25026 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices 

3.2.C, Washington, DC 20229, at 202–

344–1429. 

Dated: April 28, 2008. 

Tracey Denning, 

Agency Clearance Officer, Customs and 

Border Protection. 

[FR Doc. E8–9993 Filed 5–5–08; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5213–N–01] 

Section 8 Housing Choice Vouchers: 

Implementation of the HUD–VA 

Supportive Housing Program 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing. 

ACTION: Notice. 

SUMMARY: This Notice sets forth the 

policies and procedures for the 

administration of tenant-based Section 8 

Housing Choice Voucher (HCV) rental 

assistance under the HUD–Veterans 

Affairs Supportive Housing (HUD–

VASH) program administered by local 

public housing agencies (PHAs) that 

have partnered with local Veterans 

Affairs (VA) medical centers. 

DATES: Effective date: May 6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

David A. Vargas, Director, Office of 

Housing Voucher Programs, Department 

of Housing and Urban Development, 

451 Seventh Street, SW., Room 4228, 

Washington, DC, 20410, telephone 

number (202) 708–2815. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Special Rules for the HUD–VASH Voucher 

Program 

a. Family Eligibility and Selection 

b. Income Eligibility 

c. Initial Term of the HCV 

d. Initial Lease Term 

e. Ineligible Housing 

f. Mobility and Portability of HUD–VASH 

Vouchers 

g. Case Management Requirements 

h. Turnover of HUD–VASH Vouchers 

i. Moving-to-Work (MTW) Agencies 

j. Project-based Assistance 

k. Section Eight Management Assessment 

Program (SEMAP) 

III. Reporting Requirements 

I. Background 

Seventy-five million dollars in 

Housing Choice Voucher (HCV) program 

funding will provide rental assistance 

under a supportive housing program for 

homeless veterans authorized by section 

8(o)(19) of the United States Housing 

Act of 1937, 42 U.S.C. 1437f(o)(19). The 

initiative is known as the HUD–VASH 

program and was authorized pursuant to 

Division K, Title II, of The Consolidated 

Appropriations Act, 2008 (Pub. L. 110–

161) (‘‘2008 Appropriation Act’’) 

enacted on December 26, 2007 (see 

proviso (7) under the heading ‘‘TenantBased Rental Assistance’’). The HUD–

VASH program combines HUD HCV 

rental assistance for homeless veterans 

with case management and clinical 

services provided by the Department of 

Veterans Affairs (VA) at its medical 

centers and in the community. Ongoing 

VA case management, health, and other 

supportive services will be made 

available to homeless veterans at as 

many as 132 VA Medical Center 

(VAMC) supportive services sites across 

the nation. 

The 2008 Appropriation Act required 

HUD to ‘‘make such funding available, 

notwithstanding section 204 

(competition provision) of this title, to 

public housing agencies (PHAs) that 

partner with eligible VA Medical 

Centers or other entities as designated 

by the Secretary of the Department of 

Veterans Affairs, based on geographical 

need for such assistance as identified by 

the Secretary of the Department of 

Veterans Affairs, public housing agency 

administrative performance, and other 

factors as specified by the Secretary of 

Housing and Urban Development in 

consultation with the Secretary of the 

Department of Veterans Affairs.’’

Based on this language, the VA, in 

consultation with HUD, identified 132 

VAMCs that will participate with the 

program. In doing so, the VA took into 

account the population of homeless 

veterans needing services in the area, 

the number of homeless veterans served 

by the homeless programs at each 

VAMC during Fiscal Years 2006 and FY 

2007, geographic distribution, and VA 

case management resources. There will 

be at least one site in each of the 50 

states and in the District of Columbia 

and Puerto Rico. 

HUD, in consultation with the VA, 

and in consideration of a PHA’s 

administrative performance, identified 

eligible PHAs located in the jurisdiction 

of the VAMCs and invited them to apply 

for HUD–VASH vouchers. The number 

of HUD–VASH vouchers awarded to 

each PHA was determined by HUD and 

the VA. Approximately 35 rental 

vouchers were awarded for each 

professional, full-time HUD–VASH case 

manager at the local VAMC. HUD–

VASH vouchers may be reallocated in 

the future based on need and usage. A 

PHA that participates in the HUD–

VASH program must partner with their 

VASH VAMC. Additional information 

on program requirements and 

procedures may be found on HUD’s 

Web site at www.HUD.gov. 

II. Special Rules for the HUD–VASH 

Voucher Program 

This section sets forth the design 

features of the HUD–VASH vouchers, 

including the eligibility of families, 

portability, case management, and the 

turnover of these vouchers. The 2008 

Appropriation Act states ‘‘that the 

Secretary of Housing and Urban 

Development may waive, or specify 

alternative requirements for (in 

consultation with the Secretary of the 

Department of Veterans Affairs), any 

provision of any statute or regulation 

that the Secretary of Housing and Urban 

Development administers in connection 

with the use of funds made available 

under this paragraph (except for 

requirements related to fair housing, 

nondiscrimination, labor standards, and 

the environment) upon a finding by the 

Secretary that any such waivers or 

alternative requirements are necessary 

for the effective delivery and 

administration of such voucher 

assistance: Provided further, That 

assistance made available under this 

paragraph shall continue to remain 

available for homeless veterans upon 

turnover.’’

This notice outlines, below, the 

waivers or alternative requirements 

determined by the Secretary to be 

necessary for the effective delivery and 

administration of the HUD–VASH 

program. These waivers or alternative 

requirements are exceptions to the 

normal HCV requirements, which 

otherwise govern the provision of HUD–

VASH assistance. In addition, a PHA 

may request additional statutory or 

regulatory waivers that it determines are 

necessary for the effective delivery and 

administration of the program. These 

requests may be submitted to the 

Secretary for review and decision 

through the Assistant Secretary for 

Public and Indian Housing. 

HUD–VASH vouchers under this part 

are administered in accordance with the 

HCV tenant-based rental assistance 

regulations set forth at 24 CFR part 982. 

In the HCV program, the PHA pays 

monthly rental subsidies so that eligible 

families can afford decent, safe, and 

sanitary housing. HUD provides housing 

assistance funds to the PHA, as well as 

funds for PHA administration of the 

program. 

Under the HCV tenant-based program, 

families select and rent units that meet 

program housing-quality standards. If 

the PHA approves a family’s unit and 

tenancy, the PHA contracts with the 

owner to make rent subsidy payments 

(housing assistance payments) directly 


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Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices 25027 

to the owner on behalf of the family on 

a monthly basis. The family enters into 

a lease with the owner and pays its 

share of the rent to the owner in 

accordance with the lease. The housing 

assistance payment (HAP) contract 

between the PHA and the owner covers 

only a single unit and a specific assisted 

family. If the family moves out of the 

leased unit, the HAP contract with the 

owner terminates. The family may 

generally move to another unit with 

continued assistance so long as the 

family is complying with program 

requirements. 

Unless expressly noted below, all 

regulatory requirements and HUD 

directives regarding the HCV tenantbased program are applicable to HUD–

VASH vouchers, including the use of all 

HUD-required contracts and other 

forms. The PHA’s local discretionary 

policies adopted in the PHA’s written 

administrative plan apply to HUD–

VASH vouchers, unless such local 

policy conflicts with the requirements 

of the HUD–VASH vouchers outlined 

below. 

PHAs are required to maintain records 

that allow for the easy identification of 

families receiving HUD–VASH 

vouchers. PHAs must identify these 

families in the Public and Indian 

Housing Information Center (PIC). This 

record-keeping will help ensure that, in 

accordance with appropriations renewal 

language, HUD–VASH vouchers that are 

in use will remain available for 

homeless veterans upon turnover. 

a. Family Eligibility and Selection 

HUD–VASH eligible families are 

homeless veterans. The 2008 

Appropriation Act provides for statutory 

or regulatory waivers or alternative 

requirements upon a finding by the 

Secretary that such waivers or 

alternatives are necessary for the 

effective administration and delivery of 

voucher assistance. The December 17, 

2007, Explanatory Statement for the 

2008 Appropriation Act provides, ‘‘The 

Appropriations Committees expect that 

these vouchers will be made available to 

all homeless veterans, including 

recently returning veterans’ (153 Cong. 

Rec. H16514 (daily ed., Dec. 17, 2007)). 

HUD, through its undersigned Secretary, 

finds the following waivers necessary to 

effectively administer and deliver the 

program to all veterans in accordance 

with Congressional intent. 

Section 8(o)(19) of the United States 

Housing Act of 1937 (USHA of 1937), 

which requires homeless veterans to 

have chronic mental illnesses or chronic 

substance use disorders with required 

treatment of these disorders as a 

condition of receipt of HUD–VASH 

assistance, is waived. 

The VAMC will refer HUD–VASH 

eligible families to the PHA for the 

issuance of vouchers. Written 

documentation of these referrals must 

be maintained in the tenant file at the 

PHA. Therefore, the PHA will not have 

the authority to maintain a waiting list 

or apply local preferences for HUD–

VASH vouchers. Accordingly, section 

8(o)(6)(A) of the USHA of 1937, 42 

U.S.C. 1437f(o)(6)(A), in regard to 

preferences, has been waived to provide 

for the effective administration of the 

program. In addition, 24 CFR 982.202, 

982.204, and 982.207, relating to 

applicant selection from the waiting list 

and local preferences, are also waived. 

Sections 982.203, 982.205, and 982.206 

regarding special admissions, crosslisting of the waiting list, and opening 

and closing the waiting list do not apply 

to the HUD–VASH program. 

The VAMC will screen all families in 

accordance with its screening criteria. 

By agreeing to administer the HUD–

VASH program, the PHA is 

relinquishing its authority to determine 

the eligibility of families in accordance 

with regular HCV program rules and 

PHA policies. Specifically, under the 

HUD–VASH program, PHAs will not 

have the authority to screen potentially 

eligible families or deny assistance for 

any grounds permitted under 24 CFR 

982.552 (broad denial for violations of 

HCV program requirements) and 

982.553 (specific denial for criminals 

and alcohol abusers), with one 

exception. PHAs will still be required to 

prohibit admission if any member of the 

household is subject to a lifetime 

registration requirement under a state 

sex offender registration program. 

Accordingly, the Department is 

exercising its authority to waive 42 

U.S.C. 1437d(s); 42 U.S.C. 13661(a), (b), 

and (c); and 24 CFR Sections 982.552 

and 982.553, with the exception of 

982.553(a)(2)(i), which requires denial 

of admission to certain registered sex 

offenders. 

Civil rights requirements cannot be 

waived. The HUD–VASH program is 

administered in accordance with 

applicable Fair Housing requirements. 

These requirements prohibit 

discrimination on the basis of race, 

color, religion, sex, familial status, 

national origin, or disability. When 

disabled veterans are HUD–VASH 

recipients, HUD’s reasonable 

accommodation standards apply. 

b. Income Eligibility 

The PHA must determine income 

eligibility for HUD–VASH families in 

accordance with 24 CFR 982.201. 

Income targeting requirements of 

section 16(b) of the USHA of 1937, as 

well as 24 CFR 982.201(b)(2), do not 

apply for HUD–VASH families so that 

participating PHAs can effectively serve 

the eligible population specified in the 

2008 Appropriation Act; that is, 

homeless veterans, who may be at a 

variety of income levels. The PHA may, 

however, choose to include the 

admission of extremely low-income 

HUD–VASH families in its income 

targeting numbers for the fiscal year in 

which these families are admitted. 

c. Initial Term of the HCV 

Recognizing the challenges that HUD–

VASH participants may face with their 

housing search, HUD–VASH vouchers 

must have an initial search term of at 

least 120 days. Therefore, § 982.303(a), 

which states that the initial search term 

must be at least 60 days, shall not apply, 

since the initial term must be at least 

120 days. Any extensions, suspensions, 

and progress reports will remain under 

the policies in the PHA’s administrative 

plan, but will apply after the minimum 

120-day initial search term. 

d. Initial Lease Term 

Under the HCV program, voucher 

participants must enter into an initial 

lease with the owner for one year, 

unless a shorter term would improve 

housing opportunities for the tenant and 

the shorter term is a prevailing market 

practice. To provide a greater range of 

housing opportunities for HUD–VASH 

voucher holders, initial leases may be 

less than 12 months; therefore, both 

section 8(o)(7)(A) of the USHA of 1937, 

42 U.S.C. 1437f(o)(7)(A), and 24 CFR 

982.309(a)(2)(ii) are waived. 

e. Ineligible Housing 

HUD–VASH families will be 

permitted to live on the grounds of a 

VAMC in units owned by the VA. 

Therefore, 24 CFR 982.352(a)(5), which 

prohibits units on the grounds of a 

medical, mental, or similar public or 

private institution, is waived for that 

purpose only. 

f. Mobility and Portability of HUD–

VASH Vouchers 

An eligible family issued a HUD–

VASH voucher must receive case 

management services provided by the 

VAMC. Therefore, special mobility and 

portability procedures must be 

established. HUD–VASH participant 

families may reside only in those 

jurisdictional areas that are accessible to 

case management services as 

determined by the partnering VAMC. 

Since the VAMC will be identifying 

homeless veterans eligible to participate 


rwilkins on PROD1PC63 with NOTICES
25028 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Notices 

in the HUD–VASH program, section 

8(r)(1)(B)(i) of the USHA of 1937, 42 

U.S.C. 1437f(r)(1(B)(i), which restricts 

portability in cases where the family did 

not reside in the jurisdiction of the PHA 

at the time of application for HCV 

assistance, and 24 CFR 982.353(a), (b), 

and (c), which affects where a family 

can lease a unit with HCV assistance, do 

not apply. 

(1) Portability Moves Where Case 

Management Is Provided by the Initial 

PHA’s Partnering VAMC 

If the family initially leases up, or 

moves, under portability provisions, but 

the initial PHA’s partnering VAMC will 

still be able to provide the necessary 

case management services due to its 

proximity to the partnering VAMC, the 

receiving PHA must process the move in 

accordance with the portability 

procedures of 24 CFR 982.355. 

However, since the initial PHA must 

maintain records on all HUD–VASH 

families receiving case management 

services from its partnering VAMC, 

receiving PHAs must bill the initial 

PHA. Therefore, 24 CFR 982.355(d), 

which gives the receiving PHA the 

option to absorb the family into its own 

HCV program or bill the initial PHA, is 

not applicable. 

When the receiving PHA completes 

the HUD–50058 under the scenarios 

above, the action type that must be 

recorded on line 2a is ‘‘1’’ for a new 

admission (a family that is new to the 

HCV program) or ‘‘4’’ for a portability 

move-in (a family that was previously 

leased up in the jurisdiction of the 

initial PHA). Whether the family is a 

new admission or portability move-in, 

in section 12 of the HUD–50058, line 

12d is marked ‘‘Y,’’ 12e must be 0 since 

the family must be absorbed, and 12f 

must be left blank. 

g. Case Management Requirements 

The VAMC responsibilities include: 

(1) The screening of homeless veterans 

to determine whether they meet the 

HUD–VASH program participation 

criteria established by the VA national 

office; (2) providing appropriate 

treatment and supportive services to 

potential HUD–VASH program 

participants, if needed, prior to PHA 

issuance of rental vouchers; (3) 

providing housing search assistance to 

HUD–VASH participants with rental 

vouchers; (4) identifying the social 

service and medical needs of HUD–

VASH participants and providing, or 

ensuring the provision of, regular 

ongoing case management, outpatient 

health services, hospitalization, and 

other supportive services as needed 

throughout this initiative; and (5) 

maintaining records and providing 

information for evaluation purposes, as 

required by HUD and the VA. 

As a condition of HCV rental 

assistance, a HUD–VASH eligible family 

must receive the case management 

services noted above from the VAMC. 

Therefore, a HUD–VASH participant 

family’s HCV assistance must be 

terminated for failure to participate, 

without good cause, in case 

management as verified by the VAMC. 

However, a VAMC determination that 

the participant family no longer requires 

case management is not grounds for 

termination of assistance. In such case, 

and at its option, the PHA may offer the 

family continued HCV assistance 

through one of its regular vouchers, to 

free up the HUD–VASH voucher for 

another eligible family referred by the 

VAMC. 

h. Turnover of HUD–VASH Vouchers 

In accordance with the 2008 

Appropriation Act, upon turnover, 

HUD–VASH vouchers must be issued to 

eligible families as identified by the 

VAMC, as noted above. 

i. Moving-To-Work (MTW) Agencies 

HUD–VASH vouchers must be 

administered in accordance with this 

Notice and are not eligible for 

fungibility under their MTW 

agreements. HUD–VASH vouchers must 

be reported on separately from vouchers 

under the agency’s MTW Agreement. 

j. Project-Based Assistance 

Although HUD–VASH vouchers are 

tenant-based rental assistance, the 

Department will consider, on a case-bycase basis, requests from the PHA (with 

the support of the VAMC) to projectbase these vouchers in accordance with 

24 CFR part 983. 

k. Section Eight Management 

Assessment Program (SEMAP) 

Since leasing of HUD–VASH vouchers 

will be dependent on referrals from the 

VAMC, the unit months and budget 

authority associated with these 

vouchers will not be included in the 

SEMAP leasing indicator denominator. 

Therefore, 24 CFR 985.3(n)(1)(i) and (ii) 

are waived. However, utilization of 

these vouchers will be monitored 

separately through HUD systems. 

III. Reporting Requirements 

A new code (VASH) has been 

established for use on line 2n of the 

Family Report (form HUD–50058), 

which provides for an indication if the 

family participates in ‘‘other special 

programs.’’ The information collection 

requested on HUD–50058 has been 

approved by the Office of Management 

and Budget (OMB) and given OMB 

control number 2577–0083. No person 

is required to respond to, nor shall any 

person be subject to a penalty for failure 

to comply with a collection of 

information subject to the requirements 

of the Paperwork Reduction Act (PRA), 

unless that collection displays a 

currently valid OMB control number. 

This code must remain on the HUD–

50058 for the duration of the HUD–

VASH family’s participation in the 

program. The PHA that administers the 

HUD–VASH voucher on behalf of the 

family (initial or receiving PHA under 

portability) must enter and maintain 

this code on the HUD–50058. 

For any additional systems reporting 

requirements that may be established, 

HUD will provide further guidance. 

Dated: May 1, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. 08–1220 Filed 5–1–08; 4:00 pm] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NV–050–5853-ES; N–82255 and N–84469; 

8–08807; TAS: 14X5432] 

Notice of Realty Action: Classification/ 

Lease/Conveyance for Recreation and 

Public Purposes Act of Public Lands in 

Clark County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined and 

found suitable for classification for lease 

and subsequent conveyance under the 

provisions of the Recreation and Public 

Purposes (R&PP) Act, as amended, 

approximately 8.75 acres of public land 

in Clark County, Nevada. The St. 

Matthews Baptist Church proposes to 

use 5 acres of the land for a church, 

parking area, adult day care, athletic 

field, children’s play area, landscaping, 

and related facilities. The Solid Rock 

Christian Church proposes to use 3.75 

acres of the land for a house of worship, 

community learning/not-for-profit day 

care center, parking, and related 

facilities. The proposals by these two 

churches are distinguished as two 

distinct actions in this notice. 

DATES: Interested parties may submit 

written comments regarding the 

proposed lease/conveyance or 

classification of the lands until June 20, 

2008. 


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