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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
Issuer Application or Guarantee Application pending full resolution, in the sole determination of the CDFI
Fund, of the noncompliance.
2. Previous findings of noncompliance. If a Qualified Issuer applicant, its proposed Program Administrator, its proposed Servicer, or any of the Certified CDFIs included in the Qualified Issuer Application or Guarantee Application is a prior recipient or allocatee under any CDFI
Fund program and the CDFI Fund has made a final determination that the entity is noncompliant with a previously executed agreement with the CDFI Fund, but has not notified the entity that it is ineligible to apply for future CDFI Fund program awards or allocations, the CDFI Fund will consider the Qualified Issuer Application or Guarantee Application. However, it is strongly advised that the entity take action to address such noncompliance finding, as repeat findings of noncompliance may result in the CDFI
Fund determining the entity ineligible to participate in future CDFI Fund program rounds, which could result in any pending applications being deemed ineligible for further review. The CDFI
Bond Guarantee Program staff cannot resolve compliance matters; instead, please contact the CDFI Funds Office of Certification, Compliance Monitoring and Evaluation Unit CCME if your organization has questions about its current compliance status or has been found not in compliance with a previously executed agreement with the CDFI Fund.
3. Ineligibility due to noncompliance.
The CDFI Fund will not consider a Qualified Issuer Application or Guarantee Application if the applicant, its proposed Program Administrator, its proposed Servicer, or any of the Certified CDFIs included in the Qualified Issuer Application or Guarantee Application, is a prior recipient or allocatee under any CDFI
Fund program and if, as of the date of Qualified Issuer Application or Guarantee Application submission, i the CDFI Fund has made a determination that such entity is noncompliant with a previously executed agreement and ii the CDFI
Fund has provided written notification that such entity is ineligible to apply for any future CDFI Fund program awards or allocations. Such entities will be ineligible to submit a Qualified Issuer or Guarantee Application, or be included in such submission, as the case may be, for such time period as specified by the CDFI Fund in writing.
H. Review of Bond and Bond Loan documents. Each Qualified Issuer and
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proposed Eligible CDFI will be required to certify that its appropriate senior management, and its respective legal counsel, has read the Regulations set forth at 12 CFR part 1808, as well as the CDFI certification regulations set forth at 12 CFR 1805.201, as amended, and the environmental quality regulations set forth at 12 CFR part 1815 and the template Bond Documents and Bond Loan documents posted on the CDFI
Funds website including, but not limited to, the following: Bond Trust Indenture, Supplemental Indenture, Bond Loan Agreement, Promissory Note, Bond Purchase Agreement, Designation Notice, Secretarys Guarantee, Collateral Assignment, Reimbursement Note, Opinion of Bond Counsel, Opinion of Counsel to the Borrower, Escrow Agreement, and Closing Checklist.
I. Contact the CDFI Fund. A Qualified Issuer applicant, its proposed Program Administrator, its proposed Servicer, or any Certified CDFIs included in the Qualified Issuer Application or Guarantee Application that are prior CDFI Fund recipients are advised to: i Comply with requirements specified in CDFI Fund assistance, allocation, and/or award agreements, and ii contact the CDFI Fund to ensure that all necessary actions are underway for the disbursement or deobligation of any outstanding balance of said prior awards. Any such parties that are unsure about the disbursement status of any prior award should submit a Service Request through that organizations AMIS Account.
All outstanding reporting and compliance questions should be directed to the Office of Certification, Compliance Monitoring and Evaluation help desk by AMIS Service Requests.
The CDFI Fund will respond to applicants reporting, compliance, or disbursement questions between the hours of 9:00 a.m. and 5:00 p.m. ET, starting on the date of the publication of this NOGA.
J. Evaluating prior award performance. In the case of a Qualified Issuer, a proposed Program Administrator, a proposed Servicer, or Certified CDFI that has received awards from other Federal programs, the CDFI
Fund reserves the right to contact officials from the appropriate Federal agency or agencies to determine whether the entity is in compliance with current or prior award agreements, and to take such information into consideration before issuing a Guarantee. In the case of such an entity that has previously received funding through any CDFI Fund program, the CDFI Fund will review the entitys
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compliance history with the CDFI Fund, including any history of providing late reports, and consider such history in the context of organizational capacity and the ability to meet future reporting requirements.
The CDFI Fund may also bar from consideration any such entity that has, in any proceeding instituted against it in, by, or before any court, governmental, or administrative body or agency, received a final determination within the three years prior to the date of publication of this NOGA indicating that the entity has discriminated on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex, including, but not limited, to discrimination under i Title VI of the Civil Rights Act of 1964 Pub. L. 88
352 which prohibits discrimination on the basis of race, color or national origin; ii Title IX of the Education Amendments of 1972, as amended 20
U.S.C.16811683, 16851686, which prohibits discrimination on the basis of sex; iii Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C.794, which prohibits discrimination on the basis of handicaps; iv the Age Discrimination Act of 1975, as amended 42
U.S.C.61016107, which prohibits discrimination on the basis of age; v the Drug Abuse Office and Treatment Act of 1972 Pub. L. 92255, as amended, relating to nondiscrimination on the basis of drug abuse; vi the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 Pub. L. 91
616, as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; vii Sections 523 and 527 of the Public Health Service Act of 1912 42 U.S.C.
290 dd3 and 290 ee3, as amended, relating to confidentiality of alcohol and drug abuse patient records; viii Title VIII of the Civil Rights Act of 1968 42
U.S.C.3601 et seq., as amended, relating to nondiscrimination in the sale, rental or financing of housing; ix any other nondiscrimination provisions in the specific statutes under which Federal assistance is being made; and x the requirements of any other nondiscrimination statutes which may apply to the CDFI Bond Guarantee Program.
K. Civil Rights and Diversity. Any person who is eligible to receive benefits or services from the CDFI Fund or Recipients under any of its programs is entitled to those benefits or services without being subject to prohibited discrimination. The Department of the Treasurys Office of Civil Rights and
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