primary area specified in the
application to the percentage of need served in the allocation area
since the 1990 census. The percentages for the allocation areas and the
primary areas are to be rounded to the nearest whole number.
The HUD State or Area Office/Native American Programs Office will
evaluate whether housing need in the primary area specified in the
application has been underfunded and will assign one of the three
point-values, as follows:
45 Points. Housing need in the primary area specified in
the application has been severely underfunded. A primary area with a
percentage of need served that is equal to or less than one-third the
allocation area's percentage will be determined to be severely
underfunded.
30 Points. Housing need in the primary area specified in
the application has been moderately underfunded. An application with a
percentage of need served that is greater than one-third the allocation
area's percentage but equal to or less than two-thirds of the
allocation area percentage will be determined to be moderately
underfunded.
15 Points. Housing need in the primary area specified in
the application has been proportionately funded. An application with a
percentage of need served that is greater than two-thirds the
allocation area's percentage but equal to or less than the allocation
area percentage will be determined to be proportionately funded.
0 Points. Housing need in the primary area specified in
the application has been overfunded. A primary area with a percentage
of need served that is greater than the allocation area percentage will
be determined to have been overfunded.
(3) Selection Criterion 3: Local Initiatives (5 points).
(a) Description. The application must describe the extent to which
HAs demonstrate locally initiated efforts in support of their Rental
Voucher and Rental Certificate Programs or comparable tenant-based
rental assistance programs. Evaluation of a locality's contribution is
measured competitively by the extent to which a locality is able to
provide services or cash contributions or demonstrate its intention to
provide this kind of support in the future, as compared to services or
contributions provided by other localities of like program size.
(b) Rating and Assessment. The HUD State or Area Office/Native
American Programs Office will assign one of two point-values, as
follows:
5 points: The State or locality provides significant local
support (e.g., financial, manpower for inspection services) to its
Rental Voucher or Rental Certificate Program.
2 points: The State or locality provides minimal local
support to its Rental Voucher or Rental Certificate Program.
0 points: The State or locality does not provide support
to the HA's Rental Voucher or Rental Certificate Program.
(4) Selection Criterion 4: Efforts of HAs to Establish a Family
Self-Sufficiency Program (10 points Deduction).
(a) Description: The application must describe the efforts
undertaken by the PHA to establish a Section 8 Family Self-Sufficiency
(FSS) program including (1) submission to HUD of an Action Plan, and
(2) creation of a Program Coordinating Committee. If a PHA is not
administering a Rental Voucher or Rental Certificate Program, the HUD
State or Area Office will rate HA administration of the Public Housing
FSS program, if applicable. All activities rated under this criterion
must have been completed prior to the submission of an application
under this NOFA. The score of the PHA application must be reduced if
the PHA received an FSS Incentive award of Section 8 funding in FY 1992
and the PHA has failed to complete the required implementation steps as
described below. Also, the score of a PHA application must be reduced
if the PHA received funding in FY 1993 (unless the HUD State or Area
Office granted a total exception to the FSS program requirement) and
the PHA has failed to complete the required implementation steps as
described below.
(b) Rating and Assessment: The HUD State or Area Office must deduct
point values as shown below:
10 point Deduction--Deduct 10 points if (1) the HA has
failed to establish a Program Coordinating Committee and provide the
names, duties and experience of all members (24 CFR 984.202(a) & (b))
to HUD, and (2) the HA has failed to submit an Action Plan to HUD
within 90 days of notification by HUD of approval of the PHA's
application for units under the FY 91/92 FSS incentive award
competition or HUD approval of the HA's first application, commencing
in FY 93, for rental certificates or rental vouchers (24 CFR
984.201(c)(1)).
5 point Deduction--Deduct 5 points if (1) the HA has
failed to establish a Program Coordinating Committee and provide the
names, duties and experience of all members or (2) the HA has failed to
submit an Action Plan in accordance with 24 CFR 984.201(c)(1).
(5) Selection Criterion 5: Efforts of HA to Provide Area-Wide
Housing Opportunities for Families (5 points).
(a) Description: Many HAs have undertaken voluntary efforts to
provide area-wide housing opportunities for families. HAs in
metropolitan and non-metropolitan areas are eligible for points under
this criterion. These HAs have established cooperative agreements with
other HAs or created a consortium of HAs in order to facilitate the
transfer of families and their rental assistance between HAs. In
addition, HAs have established relationships with non-profit groups to
provide families with additional counseling to increase the likelihood
of a successful move by the families to low-poverty areas.
(b) Rating and Assessment: The HUD State or Area Office/Native
American Programs Office will assign point values as shown below:
5 points--Assign 5 points if the HA documents that it has
taken steps to increase area-wide housing opportunities for families
such as being a member of an established consortium of HAs including at
least 50 percent of the HAs in its housing market, providing extra
counseling to families, establishing a relationship with other groups
including non-profit agencies, or participating in other activities
that facilitate area-wide housing opportunities for families.
0 Points--Assign 0 points if the HA is unable to document
area-wide efforts as shown in this criterion.
C. Unacceptable Applications
(1) After the 14-calendar day technical deficiency correction
period (refer to Section IV, Corrections to Deficient Applications, of
this NOFA), the HUD State or Area Office/Native American Programs
Office will disapprove HA applications that it determines are not
acceptable for processing (refer to Section III(F), Checklist of
Technical Requirements, of this NOFA). The HUD State or Area Office/
Native American Programs Office notification of rejection letter must
state the basis for the decision.
(2) Applications that fall into any of the following categories
will not be processed:
(a) The Department of Justice has brought a civil rights suit
against the applicant HA, and the suit is pending.
(b) 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.
(c) 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 non- compliance.
(d) 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).
(e) The HA has serious unaddressed, outstanding Inspector General
audit findings, fair housing and equal opportunity monitoring review
findings, or HUD State or Area Office/Native American Programs Office
management review findings for one or more of its Rental Voucher,
Rental Certificate, or Moderate Rehabilitation Programs, or, in the
case of an HA that is not currently administering a Rental Voucher,
Rental Certificate, or Moderate Rehabilitation Program, for its Public
Housing Program or Indian Housing Program.
(f) The leasing rate for rental vouchers and rental certificates
under ACC for at least one year is less than 85 percent, or, in the
case of an HA not currently administering a Rental Voucher or Rental
Certificate Program, the leasing rate for all units available for
occupancy in the Public or Indian Housing Program is less than 85
percent. (For a State or regional HA, the HUD State or Area Office/
Native American Programs Office shall determine the HA's combined
leasing rate for metropolitan and non-metropolitan areas, and shall use
the combined rate in determining whether to accept the application
under this paragraph.)
(g) The HA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the HA to administer an
additional increment of rental vouchers or rental certificates.
D. Local Government Comments
Section 213 of the Housing and Community Development Act of 1974
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 State or Area
Office/Native American Programs 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 should
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. Since HUD cannot approve
an application until the 30-day comment period is closed, the Section
213 letter should 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 local unit of
government.
E. Funding Applications
(1) Maximum Funding Allowed. The HUD State or Area Office/Native
American Programs Office may not approve funding for an HA under this
NOFA for more than the greater of 10 percent of the HA rental vouchers
and rental certificates under reservation or 50 units.
(2) Minimum Funding Allowed. The HUD State or Area Office/Native
American Programs Office may not approve funding for an HA under this
NOFA for less than 25 units, unless:
(a) The HA requests fewer than 25 units; or
(b) The residual budget authority in using the rank order funding
process after funding higher ranked applications is insufficient to
fund at least 25 units; or
(c) The total budget authority available to the allocation area
will fund less than 25 units.
(3) Funding Procedure. The HUD State or Area Office must develop a
procedure for approval of applications (including applications rated by
the Native American Programs Office) for each allocation area in rank
order until all the housing assistance budget authority is used. Where
a HUD State or Area Office funds applications according to rank order
for each allocation area, only to find it has some number of units
left, but not enough to fund the next fundable application in its
entirety or for the minimum of 25 units, that application can be funded
to the extent of the number of units available.
The HUD State or Area Office may elect to approve 100 percent of
the units requested in all applications that score above a HUD State or
Area Office-determined funding cut-off, up to the maximum number of
units allowed.
The HUD State or Area Office may elect to approve less than 100
percent of the units requested in all applications for each allocation
area that score above a HUD State or Area Office-determined funding
cut-off, up to the maximum number of units allowed.
If applications are to be funded at less than 100 percent of the
units requested in the applications, the HUD State or Area Office must
either (i) approve the same percentage of the number of units requested
in each application or (ii) divide approvable applications into two or
more categories, for example, those scoring over 80 points, and those
scoring between 50 and 80 points.
If the HUD State or Area Office elects to divide applications into
two categories, the HUD State or Area Office may choose to approve a
different percentage for applications in each of the two ranking
categories so that a higher percentage of units requested would be
approved for all applications in the higher category and a lower
percentage of units requested would be approved for all applications in
the lower category. The HUD State or Area Office must approve the same
percentage of each application within each of the two ranking
categories unless there are insufficient funds to approve the minimum
25 units. If the HUD State or Area Office is unable to fund all the
applications for the minimum funding allowed in either of the two
categories, the HUD State or Area Office must reduce the applicable
percentage factor in the category in order to fund all applications for
the minimum 25 units (unless the HA requested less than 25 units or the
total budget authority available to the allocation area will fund less
than 25 units).
If an HA applies for a specific program (i.e., rental vouchers or
rental certificates) and funding for the specified program is not
available in the metropolitan area or non-metropolitan allocation area,
the HUD State or Area Office will award the available form of
assistance, even though not specifically requested by the applicant.
The HUD State or Area Office must promptly notify the applicable
Native American Programs Office for each allocation area as to the
status of any applications from IHAs and, if applicable, the amount of
budget authority to be made available for IHA applications that were
rated high enough to receive funding.
F. Reallocations of Funds
Each HUD State or Area Office must make every reasonable effort to
use all available funds. It may be necessary, however, to reallocate
funds from one HUD State or Area Office to another when the funds are
not likely to be used in the HUD State or Area Office to which they
were initially assigned. In such cases, the following procedures shall
be followed:
(1) Reallocations Within the Same State. If the allocation of funds
to a HUD State or Area Office cannot be awarded within the office
jurisdiction during Fiscal Year 1994, Headquarters will reallocate
those funds to another HUD State or Area Office in the same State where
they can be used during Fiscal Year 1994.
(2) Reallocations Between States. If a HUD State or Area Office
cannot use funds within the same State, Headquarters will reallocate
those funds to another HUD State or Area Office for use in a State
where they can be used during Fiscal Year 1994.
(3) Reallocations Between Metropolitan and Non-metropolitan Areas.
The HUD State or Area Office must follow the original fund assignments
for metropolitan and non-metropolitan areas when it reallocates unused
budget authority among allocation areas. If there are not enough
approvable applications for the designated metropolitan or non-
metropolitan budget authority, the HUD State or Area Office may switch
the budget authority between a metropolitan and a non-metropolitan area
within the same State, provided that an offsetting switch can be made
in another State within the HUD State or Area Office. If an offsetting
switch cannot be made and the metropolitan or non-metropolitan amounts
require changes to the fund assignments, the HUD State or Area Office
must obtain the approval of the Budget Division, Office of Management
and Policy, Office of Public and Indian Housing, before switching
budget authority between a metropolitan and a non-metropolitan area.
(4) A request for Headquarters approval of a reallocation within or
between States must explain the reasons that funds cannot be used in
the original State, the amount being withdrawn from the original State,
the program type, and the metropolitan/non-metropolitan mix, and the
amount to be reallocated. These requests must be submitted to
Headquarters (ATTENTION: Budget Division, Office of Management and
Policy, Office of Public and Indian Housing) for approval.
G. Notification of Funds Awarded
(1) After the HUD State or Area Offices have reviewed, rated, and
ranked applications, and the HUD State or Area Offices and Native
American Programs Offices have approved the applications, each HUD
State or Area Office and each Native American Programs Office must
submit to Headquarters a list of all approved applications. The
application approval list is due in Headquarters (ATTENTION: Rental
Assistance Division, Office of Public and Indian Housing) on the tenth
working day following the date set by Headquarters for completion of
application ranking and selections.
(2) The Offices must provide the following information for each
application approved:
(a) The name and address of the HA;
(b) The project number, and the number of rental vouchers and the
number of rental certificates, as applicable, approved for the HA; and
(c) The amount of contract authority and budget authority, stated
separately for rental vouchers and rental certificates.
H. Administrative Fees
(1) The administrative fees for incremental units in the Fiscal
Year 1994 appropriations are specified as follows:
(a) FY 1994 Incremental (Fees Provided by FY 1994 Appropriation):
------------------------------------------------------------------------
Rental Rental
vouchers certificates
------------------------------------------------------------------------
(1) On-going.................................... 8.2% 8.2%
(2) Preliminary................................. $275 $275
(3) Hard-to-House............................... $45 $45
------------------------------------------------------------------------
(b) FY 1994 Opt-outs/Public Housing Demolition (Replacements and
Relocation) Section 23 Conversions:
------------------------------------------------------------------------
Rental Rental
vouchers Certificates
------------------------------------------------------------------------
(1) On-going.................................... 6.5% 7.65%
(2) Preliminary................................. $215 $250
(3) Hard-to-House............................... $45 $45
------------------------------------------------------------------------
(c) Renewal of Rental Vouchers and Rental Certificates:
------------------------------------------------------------------------
Rental Rental
vouchers certificates
------------------------------------------------------------------------
(1) On-going.................................... 6.5% 7.65%
(2) Preliminary................................. $0 $0
(3) Hard-to-House............................... $45 $45
------------------------------------------------------------------------
(2) For budget preparation, submission of requisitions, and
approving year-end operating statements, HAs should use the March 2,
1994, Notice PIH 94-9, Administrative Fee Requirements for the Section
8 Rental Voucher and Rental Certificate Programs, to determine the
blended rate for all rental voucher or rental certificate increments
for a given HA.
I. Headquarters Reserve
The Department is retaining in a Headquarters Reserve approximately
$51.3 million of the $1.0 billion of budget authority available for
allocation by formula for rental vouchers and rental certificates.
Funds in the Headquarters Reserve will not be allocated by formula
because these funds will be used in connection with natural disasters,
litigation, desegregation, and other housing emergencies, consistent
with 24 CFR 791.407. Headquarters will notify HAs when they are
eligible to receive assistance from the Headquarters Reserve and may
invite the HAs to submit applications.
J. Other Allocations
In addition to the budget authority for ``fair share'' rental
vouchers and rental certificates, additional budget authority
(including carryover budget authority) is available for allocation in
Fiscal Year 1994 for rental vouchers and rental certificates for the
following purposes:
(1) Relocation, Demolition and Disposition (HOPE I, II, Section 5(h),
Section 18 and Urban Revitalization)
Headquarters will allocate funds directly to the HUD State or Area
Offices to assist families living in public housing projects that are
being demolished or disposed with HUD approval; to provide replacement
housing in connection with Section 18, Urban Revitalization, HOPE I or
Section 5(h) activities; or relocation assistance to families affected
by HOPE I, HOPE II, and Section 5(h) activities; or assistance to non-
purchasing families affected by HOPE II activities. HUD State or Area
Office/Native American Programs Office requests for funding under this
category will be approved on a first-come, first-served basis after
notification by HUD that an application for public housing demolition
or disposition, Section 18, Urban Revitalization, HOPE I, HOPE II, or
Section 5(h) was approved. HUD State or Area Office/Native American
Programs Office requests should include all data pertinent to
determining the eligibility of the request for funding under the
appropriate program and the amount of funds required. Replacement
housing assistance will be provided in the form of 5-year rental
voucher or rental certificate funding. (Approximately 2,988 units and
$99.852 million in budget authority.)
(2) Rental Voucher and Rental Certificate Renewals
Headquarters will allocate funds directly to the HUD State or Area
Offices/Native American Programs Offices for the renewal of rental
voucher and rental certificate funding increments expiring in Fiscal
Year 1994. Renewal funding will be provided in-kind (i.e., rental
voucher funding for expiring rental voucher increments, and rental
certificate funding for expiring rental certificate increments).
(Approximately 177,000 units and $4.7 billion in budget authority.)
(3) Section 23 Conversions
Headquarters will allocate rental certificate funds directly to the
HUD State or Area Offices for tenant-based rental assistance to
residents of Section 23 leased housing for which leases are expiring.
HUD State or Area Office requests for funding under this category will
be approved on a first-come, first-served basis. HUD State or Area
Offices must include all data necessary to determine the amount of
funds required. (Approximately 374 units and $7.4 million in budget
authority.)
(4) Section 8 Amendments
Headquarters will allocate Rental Certificate Program cost
amendments to provide budget authority increases to HA rental
certificate programs. Headquarters will allocate the funds on an as
needed basis. (Approximately $289.6 million in budget authority.)
(5) HA Portability Fees
Headquarters will allocate these funds to pay special preliminary
fees to HAs under Rental Voucher and Rental Certificate Program
portability provisions. The Department issued a HUD Notice PIH 92-14
(PHA), dated April 22, 1992, that describes administrative procedures
for requesting the special preliminary fees. These funds will be
allocated to the HAs on a first-come, first-served basis.
(Approximately $6 million in budget authority.)
(6) Litigation
Headquarters will allocate funding to meet the anticipated needs in
settlement of litigation. (Approximately 1,312 units and $43.8 million
in budget authority.)
(7) Moving to Opportunity Demonstration--National Competition
Headquarters will allocate funding to assist families with children
to move out of areas with high concentrations of persons living in
poverty through contracts with nonprofit organizations. Appropriations
were provided for rental certificates and rental vouchers to be used in
a demonstration limited to cities with populations over 350,000 in
metropolitan areas of over 1,500,000 population. HUD will conduct a
national competition for Section 8 funding. The criteria will be
published in a NOFA. (Approximately 4,364 units and $164 million in
budget authority.)
(8) Family Unification Demonstration--National Competition
Headquarters will allocate funding to assist families with children
for whom the lack of adequate shelter is a primary factor which would
result in the imminent placement of the family's child, or children, in
out-of-home care or delay in the discharge of the child, or children,
to the family from out-of-home care. HUD will conduct a national
competition for Section 8 funding. The criteria will be published in a
NOFA. (Approximately 2,200 units and $77.4 million in budget
authority.)
(10) Veterans Affairs Supportive Housing--National Competition
Headquarters will allocate funding under this joint effort between
HUD and the Department of Veterans Affairs whereby rental vouchers are
provided to assist homeless veterans to obtain rental housing after
they have received treatment from a Veterans Affairs (VA) medical
facility. HUD is conducting a national competition. The criteria will
be published in a NOFA. (Approximately 700 units and $18.35 million in
budget authority.)
(12) Disaster Funding for Northridge, CA Earthquake
Headquarters allocated funding from a supplemental appropriation
from Congress for rental certificates to assist very low-income
families who were involuntarily displaced from their homes as a result
of the Northridge earthquake in the Los Angeles area. (Approximately
15,000 units and $200 million in budget authority.)
III. Checklist of Application Submission Requirements
A. Obtaining Application Materials
An Application Kit, which includes Form HUD-52515, Application for
Existing Housing, may be obtained from the local HUD State or Area
Office/Native American Programs Office. (Except as provided for Indian
Housing Authorities in Section III(B), Submitting Applications, of this
NOFA, only an original application and one copy should be submitted; it
is not necessary to submit additional copies of the application.) In
addition, the basic application and other required submissions are
available from the HUD State or Area Office, as follows: Form HUD-
52515; Certification for a Drug- Free Workplace; Text for the
Certification Regarding Lobbying; and Standard Form LLL, Disclosure of
Lobbying Activities.
B. Submitting Applications
HA applications must be received in the HUD State or Area Office/
Native American Programs Office by 3:00 p.m. local time (i.e., the time
at the office where the application is to be submitted) on August 25,
1994.
The Native American Programs Office is the place of official
receipt for IHA applications. An IHA also must submit, at the same
time, a copy of its application to the HUD State or Area Office that
has jurisdiction over the portion of the State in which the IHA is
located. HUD State or Area Offices/Native American Programs Offices
will be responsible for notifying their HAs of the exact address and
room number where applications are to be submitted. Copies transmitted
via facsimile (FAX) transmission will not be accepted for processing.
C. General
(1) Applications must be submitted to the local HUD State or Area
Office/Native American Programs Office on Form HUD-52515 in accordance
with the applicable program regulations.
(2) The application should include a narrative description of how
the application meets, or will meet, the application selection
criteria. Failure to submit a narrative description is not cause for
application rejection; however, the HUD State or Area Office/Native
American Programs Office can only rate and rank the application based
on information the Office has on-hand.
(3) Attachment 1 at the end of this notice lists the HUD State or
Area Offices and the number of units and budget authority available for
each allocation area. HAs should limit their applications for the
``fair share'' program to a reasonable number of rental vouchers and
rental certificates, based on the capacity of the HA to lease all the
units within 12 months of ACC execution. The number of units on the HA
application may not exceed the greater of: (a) Ten percent (10%) of the
total rental vouchers and rental certificates under reservation for the
HA; or (b) 50 units.
(4) HAs shall submit only one application (Form HUD-52515) for an
allocation area. If both rental vouchers and rental certificates are
requested on the same application, then the application will be given
two project numbers, one for the Rental Voucher Program and one for the
Rental Certificate Program. The total number of units applied for may
not exceed the ten percent or 50-unit limitation.
(5) Regional and State-wide HAs may submit one application for each
allocation area, and each application will be considered separately.
Each regional or State-wide HA application may request up to ten
percent (10%) of the total rental vouchers and rental certificates the
HA has under reservation for each allocation area as applicable, or 50
units, whichever is greater.
(6) The HUD State or Area Office/Native American Programs Office
will reduce the number of units requested in any application that
exceeds the ten percent or 50-unit limit to the greater of ten percent
(10%) of the total number of rental vouchers and rental certificates
identified on the latest HUD-approved budget for the HA.
D. Certification Regarding Drug-Free Workplace
The Drug-Free Workplace Act of 1988 requires grantees of Federal
agencies to certify that they will provide a drug-free workplace. Thus,
each HA must certify (even though it has done so previously) that it
will comply with the drug-free workplace requirements in accordance
with 24 CFR part 24, subpart F.
E. Certification Regarding Lobbying
Section 319 of the Department of the Interior Appropriations Act,
Public Law 101-121, approved October 23, 1989, (31 U.S.C. 1352) (the
Byrd Amendment) generally prohibits recipients of Federal contracts,
grants, and 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 Department's
regulations on these restrictions on lobbying are codified at 24 CFR
part 87. To comply with 24 CFR 87.110, any HA (other than an IHA that
meets the definition of ``person'' in 24 CFR 87.105) submitting an
application under this NOFA for more than $100,000 of budget authority
assistance must submit a certification and, if warranted, a Disclosure
of Lobbying Activities. To assist HAs, the texts for the Certification
Regarding Lobbying and Standard Form LLL, Disclosure Form to Report
Lobbying are available from the HUD State or Area Office.
F. Checklist for Technical Requirements
The following checklist specifies the required information that
must be submitted in the HA's application. It is recommended, but not
required, that the application contain a narrative explaining how the
application meets the selection criteria.
Initial Screening Checklist--Application for Rental Vouchers and Rental Certificates
----------------------------------------------------------------------------------------------------------------
Housing agency HUD state or area
----------------------- office
------------------------
Yes No Yes No
----------------------------------------------------------------------------------------------------------------
{time} {time} {time} {time} The application contains a completed Form HUD 52515.
{time} {time} {time} {time} The application specifies the number of rental vouchers and/or
rental certificates requested.
{time} {time} {time} {time} The application states by number of bedrooms the total number of
units requested by the HA (i.e., one bedroom units, two bedroom
units).
{time} {time} {time} {time} The application demonstrates that it is responsive to the
condition of the housing stock in the community and the housing
assistance needs of low income families (including the elderly,
handicapped, disabled, large families and those displaced)
residing in or expected to reside in the community.
{time} {time} {time} {time} The application demonstrates that the applicant qualifies as a
public housing agency and is legally qualified and authorized
to participate in the rental assistance programs for the area
in which the programs are to be carried out. Such demonstration
includes: (i) The relevant enabling legislation, (ii) any rules
and regulations adopted or to be adopted by the agency to
govern its operations, and (iii) a supporting opinion from the
agency counsel. If such documents are currently on file in the
HUD State or Area Office/Native American Programs Office, they
do not have to be resubmitted.
{time} {time} {time} {time} The application includes a statement that the housing quality
standards to be used in the operation of the program will be as
set forth in 24 CFR 882.109 and/or 24 CFR 887.251 or that
variations in the Acceptability Criteria are proposed or have
been approved by the HUD State or Area Office/Native American
Programs Office. In the latter case, each proposed variation
shall be specified and justified.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Housing agency Field office
-----------------------------------------------
Yes No Yes No
----------------------------------------------------------------------------------------------------------------
{time} {time} {time} {time} The application contains the HA schedule of leasing, which must
provide for the expeditious leasing of units in the program. In
developing the schedule, an HA must specify the number of units
in the program that are expected to be leased at the end of
each three-month interval. The schedule must project lease-up
by eligible families within twelve months or sooner after
execution of the ACC by HUD.
{time} {time} {time} {time} The application (for rental vouchers and/or rental certificates)
contains estimates of the average adjusted income for
prospective participants for each bedroom size.
----------------------------------------------------------------------------------------------------------------
Requirement for Drug-Free Workplace Certification, and Anti-Lobbying Certification and Disclosure Statement
----------------------------------------------------------------------------------------------------------------
Housing agency Field office
-----------------------------------------------
Yes No Yes No
----------------------------------------------------------------------------------------------------------------
{time} {time} {time} {time} The application meets HUD's drug-free workplace requirements set
out at 24 CFR part 24, subpart F. (The application contains an
executed Certification for a Drug-Free Workplace.)
{time} {time} {time} {time} The application meets HUD's regulations regarding anti-lobbying
set out at 24 CFR 87. The anti-lobbying requirements apply to
applications that, if approved, would result in the HA
obtaining more than $100,000 in budget authority. The
Department has determined that IHAs established by an Indian
tribe as a result of the exercise of their sovereign power are
excluded from coverage, but IHAs established under State law
are not excluded from coverage. To comply, HAs must submit an
Anti-lobbying Certification and, if warranted, a Disclosure of
Lobbying Activities.
----------------------------------------------------------------------------------------------------------------
IV. Corrections to Deficient Applications
To be eligible for processing, an application must be received by
the appropriate HUD State or Area Office/Native American Programs
Office no later than the date and time specified in Section II of this
NOFA. The HUD State or Area Office/Native American Programs 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 written notification to
submit the missing or corrected information to the HUD State or Area
Office and/or Native American Programs Office. Curable technical
deficiencies relate only to items that do not improve the substantive
quality of the application relative to the rating factors.
All HAs must submit corrections within 14 calendar days from the
date of HUD's letter notifying the applicant of any such deficiency.
Information received after 3 p.m. local time (i.e., the time in the
appropriate HUD State or Area Office/Native American Programs Office),
of the fourteenth calendar day of the correction period will not be
accepted and the application will be rejected as incomplete. All HAs
are encouraged to review the initial screening checklist provided in
Section III of this notice. The checklist identifies all technical
requirements needed for application processing. An HA application that
does not comply with the requirements of 24 CFR 882.204(a) or 887.55(b)
and this notice, including the drug-free workplace certification and
the anti-lobbying certification/disclosure requirements, after the
expiration of the 14-day cure period will be rejected from processing.
V. 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, D.C. 20410.
B. 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.
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 program requirements concerning family eligibility.
D. Section 102 of the HUD Reform Act: Documentation and Public
Access Requirements.
HUD Responsibilities
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.)
E. Section 103 of the HUD Reform Act
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a)
(Reform Act) was published on May 13, 1991 (56 FR 22088), and became
effective on June 12, 1991. That regulation, codified as 24 CFR part 4,
applies to the funding competition announced today. The requirements of
the rule 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 restrained by 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 under 24 CFR part 4.
Applicants who have questions should contact the HUD Office of
Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.)
The Office of Ethics can provide information of a general nature to HUD
employees, as well. However, a HUD employee who has specific program
questions, such as whether particular subject matter can be discussed
with persons outside the Department, should contact his or her HUD
State or Area Office Counsel, or Headquarters counsel for the program
to which the question pertains.
F. 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 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 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. IHAs
established by an Indian tribe as a result of the exercise of the
tribe's sovereign power are excluded from coverage of the Byrd
Amendment, but IHAs established under State law are not excluded from
the statute's coverage.
G. Section 112 of the Reform Act
Section 112 of the HUD Reform Act added a new section 13 to the
Department of Housing and Urban Development Act (42 U.S.C. 3537b).
Section 13 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.
Section 13 was implemented by final rule published in the Federal
Register on May 17, 1991 (56 FR 22912). 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.
Any questions about the rule should be forwarded to the Director,
Office of Ethics, room 2158, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-3000.
Telephone: (202) 708-3815 (TDD/Voice) (this is not a toll-free number).
Forms necessary for compliance with the rule may be obtained from the
local HUD office.
Authority: 42 U.S.C. 1437a, 1437c, 1437f.
Dated: July 1, 1994.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
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[FR Doc. 94-16717 Filed 7-8-94; 8:45 am]
BILLING CODE 4210-33-C
DEPARTMENT OF JUSTICE
Bureau of Prisons
List of Bureau of Prisons Institutions
AGENCY: Bureau of Prisons, Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons is publishing a
consolidated listing of its institutions. The following institutions
have been added to the listing: Federal Correctional Institutions at
Cumberland, Maryland; Greenville, Illinois; and Pekin, Illinois; a
Federal Medical Center at Carswell, Texas; and a Federal Transportation
Center at Oklahoma City, Oklahoma. The former Federal Correctional
Institution at Fort Worth, Texas has been redesignated as a Federal
Medical Center. The Federal Prison Camp at Tyndall Air Force Base and
the Federal Medical Center at Carville, Louisiana have been closed and
consequently have been removed from the listing. Finally, the names of
certain Bureau institutions located on military reservations have been
shortened for the sake of consistency and ease of reference.
ADDRESS: Office of General Counsel, Bureau of Prisons, 320 First Street
NW., HOLC Room 754, Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, (202) 514-6655.
SUPPLEMENTARY INFORMATION: Attorney General Order No. 646-76 (41 FR
14805), as amended, classifies and lists the various Bureau of Prisons
institutions. Attorney General Order No. 960-81, Reorganization
Regulations, published in the Federal Register October 27, 1981 (at 46
FR 52339 et seq.) delegated to the Director, Bureau of Prisons, in 28
CFR 0.96(q), the authority to establish and designate Bureau of Prisons
institutions. The last listing of the Bureau's institutions was
published in the Federal Register on August 20, 1993 (58 FR 44424).
This notice is not a rule within the meaning of the Administrative
Procedure Act, 5 U.S.C. 551(4), the Regulatory Flexibility Act, 5
U.S.C. 601(2), or Executive Order No. 12291, Sec. 1(a).
By virtue of the authority vested in the Attorney General in 18
U.S.C. 3621, 4001, 4003, 4042, 4081, and 4082 (repealed in part October
12, 1984) and delegated to the Director, Bureau of Prisons by 28 CFR
0.96(q), it is hereby ordered as follows:
The following institutions are established and designated as places
of confinement for the detention of persons held under authority of any
Act of Congress, and for persons charged with or convicted of offenses
against the United States or otherwise placed in the custody of the
Attorney General of the United States.
A. The Bureau of Prisons institutions at the following locations
are designated as U.S. Penitentiaries:
(1) Allenwood, Pennsylvania;
(2) Atlanta, Georgia;
(3) Florence, Colorado;
(4) Leavenworth, Kansas;
(5) Lewisburg, Pennsylvania;
(6) Lompoc, California;
(7) Marion, Illinois; and
(8) Terre Haute, Indiana.
B. The Bureau of Prisons institutions at the following locations
are designated as Federal Correctional Institutions:
(1) Allenwood, Pennsylvania (Low Security);
(2) Allenwood, Pennsylvania (Medium Security);
(3) Ashland, Kentucky;
(4) Bastrop, Texas;
(5) Big Spring, Texas;
(6) Butner, North Carolina;
(7) Cumberland, Maryland;
(8) Danbury, Connecticut;
(9) Dublin, California;
(10) El Reno, Oklahoma;
(11) Englewood, Colorado;
(12) Estill, South Carolina;
(13) Fairton, New Jersey;
(14) Florence, Colorado;
(15) Fort Dix, New Jersey;
(16) Greenville, Illinois;
(17) Jessup, Georgia;
(18) La Tuna, Texas;
(19) Lompoc, California;
(20) Loretto, Pennsylvania;
(21) Manchester, Kentucky;
(22) Marianna, Florida;
(23) McKean, Pennsylvania;
(24) Memphis, Tennessee;
(25) Milan, Michigan;
(26) Morgantown, West Virginia;
(27) Oakdale, Louisiana (formerly Oakdale I);
(28) Otisville, New York;
(29) Oxford, Wisconsin;
(30) Pekin, Illinois;
(31) Petersburg, Virginia;
(32) Phoenix, Arizona;
(33) Ray Brook, New York;
(34) Safford, Arizona;
(35) Sandstone, Minnesota;
(36) Schuylkill, Pennsylvania;
(37) Seagoville, Texas;
(38) Sheridan, Oregon;
(39) Talladega, Alabama;
(40) Tallahassee, Florida;
(41) Terminal Island, California;
(42) Texarkana, Texas;
(43) Three Rivers, Texas; and
(44) Tucson, Arizona.
C. The Bureau of Prisons institutions at the following locations
are designated as Federal Prison Camps:
(1) Alderson, West Virginia;
(2) Allenwood, Pennsylvania;
(3) Boron, California;
(4) Bryan, Texas;
(5) Duluth, Minnesota;
(6) Eglin, Florida;
(7) El Paso, Texas;
(8) Montgomery, Alabama;
(9) Millington, Tennessee;
(10) Nellis, Nevada;
(11) Pensacola, Florida;
(12) Seymour-Johnson, North Carolina; and
(13) Yankton, South Dakota.
D. The Bureau of Prisons institutions at the following locations
house inmates who are primarily pre-trial detainees and are designated
as:
Federal Detention Center
(1) Oakdale, Louisiana (formerly Oakdale II).
Metropolitan Correctional Centers
(1) Chicago, Illinois;
(2) Miami, Florida;
(3) New York, New York; and
(4) San Diego, California.
Metropolitan Detention Centers
(1) Brooklyn, New York;
(2) Guaynabo, Puerto Rico; and
(3) Los Angeles, California.
E. The Bureau of Prisons institution at Springfield, Missouri is
designated as the U. S. Medical Center for Federal Prisoners.
F. The Bureau of Prisons institutions at the following locations
are designated as Federal Medical Centers:
(1) Carswell, Texas;
(2) Fort Worth, Texas;
(3) Lexington, Kentucky; and
(4) Rochester, Minnesota.
G. The Bureau of Prisons institution at Oklahoma City, Oklahoma is
designated as the Federal Transportation Center.
Wade B. Houk,
Acting Director, Federal Bureau of Prisons.
[FR Doc. 94-16694 Filed 7-8-94; 8:45 am]
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