60-Day Notice of Proposed Information Collection: Moving to Work Amendment to Consolidated Annual Contributions Contract (ACC), 15059-15061 [2023-04954]
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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
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Total Other Assistance Flood Damage
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Approved Amount (Aggregated
Eligibility Amount) Total Other Needs
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Amount
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or as amended.
Bradley S. Jewitt,
Senior Agency Official for Privacy,
Department of Housing & Urban
Development.
[FR Doc. 2023–04953 Filed 3–9–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–FR–7076–N–06; OMB
Control No. 2577–0294]
60-Day Notice of Proposed Information
Collection: Moving to Work
Amendment to Consolidated Annual
Contributions Contract (ACC)
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
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.
SUMMARY:
DATES:
Comments Due Date: May 9,
lotter on DSK11XQN23PROD with NOTICES1
2023.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection can be sent
within 60 days of publication of this
notice to OIRA_submission@
ADDRESSES:
VerDate Sep<11>2014
17:45 Mar 09, 2023
Jkt 259001
15059
omb.eop.gov or www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 60-day Review—Open
for Public Comments’’ or by using the
search function. Interested persons are
also invited to submit comments
regarding this proposal by name and/or
OMB Control Number and can be sent
to: Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 8210, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information.
FOR FURTHER INFORMATION CONTACT: Leea
Thornton, Office of Policy, Program and
Legislative Initiatives, Public and Indian
Housing, Department of Housing and
Urban Development, 451 7th Street SW,
Room 3178, Washington, DC 20410;
telephone 202–402–6455. HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs. Copies of available
documents submitted to OMB may be
obtained from Ms. Thornton.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
This initial Operations Notice was
followed by subsequent Federal
Register notices. On May 4, 2017, HUD
published the Operations Notice for the
Expansion of the Moving to Work
Demonstration Program Solicitation of
Comment; Waiver Revision and
Reopening of Comment Period.’’ On
October 5, 2018, HUD published a
further Operations Notice (83 FR 50387)
(a correction and extension of the
comment period was published on
October 11, 2018 (83 FR 51474)). This
notice made changes as a result of the
prior public comments, and again
solicited public comments. After
reviewing these comments and making
changes, the Operations Notice was then
published for implementation on
August 28, 2020 (85 FR 53444).
On December 27, 2018, HUD issued
for public comment the 60-day notice
for the Moving to Work Amendment to
the Consolidated Annual Contributions
Contract (the ‘‘MTW ACC Amendment’’)
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (83 FR 66738). The
MTW ACC Amendment was revised in
response to public comments received
under the 60-day Notice. The formal
title was also changed to the ‘‘Moving to
Work Amendment to the Annual
Contributions Contract(s).’’ On,
November 8, 2019, HUD issued for the
public comment the 30-day notice for
The MTW ACC Amendment. The MTW
ACC Amendment was further revised in
response to public comments received
under the 30-day Notice, and published
for use on August 31, 2020. This notice
seeks public comment on the renewal of
MTW ACC Amendment.
A. Background
In order to implement the expanded
MTW program under division L, title II
of the Consolidated Appropriations Act,
2016 (Pub. L. 114–113, December 18,
2015), HUD issued the first Operations
Notice of the Expansion of the Moving
to Work Demonstration Program
Solicitation of Comment (82 FR 8056,
January 23, 2017) (Operations Notice),
and solicited public comment. This
notice established requirements for the
implementation and continued
operation of the expansion of the MTW
demonstration program pursuant to the
2016 MTW Expansion Statute and
certain pre-approved waivers to
establish program flexibility for
participants. These waivers will be
available to MTW PHAs when the
revised MTW ACC Amendment is
executed. The Operations Notice also
provided that the 100 PHAs would be
selected in cohorts, with applications
for each cohort to be sought via a
Selection Notice.
B. Overview of Information Collection
Title of Information Collection:
Moving to Work Amendment to
Consolidated Annual Contributions
Contract(s).
OMB Approval Number: 2577–0294.
Type of Request: Renewal of a
currently approved collection.
Form Number: HUD–50166.
Description of the need for the
information and proposed use: The
proposed Moving to Work (MTW)
Amendment to the Annual
Contributions Contract(s), signed by
HUD and the selected Public Housing
Authority (PHA), is necessary for HUD
to implement the expansion of the
Moving to Work program enacted by
Congress in the Consolidated
Appropriations Act, 2016 (Pub. L. 114–
113, approved December 18, 2015)
(2016 Appropriation). It establishes the
basic terms and conditions that will
apply to 100 new PHAs participating in
the MTW demonstration pursuant to the
2016 Appropriation. Specifically, the
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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
MTW ACC Amendment amends any
ACCs for the public housing or housing
choice voucher programs in effect
between the PHA and HUD to establish
the PHA’s designation as an MTW
agency and to operate in accordance
with the requirements of the MTW
demonstration program, as amended by
Public Law 114–113. The MTW ACC
Amendment establishes the terms of
participation in MTW, including the
requirement that the PHA follow the
Amendment is published at the end of
this notice.
Respondents: Public Housing
Authorities.
Estimated Number of Respondents:
100.
Estimated Number of Responses: 100.
Frequency of Response: 1.
Total Estimated Burdens: The burden
costs associated with this collection are
as follows:
Information collection
Number of
respondents
Frequency of
response
Responses
per annum
Burden hour
per response
Annual
burden hours
Hourly cost
per response
Cost
HUD–50166 MTW ACC
Amendment.
100
1 each ............
0
1.00
0
$52.88
$5,288
The burden costs shown represent
burden associated with a one-time
review and execution of the MTW ACC
Amendment for 100 PHAs to be
designated as MTW pursuant to the
FY2016 Appropriations Statute.
C. 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.
D. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
lotter on DSK11XQN23PROD with NOTICES1
MTW Operations Notice and its
respective Selection Notice. The PHAs
remain subject to the applicable ACCs to
the extent that the provisions thereof are
not otherwise waived by the Operations
Notice or the applicable MTW Selection
Notice. Additionally, the MTW ACC
Amendment outlines PHA transition out
of the demonstration and HUD
termination rights upon PHA default. A
copy of the proposed MTW ACC
Steven Durham,
Acting Chief, Office of Policy, Programs and
Legislative Initiatives.
Moving to Work Amendment to Annual
Contributions Contract(s)
Section 1. This Moving to Work
(MTW) Amendment to the Annual
Contributions Contract(s) (MTW ACC
Amendment) is entered into between
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17:45 Mar 09, 2023
Jkt 259001
the United States Department of
Housing and Urban Development
(‘‘HUD’’) and lll (the ‘‘Public
Housing Agency, ‘‘PHA’’).
Section 2. This MTW ACC
Amendment is an amendment to any
Annual Contributions Contract(s)
(‘‘ACC’’) or Annual Contributions Terms
and Conditions (‘‘ACC’’) in effect
between the PHA and HUD for the
Public Housing and Housing Choice
Voucher programs.
Section 3. The ACC is amended in
connection with the PHA’s designation
as a participant in the expansion of the
MTW demonstration pursuant to
Section 239 of the Consolidated
Appropriations Act, 2016, Public Law
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, Public Law 104–134; 110
Stat. 1321–281 (1996 MTW statute). The
PHA’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 as it is issued as
it and may be amended in the future, or
any successor notice issued by HUD,
(‘‘the MTW Operations Notice’’).
Section 4. The term of this
amendment shall be for 20 years from
the beginning of the PHA’s first full
fiscal year following execution by the
PHA and HUD; or, until termination of
this amendment, whichever is sooner.
Section 5. Requirements and
Covenants.
(A) As a participant in the MTW
demonstration, the PHA must operate in
accordance with the express terms and
conditions set forth in the MTW
Operations Notice. The MTW
Operations Notice may be superseded or
amended by HUD at any time during the
twenty-year MTW term.
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(B) The PHA will cooperate fully with
HUD and its contractors for the duration
of the HUD-sponsored evaluation of the
cohort of the MTW Expansion for which
the PHA was selected and shall comply
with all aspects of its Cohort Study as
outlined in the selection notice under
which the PHA was designated.
(C) The PHA is only exempted from
specific provisions of the Housing Act
of 1937 (‘‘the Act’’) and its
implementing regulations as specified
in the MTW Operations Notice. Each
such exemption also extends to
subregulatory guidance to the extent
that the subregulatory guidance
implements the provisions of the Act or
its implementing regulations exempted
pursuant to the MTW Operations
Notice. The PHA remains subject to all
other applicable requirements
including, but not limited to, those in
Title 24 of the Code of Federal
Regulations and Title 42 of the U.S.
Code, Appropriations Acts, Annual
Contributions Contracts, notices of
funding availability under which the
PHA has received funds, and the
applicable requirements listed in the
MTW Operations Notice (collectively,
‘‘the Requirements’’), as they may be
amended or implemented in the future.
Accordingly, if any Requirement, other
than the provisions of the Act and its
implementing regulatory requirements
or subregulatory guidance exempted
pursuant to this MTW ACC Amendment
and the MTW Operations Notice,
conflicts with any exemption or
authorization granted by this MTW ACC
Amendment, the MTW Agency remains
subject to that Requirement.
Section 6. At least one year prior to
expiration of this MTW ACC
Amendment,1 the PHA shall submit a
1 Should the PHA receive an extension(s) of its
MTW participation (e.g., by extension or
replacement of its MTW ACC Amendment) the
E:\FR\FM\10MRN1.SGM
10MRN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
transition plan to HUD. It is the PHA’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
ACC Amendment. The transition plan
shall describe plans for phasing out
such activities. The plan may also
include any proposals of authorizations/
features of the ACC Amendment and the
MTW Operations Notice that the PHA
wishes to continue beyond the
expiration of the MTW ACC
Amendment. The PHA shall specify the
proposed duration and shall provide
justification for extension of such
authorization/features. HUD will review
and respond to timely-submitted
transition plans from the PHA in writing
within 75-days or they are deemed
approved. Only authorizations/features
specifically approved for extension shall
continue beyond the term of the MTW
ACC Amendment. The extended
features shall remain in effect only for
the duration and in the manner
specified in the approved transition
plan and be subject to any necessary
ACC Amendments as required by HUD.
Section 7. Termination and Default.
(A) If the PHA violates or fails to
comply with any requirement or
provision of the ACC, including this
amendment, HUD is authorized to take
any corrective or remedial action
described in this Section 7 for PHA
default or any other right or remedy
existing under applicable law, or
available at equity. HUD will give the
PHA written notice of any default,
which shall identify with specificity the
measures, which the PHA must take to
cure the default and provide a specific
time frame for the PHA to cure the
default, taking into consideration the
nature of the default. The PHA 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 PHA the opportunity
to cure.
(B) If the PHA is in default of this
MTW ACC Amendment and/or the
MTW Operations Notice and the default
transition plan will be due one year prior to the end
of the extension(s).
VerDate Sep<11>2014
17:45 Mar 09, 2023
Jkt 259001
has not been cured, HUD may,
undertake any one or all remedies
available by law, including but not
limited to the following:
i. Require additional reporting by the
PHA on the deficient areas and the steps
being taken to address the deficiencies;
ii. Require the PHA 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;
iii. Suspend the MTW waiver
authorization for the affected activities;
iv. Require reimbursement by the
PHA to HUD for amounts used in
violation of this MTW ACC
Amendment;
v. Terminate this MTW ACC
Amendment and require the PHA to
transition out of MTW;
vi. Restrict a PHA’s ability to use its
MTW funding flexibly; and/or
vii. Take any other corrective or
remedial action legally available.
(C) The PHA may choose to terminate
this MTW ACC Amendment at any time.
Upon HUD’s receipt of written
notification from the PHA and a copy of
a resolution approving termination from
its governing board, termination will be
effective. The PHA will then begin to
transition out of MTW and will work
with HUD to establish an orderly phaseout of MTW activities, consistent with
Section 6 of this MTW ACC
Amendment.
(D) Nothing contained in this ACC
Amendment shall prohibit or limit HUD
from the exercise of any other right or
remedy existing under any ACC 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 ACC
Amendment, any future law that
conflicts with any provision of this ACC
Amendment, as determined by HUD,
shall not be deemed to be a breach of
this ACC Amendment. Nor shall HUD’s
execution of any future law be deemed
a breach of this ACC Amendment. Any
future laws affecting the PHA’s funding,
even if that future law causes a decrease
in the PHA’s funding, shall not be
deemed a breach of this ACC
Amendment. No future law or HUD’s
execution thereof shall serve as a basis
for a breach of contract claim in any
court.
Section 9. If any clause, or portion of
a clause, in this Agreement is
considered invalid under the rule of
law, it shall be regarded as stricken
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15061
while the remainder of this Agreement
shall continue to be in full effect.
In consideration of the foregoing
covenants, the parties do hereby execute
this MTW ACC Amendment:
PHA
lllllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
United States Department of Housing
and Urban Development
lllllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
[FR Doc. 2023–04954 Filed 3–9–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7075–N–01]
60-Day Notice of Proposed Information
Collection: Study of Childcare in
Public Housing; OMB Control No.:
2528–XXX
Office of Policy Development
and Research, HUD.
ACTION: Notice.
AGENCY:
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.
SUMMARY:
DATES:
Comments Due Date: May 9,
2023.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection can be sent
within 60 days of publication of this
notice to OIRA_submission@
omb.eop.gov or www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 60-day Review—Open
for Public Comments’’ or by using the
search function. Interested persons are
also invited to submit comments
regarding this proposal by name and/or
OMB Control Number and can be sent
to: Anna Guido, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 8210, Washington, DC
ADDRESSES:
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15059-15061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04954]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-FR-7076-N-06; OMB Control No. 2577-0294]
60-Day Notice of Proposed Information Collection: Moving to Work
Amendment to Consolidated Annual Contributions Contract (ACC)
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
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: May 9, 2023.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection can be sent within 60 days of publication of
this notice to [email protected] or www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 60-day Review--Open for Public Comments'' or by using
the search function. Interested persons are also invited to submit
comments regarding this proposal by name and/or OMB Control Number and
can be sent to: Colette Pollard, Reports Management Officer, REE,
Department of Housing and Urban Development, 451 7th Street SW, Room
8210, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a
toll-free number) or email at [email protected] for a copy of the
proposed forms or other available information.
FOR FURTHER INFORMATION CONTACT: Leea Thornton, Office of Policy,
Program and Legislative Initiatives, Public and Indian Housing,
Department of Housing and Urban Development, 451 7th Street SW, Room
3178, Washington, DC 20410; telephone 202-402-6455. HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of available documents
submitted to OMB may be obtained from Ms. Thornton.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Background
In order to implement the expanded MTW program under division L,
title II of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113,
December 18, 2015), HUD issued the first Operations Notice of the
Expansion of the Moving to Work Demonstration Program Solicitation of
Comment (82 FR 8056, January 23, 2017) (Operations Notice), and
solicited public comment. This notice established requirements for the
implementation and continued operation of the expansion of the MTW
demonstration program pursuant to the 2016 MTW Expansion Statute and
certain pre-approved waivers to establish program flexibility for
participants. These waivers will be available to MTW PHAs when the
revised MTW ACC Amendment is executed. The Operations Notice also
provided that the 100 PHAs would be selected in cohorts, with
applications for each cohort to be sought via a Selection Notice.
This initial Operations Notice was followed by subsequent Federal
Register notices. On May 4, 2017, HUD published the Operations Notice
for the Expansion of the Moving to Work Demonstration Program
Solicitation of Comment; Waiver Revision and Reopening of Comment
Period.'' On October 5, 2018, HUD published a further Operations Notice
(83 FR 50387) (a correction and extension of the comment period was
published on October 11, 2018 (83 FR 51474)). This notice made changes
as a result of the prior public comments, and again solicited public
comments. After reviewing these comments and making changes, the
Operations Notice was then published for implementation on August 28,
2020 (85 FR 53444).
On December 27, 2018, HUD issued for public comment the 60-day
notice for the Moving to Work Amendment to the Consolidated Annual
Contributions Contract (the ``MTW ACC Amendment'') under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. (83 FR 66738). The MTW ACC
Amendment was revised in response to public comments received under the
60-day Notice. The formal title was also changed to the ``Moving to
Work Amendment to the Annual Contributions Contract(s).'' On, November
8, 2019, HUD issued for the public comment the 30-day notice for The
MTW ACC Amendment. The MTW ACC Amendment was further revised in
response to public comments received under the 30-day Notice, and
published for use on August 31, 2020. This notice seeks public comment
on the renewal of MTW ACC Amendment.
B. Overview of Information Collection
Title of Information Collection: Moving to Work Amendment to
Consolidated Annual Contributions Contract(s).
OMB Approval Number: 2577-0294.
Type of Request: Renewal of a currently approved collection.
Form Number: HUD-50166.
Description of the need for the information and proposed use: The
proposed Moving to Work (MTW) Amendment to the Annual Contributions
Contract(s), signed by HUD and the selected Public Housing Authority
(PHA), is necessary for HUD to implement the expansion of the Moving to
Work program enacted by Congress in the Consolidated Appropriations
Act, 2016 (Pub. L. 114-113, approved December 18, 2015) (2016
Appropriation). It establishes the basic terms and conditions that will
apply to 100 new PHAs participating in the MTW demonstration pursuant
to the 2016 Appropriation. Specifically, the
[[Page 15060]]
MTW ACC Amendment amends any ACCs for the public housing or housing
choice voucher programs in effect between the PHA and HUD to establish
the PHA's designation as an MTW agency and to operate in accordance
with the requirements of the MTW demonstration program, as amended by
Public Law 114-113. The MTW ACC Amendment establishes the terms of
participation in MTW, including the requirement that the PHA follow the
MTW Operations Notice and its respective Selection Notice. The PHAs
remain subject to the applicable ACCs to the extent that the provisions
thereof are not otherwise waived by the Operations Notice or the
applicable MTW Selection Notice. Additionally, the MTW ACC Amendment
outlines PHA transition out of the demonstration and HUD termination
rights upon PHA default. A copy of the proposed MTW ACC Amendment is
published at the end of this notice.
Respondents: Public Housing Authorities.
Estimated Number of Respondents: 100.
Estimated Number of Responses: 100.
Frequency of Response: 1.
Total Estimated Burdens: The burden costs associated with this
collection are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Responses per Burden hour per Annual burden Hourly cost per
Information collection respondents response annum response hours response Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
HUD-50166 MTW ACC Amendment.. 100 1 each............. 0 1.00 0 $52.88 $5,288
--------------------------------------------------------------------------------------------------------------------------------------------------------
The burden costs shown represent burden associated with a one-time
review and execution of the MTW ACC Amendment for 100 PHAs to be
designated as MTW pursuant to the FY2016 Appropriations Statute.
C. 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.
D. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Steven Durham,
Acting Chief, Office of Policy, Programs and Legislative Initiatives.
Moving to Work Amendment to Annual Contributions Contract(s)
Section 1. This Moving to Work (MTW) Amendment to the Annual
Contributions Contract(s) (MTW ACC Amendment) is entered into between
the United States Department of Housing and Urban Development (``HUD'')
and ___ (the ``Public Housing Agency, ``PHA'').
Section 2. This MTW ACC Amendment is an amendment to any Annual
Contributions Contract(s) (``ACC'') or Annual Contributions Terms and
Conditions (``ACC'') in effect between the PHA and HUD for the Public
Housing and Housing Choice Voucher programs.
Section 3. The ACC is amended in connection with the PHA's
designation as a participant in the expansion of the MTW demonstration
pursuant to Section 239 of the Consolidated Appropriations Act, 2016,
Public Law 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,
Public Law 104-134; 110 Stat. 1321-281 (1996 MTW statute). The PHA'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 as it is issued as it and may be amended in the
future, or any successor notice issued by HUD, (``the MTW Operations
Notice'').
Section 4. The term of this amendment shall be for 20 years from
the beginning of the PHA's first full fiscal year following execution
by the PHA and HUD; or, until termination of this amendment, whichever
is sooner.
Section 5. Requirements and Covenants.
(A) As a participant in the MTW demonstration, the PHA must operate
in accordance with the express terms and conditions set forth in the
MTW Operations Notice. The MTW Operations Notice may be superseded or
amended by HUD at any time during the twenty-year MTW term.
(B) The PHA will cooperate fully with HUD and its contractors for
the duration of the HUD-sponsored evaluation of the cohort of the MTW
Expansion for which the PHA was selected and shall comply with all
aspects of its Cohort Study as outlined in the selection notice under
which the PHA was designated.
(C) The PHA is only exempted from specific provisions of the
Housing Act of 1937 (``the Act'') and its implementing regulations as
specified in the MTW Operations Notice. Each such exemption also
extends to subregulatory guidance to the extent that the subregulatory
guidance implements the provisions of the Act or its implementing
regulations exempted pursuant to the MTW Operations Notice. The PHA
remains subject to all other applicable requirements including, but not
limited to, those in Title 24 of the Code of Federal Regulations and
Title 42 of the U.S. Code, Appropriations Acts, Annual Contributions
Contracts, notices of funding availability under which the PHA has
received funds, and the applicable requirements listed in the MTW
Operations Notice (collectively, ``the Requirements''), as they may be
amended or implemented in the future. Accordingly, if any Requirement,
other than the provisions of the Act and its implementing regulatory
requirements or subregulatory guidance exempted pursuant to this MTW
ACC Amendment and the MTW Operations Notice, conflicts with any
exemption or authorization granted by this MTW ACC Amendment, the MTW
Agency remains subject to that Requirement.
Section 6. At least one year prior to expiration of this MTW ACC
Amendment,\1\ the PHA shall submit a
[[Page 15061]]
transition plan to HUD. It is the PHA'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 ACC Amendment.
The transition plan shall describe plans for phasing out such
activities. The plan may also include any proposals of authorizations/
features of the ACC Amendment and the MTW Operations Notice that the
PHA wishes to continue beyond the expiration of the MTW ACC Amendment.
The PHA shall specify the proposed duration and shall provide
justification for extension of such authorization/features. HUD will
review and respond to timely-submitted transition plans from the PHA in
writing within 75-days or they are deemed approved. Only
authorizations/features specifically approved for extension shall
continue beyond the term of the MTW ACC Amendment. The extended
features shall remain in effect only for the duration and in the manner
specified in the approved transition plan and be subject to any
necessary ACC Amendments as required by HUD.
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\1\ Should the PHA receive an extension(s) of its MTW
participation (e.g., by extension or replacement of its MTW ACC
Amendment) the transition plan will be due one year prior to the end
of the extension(s).
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Section 7. Termination and Default.
(A) If the PHA violates or fails to comply with any requirement or
provision of the ACC, including this amendment, HUD is authorized to
take any corrective or remedial action described in this Section 7 for
PHA default or any other right or remedy existing under applicable law,
or available at equity. HUD will give the PHA written notice of any
default, which shall identify with specificity the measures, which the
PHA must take to cure the default and provide a specific time frame for
the PHA to cure the default, taking into consideration the nature of
the default. The PHA 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 PHA the
opportunity to cure.
(B) If the PHA is in default of this MTW ACC Amendment and/or the
MTW Operations Notice 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. Require additional reporting by the PHA on the deficient areas
and the steps being taken to address the deficiencies;
ii. Require the PHA 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;
iii. Suspend the MTW waiver authorization for the affected
activities;
iv. Require reimbursement by the PHA to HUD for amounts used in
violation of this MTW ACC Amendment;
v. Terminate this MTW ACC Amendment and require the PHA to
transition out of MTW;
vi. Restrict a PHA's ability to use its MTW funding flexibly; and/
or
vii. Take any other corrective or remedial action legally
available.
(C) The PHA may choose to terminate this MTW ACC Amendment at any
time. Upon HUD's receipt of written notification from the PHA and a
copy of a resolution approving termination from its governing board,
termination will be effective. The PHA 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 ACC Amendment.
(D) Nothing contained in this ACC Amendment shall prohibit or limit
HUD from the exercise of any other right or remedy existing under any
ACC 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 ACC
Amendment, any future law that conflicts with any provision of this ACC
Amendment, as determined by HUD, shall not be deemed to be a breach of
this ACC Amendment. Nor shall HUD's execution of any future law be
deemed a breach of this ACC Amendment. Any future laws affecting the
PHA's funding, even if that future law causes a decrease in the PHA's
funding, shall not be deemed a breach of this ACC Amendment. No future
law or HUD's execution thereof shall serve as a basis for a breach of
contract claim in any court.
Section 9. If any clause, or portion of a clause, in this Agreement
is considered invalid under the rule of law, it shall be regarded as
stricken while the remainder of this Agreement shall continue to be in
full effect.
In consideration of the foregoing covenants, the parties do hereby
execute this MTW ACC Amendment:
PHA
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By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------
Date:------------------------------------------------------------------
United States Department of Housing and Urban Development
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By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------
Date:------------------------------------------------------------------
[FR Doc. 2023-04954 Filed 3-9-23; 8:45 am]
BILLING CODE 4210-67-P
