30 day FR Notice Justification

The Moving to Work (MTW) Supplement to the Annual PHA Plan is a new form in the PHA Plan data collection (OMB No. 2577-0226) and will serve as the reporting mechanism to the Department for the 100 Expansion MTW Agencies that will be designated as such pursuant to the Appropriations Act of 2016. The content in the MTW Supplement is tied directly to the MTW Operations Notice, which establishes requirements for the implementation and continued operation of the MTW Demonstration Program for the 199 Expansion MTW Agencies.

The MTW Operations Notice was published in the Federal Register several times for public comment. It was first published in the Federal Register on January 23, 2017 (82 FR 8056) for a 60-day public comment period, which was extended in May 2017. The MTW Operations Notice was published in the Federal Register on October 5, 2018 (83 FR 50387) for a 45-day public comment period. After comments were received, revisions to the MTW Operations Notice were completed and the final MTW Operations was published in the Federal Register on August 28, 2020 (85 FR 53444).

The PHA Plan data collection, including the MTW Supplement, was published for the 60-day public comment period in the Federal Register on October 9, 2018 (83 FR 50676). Since the content in the MTW Supplement must mirror what is in the MTW Operations Notice, HUD could not finalize the MTW Supplement until after the final MTW Operations Notice was finalized in August 2020. Once this occurred, the MTW Supplement form was updated to incorporate public comments and to ensure that it mirrors the final MTW Operations Notice, went through the required PIH and departmental clearance, and is now being submitted to OMB for publication for the 30-day Federal Register notice.

The first cohort of agencies will be announced in January 2021 and will need to be able to utilize the MTW Supplement to report to HUD what waivers and activities they wish to initially implement. Thus, it is important that the MTW Supplement be published for the 30-day public comment period, so that we can receive comments and finalize the form by the time the Expansion MTW Agencies are designated.