[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66738-66740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28096]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7006-N-20]


60-Day Notice of Proposed Information Collection: Moving to Work 
Amendment To Consolidated Annual Contributions Contract

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, PIH, HUD.

ACTION: Notice.

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[[Page 66739]]

SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment.

DATES:  Comments Due Date: February 25, 2019.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent to: Colette Pollard, Reports 
Management Officer, QDAM, Department of Housing and Urban Development, 
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at 
<a href="/cdn-cgi/l/email-protection#7e3d11121b0a0a1b502e1112121f0c1a3e160b1a50191108"><span class="__cf_email__" data-cfemail="c281adaea7b6b6a7ec92adaeaea3b0a682aab7a6eca5adb4">[email protected]</span></a> for a copy of the proposed forms or other 
available information. Persons with hearing or speech impairments may 
access this number through TTY by calling the toll-free Federal Relay 
Service at (800) 877-8339.

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410; e-mail Colette Pollard at 
<a href="/cdn-cgi/l/email-protection#90d3fffcf5e4e4f5bec0fffcfcf1e2f4d0f8e5f4bef7ffe6"><span class="__cf_email__" data-cfemail="7c3f131019080819522c1310101d0e183c140918521b130a">[email protected]</span></a> or telephone 202-402-3400. This is not a toll-
free number. Persons with hearing or speech impairments may access this 
number through TTY by calling the toll-free Federal Relay Service at 
(800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from 
Ms. Pollard.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Overview of Information Collection

    Title of Information Collection: Moving to Work Amendment to 
Consolidated Annual Contributions Contract.
    OMB Approval Number: Pending OMB Approval.
    Type of Request: New Collection.
    Form Number: TBD.
    Description of the need for the information and proposed use: The 
Moving to Work (MTW) amendment to the Consolidated Annual Contributions 
Contract, signed by HUD and the selected Public Housing Authority (PHA) 
is necessary to govern 100 new PHA's participation in the MTW 
demonstration pursuant to the 2016 Appropriations Act. It will allow 
the PHA to operate under the MTW Operations Notice and its respective 
selection notice, while remaining subject to the CACC when not 
otherwise waived by the Operations Notice, and to detail the 
termination and default rights of HUD should an agency fail in its 
implementation of the demonstration.
    Respondents: Public Housing Authorities.

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                                    Number of       Frequency of      Responses per   Burden hour per   Annual burden   Hourly cost per
     Information collection        respondents        response            annum           response          hours           response       Annual cost
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Total..........................             100  Once..............               1                0                0                0                0
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comment in response to 
these questions.

C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 
U.S.C. Chapter 35

    Date: December 13, 2018.
Merrie Nichols-Dixon,
Director, Office of Policy, Programs and Legislative Initiatives.

MOVING TO WORK AMENDMENT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT

    Section 1. This Moving to Work (MTW) Amendment to the Consolidated 
Annual Contributions Contract (MTW CACC Amendment) is entered into 
between the United States Department of Housing and Urban Development 
(``HUD'') and__(the ``Authority'').
    Section 2. This MTW CACC Amendment is an amendment to any 
Consolidated Annual Contributions Contracts (``the CACC'') between the 
Authority and HUD for the Public Housing and Housing Choice Voucher 
programs.
    Section 3. The CACC is amended in connection with the Authority's 
designation as a participant in the expansion of the MTW demonstration 
pursuant to Section 239 of the Consolidated Appropriations Act, 2016, 
P.L. 114-113; 129 Stat. 2897 (2016 MTW Expansion Statute) and Section 
204 of the Departments of Veterans Affairs and Housing and Urban 
Development and Independent Agencies Appropriations Act, 1996, P.L. 
104-134; 110 Stat. 1321-281 (1996 MTW statute). The Authority's 
participation in the expansion of the MTW demonstration shall be 
governed by the MTW Operations Notice for the Expansion of the Moving 
to Work Demonstration (PIH Notice 2019-XXXX) or any successor notice 
issued by HUD, (which shall collectively be called ``the Operations 
Notice'' throughout this document).
    Section 4. The term of this amendment shall be for 12 years from 
the effective date of this amendment or until termination of this 
amendment, whichever is sooner
    Section 5. Requirements and Covenants.
(A) As a participant in the MTW demonstration, the Authority must 
operate in accordance with the express terms and conditions set forth 
in the Operations Notice. The MTW Operations Notice may be superseded 
or amended by HUD at any time during the MTW term of the Authority's 
participation in the MTW demonstration.
(B) The Authority will cooperate fully with HUD and its contractors for 
the duration of the HUD-sponsored evaluation of the cohort of the MTW

[[Page 66740]]

Expansion for which the PHA was selected and shall comply with all 
aspects of its Cohort Study as outlined in the Selection Notice (PIH 
Notice _-_), under which the Authority was designated.
(C) The Authority may be exempted from certain provisions of the 
Housing Act of 1937 and its implementing regulations in accordance with 
the requirements and procedures set forth in the Operations Notice. 
However, the Authority remains subject to all other federal laws and 
HUD requirements, as they be amended from time to time even in the 
event of a conflict between such a requirement and a waiver or activity 
authorized by the Operations Notice.
(D) HUD reserves the right to require the Authority to discontinue any 
activity or to revise any activity to comply with the Operations Notice 
and other applicable HUD requirements in the event of a conflict 
between an MTW activity and such requirements, as determined by HUD.
(E) HUD reserves the right to require the Authority to discontinue any 
activity derived from a waiver granted by the Operations Notice should 
it have significant negative impacts on families or the agency's 
operation of its assisted housing programs using Section 8 and 9 funds, 
as determined by HUD.
    Section 6. Transition
At least one year prior to expiration of this MTW CACC Amendment, the 
Authority shall submit a transition plan to HUD. It is the Authority's 
responsibility to be able to end all MTW activities that it has 
implemented through its MTW Supplement to the PHA Plan upon expiration 
of this MTW CACC Amendment. The transition plan shall describe plans 
for phasing out such activities.
    Section 7. Termination and Default
(A) If the Authority violates or fails to comply with any requirement 
or provision of the CACC, including this amendment, HUD is authorized 
to take any corrective or remedial action described in this Section 7 
for Authority default or any other right or remedy existing under 
applicable law, or available at equity. HUD will give the Authority 
written notice of any default, which shall identify with specificity 
the measures, which the Authority must take to cure the default and 
provide a specific time frame for the Authority to cure the default, 
taking into consideration the nature of the default. The Authority will 
have the opportunity to cure such default within the specified period 
after the date of said notice, or to demonstrate within 10 days after 
the date of said notice, by submitting substantial evidence 
satisfactory to HUD, that it is not in default. However, in cases 
involving clear and apparent fraud, serious criminal behavior, or 
emergency conditions that pose an imminent threat to life, health, or 
safety, if HUD, in its sole discretion, determines that immediate 
action is necessary it may institute the remedies under Section 7(B) of 
this MTW ACC Amendment without giving the Authority the opportunity to 
cure.
(B) If the Authority is in default and the default has not been cured, 
HUD may, undertake any one or all remedies available by law, including 
but not limited to the following:
i. Suspend payment or reimbursement for any MTW activities affected;
ii. Suspend the Authority's authority to make draws or receive or use 
funds for affected activities;
iii. Require additional reporting by the Authority on the deficient 
areas and the steps being taken to address the deficiencies;
iv. Require the Authority to prepare and follow a HUD-approved schedule 
of actions and/or a management plan for properly completing the 
activities approved under this MTW ACC Amendment;
v. Suspend the MTW waiver authorization for the affected activities;
vi. Prohibit payment or reimbursement for any MTW activities affected 
by the default;
vii. Require reimbursement by the Authority to HUD for amounts used in 
violation of this MTW ACC Amendment;
viii. Reduce/offset the Authority's future funding;
ix. Terminate this MTW ACC Amendment and require the Authority to 
transition out of MTW;
x. Take any other corrective or remedial action legally available; and/
or
xi. Implement administrative or judicial receivership of part, or all, 
of the Authority.
(C) The Authority may choose to terminate this MTW CACC Amendment at 
any time. Upon HUD's receipt of written notification from the Authority 
and a copy of a resolution approving termination from its governing 
board, termination will be effective. The Authority will then begin to 
transition out of MTW, and will work with HUD to establish an orderly 
phase-out of MTW activities, consistent with Section 6 of this MTW CACC 
Amendment.
(D) Nothing contained in this CACC amendment shall prohibit or limit 
HUD from the exercise of any other right or remedy existing under any 
ACC, CACC, or available under applicable law. HUD's exercise or non-
exercise of any right or remedy under this amendment shall not be 
construed as a waiver of HUD's right to exercise that or any other 
right or remedy at any time.
    Section 8. Notwithstanding any provision set forth in this MTW CACC 
Amendment, any future laws that conflict with any provision of this 
CACC Amendment, as determined by HUD, HUD's implementation of any 
future laws that conflict with any provision of this MTW CACC 
Amendment, or any HUD determination that a future law conflicts with 
any provision of this CACC Amendment, shall not be deemed to be a 
breach of this CACC Amendment. HUD's execution of the conflicting law, 
or the execution of a law that HUD deems conflicting, shall not serve 
as any basis for a breach of contract claim, or breach of contract 
cause of action, in any court. Any future laws affecting the 
Authority's funding, even if that effect is a decrease in funding, and 
HUD's implementation thereof that affects funding shall not be deemed a 
breach of this CACC Amendment and shall not serve as any basis for a 
breach of contract claim, or breach of contract cause of action, in any 
court.
    Section 9. This MTW CACC Amendment is effective upon the date of 
execution by HUD.
    In consideration of the foregoing covenants, the parties do hereby 
execute this MTW CACC Amendment:
HOUSING AUTHORITY
    ____
    By:__
    Its:__
    Date:__
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    ____
    By:__
    Its:__
    Date:__
[FR Doc. 2018-28096 Filed 12-26-18; 8:45 am]
 BILLING CODE 4210-67-P


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