[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21167]
[[Page Unknown]]
[Federal Register: August 29, 1994]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Assistant Secretary for Public and Indian Housing
_______________________________________________________________________
Family Self-Sufficiency (FSS) Program Coordinators for the Section 8
Rental Certificate and Rental Voucher Programs; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3805; FR-3736-N-01]
Notice of Funding Availability (NOFA) for Family Self-Sufficiency
(FSS) Program Coordinators for the Section 8 Rental Certificate and
Rental Voucher Programs
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Funding Availability for Fiscal Year (FY) 1994.
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SUMMARY: This NOFA announces the availability of up to $8.4 million for
administrative fees for Section 8 Family Self-Sufficiency (FSS) program
coordinators. Public housing agencies and Indian housing authorities
(hereinafter referred to as HAs) that administer Section 8 rental
certificate and rental voucher programs of less than 600 total units,
and that received FY 1992 FSS incentive award funding or FY 1993 and
later rental voucher or certificate funding (other than renewal
funding) and as a result are required to administer an FSS program of
at least 25 FSS slots, may apply for funds under this NOFA, to employ
or otherwise retain the services of up to one FSS program coordinator
for a period of one year. HAs with fewer than 600 total units and with
FSS programs of fewer than 25 slots also may apply, if they apply
jointly with one or more other eligible HAs so that between or among
the HAs they administer FSS programs of at least 25 FSS slots. A part-
time FSS program coordinator may be retained where appropriate. The
NOFA contains information concerning the deadline for filing
applications; eligibility of applicants; available amounts; selection
criteria; and the application and selection process.
This Notice also rescinds all HUD approvals of exceptions to
implementing an FSS program of the mandatory minimum size that have
been granted to eligible applicants as defined in this NOFA for the
sole reason that there was a lack of funds for reasonable
administrative costs, since funding for an FSS program coordinator is
now available under this NOFA.
DATES: Applications are due on October 13, 1994, by 3:00 p.m. local
time in the local HUD State or Area Office. This application deadline
is firm as to date and hour.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Branch, Rental Assistance Division, Office of Public and Indian
Housing, Department of Housing and Urban Development, room 4220, 451
Seventh Street, SW, Washington, DC 20410-8000, telephone number (202)
708-0477. Hearing or speech impaired individuals may call HUD's TDD
number (202) 708-4594. (These numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget for review
under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3501-3520). No person may be subjected to a penalty for failure to
comply with these information collection requirements until they have
been approved and assigned an OMB control number. The OMB control
number, when assigned, will be announced in the Federal Register.
I. Purpose and Substantive Description
(a) Authority.
The FY 1994 HUD Appropriations Act (Pub. L. 103-124 approved
October 28, 1993) makes available $8.4 million for administrative fees
under section 23(h) of the U.S. Housing Act of 1937 for Section 8 FSS
program coordinators. Section 23(h) establishes a fee for the costs
incurred in administering the Section 8 FSS program and requires the
Secretary to revise the fee upon submission by the General Accounting
Office (GAO) of a report determining the additional costs to HAs under
FSS programs. In April 1992, the GAO issued its report; however, the
report indicated that it was premature to make a recommendation for
changes in the fee. As a result, the Department determined to make a
sufficient fee available under this NOFA, to enable the smallest HAs
(i.e., those with rental voucher and certificate programs of fewer than
600 total units) with required FSS programs of at least 25 slots, to
hire up to one FSS program coordinator for one year at a reasonable
cost, as determined by the HA and HUD, based on salaries for similar
positions in the locality.
The Department's FY 1995 budget seeks additional funding to
continue FSS program coordinator funding for HAs receiving funding
under this NOFA, as well as for additional HAs not eligible to apply
for funding under this NOFA.
(b) Allocation Amounts.
An eligible HA may apply for a maximum of $40,000 to support up to
one FSS program coordinator for one year. HUD may fund applications at
less than the requested amount, based on the HUD State or Area Office
application review.
(c) Eligibility. (1) Eligible activity. Funds are available under
this NOFA to employ or otherwise retain the services of up to one FSS
program coordinator for one year. A part-time FSS program coordinator
may be retained where appropriate. Under the FSS program, HAs are
required to use Section 8 rental assistance together with public and
private resources to provide supportive services to enable
participating families to achieve economic independence and self-
sufficiency. Effective delivery of supportive services is a critical
element in a successful program.
(i) Program Coordinator Role. HAs administering the FSS program use
program coordinating committees (PCCs) to assist them secure resources
for and implement the FSS program. The program coordinating committee
is made up of representatives of local government, job training and
employment agencies, local welfare agencies, educational institutions,
child care providers, nonprofit service providers, and businesses.
An FSS program coordinator works with the PCC, and with local
service providers, to assure that program participants are linked to
the supportive services they need to achieve self-sufficiency. The FSS
program coordinator may ensure, through case management, that the
services included in participants' contracts of participation are
provided on a regular, ongoing and satisfactory basis, and that
participants are fulfilling their responsibilities under the contracts.
(ii) Staffing Guidelines. Under normal circumstances, a full-time
FSS program coordinator should be able to serve approximately 50 FSS
participants, depending on the coordinator's case management functions.
(2) Eligible applicants. All HAs that currently administer a rental
voucher and certificate program of fewer than 600 total units and that
received FY 1992 FSS incentive award funding, or FY 1993 and later
rental voucher or certificate funding (other than renewal funding), and
as a result are required to administer an FSS program of at least 25
FSS slots are eligible to apply. HAs with fewer than 600 total units
and with FSS programs of fewer than 25 slots may also apply, if they
apply jointly with one or more other eligible HAs so that between or
among the HAs they administer at least 25 FSS slots. If eligible
applicants apply jointly, their combined total program size may exceed
600 total units, but the $40,000 maximum amount that may be applied for
still pertains. Joint applicants must specify a lead coapplicant, which
will receive and administer the FSS program coordinator funding.
HUD has limited eligibility under this NOFA to HAs with fewer than
600 total Section 8 units, because the $8.4 million appropriated for
FSS program coordinators is insufficient to fund all HAs administering
FSS programs. HUD determined that HAs administering large Section 8
programs are more likely than smaller HAs to have access to other
resources for FSS program administration.
HUD is also requiring that applicants under this NOFA administer
FSS programs of at least 25 FSS slots (based on FY 1992 FSS incentive
award funding or FY 1993 and later rental voucher and certificate
funding (other than renewal funding)) to ensure that the limited
program coordinator funds are used in a cost-effective manner. The
Department expects that FSS programs of fewer than 25 FSS slots can be
managed within HA resources.
(3) Eligible applicants that have received HUD approval of
exceptions to implementing FSS programs of the mandatory minimum size.
If HUD has approved either a full or partial exception to implementing
an FSS program of the mandatory minimum size for an eligible applicant,
solely because of a lack of funds for reasonable administrative costs,
the approval of the exception is hereby automatically rescinded, since
funding for an FSS program coordinator is now available under this
NOFA.
(d) Selection Process.
The funds available under this NOFA are not being awarded on a
competitive basis. The Department anticipates that there may be
sufficient funds available under the NOFA to fund all applications that
meet the NOFA requirements. Applications will be reviewed by the HUD
State or Area Office to determine whether or not they are technically
adequate based on the NOFA requirements (e.g., salary comparability
with similar positions is adequately demonstrated).
Upon completion of the HUD State or Area Office review, a list of
all technically adequate applications, each applicant's total program
size, and the amount approved for each applicant will be forwarded by
the HUD State or Area Office to the Rental Assistance Division in HUD
Headquarters, which will then allocate the available funding among
approvable applications. All technically adequate applications will be
funded to the extent funds are available. If HUD receives applications
for funding greater than the amount made available under this NOFA, HUD
will fund applications from the smallest HAs first (i.e., those HAs
with the smallest combined rental voucher and certificate programs
based on total units) and will not fund applications from the larger HA
applicants.
II. Application Procedure
HUD will not accept applications via facsimile (fax) transmission.
In the interest of fairness to all competing applicants, HUD will treat
as ineligible for consideration any application that is not received on
or before the application deadline. Applicants should take this
practice into account and make early submission of their materials to
avoid any risk of loss of eligibility brought about by unanticipated
delays or other delivery-related problems.
III. Checklist of Application Submission Requirements
Each application for funding under this NOFA must contain the
following items:
(a) Request for FSS Program Coordinator Funds.
All applications must contain the following information stated in a
letter from the Executive Director of the HA to the Director of the
Public Housing Division in the local HUD State or Area Office or to the
Administrator of the Native American Programs Office (see sample letter
format, Attachment 1):
(1) The total number of currently enrolled FSS families.
(2) The total number of required FSS slots (based on FY 1992
incentive award funding and FY 1993 and later rental voucher and
certificate funding).
(3) The annual salary proposed for the FSS program coordinator,
plus any fringe benefits. The service coordinator salary should be set
as follows:
(i) Determine the salary level, taking into consideration salaries
for comparable jobs, modified by the hours worked.
(ii) Set the annual salary, including any fringe benefits that
pertain to the job.
(4) Evidence that demonstrates salary comparability with similar
positions in the local jurisdiction.
(5) Whether the HA will contract out for a service coordinator, if
known at the time of application.
(6) Joint applicants must indicate which HA will be the lead
applicant and will receive and administer the FSS program coordinator
funding.
(b) Required Certification Forms.
The following certification forms are required to be submitted with
the application and are attached to this NOFA:
(1) Certification Regarding Drug-Free Workplace Requirements
(Attachment 2); and
(2) Certifications regarding Fair Housing and Equal Opportunity
(Attachment 3).
(i) The HUD review criteria shall include an analysis of any
evidence that challenges the validity of the civil rights
certification. Such evidence includes:
(A) A pending civil rights suit against the applicant HA, referred
by the Department's General Counsel and instituted by the Department of
Justice;
(B) Outstanding HUD findings of noncompliance with civil rights
statutes, regulations and executive orders, as a result of formal
administrative proceedings, unless the HA is implementing a HUD-
approved tenant selection and assignment plan and a voluntary
compliance agreement designed to correct the areas of noncompliance;
(C) A deferral of the processing of applications from the HA
imposed by HUD 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);
(D) A pending proceeding against the HA based upon a Charge of
Discrimination issued under the Fair Housing Act. A Charge of
Discrimination is a Charge under Section 810(g)(2) of the Fair Housing
Act, issued by the Department's General Counsel or legally authorized
designee.
(E) There is an adjudication of a civil rights violation in a civil
action brought against it by a private individual; unless the HA
demonstrates that it is operating in compliance with a court order
designed to correct the area(s) of noncompliance.
(ii) In the event that the validity of a civil rights certification
is drawn into question the application is eligible to be funded, but
the HA may not draw down funds until it has satisfied any outstanding
civil rights issues.
IV. Corrections to Deficient Applications:
The HUD State or Area Office will screen all applications and
notify applicants of technical deficiencies by letter. Since the funds
available under this NOFA are not being awarded on a competitive basis,
a technical deficiency would be a significant discrepancy in
information supplied by the applicant and information available to HUD,
or the omission or the incomplete submission of any of the items
required to be submitted in the application. These are listed in
section III. of this NOFA, Checklist of Application Submission
Requirements, above.
Applicants must submit corrections within 14 calendar days from the
date of HUD's letter notifying the applicant of any technical
deficiency. Information received after 3:00 p.m., local time, on the
fourteenth calendar day of the correction period will not be accepted
and the application will be rejected as being incomplete.
V. Other Matters
(a) Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR Part 50,
which implements section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact 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) Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the
provisions of this NOFA do not have ``federalism implications'' within
the meaning of the Order. The NOFA makes funds available for HAs to
employ or otherwise retain the services of up to one FSS program
coordinator for one year. As such, there are no direct implications on
the relationship between the national government and the states or on
the distribution of power and responsibilities among various levels of
government.
(c) Executive Order 12606, The Family.
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that the policies announced in
this Notice would not have a significant impact on the formation,
maintenance, and general well-being of families except indirectly to
the extent of the social and other benefits expected from this program
of assistance.
(d) Documentation and Public Access Requirements: HUD Reform Act.
HUD will include recipients that receive assistance pursuant to
this NOFA in its quarterly Federal Register notice of recipients of all
HUD assistance awarded on a competitive basis. (See 24 CFR 12.16(b),
and the notice published on January 16, 1992 (57 FR 1942), for further
information on these requirements.)
(e) Prohibition Against Lobbying Activities.
The use of funds awarded under this NOFA is subject to the
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 a
specific contract, grant, or loan. Indian Housing Authorities (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.
(f) Prohibition Against Lobbying of HUD Personnel.
Section 13 of the Department of Housing and Urban Development Act
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) as 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.
Dated: August 15, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
Attachment 1
Request for FSS Program Coordinator Funds Sample Letter Format
Dear Director, Public Housing Division (or Administrator, Native
American Programs Office):
This is to request approval to hire a Family Self-Sufficiency
(FSS) program coordinator for one year, for the X housing agency
(HA) FSS program.
1. Total Number of Currently Enrolled FSS Families: ________.
2. Total Number of Required FSS Program Slots (based on units
approved under FY 1992 incentive award funding and under FY 1993 and
later rental voucher and certificate program funding): ________.
3. Service Coordinator Salary:
a. Salary level, based on salaries for comparable jobs (modified
by number of hours worked) ________.
b. Annual Salary plus Fringe Benefits:
______ Hours/Week; ________ $/Hour; ________ Fringe Rate (%);
Annual Salary ________.
4. The HA will contract out for a service coordinator:
____ Yes ____ No ____ Unknown
5. Attachment: Evidence demonstrating salary comparability with
similar positions in the local jurisdiction.
If there are any questions, please contact __________ at
__________.
Sincerely,
Executive Director
Attachment(s)
Attachment 2
Certification Regarding Drug-Free Workplace Requirements (From 24
CFR, Appendix C)
Instructions for Certification
1. By signing and/or submitting this application or grant
agreement, the grantee is providing the certification set out below.
2. The certification set out below is a material representation
of fact upon which reliance was placed when the agency determined to
award the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the agency, in addition
to any other remedies available to the Federal Government, may take
action authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate II applies.
Alternate I
A. The grantee certifies that it will provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug-free awareness program to inform
employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days
after such conviction;
(e) Notifying the agency within ten days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving
actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted--
(1) Taking appropriate personnel action against such an
employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
B. The grantee shall insert in the space provided below the
site(s) for the performance of work done in connection with the
specific grant:
Place of Performance (Street address, city, county, state, zip
code)
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Signed by: (Name, Title & Signature of Authorized HA Official)
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(Name & Title)
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(Signature & Date)
Alternate II
The grantee certifies that, as a condition of the grant, he or
she will not engage in the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance in
conducting any activity with the grant.
Signed by: (Name, Title & Signature of Authorized HA Official)
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(Name & Title)
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(Signature & Date)
Attachment 3
Fair Housing and Equal Opportunity Certifications
The housing agency (HA) certifies that, in administering the
activities of Family Self-Sufficiency program coordinators:
(1) The HA will comply with Title VI of the Civil Rights Act of
1964 and related HUD regulations (24 CFR Part 1), which state that
no person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives financial
assistance; and will take any measures necessary to effectuate this
agreement.
(2) The HA will comply with the Fair Housing Act and related HUD
regulations (24 CFR Part 100), which prohibit discrimination in
housing on the basis of race, color, religion, sex, handicap,
familial status, or national origin, and administer its programs and
activities relating to housing in a manner to affirmatively further
fair housing.
(3) The HA will comply with Section 504 of the Rehabilitation
Act of 1973 and related HUD regulations (24 CFR Part 8), which state
that no otherwise qualified individual with handicaps in the United
States shall, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance.
(4) The HA will comply with the provisions of the Age
Discrimination Act of 1975 and related HUD regulations (24 CFR Part
146), which state that no person in the United States shall on the
basis of age be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under a program or
activity receiving Federal financial assistance.
(5) The HA will comply with the provisions of Title II of the
Americans with Disabilities Act and related Department of Justice
regulations (28 CFR Part 35) which state that subject to the
provisions of Title II, no qualified individual with a disability
shall, by reason of such disability, be excluded from participation
in or be denied the benefits of services, programs or activities of
a public entity, or be subjected to discrimination by any such
entity.
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Name of HA
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Signature and Title of HA Representative
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Date
[FR Doc. 94-21167 Filed 8-26-94; 8:45 am]
BILLING CODE 4210-33-P
