Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Conforming Amendment To Include Students With Disabilities Receiving Assistance as of November 30, 2005, 49332-49333 [E8-19435]

Download as PDF 49332 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 5 [Docket No. FR–5226–F–01] RIN 2501–AD43 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Conforming Amendment To Include Students With Disabilities Receiving Assistance as of November 30, 2005 Office of the Secretary, HUD. Final rule. AGENCY: ACTION: SUMMARY: This rule makes a conforming amendment to HUD’s regulation that restricts individuals enrolled in an institution of higher education and who meet certain other requirements from receiving assistance under section 8 of the U.S. Housing Act of 1937. That regulation was required by statute to be promulgated in 2005, and the statute was subsequently amended to exempt from this restriction students with disabilities who were receiving section 8 assistance as of November 30, 2005. DATES: Effective Date: September 22, 2008. For Section 8 voucher issues, Danielle L. Bastarache, Director, Housing Voucher Management and Operations Division, Office of Public and Indian Housing, Room 4210, telephone number 202– 402–5264; for the Office of Housing’s project-based Section 8, Gail Williamson, Director, Housing Assistance Policy Division, Room 6138, telephone number 202–708–3000. For all of the individuals, the address is Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410–8000. None of the aforementioned telephone numbers are toll-free numbers. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at 1–800–877–8339. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: sroberts on PROD1PC70 with RULES I. Background Fiscal Year (FY) 2006 appropriations for HUD, enacted in Title III of Public Law 109–115, approved on November 30, 2005, contained an administrative provision (section 327) that placed restrictions on housing assistance that can be provided to students of higher education under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (1937 Act). Specifically, section 327 provided as follows: VerDate Aug<31>2005 16:30 Aug 20, 2008 Jkt 214001 (a) No assistance shall be provided under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual who— (1) Is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); (2) Is under 24 years of age; (3) Is not a veteran; (4) Is unmarried; (5) Does not have a dependent child; and (6) Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children. This law was enacted to address incidents of college students obtaining federal housing assistance without their educational financial assistance counting as income for purposes of income eligibility for federal housing assistance. The law also described how educational financial assistance is to be treated in the calculation of income for purposes of determining eligibility. Section 327 directed HUD to issue a final rule to carry out this section no later than 30 days from the date of enactment of the law, and HUD issued its final rule on December 30, 2005 (70 FR 77742). Public Law 109–249, approved on July 27, 2006, amended section 327 to exempt, from the restrictions placed on the provision of housing assistance to students enrolled at an institution of higher education, students with disabilities, as such term is defined in section 3(b)(3)(E) of the 1937 Act, and who were receiving assistance under section 8 of the 1937 Act as of November 30, 2005. FY 2007 appropriations for HUD were provided as part of the Continuing Appropriations Resolutions, 2007, signed by President George W. Bush on February 15, 2007 (Pub. L. 110–5). HUD’s FY 2007 appropriations, found in Title I and Chapter 10 of Title II of the Continuing Appropriations Resolution, 2007, funded HUD appropriations accounts at the same levels provided in FY 2006, and under the same conditions and restrictions imposed by Public Law 109–115. Given that funding for FY 2007 was subject to the same conditions PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 as those imposed on FY 2006 funds, HUD concluded that the restrictions on assistance to students, enacted in Public Law 109–115, as amended by Public Law 109–249, remained in place. FY 2008 appropriations for HUD were provided as part of the Consolidated Appropriations Act, 2008 (Pub. L. 110– 161, approved on December 26, 2007). An administrative provision, section 218, of Title II of Division K of the Consolidated Appropriations Act, 2008, included the language of section 327 as amended by Public Law 109–249, placing restrictions on assistance to students enrolled in institutions of higher education, with an exemption for students who are persons of disabilities who were receiving section 8 assistance as of November 30, 2005. II. This Final Rule HUD is issuing this final rule to conform its regulation in 24 CFR 5.612 to include the exemption for persons with disabilities who were receiving section 8 assistance as of November 30, 2005. III. Justification for Final Rule HUD generally publishes a rule for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking in 24 CFR part 10. Part 10, however, provides for exceptions to the general rule if HUD finds good cause to omit advanced notice and public participation. The good cause requirement is satisfied when prior public procedure is ‘‘impractical, unnecessary, or contrary to the public interest’’ (see 24 CFR 10.1). HUD has determined that prior public comment is unnecessary, because this rule is limited to making a conforming change so that HUD’s regulation in 24 CFR 5.612 fully reflects all statutory requirements. No discretion is being exercised through this rulemaking. The statute provides for the exemption that is being added to the regulation, and the statutory exemption has been in place and implemented since 2006. IV. Findings and Certifications Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule imposes no additional economic or other burdens on small entities. As noted earlier, this rule is limited to E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations making a conforming change so that HUD’s regulation in 24 CFR 5.612 fully reflects all statutory requirements pertaining to restrictions on housing assistance to students enrolled in institutions of higher education. The entities covered by the statutory restrictions in section 8 of the 1937 Act, which are agencies administering tenant-based and project-based assisted housing, already are familiar with the exemption for students with disabilities receiving section 8 assistance as of November 30, 2005, added by statute in July 2006. Accordingly, the undersigned certifies that this final rule would not have a significant economic impact on a substantial number of small entities. Environmental Impact In accordance with 24 CFR 50.19(c)(1) of the Department’s regulations, this rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Therefore, this final rule is categorically excluded from the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.). Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531–1538) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. This rule does not impose any federal mandates on any state, local, or tribal government or the private sector within the meaning of UMRA. sroberts on PROD1PC70 with RULES Executive Order 13132 (entitled ‘‘Federalism’’) prohibits, to the extent practicable and permitted by law, an agency from publishing any rule that has federalism implications and either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. 16:30 Aug 20, 2008 Jkt 214001 Administrative practice and procedure, Aged, Claims, Crime, Government contracts, Grant programs—housing and community development, Individuals with disabilities, Intergovernmental relations, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages. I Accordingly, for the reasons stated in the preamble, HUD amends 24 CFR part 5 as follows: PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS 1. The authority citation for 24 CFR part 5 continues to read as follows: I Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub. L. 109–115, 119 Stat. 2936. I 2. In § 5.612, remove the word ‘‘and’’ at the end of paragraph (e), redesignate paragraph (f) as paragraph (g), and add a new paragraph (f) to read as follows: § 5.612 Restrictions on assistance to students enrolled in an institution of higher education. * * * * * (f) Is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the 1937 Act and was not receiving assistance under section 8 of the 1937 Act as of November 30, 2005; and * * * * * Dated: August 13, 2008. Roy A. Bernardi, Deputy Secretary. [FR Doc. E8–19435 Filed 8–20–08; 8:45 am] BILLING CODE 4210–67–P Executive Order 13132, Federalism VerDate Aug<31>2005 List of Subjects in 24 CFR Part 5 POSTAL SERVICE 39 CFR Part 111 Implementation of New Standards for Intelligent Mail Barcodes Postal ServiceTM. Final rule. AGENCY: ACTION: SUMMARY: On April 30, 2008, we published in the Federal Register (Volume 73, Number 84, pages 23393– 23403) proposed mailing standards to require the use of Intelligent Mail barcodes on all letters and flats mailed at automation prices as of May 2010. We described two options for using PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 49333 Intelligent Mail barcodes as of May 2009: The basic option and the fullservice option. In this final rule, we summarize comments received in response to our proposed rule and provide our new mailing standards for the use of Intelligent Mail barcodes. DATES: Effective Date: May 11, 2009. FOR FURTHER INFORMATION CONTACT: Bill Chatfield at 202–268–7278 or Karen Zachok at 202–268–8779. SUPPLEMENTARY INFORMATION: Current mailing standards require either POSTNETTM barcodes or Intelligent Mail barcodes on letters and flats mailed at automation prices and on letters mailed at Standard Mail enhanced carrier route prices. Both barcode formats contain routing information, but Intelligent Mail barcodes offer additional options. They can include indicators for added services such as Address Change Service and Confirm, and enable tracking of individual mailpieces through our processing system. This additional visibility adds value to the mail and enables us to monitor service. In response to many mailer requests, we will continue to allow POSTNET barcodes on automation letters and flats until May 2011. However, effective May 2009, we will require all automation flats to bear barcodes that include delivery point routing codes, as currently required for automation letters. In May 2009, we will offer two options for using Intelligent Mail barcodes. Under the basic option, mailers will use the Intelligent Mail barcode on their letter and flat mailpieces. The basic Intelligent Mail barcode contains routing information for the delivery address but does not need to uniquely identify the mailpiece. Under the full-service option mailers must: Use unique Intelligent Mail barcodes on mailpieces; use Intelligent Mail tray barcodes and Intelligent Mail container barcodes; and electronically submit postage statements and mailing documentation. We will offer customers who qualify for the full-service Intelligent Mail option the following benefits in May 2009: • Start-the-clock information at no additional charge to notify mailers when USPS  takes possession of mailings, and • Address correction information at no charge for qualified letters and flats that do not have the most current address or that are undeliverable for other reasons, when those pieces are endorsed as specified for OneCode ACS TM. E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Rules and Regulations]
[Pages 49332-49333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19435]



[[Page 49332]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR-5226-F-01]
RIN 2501-AD43


Eligibility of Students for Assisted Housing Under Section 8 of 
the U.S. Housing Act of 1937; Conforming Amendment To Include Students 
With Disabilities Receiving Assistance as of November 30, 2005

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule makes a conforming amendment to HUD's regulation 
that restricts individuals enrolled in an institution of higher 
education and who meet certain other requirements from receiving 
assistance under section 8 of the U.S. Housing Act of 1937. That 
regulation was required by statute to be promulgated in 2005, and the 
statute was subsequently amended to exempt from this restriction 
students with disabilities who were receiving section 8 assistance as 
of November 30, 2005.

DATES: Effective Date: September 22, 2008.

FOR FURTHER INFORMATION CONTACT: For Section 8 voucher issues, Danielle 
L. Bastarache, Director, Housing Voucher Management and Operations 
Division, Office of Public and Indian Housing, Room 4210, telephone 
number 202-402-5264; for the Office of Housing's project-based Section 
8, Gail Williamson, Director, Housing Assistance Policy Division, Room 
6138, telephone number 202-708-3000. For all of the individuals, the 
address is Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-8000. None of the aforementioned 
telephone numbers are toll-free numbers. Persons with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Fiscal Year (FY) 2006 appropriations for HUD, enacted in Title III 
of Public Law 109-115, approved on November 30, 2005, contained an 
administrative provision (section 327) that placed restrictions on 
housing assistance that can be provided to students of higher education 
under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (1937 
Act). Specifically, section 327 provided as follows:

    (a) No assistance shall be provided under Section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
    (1) Is enrolled as a student at an institution of higher 
education (as defined under section 102 of the Higher Education Act 
of 1965 (20 U.S.C. 1002));
    (2) Is under 24 years of age;
    (3) Is not a veteran;
    (4) Is unmarried;
    (5) Does not have a dependent child; and
    (6) Is not otherwise individually eligible, or has parents who, 
individually or jointly, are not eligible, to receive assistance 
under section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act 
of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of 
amounts received for tuition) that an individual receives under the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined under the 
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
income to that individual, except for a person over the age of 23 
with dependent children.

    This law was enacted to address incidents of college students 
obtaining federal housing assistance without their educational 
financial assistance counting as income for purposes of income 
eligibility for federal housing assistance. The law also described how 
educational financial assistance is to be treated in the calculation of 
income for purposes of determining eligibility.
    Section 327 directed HUD to issue a final rule to carry out this 
section no later than 30 days from the date of enactment of the law, 
and HUD issued its final rule on December 30, 2005 (70 FR 77742).
    Public Law 109-249, approved on July 27, 2006, amended section 327 
to exempt, from the restrictions placed on the provision of housing 
assistance to students enrolled at an institution of higher education, 
students with disabilities, as such term is defined in section 
3(b)(3)(E) of the 1937 Act, and who were receiving assistance under 
section 8 of the 1937 Act as of November 30, 2005.
    FY 2007 appropriations for HUD were provided as part of the 
Continuing Appropriations Resolutions, 2007, signed by President George 
W. Bush on February 15, 2007 (Pub. L. 110-5). HUD's FY 2007 
appropriations, found in Title I and Chapter 10 of Title II of the 
Continuing Appropriations Resolution, 2007, funded HUD appropriations 
accounts at the same levels provided in FY 2006, and under the same 
conditions and restrictions imposed by Public Law 109-115. Given that 
funding for FY 2007 was subject to the same conditions as those imposed 
on FY 2006 funds, HUD concluded that the restrictions on assistance to 
students, enacted in Public Law 109-115, as amended by Public Law 109-
249, remained in place.
    FY 2008 appropriations for HUD were provided as part of the 
Consolidated Appropriations Act, 2008 (Pub. L. 110-161, approved on 
December 26, 2007). An administrative provision, section 218, of Title 
II of Division K of the Consolidated Appropriations Act, 2008, included 
the language of section 327 as amended by Public Law 109-249, placing 
restrictions on assistance to students enrolled in institutions of 
higher education, with an exemption for students who are persons of 
disabilities who were receiving section 8 assistance as of November 30, 
2005.

II. This Final Rule

    HUD is issuing this final rule to conform its regulation in 24 CFR 
5.612 to include the exemption for persons with disabilities who were 
receiving section 8 assistance as of November 30, 2005.

III. Justification for Final Rule

    HUD generally publishes a rule for public comment before issuing a 
rule for effect, in accordance with its own regulations on rulemaking 
in 24 CFR part 10. Part 10, however, provides for exceptions to the 
general rule if HUD finds good cause to omit advanced notice and public 
participation. The good cause requirement is satisfied when prior 
public procedure is ``impractical, unnecessary, or contrary to the 
public interest'' (see 24 CFR 10.1). HUD has determined that prior 
public comment is unnecessary, because this rule is limited to making a 
conforming change so that HUD's regulation in 24 CFR 5.612 fully 
reflects all statutory requirements. No discretion is being exercised 
through this rulemaking. The statute provides for the exemption that is 
being added to the regulation, and the statutory exemption has been in 
place and implemented since 2006.

IV. Findings and Certifications

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule imposes no additional economic or other burdens on small 
entities. As noted earlier, this rule is limited to

[[Page 49333]]

making a conforming change so that HUD's regulation in 24 CFR 5.612 
fully reflects all statutory requirements pertaining to restrictions on 
housing assistance to students enrolled in institutions of higher 
education. The entities covered by the statutory restrictions in 
section 8 of the 1937 Act, which are agencies administering tenant-
based and project-based assisted housing, already are familiar with the 
exemption for students with disabilities receiving section 8 assistance 
as of November 30, 2005, added by statute in July 2006. Accordingly, 
the undersigned certifies that this final rule would not have a 
significant economic impact on a substantial number of small entities.

Environmental Impact

    In accordance with 24 CFR 50.19(c)(1) of the Department's 
regulations, this rule does not direct, provide for assistance or loan 
and mortgage insurance for, or otherwise govern or regulate, real 
property acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Therefore, this final rule is categorically 
excluded from the requirements of the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1531-1538) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and the private sector. This rule does not impose 
any federal mandates on any state, local, or tribal government or the 
private sector within the meaning of UMRA.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from publishing any 
rule that has federalism implications and either imposes substantial 
direct compliance costs on state and local governments and is not 
required by statute, or the rule preempts state law, unless the agency 
meets the consultation and funding requirements of section 6 of the 
Executive Order. This rule does not have federalism implications and 
does not impose substantial direct compliance costs on state and local 
governments or preempt state law within the meaning of the Executive 
Order.

List of Subjects in 24 CFR Part 5

    Administrative practice and procedure, Aged, Claims, Crime, 
Government contracts, Grant programs--housing and community 
development, Individuals with disabilities, Intergovernmental 
relations, Loan programs--housing and community development, Low and 
moderate income housing, Mortgage insurance, Penalties, Pets, Public 
housing, Rent subsidies, Reporting and recordkeeping requirements, 
Social security, Unemployment compensation, Wages.

0
Accordingly, for the reasons stated in the preamble, HUD amends 24 CFR 
part 5 as follows:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

0
1. The authority citation for 24 CFR part 5 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), 
and Sec. 327, Pub. L. 109-115, 119 Stat. 2936.


0
2. In Sec.  5.612, remove the word ``and'' at the end of paragraph (e), 
redesignate paragraph (f) as paragraph (g), and add a new paragraph (f) 
to read as follows:


Sec.  5.612  Restrictions on assistance to students enrolled in an 
institution of higher education.

* * * * *
    (f) Is not a person with disabilities, as such term is defined in 
section 3(b)(3)(E) of the 1937 Act and was not receiving assistance 
under section 8 of the 1937 Act as of November 30, 2005; and
* * * * *

    Dated: August 13, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E8-19435 Filed 8-20-08; 8:45 am]
BILLING CODE 4210-67-P
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