19762 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4045–N–01]

Office of the Assistant Secretary for

Public and Indian Housing; NOFA for

the Family Unification Program, Fiscal

Year 1996

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

(NOFA) for FY 1996.

SUMMARY: This notice announces the

availability of up to $32 million

(approximately) in 2-year budget

authority for FY 1996 for section 8

rental certificates under the Family

Unification Program, which will

support approximately 1,600 families.

Public housing agencies (PHAs) and

Indian Housing Authorities (IHAs),

herein referred to as housing agencies

(HAs), are invited to submit

applications for housing assistance.

The purpose of the Family Unification

Program is to provide housing

assistance to families for whom the lack

of adequate housing is a primary factor

in the separation, or imminent

separation, of children from their

families. As was the case in prior years,

participation in the Family Unification

Program is limited to HAs in 16 States.

The 16 States are: California, Florida,

Georgia, Illinois, Maryland,

Massachusetts, Michigan, Minnesota,

Missouri, New Jersey, New York, North

Carolina, Ohio, Pennsylvania, Texas,

and Virginia.

DATES: The application deadline for the

Family Unification program NOFA is

July 1, 1996, 3:00 p.m., local time.

The above-stated application deadline

is firm as to date and hour. In the

interest of fairness to all competing

HAs, HUD will treat as ineligible for

consideration any application that is not

received 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. HUD will not

accept, at any time during the NOFA

competition, application materials sent

via facsimile (FAX) transmission.

ADDRESSES: The local HUD State or Area

Office, Attention: Director, Office of

Public Housing, is the official place of

receipt for all applications, except

applications from Indian Housing

Authorities (IHAs). The local HUD

Native American Programs Office,

Attention: Administrator, Office of

Native American Programs, is the place

of official receipt for IHA applications.

For ease of reference, the term ‘‘HUD

Office’’ will be used throughout this

NOFA to mean the HUD State Office,

HUD Area Office, and the HUD Native

American Programs Office. If a

particular type of HUD Office needs to

be identified, e.g., the HUD Native

American Programs Office, the

appropriate office will be used.

FOR FURTHER INFORMATION CONTACT:

Gerald J. Benoit, Director, Operations

Division, Office of Rental Assistance,

Department of Housing and Urban

Development, 451 Seventh Street, SW.,

Washington, DC 20410–8000, telephone

number (202) 708–0477 (this is not a

toll-free number). For hearing- and

speech-impaired persons, this number

may be accessed via TTY (text

telephone) by calling the Federal

Information Relay Service at 1–800–

877–8339.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The section 8 information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), and

assigned OMB control number 2577–

0169. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number.

Family Self-Sufficiency (FSS) Program

Requirement

Unless specifically exempted by HUD,

all rental voucher or rental certificate

funding reserved in FY 1996 (except

funding for renewals or amendments)

will be used to establish the minimum

size of an HA’s FSS program.

A. Purpose and Substantive Description

of Family Unification Program

(1) Authority. The Family Unification

Program is authorized by Section 8(x) of

the United States Housing Act of 1937,

42 U.S.C. 1437f(x).

(2) Background. The Family

Unification Program is a program under

which Section 8 rental assistance is

provided to families for whom the lack

of adequate housing is a primary factor

which would result in:

(a) The imminent placement of the

family’s child, or children, in out-ofhome care; or

(b) The delay in the discharge of the

child, or children, to the family from

out-of-home care.

The purpose of the Family Unification

Program is to promote family

unification by providing rental

assistance to families for whom the lack

of adequate housing is a primary factor

in the separation, or the threat of

imminent separation, of children from

their families.

Rental certificates awarded under the

Family Unification Program are to be

administered by HAs under HUD’s

regulations for the Section 8 rental

certificate program (24 CFR parts 882

and 982). The HA may issue a rental

voucher (24 CFR parts 887 and 982) to

a family selected for participation in the

Family Unification Program if the

family requests a rental voucher and the

HA has one available.

(3) Eligibility of HAs.—(a) Family

Unification Program Eligibility.

Consistent with previous NOFAs, HAs

currently administering a rental voucher

or certificate program in the following

16 States are eligible to apply (except

those HAs determined unacceptable

under section A.(3)(b) of this NOFA):

California, Florida, Georgia, Illinois,

Maryland, Massachusetts, Michigan,

Minnesota, Missouri, New Jersey, New

York, North Carolina, Ohio,

Pennsylvania, Texas, and Virginia.

(b) Eligibility for HUD-Designated

Housing Agencies with Major Program

Findings. HUD will establish a pass or

fail threshold for all HAs. An HA that

fails the threshold will not be eligible to

apply without another entity to

administer the program. Some housing

agencies currently administering the

Section 8 rental voucher and certificate

programs have, at the time of

publication of this NOFA, major

program management findings that are

open and unresolved or other significant

program compliance problems (e.g., HA

has not implemented mandatory FSS

program). HUD will not accept

applications for additional funding from

these HAs as contract administrators if,

on the application deadline date, the

findings are not closed to HUD’s

satisfaction. If these HAs want to apply

for the Family Unification Program, the

HA must submit an application that

designates another housing agency,

nonprofit agency, or contractor that is

acceptable to HUD and includes an

agreement with the other housing

agency or contractor to administer the

new funding increment on behalf of the

HA. The Office of Public Housing in the

local HUD Office will notify,

immediately after the publication of this

NOFA, those HAs that are not eligible

to apply. Applications submitted by

these HAs without an agreement from

another housing agency or contractor,

approved by HUD, to serve as contract

administrator will be rejected. Other
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices 19763

agencies may be notified by HUD at

other times as HUD deems appropriate.

(4) Program Guidelines.—(a)

Eligibility.—(i) Family Unification

eligible families. Each HA must modify,

in accordance with program rules, its

selection preference system to permit

the selection of Family Unification

eligible families for the program based

on available funding provided by HUD

for this purpose. The term ‘‘Family

Unification eligible family’’ means a

family that:

(A) The public child welfare agency

has certified is a family for whom the

lack of adequate housing is a primary

factor in the imminent placement of the

family’s child, or children, in out-ofhome care, or in the delay of discharge

of a child, or children, to the family

from out-of-home care; and

(B) The HA has determined is eligible

for Section 8 rental assistance.

(ii) Lack of Adequate Housing. The

lack of adequate housing means:

(A) A family is living in substandard

housing; or

(B) A family is homeless; or

(C) A family is displaced by domestic

violence; or

(D) A family is living in an

overcrowded unit.

(iii) Substandard Housing. A family is

living in substandard housing if the unit

where the family lives:

(A) Is dilapidated;

(B) Does not have operable indoor

plumbing;

(C) Does not have a usable flush toilet

inside the unit for the exclusive use of

a family;

(D) Does not have a usable bathtub or

shower inside the unit for the exclusive

use of a family;

(E) Does not have electricity, or has

inadequate or unsafe electrical service;

(F) Does not have a safe or adequate

source of heat;

(G) Should, but does not, have a

kitchen; or

(H) Has been declared unfit for

habitation by an agency or unit or

government.

(iv) Dilapidated Housing. A family is

living in a housing unit that is

dilapidated if it does not provide safe

and adequate shelter, and in its present

condition endangers the health, safety,

or well-being of a family, or it has one

or more critical defects, or a

combination of intermediate defects in

sufficient number or extent to require

considerable repair or rebuilding. The

defects may involve original

construction, or they may result from

continued neglect or lack of repair or

from serious damage to the structure.

(v) Homeless. A homeless family

includes any person or family that:

(A) Lacks a fixed, regular, and

adequate nighttime residence; and

(B) Has a primary nighttime residence

that is:

(1) A supervised publicly or privately

operated shelter designed to provide

temporary living accommodations

(including welfare hotels, congregate

shelters, and transitional housing);

(2) An institution that provides a

temporary residence for persons

intended to be institutionalized; or

(3) A public or private place not

designed for, or ordinarily used as, a

regular sleeping accommodation for

human beings.

(vi) Detained Family. A Family

Unification eligible family does not

include any person imprisoned or

otherwise detained pursuant to an Act

of the Congress or a State law.

(vii) Displaced by Domestic Violence.

A family is displaced by domestic

violence if:

(A) The applicant has vacated a

housing unit because of domestic

violence; or

(B) The applicant lives in a housing

unit with a person who engages in

domestic violence.

(C) ‘‘Domestic violence’’ means actual

or threatened physical violence directed

against one or more members of the

applicant family by a spouse or other

member of the applicant’s household.

(viii) Qualify as Involuntarily

Displaced. For an applicant to qualify as

involuntarily displaced because of

domestic violence:

(A) The HA must determine that the

domestic violence occurred recently or

is of a continuing nature; and

(B) The applicant must certify that the

person who engaged in such violence

will not reside with the applicant family

unless the HA has given advance

written approval. If the family is

admitted, the HA may deny or terminate

assistance to the family for breach of

this certification.

(ix) Overcrowded Housing. A family is

considered to be living in an

overcrowded unit if:

(A) The family is separated from its

children and the parent(s) are living in

an otherwise standard housing unit, but,

after the family is re-united, the parents’

housing unit would be overcrowded for

the entire family and would be

considered substandard.

(B) The family is living with its

children in a unit that is overcrowded

for the entire family and this

overcrowded condition may result in

the imminent placement of a child or

children in out-of-home care.

(C) For purpose of this paragraph (ix),

the HA shall have discretion to

determine whether the unit is

‘‘overcrowded’’ in accordance with HA

occupancy standards.

(x) Public child welfare agency

(PCWA) means the public agency that is

responsible under applicable State or

Tribal law for determining that a child

is at imminent risk of placement in outof-home care or that a child in out-ofhome care under the supervision of the

public agency may be returned to his or

her family.

(b) HA Responsibilities. HAs must:

(i) Accept families certified by the

PCWA as eligible for the Family

Unification Program. If the HA has a

closed waiting list, it must reopen the

waiting list to accept Family Unification

Program applicant families. The HA is

not required to review its waiting list for

eligible families. The HA upon receipt

of the PCWA list of families currently in

the PCWA caseload must compare the

names with those of families already on

the HA’s Section 8 waiting list. Any

family on the HA’s Section 8 waiting list

that matches with the PCWA’s list must

be assisted in order of their position on

the waiting list in accordance with HA

admission policies;

(ii) Determine if any families with

children on its waiting list are living in

temporary shelters or on the street and

may qualify for the Family Unification

Program, and refer such applicants to

the PCWA;

(iii) Determine if families referred by

the PCWA are eligible for Section 8

assistance and place eligible families on

the Section 8 waiting list;

(iv) Amend the administrative plan in

accordance with applicable program

regulations and requirements;

(v) Administer the rental assistance in

accordance with applicable program

regulations and requirements; and

(vi) Assure the quality of the

evaluation that HUD intends to conduct

on the Family Unification Program and

cooperate with and provide requested

data to the HUD office or HUD-approved

contractor responsible for program

evaluation.

(c) Public Child Welfare Agency

(PCWA) Responsibilities. Public child

welfare agencies must:

(i) Establish and implement a system

to identify Family Unification eligible

families within the agency’s caseload

and to review referrals from the HA;

(ii) Provide written certification to the

HA that a family qualifies as a Family

Unification eligible family based upon

the criteria established in Section 8(x) of

the United States Housing Act of 1937,

HUD regulations, and the HA policies

implementing the regulations;

(iii) Commit sufficient staff resources

to ensure that Family Unification

eligible families are identified and
19764 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices

certified in a timely manner and to

provide follow-up supportive services

after the families lease units; and

(iv) Cooperate with the evaluation

that HUD intends to conduct on the

Family Unification Program, and submit

a certification with the HA’s application

for Family Unification funding that the

PCWA will agree to cooperate with and

provide requested data to the HUD

office or HUD-approved contractor

having responsibility for program

evaluation.

(d) Section 8 Rental Certificate

Assistance. The Family Unification

Program provides assistance under the

Section 8 rental assistance programs.

Although HUD is providing a special

allocation of rental certificates, the HA

may use both rental vouchers and

certificates to assist families under this

program.

HAs must administer this program in

accordance with HUD’s regulations

governing the Section 8 rental certificate

and rental voucher programs. The HA

may issue a rental voucher to a family

selected to participate in the Family

Unification Program if the family

requests a rental voucher and the HA

has one available. If Section 8 assistance

for a family under this program is

terminated, the rental assistance must

be reissued to another Family

Unification eligible family during the 2-

year term of the Annual Contributions

Contract (ACC) for the Section 8 rental

certificates provided under this

program.

B. Family Unification Allocation

Amounts

This NOFA announces the availability

of up to $32 million for the Family

Unification Program which will support

assistance for about 1,600 families. Each

HA may apply for funding for a

maximum of 50 units.

The amounts allocated under this

NOFA will be awarded under a national

competition, based on the threshold

criteria and a lottery for selection from

all approvable applications. The Family

Unification Program is exempt from the

fair share allocation requirements of

section 213(d) of the Housing and

Community Development Act of 1974

(42 U.S.C. 1439(d)) and the

implementing regulations at 24 CFR part

791, subpart D. Applications that meet

the requirements of this NOFA and are

included in the FY 1996 lottery, but that

are not selected, may be considered for

funding from funds available, if any, in

FY 1997 appropriations designated for

the Family Unification Program.

C. Family Unification Application

Submission Requirements

(1) Forms. Application forms may be

obtained from the local HUD Office.

Applications must include the

following, unless otherwise specifically

excepted:

(a) Form HUD–52515. An Application

for Existing Housing, Form HUD–52515,

must be completed in accordance with

the program regulations (24 CFR

982.102). An application must include

the information in Section C, Average

Monthly Adjusted Income, of Form

HUD–52515 in order for HUD to

calculate the amount of Section 8

budget authority necessary to fund the

requested number of units. HAs may

obtain a copy of Form HUD–52515 from

the local HUD Office.

(b) 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 CFR part 24, subpart F.

HAs may obtain a copy of this form

from the local HUD Office.

(c) Certification Regarding Lobbying.

Any HA submitting an application

under this announcement for more than

$100,000 of budget authority must

submit a certification and, if applicable,

a Disclosure of Lobbying Activities (SF–

LLL). IHAs established by an Indian

tribe as a result of the exercise of the

tribe’s sovereign power are excluded

from coverage, but IHAs established

under State law are not excluded from

the coverage. HAs may obtain a copy of

the certification and the Form SF–LLL

from the local HUD Office.

(2) 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 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. Because

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 unit of general

local government.

(3) Letter of Intent and Narrative. All

the items in this Section must be

included in the application submitted to

the HUD Office. The HA must state in

its cover letter to the application

whether it will accept a reduction in the

number of rental certificates and the

minimum number of rental certificates

it will accept, since the funding is

limited and HUD may only have enough

funds to approve a smaller amount than

the number of rental certificates

requested. The application must include

an explanation of how the application

meets, or will meet, Threshold Criteria

1 through 4 in Section D of this NOFA,

below.

The application must also include a

letter of intent from the PCWA stating

its commitment to provide resources

and support for the Family Unification

Program. The PCWA letter of intent

must explain:

(i) The definition of eligible families;

(ii) The method used to identify

eligible families;

(iii) The process to certify eligible

families;

(iv) The PCWA assistance to families

to locate suitable housing;

(v) The staff resources committed to

the program; and

(vi) PCWA experience with the

administration of similar programs

including cooperation with a HA.

The PCWA serving the jurisdiction of

the HA is responsible for providing the

information for Threshold Criterion 4,

PCWA Statement of Need for Family

Unification Program, to the HA for

submission with the HA application.

The application must include a

statement by the PCWA describing the

need for a Family Unification Program.

This should include a discussion of the

case-load of the PCWA and information

about homelessness, family violence

resulting in involuntary displacement,

number and characteristics of families

who are experiencing the placement of

children in out-of-home care as a result

of inadequate housing, and the PCWA’s

experience in obtaining housing through

HUD assisted housing programs and

other sources for families lacking

adequate housing. A State-wide Public

Child Welfare Agency must provide
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices 19765

information on Threshold Criterion 4,

PCWA Statement of Need for Family

Unification Program, to all HAs that

request data; otherwise, HUD will not

consider applications from any HAs

with the State-wide PCWA as a

participant in its program.

(4) Evaluation Certifications. The HA

and the PCWA, in separate

certifications, must state that the HA

and Public Child Welfare Agency agree

to cooperate with HUD and provide

requested data to the HUD office or

HUD-approved contractor delegated the

responsibility for the program

evaluation. No specific language for this

certification is prescribed by HUD.

D. Family Unification Application

Rating Process

(1) General. The HUD Office is

responsible for rating the applications

for the selection criteria established in

this NOFA, and HUD Headquarters is

responsible for selection of applications

(including applications rated by the

Native American Programs Office) that

will receive assistance under the Family

Unification Program. The HUD Office

will initially screen all applications and

determine any technical deficiencies

based on the application submission

requirements.

Each application submitted in

response to the NOFA, in order to be

eligible for funding, must receive at

least 30 points for Threshold Criterion

1, Unmet Housing Needs, and at least 20

points for Threshold Criterion 2, Efforts

of HA to Provide Area-Wide Housing

Opportunities for Families, and must

meet the requirements for Threshold

Criterion 3, Coordination between HA

and Public Child Welfare Agency, and

Threshold Criterion 4, Public Child

Welfare Agency Statement of Need for

Family Unification Program.

(2) Threshold Criteria.

(a) THRESHOLD CRITERION 1:

UNMET HOUSING NEEDS (50

POINTS).

(i) Description: This criterion assesses

the unmet housing need in the primary

area specified in the HA’s application

compared to the unmet housing need for

the allocation area. Unmet housing need

is defined as the number of very lowincome renter households with housing

problems based on 1990 Census, minus

the number of federally assisted housing

units provided since the 1990 Census.

In awarding points under this

criterion, HUD will, to the extent

practicable, consider all units provided

since the 1990 Census under the Section

8 Rental Voucher and Certificate

programs, any other Section 8 programs,

the Public and Indian Housing

programs, the Section 202 program, and

the Farmers Home Administration’s

Section 515 Rural Rental Housing

program.

(ii) Rating and Assessment: The

number of points assigned is based on

the percentage of the allocation area’s

unmet housing need that is within the

HA’s primary area. State or Regional

Housing Agencies will receive points

based on the areas they intend to serve

with this allocation, e.g., the entire

allocation area or the localities within

the allocation area specified in the

application. The HUD Office will assign

one of the following point totals:

• 50 points. If the HA’s percentage of

unmet housing need is greater than 50

percent of the allocation area’s unmet

need.

• 45 points. If the HA’s percentage of

unmet housing need is equal to or less

than 50 percent but greater than 40

percent of the allocation area’s unmet

need.

• 40 points. If the HA’s percentage of

unmet housing need is equal to or less

than 40 percent but greater than 30

percent of the allocation area’s unmet

need.

• 35 points. If the HA’s percentage of

unmet housing need is equal to or less

than 30 percent but greater than 20

percent of the allocation area’s unmet

need.

• 30 points. If the HA’s percentage of

unmet housing need is equal to or less

than 20 percent but greater than 10

percent of the allocation area’s unmet

need.

• 0 points. If the HA’s percentage of

unmet housing need is equal to or less

than 10 percent of the allocation area’s

unmet need.

The HUD Office will not consider for

funding any HA application receiving

zero (0) points.

In accordance with Notice PIH 91–45,

the HUD Office will notify the Farmers

Home Administration, or its successor

agency under Public Law 103–354

(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) THRESHOLD CRITERION 2:

EFFORTS OF HA TO PROVIDE AREAWIDE HOUSING OPPORTUNITIES FOR

FAMILIES (60 POINTS).

(i) Description: Many HAs have

undertaken voluntary efforts to provide

area-wide housing opportunities for

families. The efforts described in

response to this selection criterion must

be beyond those required by federal law

or regulation such as the portability

provisions of the Section 8 rental

voucher and certificate programs. HAs

in metropolitan and non-metropolitan

areas are eligible for points under this

criterion. The HUD Office will assign

points to HAs that 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 HA

jurisdictions. In addition, the HUD

Office will assign points to HAs that

have established relationships with

nonprofit groups to provide families

with additional counseling, or have

directly provided counseling, to

increase the likelihood of a successful

move by the families to areas that do not

have large concentrations of poverty.

(ii) Rating and Assessment: The HUD

Office will assign point values for any

of the following assessments for which

the HA qualifies and add the points for

all the assessments (maximum of 60

points) to determine the total points for

this Selection Criterion:

• 10 points—Assign 10 points if the

HA documents that it participates in an

area-wide rental voucher and certificate

exchange program where all HAs absorb

portable Section 8 families.

• 10 Points—Assign 10 points if the

HA certifies that its administrative plan

does not include a ‘‘residency

preference’’ for selection of families to

participate in its rental voucher and

certificate programs or the HA certifies

that it will eliminate immediately any

‘‘residency preference’’ currently in its

administrative plan.

• 10 Points—Assign 10 points if the

HA documents that it has established a

contractual relationship with a

nonprofit agency or the local

governmental entity to provide housing

counseling for families that want to

move to low-poverty or non-minority

areas. The five HAs approved for the FY

1993 Moving to Opportunity (MTO) for

Fair Housing Demonstration and any

other HAs that receive counseling funds

from HUD (e.g., in settlement of

litigation involving desegregation or

demolition of public housing, mixed

population projects) may qualify for

points under this assessment, but these

HAs must identify all activities

undertaken, other than those funded by

HUD, to expand housing opportunities.

• 10 Points—Assign 10 points if the

HA documents that it requested from

HUD, and HUD approved, the authority

to utilize exceptions to the fair market

rent limitations as allowed under 24

CFR 882.106(a)(4) to allow families to
19766 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices

select units in low-poverty or nonminority areas.

• 10 Points—Assign 10 points if the

HA documents that it participates with

other HAs in using a metropolitan wide

or combined waiting list for selecting

participants in the program.

• 10 Points—Assign 10 points if the

HA documents that it has implemented

other initiatives that have resulted in

expanding housing opportunities in

areas that do not have undue

concentrations of poverty or minority

families.

(c) THRESHOLD CRITERION 3:

COORDINATION BETWEEN HA AND

PUBLIC CHILD WELFARE AGENCY TO

IDENTIFY AND ASSIST ELIGIBLE

FAMILIES.

The application must describe the

method that the HA and the PCWA will

use to identify and assist Family

Unification eligible families. The

application must include a letter of

intent from the PCWA stating its

commitment to provide resources and

support for the program. The PCWA

letter of intent and other information

must be comprehensive and must

include an explanation of: the method

used to identify eligible families, the

PCWA’s certification process for

determining Family Unification eligible

families, the responsibilities of each

agency, the PCWA assistance provided

to families in locating housing units, the

PCWA staff resources committed to the

program, the past PCWA experience

administering a similar program, and

the PCWA/HA cooperation in

administering a similar program.

(d) THRESHOLD CRITERION 4:

PUBLIC CHILD WELFARE AGENCY

STATEMENT OF NEED FOR FAMILY

UNIFICATION PROGRAM.

The application must include a

statement by the PCWA describing the

need for a program providing assistance

to families for whom lack of adequate

housing is a primary factor in the

placement of the family’s children in

out-of-home care or in the delay of

discharge of the children to the family

from out-of-home care in the area to be

served, as evidenced by the caseload of

the public child welfare agency. The

PCWA must adequately demonstrate

that there is a need in the HA’s

jurisdiction for the Family Unification

program that is not being met through

existing programs. The narrative must

include specific information relevant to

the area to be served, about

homelessness, family violence resulting

in involuntary displacement, number

and characteristics of families who are

experiencing the placement of children

in out-of-home care or the delayed

discharge of children from out-of-home

care as the result of inadequate housing,

and the PCWA’s past experience in

obtaining housing through HUD assisted

programs and other sources for families

lacking adequate housing.

E. Corrections to Deficient Family

Unification Applications

(1) Acceptable Applications. To be

eligible for processing, an application

must be received by the appropriate

HUD Office no later than the date and

time specified in this NOFA. The HUD

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 the HUD notification letter

to submit the missing or corrected

information to the HUD 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 the HUD letter notifying the applicant

of any such deficiency. Information

received after 3 p.m. local time (i.e., the

time in the appropriate HUD Office), of

the 14th calendar day of the correction

period will not be accepted and the

application will be rejected as

incomplete.

(2) Unacceptable Applications. (a)

After the 14-calendar day technical

deficiency correction period, the HUD

Office will disapprove HA applications

that it determines are not acceptable for

processing. The HUD Office notification

of rejection letter must state the basis for

the decision.

(b) Applications that fall into any of

the following categories will not be

processed:

(i) There is a pending civil rights suit

against the HA instituted by the

Department of Justice or there is a

pending administrative action for civil

rights violations instituted by HUD

(including a charge of discrimination

under the Fair Housing Act).

(ii) 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.

(iii) 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

noncompliance.

(iv) 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).

(v) The HA has serious unaddressed,

outstanding Inspector General audit

findings, Fair Housing and Equal

Opportunity monitoring review

findings, or HUD management review

findings for one or more of its Rental

Voucher, Rental Certificate, or Moderate

Rehabilitation Programs, or, in the case

of a HA that is not currently

administering a Rental Voucher, Rental

Certificate, or Moderate Rehabilitation

Program, for its Public Housing Program

or Indian Housing Program. The only

exception to this category is if the HA

has been identified under the policy

established in section A.(3)(b) of this

NOFA and the HA makes application

with a designated contract

administrator.

(vi) 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.

(vii) A HA application that does not

comply with the requirements of 24 CFR

982.102 and this NOFA, after the

expiration of the 14-calendar day

technical deficiency correction period

will be rejected from processing.

(viii) A HA application submitted

after the deadline date.

(ix) The application is from a HA that

has failed to achieve a lease-up rate of

90 percent of units in its HUD-approved

budget for the HA fiscal year prior to

application for funding in each of its

rental voucher and certificate programs.

F. Family Unification Application

Selection Process

After the HUD Office has screened HA

applications and disapproved any

applications unacceptable for further

processing (See Section E.(2) of this

NOFA), the HUD Office will review and

rate all approvable applications,

utilizing the Threshold Criteria and the

point assignments listed in this NOFA.

Each HUD Office will send to HUD

Headquarters the following information

on each application that passes the

Threshold Criteria:

(1) Name and address of the HA;
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Notices 19767

(2) Name and address of the Public

Child Welfare Agency;

(3) State Office, Area Office, or Native

American Programs Office contact

person and telephone number;

(4) The number of rental certificates

in the HA application and minimum

number of rental certificates specified in

the HA application, and the

corresponding budget authority

acceptable to the HA; and

(5) A completed fund reservation

worksheet for the number of rental

certificates requested in the application.

HUD Headquarters will select eligible

HAs to be funded based on a lottery. All

HAs identified by the HUD Offices as

meeting the Threshold Criteria

identified in this NOFA will be eligible

for the lottery selection process. As HAs

are selected, the costs of funding the

applications will be counted against the

total funds available for the Family

Unification Program. In order to achieve

geographic diversity, HUD Headquarters

will limit the number of applications

selected for funding under the lottery

for any State to 10 percent of the budget

authority made available under this

NOFA.

Applications will be funded in full for

the number of rental certificates

requested by the HA in accordance with

the NOFA. However, when remaining

rental certificate funds are insufficient

to fund the last HA application in full,

HUD Headquarters may fund that

application to the extent of the funding

available and the applicant’s

willingness to accept a reduced number

of rental certificates. Applicants that do

not wish to have the size of their

programs reduced may indicate in their

applications that they do not wish to be

considered for a reduced award of

funds. HUD Headquarters will skip over

these applicants if assigning the

remaining funding would result in a

reduced funding level.

G. Other Matters

Environmental Impact

A Finding of No Significant Impact

with respect to the environment for all

funding available under this NOFA 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.

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.

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.

Section 102 of the HUD Reform Act:

Documentation and Public Access

Requirements

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 fiveyear period beginning not less than 30

calendar 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 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.)

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), 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 or employees who have

ethics-related questions should contact

the HUD Office of Ethics (202) 708–3815

(TDD/Voice) (this is not a toll-free

number). Any HUD employee who has

specific program questions, such as

whether particular subject matter can be

discussed with persons outside the

Department, should contact the

appropriate Field Office Counsel or

Headquarters counsel for the program to

which the question pertains.

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.

Dated: April 23, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public

and Indian Housing.

[FR Doc. 96–10886 Filed 5–1–96; 8:45 am]

BILLING CODE 4210–33–P