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JULY 16, 1999

FEATURE ARTICLES

Appropriations Update
President Clinton Meets with Congressional Leaders to Discuss Budget Surplus; House Forges Ahead with Tax Bill

White House Expresses Willingness to Sign House "Financial Modernization" Bill
Senate Democrats to Propose Alternative Tax Plan Containing President's New Market Tax Initiatives
House Subcommittee on Housing And Community Opportunity Holds Hearing on Housing for Seniors
Freddie Mac to Hold Two Additional Purchase/rehab/revitalize Forums
HUD News: Assistant Secretary Cardell Cooper Releases Memorandum on Consolidated Plan
NCDA Notes
Federal Register Notices
NCDA Notes
Job Opportunities/Attachments

APPROPRIATIONS UPDATE

Both the House and Senate VA-HUD-IA Subcommittees had originally planned to mark-up their respective bills next week, but have since postponed the dates. A date for the Senate mark-up has not yet been re-scheduled, while the House plans to mark-up its bill on July 26. The allocation for the House VA-HUD-IA Subcommittee was reduced by 8% from last year's level, while the level for the Senate Subcommittee on VA-HUD-IA was reduced by 14%. These sharp reductions have forced both subcommittees to wait to see if more funding will be added back to their coffers before proceeding with mark-up of their spending measures. The House is expected to re-calculate its 302(b) allocations today, but subcommittee staff have indicated that no additional funds will be added back to the VA-HUD subcommittee's allocation.

In fact, funding was shaved from most of the subcommittees this past week, including a $753 million reduction from VA-HUD-IA. These funds will be used at Chairman Young's discretion to add back funding to other subcommittees. House Subcommittee staff indicated that they are developing several "gimmicks" to try and fully fund HUD's programs at their FY 99 level. We will know more about these gimmicks when the VA-HUD-IA bill is marked-up on July 26. NCDA has been told by Senate and House staffers that Section 8 contract renewals and VA medical benefits will receive priority for funding with both subcommittees.

In related news, the House version (H.R. 2466) of the FY 2000 spending bill for the Interior Department includes a 0.48 percent across-the-board reduction in all domestic discretionary programs, which means a potential reduction in CDBG and HOME. So far, the Senate version of the Interior bill does not contain such a provision. We are hopeful this provision will not make it out of conference committee.

NCDA's STRATEGY TO ADDRESS POTENTIAL CUTS

As reported in the June 30 issue of the Washington Report, NCDA has started working with allied organizations and advocacy groups- NAHRO, NACCED, NACO, ALHFA, COSCDA, the National League of Cities, and the U.S. Conference of Mayors-- to make sure members of Congress understand what the kinds of draconian cuts being bandied about on Capitol Hill will mean to vital CDBG/HOME sponsored programs and services in the communities they represent.

We have already participated in Hill visits on both the House and Senate sides- which garnered the information on the push back for mark-up on HUD's bills. We have sent out another round of press kits to each member of both appropriations committees that includes the funding levels of cuts (13 percent) to HUD's major programs, including CDBG, HOME, HOPWA, and ESG for each state. Our strategy is to show the appropriators the level of lost funds and projects that would occur should a 13 percent cut to HUD's budget be realized. We have attached a copy of the each state's relative cut of 13 percent to HUD's programs. You can get an individual city cut for each of the major HUD programs by accessing the following web site: www.nlihc.org

During our visits to Congressional staff we were told that letters are great, but calls from constituency groups are much better, at both the district office level and at the national office level. It is also important to contact the Legislative Assistants for each Congressperson to let them know of your concern and the concerns of your nonprofit groups. PLEASE remember to include in your letters the number of families, senior citizens and children that will not receive assistance if cuts of 13percent or more are realized. Non-profit service providers should contact their district offices as well.

PRESIDENT CLINTON MEETS WITH CONGRESSIONAL LEADERS TO DISCUSS BUDGET SURPLUS; HOUSE FORGES AHEAD WITH TAX BILL

President Clinton invited congressional leaders to meet on Tuesday, July 13, to discuss the anticipated $1 trillion budget surplus over the next 10 years and to agree on goals for use of the surplus. All parties agreed to safe guard Social Security and provide some form of Medicare prescription drug coverage, but they disagreed on how deeply to cut taxes. Republicans want to use much of the projected surplus for tax cuts, while the President and Congressional Democrats want to see more of the surplus allotted to securing the financially troubled Social Security and Medicare programs.

Following the directive of the FY 2000 budget resolution to forward a tax plan to the House Budget Committee by July 16, the House Committee on Ways and Means completed mark-up of its tax bill (H.R. 2488) this week. The measure was approved on a party line vote of 23-13. House Republicans are looking at a tax plan that would cut marginal income tax rates by 10% by the end of FY 2009. The bill also calls for reducing the capital gains tax for both individuals and corporations, phasing out the estate and gift taxes, and reducing the "marriage penalty" that forces some married couples to pay more in taxes than they would if they filed as single taxpayers. The bill also includes language that could eventually help Medicare beneficiaries pay for prescription drugs, an initiative that has been advocated by Clinton. These tax cuts are expected to total $864 billion over ten years. Clinton and House Democrats are opposed to such a measure because it leaves little funding from the projected $1 trillion surplus to shore up Social Security and Medicare and provide adequate funding for military and domestic spending. The President has vowed to veto the measure. Instead, Clinton would like to see a tax cut plan of around $250 billion over 10 years.

H.R. 2488 also includes an increase in the volume cap on private activity bonds from $50 per capita or $150 million per state to $75 per capita or $225 million per state. Private activity bonds include single family mortgage revenue bonds, multifamily housing bonds, small issue industrial bonds, veteran's mortgage bonds, redevelopment bonds, student loan bonds, and exempt facility bonds. Rep. Nancy Johnson (R-CT) offered an amendment to the bill to increase the volume cap of the Low-Income Housing Tax Credit from $1.25 per capita to $1.75 per capita. The measure was approved by the Committee. The increase will be phased-in over five years, beginning in FY 2000, and will be paid for through a slow-down of the proposed phase-in by the Committee of a cut in the corporate capital gains tax rate. The Low-Income Housing Tax Credit is used an important resource for generating equity capital for the construction and rehabilitation of affordable rental housing. H.R. 2488 also includes an additional six-month extension of the welfare-to-work and work opportunity tax credits.

The Senate is set to mark-up its tax measure next week. The Senate Finance Committee has a July 23rd deadline for reporting a tax bill to the Senate Budget Committee. Senator William Roth (R-DE), Chairman of the Senate Finance Committee, is proposing a $792 billion tax measure, while Senate Democrats would like to see a much scaled back plan of around $300 billion, similar to the President's request of a $250 billion tax plan. Like the House plan, the Senate would focus on a reduction in the income tax rate (of the lowest income taxpayers, unlike the House), tax cuts to minimize the so-called marriage penalty, and a reduction in the estate tax. Unlike the House plan, the Senate does not include a provision to reduce the capital gains tax.

WHITE HOUSE EXPRESSES WILLINGNESS TO SIGN HOUSE "FINANCIAL MODERNIZATION" BILL

Participants in the Coalition to Protect the Community Reinvestment Act--a consortium of civil rights groups, faith based organizations, affordable housing advocates, and community development organizations--were disappointed to learn last week that President Clinton is likely to sign H.R. 10, the House version of two financial modernization bills that have recently passed Congress. In a meeting with Coalition members, White House staffers revealed that among the considerations that have led the President to give tentative support to H.R. 10 is the fact that it has already taken Congress over thirty years to produce comprehensive legislation affecting the banking industry and, relative to its Senate counterpart, H.R. 10 does not directly weaken the Community Reinvestment Act. The White House, however, re-affirmed its stated commitment to veto any final banking bill that takes the form of S.900, the financial industry reform measure introduced by Phil Gramm (R-TX). Though both bills have passed their respective bodies, the House and Senate leadership have yet to appoint conferees for a the final conference committee mark-up ( H.R. 10 passed the House on July 1, 1999 by a vote of 343-86. S. 900 passed the Senate in May on near straight party-line voting: 54-44).

If passed, either financial modernization bill would effectively overturn the depression era Glass-Steagle Act. Enacted in 1937, Glass-Steagle placed restrictions on the ability of banks, thrifts, and insurance companies to become involved in one another's core financial services. These restrictions were imposed in order to prevent financial institutions form engaging in high risk investments that might lead to failures, thereby causing instability in the economy. The financial modernization measures being considered would allow for the creation of huge bank holding companies or mega financial services entities that could provide one-stop mortgage lending, insurance policy writing, and equity investment services to individual customers and corporate clients.

What causes so much concern to advocates of affordable housing and economic development for low-income people is that all the financial modernization schemes currently being considered by Congress express lukewarm to no support for continuing to place an "affirmative duty" on financial institutions to meet the lending and credit needs of low- income people residing in the areas they serve. This regulatory injunction was placed on banks, thrifts, and other financial institutions with the passage of the Community Reinvestment Act (CRA) in 1977. Proponents of the CRA fear that without a legal requirement to meet the financial needs of the poor, many banks will simply get out of the business of establishing loan portfolios for traditionally under-served communities. Worse still, is the prospect that discriminatory redlining will be practiced against poor communities without any hope of statutory or regulatory relief. Since its inception, CRA is credited with generating over $100 billion of investment in poor communities, and is generally hailed for making a significant contribution to the steady rise in home-ownership rates currently taking place in many of the nations most distressed urban communities.

Generally considered to be the more odious of the two financial modernization packages approved this year, Senator Gramm's bill would exempt virtually all small and rural banks (banks with assets less than $100 million) from significant CRA oversight. Moreover, the Gramm initiative would weaken CRA reporting requirements on lending practices for all banks. Additionally, federal regulators would be prevented from taking public comment on the CRA ratings of large institutions into consideration when rendering decisions about approving mergers and acquisitions within the financial services industry.

While the House version of the bill does not go as far as S. 900 in terms of "reforming" CRA, advocates for the poor fault it for not going far enough in expanding the CRA's coverage of the new financial institutions that it would create. Basically, in the House financial modernization bill only the traditional banking sectors of the financial services industry would continue to be governed by CRA regulations. Which is to say, the new second tier of mega financial institutions expected to come into existence under H.R. 10 would have many of their key banking functions exempted from CRA reporting and community investment regulations. For example, if a bank holding company elects to carry out traditional practices like home mortgage and auto lending through its insurance or equities subsidiary, CRA exemptions would apply to all these dealings.

CRA Coalition members vow to keep the pressure on when the bill enters into the joint conference committee. It is their hope that if members of Congress are reminded that there is a large constituency supporting CRA out in the country, then they might still be persuaded not only to protect but to strengthen and expand it is as a tool for ensuring investment in poor communities.

SENATE DEMOCRATS TO PROPOSE ALTERNATIVE TAX PLAN CONTAINING PRESIDENT'S NEW MARKET TAX INITIATIVES

Fresh on the heels of the President's vaunted "poverty tour" of economically distressed areas, reports are circulating throughout Washington that Senate Democrats will fold much of President Clinton's New Market Tax Credit initiative into their $350 billion dollar alternative to the Republican's approximately $790 billion Senate tax cut proposal.

The President's New Markets Tax Credit initiative is designed to encourage at least $6 billion worth of private sector equity investment for business growth in low-and moderate income rural and urban communities. Citing the extreme shortage in investment capital flowing into such communities throughout the decade long economic expansion of the 90s, the White House believes that the tax credit could help some of the nation's most economically distressed regions reap a greater share of the benefits of the present economic boom. Specifically, the New Markets Tax Credit offers banks and other venture capital institutions to claim a tax credit worth 25% of the amount of capital invested over five years in community development entities serving under-financed rural and urban communities. To make sure the credit would a attract a range of investors, diverse community development organizations would be allowed to assist investors with equity investments and other forms of patient capital.

Originally, a proposal bearing a close resemblance to the President's initiative was supposed to be introduced into the Senate by Jay Rockefeller (D-WVA) and Chuck Robb (D-VA). It appears, however, that in the context of the looming bidding war over tax cuts Democratic leaders felt signing on to the President's New Markets Tax Credit proposal would be a good way to strengthen their hand in their dealings with Senate Republicans.

HOUSE SUBCOMMITTEE ON HOUSING AND COMMUNITY OPPORTUNITY
HOLDS HEARING ON HOUSING FOR SENIORS

Rep. Rick Lazio (R-NY), Chair of the Subcommittee on Housing and Community Opportunity, held a hearing on H.R. 202 - Preserving Affordable Housing for Senior Citizens into the 21st Century Act - on July 13. Lazio introduced the bill in January which is intended to call attention to the affordable housing needs of low-income senior citizens across the country. The measure authorizes HUD to convert Section 202 direct loans to capital grants. It also calls for the creation of a national commission on elderly housing issues.

HUD's Section 202 program provides funding for new construction of housing specifically designed to address the needs of the elderly. Witnesses who testified before the Subcommittee yesterday noted that more resources are needed to build more elderly projects, as well as rehabilitate existing units, especially the oldest projects. Witnesses also called for additional funding for more service coordinators to assist the elderly in meeting their supportive service needs. Witnesses further urged Congress to increase funding for Section 202 housing in the coming fiscal year, provide incremental vouchers for older persons needing to relocate to assisted living housing, and asked that some Section 202 housing be converted into assisted housing.

FREDDIE MAC TO HOLD TWO ADDITIONAL PURCHASE/REHAB/REVITALIZE FORUMS

The first Freddie Mac-sponsored Purchase/Rehab/Revitalize forum held in New Orleans was a great success with over 170 affordable housing providers present. Freddie Mac is now gearing up for the next two forums to be held in Indianapolis, IN on September 14, 1999 and in Springfield, MA on October 19, 1999. These one-day forums will explore the latest techniques in developing home purchase-and-rehabilitation and in-fill construction programs to stabilize and revitalize neighborhoods. Participants will learn about the best practices available in home financing to make mortgages available to more borrowers. Key topics that will be explored include: Financing Approaches that Work, Keys to Neighborhood Revitalization Success, Working with Lenders, In-Fill Housing, Marketing and Motivating the Home Buyer, and Rehab/Construction Management.

The forums are intended for local community development and housing agencies, non-profit housing organizations, state housing agencies, public housing authorities, and other housing providers. REGISTRATION IS FREE, but participation is limited to two hundred registrants. For more information, contact Gloria Yates at Freddie Mac at (703) 918-5087. A brochure on the forum has been enclosed with this newsletter.

HUD NEWS

ASSISTANT SECRETARY CARDELL COOPER RELEASES MEMORANDUM ON CONSOLIDATED PLAN

MEMORANDUM FOR:
All Deputy Assistant Secretaries

All Office Directors
All CPD Field Directors

FROM:
Cardell Cooper, Assistant Secretary for Community Planning and Development

SUBJECT:
FY 2000 Consolidated Plan Submission

The purpose of this memorandum is to provide guidance on the preparation of FY 2000 Consolidated Plan submissions. Some Field Offices and grantees raised a number of issues, including whether it was possible to extend existing plans because new census data would not be available until 2002, at the earliest. Based on a review of these issues, the following decisions are outlined below.

Require submission of complete plans. The submission of a complete Consolidated Plan is required at least once every five years according to 24 CFR 91.15(b) of the regulations. While requiring a complete submission, the Department wants to provide some flexibility to the process and does not want the preparation of the next round of Consolidated Plans to be a burdensome one. The focus should be on strengthening the development of coherent strategies that provide the basis for establishing priorities and funding allocations in program year 2000 and beyond.

Use of census data. HUD acknowledges that 2000 census data will not be available for incorporation into the FY2000 Consolidated Plans. As in previous years, the plan should utilize the most up-to-date census information which is available. Where new data is available, jurisdictions that have not experienced substantial demographic changes can submit a complete five-year plan that includes the assessment of housing needs included in their previous Consolidated Plan with appropriate modifications to the needs assessment, strategic plan, and action plan based on public participation, goals met in the last five years, and other relevant input. Where jurisdictions have experienced substantial demographic changes and new data is unavailable, grantees should submit a three or four-year interim plan in FY 2000 and then submit a complete five-year plan in FY 2003 or 2004 when 2000 census data becomes available.

Community 2020 software. To facilitate the exchange of information among program partners and better serve families and communities that HUD programs are designed to serve, HUD strongly encourages submission of all required elements of the plan (including tables and narratives) in an electronic format using Community 2020 software. Community 2020 is the only software that fully incorporates regulatory changes that were made since the initial Consolidated Plan was developed. It provides an easy mechanism to create demographic, proposed project, and other Consolidated Plan maps for display on the World Wide Web.

National Consolidated Plan Training. Headquarters has contracted with Tonya, Inc. to provide Consolidated Plan training in five locations with additional locations to be determined at a later date. The training can be modified by the various field offices as needed. These modifications will be paid for by the field offices through their technical assistance funds. The Consolidated Plan national training would deal with the variety of grantee needs, including suggested formats, options for to complying with the statutory and regulatory requirements goal setting, performance measurement and the coordination and integration of these plans with other State and local planning requirements.

Based on this memo, it appears that HUD has gotten the message. Grantees- while working with their field offices- will be able to justify what data they use when preparing their consolidated plans if they determine that the most recent census data is obsolete. It makes the most sense to prepare a four-year plan that uses "relevant input" to make their case for uses and expenditures of the four CPD formula programs. If grantees wish to prepare a five year plan, to make their case for not using 1990 census data, they can use other data "...where new data is available..." Our contacts with HUD recommend that grantees call their field offices to discuss with them how they intend conduct their consolidated plans and what data they think is appropriate to use. It is more than likely that field offices will accept the scenario that makes sense.

HUD has identified five sights for Consolidated Plan training: Los Angeles, San Francisco, Fort Worth, Memphis and New York. We have not been provided with the training dates at this time.

BEST PRACTICES SYMPOSIUM, JULY 20-24 IN KANSAS CITY, MISSOURI

HUD will be sponsoring its 3rd annual Best Practices Symposium on July 20-24, 1999 in Kansas City, Missouri. This year the symposium will feature all of HUD program areas for best practice awards. Accommodations and information are available on the web at http://www.hud.gov/bestpractices.html or by calling 1-877-747-3861.

Chandra Western and Romulus Johnson will be attending the convention. If there are any program or policy areas members are especially interested in receiving reports on, please contact Romulus Johnson at 202-293-7587 or e-mail him at romulus@ncdaonline.org and state your interests.

For more information about what issues and/or topics will be presented on at the convention, a complete conference schedule is posted on the HUD website: www.hud.gov.

NCDA NOTES

HAVE YOU SIGNED UP TO PARTICIPATE IN AN NCDA COMMITTEE OR TO BE A STATE WHIP????

NCDA committee assignments for 1999-2000 went into effect this July. Any members with an interest on serving on any of the program and policy committees-Community Development, Economic Development, Housing, Membership/Professional Development, Technology, or International-but are still holding on to their Committee Participation response sheets, please mail or fax them back to the Washington office as soon as possible. Or, if you prefer, you may simply e-mail your committee preferences to us.

All of those who have already submitted their Committee Participation response sheets and have access to the Internet are encouraged to e-mail romulus@ncdaonline.org to confirm their committee preferences. Apart from making sure no one ends up where they don't want to be, confirming via e-mail gives staff a "cheap and dirty" way of setting-up Committee e-mail lists which can then be used to facilitate better communication between NCDA staff, the committees, and the general membership. We are strongly encouraging members to provide NCDA staff with e-mail and web site addresses.

Attached to this newsletter is a sign-up form for NCDA Committee and State Whip participation. The State Whips are representatives from each state that agree to be called upon to contact NCDA member communities in times of crises. When we need members and their non-profits to contact their congressional delegations we activate the state whips system. For example, NCDA staff activated the state whips system in the late spring when each house of Congress completed its Budget Resolution. The state whips were called upon to contact NCDA members in their states to call their Congressional Delegations to let them know that the proposed cuts to function line 450 (community and regional development) would virtually wipe out the CDBG program. In the minds of NCDA staff, the system worked. We tried to meet with Congressional staff during that week but were unable to get calls through because so much telephone traffic was being registered. And, if you recall, the cuts to that function line were $1.5 billion less than originally proposed.

Some of the larger states could have as many as four whips- each to be responsible for a specific sector of the state. There is no limit on the number of whips for each state. The number is generally a matter of the number of entitlement communities (NCDA members) within the state. There are some states with very few entitlement communities that one person serves as "whip" and represents more than one state. We could use your assistance in making the state whips system more useful.

A database (which is growing) with all of our members e-mail addresses will be very useful and less costly for the state whips system. We could alert you via e-mail and you will have at your disposal all of our members e-mail addresses and telephone numbers. Please consider becoming a state whip.

CDBG 25th ANNIVERSARY/NATIONAL CD WEEK PRODUCTS INFORMATION

CDBG 25th Anniversary products are still available to assist communities with their celebrations. Please note that 25TH ANNIVERSARY LOGO STICKERS ARE STILL AVAILABLE for purchase at $100 per roll of 1,000 stickers. NCDA has depleted its supply of CDBG postcards and posters. T-shirts, hats, mugs, sweat-shirts, tote-bags and puzzles are still available. It will take approximately 14 days to receive products.

CDBG 25th Anniversary Spotlight: Region IV-VII

What follows is the second installment of our three part series highlighting some of the CDBG activities carried out by communities who received "Excellence in CDBG" awards during NCDA's annual conference in Washington. Awardees were selected based on their success in administering CDBG at a high level and their participation in 25th anniversary promotional activities.

This week's spotlight communities all hail from cities located in regions IV-VI.

  • Jacksonville, FL-CDBG dollars are being used to improve public health. The city recently opened up a new multi-million dollar primary health care facility for low income families. Economic development also plays a big part of Jacksonville's CDBG neighborhood action strategy. CDBG funding was a crucial component in the development of a retail shopping strip in one of the city's most severely under-served neighborhoods.
  • Rockford, IL-Increasing home-ownership among the city's low income residents is a major priority in Rockford. Through its two Homestead Partnership programs and West Side Alive program, which provide substantial amounts of loan subsidies and mortgage assistance to low income, first time home buyers, the City of Rockford is utilizing CDBG to affect the most direct kind of neighborhood development.
  • Beaumont, TX-Home & CDBG dollars are being combined to pay the down payment and closing cost of new houses in a Beaumont home ownership zone. CDBG funds were also recently deployed to complete Beaumont's new state of the art public library and Sterling Pruitt Activity Center, which, among other things, will host midnight basketball events.
  • Davenport, IA-Friendly House, a local non-profit, receives CDBG funding from the City of Davenport to offer a summer enrichment program which enhances the math, reading, science, and interpersonal skills for children served by the Davenport Community School District. Consumer education and home loan assistance to first time, low income home buyers is another prominent CDBG funded activity in Davenport.

In our next issue, this series will conclude with a discussion of CDBG sponsored programs in Denver, CO; Tucson, AZ; and Seattle, WA.

PUBLICATIONS ON THE INTERNET: UPDATE

Enclosed with this newsletter is the new membership dues schedule for the period July 1, 1999 through June 30, 2000. Please note that NCDA members who wish to continue receiving the Washington Report via regular mail will incur an additional charge of $250. Non-entitlement communities will not be subject to the $250 fee. All other entitlement communities will be charged $250 for receiving a hard copy of the Washington Report. For those members who will be accessing the newsletter via the Internet and have not established permanent user IDs and passwords, the NCDA website address is www.ncdaonline.org/members/asplogin/input.asp. The temporary user ID and password is "temporary" in both fields, after which you will be prompted to another screen to input your permanent information.

Please complete the enclosed form and return it to NCDA. If you have questions, please contact Michael Lightfield or Carla Sauls at (202) 587-2772.

FEDERAL REGISTER NOTICES

July 15, 1999. Up-Front Grants and Loans in the Disposition of Multifamily Projects.

This proposed rule would establish generally applicable requirements to govern the use of up-front grants and loans in the disposition of HUD-owned multifamily properties by defining the projects, sales, and purchasers eligible for up-front grants and loans, and setting both a maximum per-unit and overall cap for up-front grant amounts. This proposed rule would promote the affordability and viability of multifamily housing projects.

June 18, 1999. EDA Issues Interim Rule on 1998 EDA Reauthorization Act for Disaster Assistance Grants. The purpose of this interim rule is to further amend regulations of the Economic Development Administration (EDA) to implement the amendment to and replacement of the 1965 EDA Act. Specifically, this rule amends disaster grant rate eligibility requirements to correct currently listed grant rates and add a new category.

June 10, 1999. Office of the Comptroller of the Currency Issues Notice of Proposed Rule Making. This proposed rule amends the regulation governing national bank investments that are designed primarily to promote the public welfare. This proposal simplifies the prior notice and self-certification requirements that apply to national banks' public welfare investments; expands the type of investments that a national bank may self-certify by removing geographic boundaries; and permits eligible national banks with assets of less than $250 million to self-certify any public welfare investment. Comments on this proposed rule are due by August 9, 1999.

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