Notice of Funding Availability for Technical Assistance to Public Housing Authorities and Public Housing Police Departments

Federal RegisterJun 28, 1994

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SUMMARY: This NOFA announces funding of up to $1.5 million for

qualified vendors to: (1) Develop a program to improve public housing

police departments in 11 designated cities, (2) facilitate law

enforcement service agreements between housing authorities and local

government, and (3) provide the technical assistance to implement the

program and agreements developed under (1) and (2).

DATES: Applications must be received at HUD Headquarters at the address

below on or before 3 pm, Eastern Daylight Time, August 2, 1994. This

application deadline is firm as to date and hour. In the interest of

fairness to all competing applicants, the Department will treat as

ineligible for consideration any application that is received after the

deadline. Applicants should take this into account and make early

submission of their materials to avoid any risk of loss of eligibility

brought about by any unanticipated or delivery-related problems.

Applications received after the deadline will not be considered.

ADDRESSES: An original and four copies of the application must be sent

to the Drug-Free Neighborhoods Division, Office of Resident

Initiatives, Public and Indian Housing, Department of Housing and Urban

Development, room 4116, 451 Seventh Street SW., Washington, DC 20410.

FOR FURTHER INFORMATION, CONTACT: Malcolm (Mike) Main, Drug-Free

Neighborhoods Division, Office of Resident Initiatives, Public and

Indian Housing, Department of Housing and Urban Development, room 4116,

451 Seventh Street SW., Washington, DC 20410, telephone (202) 708-1197.

A telecommunications device for hearing or speech impaired persons

(TDD) is available at (202) 708-0850. (These are not toll-free

telephone numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this notice

have been submitted to the Office of Management and Budget for review

under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.

3501-3520). The OMB control number, when assigned, will be published in

the Federal Register.

Public reporting burden for the collection of information

requirements contained in this NOFA are estimated to include the time

for reviewing the instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information. Information on the estimated public

reporting burden for all of the technical assistance NOFAs under this

program is provided below. Send comments regarding this burden estimate

or any other aspect of this collection of information, including

suggestions for reducing this burden, to the Department of Housing and

Urban Development, Rules Docket Clerk, 451 Seventh Street SW., room

10276, Washington DC 20410-0500; and to the Office of Information and

Regulatory Affairs, Office of Management and Budget, Attention: Desk

Officer for HUD, Washington, DC 20503.

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No. of No. of

No. of NOFAs affected respondents respondents Total Hours per Total No.

per NOFA per NOFA respondents respondents hrs.

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Per year:

6.......................................... 10 1 60 40 2,400

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Total for three years:

18......................................... 10 1 180 40 7,200

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I. Purpose and Substantive Description

(a) Purpose

The overall objectives of this grant are to: (1) Develop a program

to improve public housing police departments in 11 designated cities,

(2) facilitate law enforcement service agreements between housing

authorities and local government, and (3) provide the technical

assistance to implement the program and agreements developed under (1)

and (2).

(b) Authority

This grant is authorized under Chapter 2, Subtitle C, Title V of

the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.), as amended

by Section 581 of the National Affordable Housing Act of 1990 (NAHA),

approved November 28, 1990, Pub. L. 101-625, and Section 161 of the

Housing and Community Development Act of 1992 (HCDA 1992) (Pub. L. 102-

550, approved October 28, 1992).

(c) Award Amounts

The Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act 1993 (approved

October 28, 1993, Pub. L. 103-124), (94 App. Act) appropriated $265

million for the Drug Elimination Program of which $5 million is to be

used for funding technical assistance and training. The funding

available under this NOFA is a part of this $5 million.

A cost-reimbursable grant for $1.5 million for a 1-year base

period, with 4 option years, will be awarded under this NOFA. The

applicant must submit a five year strategy which includes the first

year budget of $1.5 million. Each additional fiscal year award will be

for comparable amounts based upon an evaluation of grant performance

and the availability of funds.

(d) Eligibility

(1) Eligible applicants. Applicants must demonstrate executive

managerial law enforcement experience in the following areas or they

will not be considered for funding:

(i) Conducting law enforcement assessments in cities of a

population of 500,000 or more;

(ii) Conducting law enforcement assessments of public housing

police departments;

(iii) Design, development and delivery of training and technical

assistance programs for law enforcement agencies;

(iv) Development and implementation of law enforcement policies,

procedures and manuals, personnel management systems, fiscal tracking

systems, dispatch systems, records management, patrol strategy and

crime prevention programs;

(v) Managing the accreditation process of local law enforcement

agencies;

(vi) Developing technical and physical security systems in public

housing or the private sector;

(vii) Design and implementation of community policing programs; and

(viii) Working with Federal and local law enforcement agencies.

(2) Activities/tasks to be funded. The grantees selected for

funding under this NOFA shall perform the following tasks:

(i) Task 1--Public Housing Police Department Upgrades. The

following subtasks are to be performed in 11 designated cities that

have both municipal police and housing authority police departments

serving public housing residents. In addition, the grantee will be

required to hold a briefing, for up to three representatives from each

designated city, of the tasks to be accomplished under this grant. The

briefing is to be conducted in the Washington, DC area immediately

after completion and approval of the management and work plan under

section (j)(4) of this NOFA. The Department conducted a study to

identify housing authority (HA) police departments that met the

following criteria: they were moving towards national or State

accreditation; their officers were State or local commissioned police

officers and/or had completed police academy training; and they had

operations and salaries that were funded with HUD operating subsidies

or other HUD funds. Based upon this study the Department determined

that the HAs listed below had their own HA police departments which met

these criteria. The 11 housing authorities (HA) and cities for Task 1

are:

Baltimore HA and Community Development, Baltimore, MD

Boston HA, Boston, MA

Buffalo HA, Buffalo, NY

Chicago HA, Chicago, IL

Cuyahoga Metropolitan HA, Cleveland, OH

HA of the City of Los Angeles, Los Angeles, CA

HA of the City of Oakland, Oakland, CA

HA of the City of Pittsburgh, Pittsburgh, PA

Newark HA, Newark, NJ

Philadelphia HA, Philadelphia, PA

HA of the City of Waterbury, Waterbury, CT

The New York City Housing Authority has a housing authority police

department. This department has already been accredited as of March 27,

1994 and therefore will not be included in this NOFA.

(A) Task 1 Subtask 1--Law Enforcement Services Agreements. The

grantee shall facilitate law enforcement service agreements, for

additional law enforcement services beyond the HA cooperation

agreement, between housing authorities and local government. The

grantee shall work with public housing officials and local governments

in the 11 cities with public housing police departments to negotiate

and implement additional law enforcement service agreements between

local police and public housing officials. The anticipated agreements

would relate to the provision of police services to public housing

residents by municipal police and public housing police, access to

emergency services, baseline services provided to public housing

residents, reporting of crimes city-wide and in public housing, and

other items that may be of mutual interest to the city and/or housing

authority.

(B) Task 1 Subtask 2--Policy and Procedures Manual. The grantee

shall work with public housing police departments in 11 cities to

develop and implement a state of the art police policy and procedures

manual. Where a manual exists, the manual should be edited to the point

that relevant policies, procedures and general orders are clearly

defined for public housing services.

(C) Task 1 Subtask 3--Personnel Management System. The grantee

shall work with public housing police departments in 11 cities to

develop and implement a modern police personnel management system to

include recruitment, selection, initial and continuing training,

evaluation, compensation, job descriptions, and promotional systems.

The grantee shall also, through focus groups and/or needs assessment,

identify topics for a core curriculum for continuing HA police officer

training in areas specific to HAs, such as vertical patrols,

investigative techniques, and sensitivity training.

(D) Task 1 Subtask 4--Fiscal Tracking System. The grantee shall

work with public housing authorities and housing police departments in

11 cities to develop a consistent fiscal tracking system that

incorporates modern financial management systems into the way the

authorities and police justify and track expenditures. Fiscal planning

should be incorporated into the fiscal system so that a procedure

exists to reflect anticipated costs five years into the future. In

addition, the grantee shall work with housing authority officials in 11

cities to identify the source of funding for police and security

upgrades and establish timelines for completion of upgrades.

(E) Task 1 Subtask 5--Emergency Dispatch System. The grantee shall

work with public housing police departments and municipal police

departments in 11 cities to develop a state of the art emergency

dispatch system for public housing residents that reflects the most

expeditious way to provide residents in each of the 11 cities with

emergency police response. This task is to include developing

recommendations for assuring communications between public housing

police departments and municipal police departments, 911 services, non-

emergency calls, anticipated expenditures by authority for technical

upgrades, and training requirements for officers and dispatchers.

(F) Task 1 Subtask 6--Records Management. The grantee shall work

with public housing police departments in 11 cities to develop a

records management system that represents state of the art practices in

collecting, coding, filing, analyzing and accessing police information.

This task is to include an assessment of computer hardware and software

that may be appropriate for use in each city, interface between records

and dispatch in the housing police, interface between municipal police

departments and housing authority police departments, compliance with

Uniform Crime Reporting (UCR) and/or the National Incident Based

Reporting System (NIBRS) procedures, forms for collecting data, and

staffing requirements for the records function.

(G) Task 1 Subtask 7--Patrol Strategies. The grantee shall work

with public housing police departments in 11 cities to develop and

implement modern police patrol strategies for public housing police

departments to include patrol procedures, vertical patrols, development

of staffing criteria, patrol beat development, response to calls or

crimes, proactive strategies, bicycle patrols, investigation of crimes

by patrol personnel, follow-up procedures with victims, stake-out

strategies, and use of crime analysis.

(H) Task 1 Subtask 8--Crime Prevention Programs. The grantee shall

work with public housing police departments in 11 cities to develop and

implement crime prevention programs. This task is to include programs

to counter crime and fear of crime, programs to enlist and maintain

public cooperation, police officer programs, use of residents and

training of residents.

(I) Task 1 Subtask 9--Technical and Physical Security Programs. The

grantee shall work with public housing police departments in 11 cities

to develop and implement technical security programs in public housing

buildings to include the use of closed circuit television cameras,

monitors, sensors, fencing, locks, access control, lighting, parking

and other state of the art programs. This task is to include

recommendations on staffing buildings with guards and the anticipated

costs by building or development.

(J) Task 1 Subtask 10--Accreditation for Law Enforcement Agencies.

The grantee shall work with 11 public housing police departments to

become accredited police departments, or to elevate their professional

capacity to the point that the housing authority police department

meets all the standards promulgated by the Commission on Accreditation

for Law Enforcement Agencies (CALEA) relative to the work provided by

the respective public housing police departments.

(K) Task 1 Subtask 11--Community Policing Programs. The grantee

shall work with public housing police departments in 11 cities to

design, develop and implement community policing programs that are

tailored to public housing. This Task is to include the development and

implementation of training programs for public housing police

department officers, municipal police department officers, housing

authority officials and residents in the 11 cities.

(ii) Task 2--Additional Law Enforcement Service Agreements Between

Housing Authorities and Local Police Departments for Police Services.

The grantee shall work with public housing departments and local

governments in a minimum of 15 cities, to be identified after the grant

award, without public housing police departments to negotiate and

implement additional law enforcement service agreements, beyond the HA

cooperation agreement, between local police departments and public

housing officials. The anticipated agreements would relate to the

provision of police services to public housing residents by municipal

police, access to emergency services, baseline services provided to

public housing residents, reporting of crimes city-wide and in public

housing, and other items that may be of mutual interest to the city

and/or housing authority. In this task, the cities would be selected

through joint discussion between HUD and the vendor.

(iii) Task 3--Technical Assistance. The grantee shall work with the

designated housing authorities and local governments to provide

technical assistance to each of the housing authorities to facilitate

effective relationships and improve law enforcement service delivery.

The grantee will provide technical assistance to housing authorities to

assist in implementing the recommendations identified in the course of

implementing Tasks 1 and 2.

(iv) Task 4--Required Reports. The grantee shall provide HUD a

written report on the proposed implementation plan for each public

housing police department, and the 15 HAs without police departments

where the grantee is to provide technical assistance between the HA and

local government, prior to implementing any activities. It is

understood that the recommendations for one public housing police

department may apply in another public housing police department;

however, each housing police department is to have a separate report

with recommendations, costs, suggested sources of funding, staffing

implications, and timelines.

(e) Application submission requirements.

(1) Applicants must submit a completed application for Federal

Assistance (Standard Form 424). The SF-424 is the face sheet for the

application. The applicant will provide budget information on Standard

Form 424A, including a program narrative, a detailed budget narrative

with supporting cost analysis. The applicant will identify their legal

and accounting services that will be used.

(2) Application format requirements:

(i) Applicant's cover letter.

(ii) TAB 1--Standard Form 424, Application for Federal Assistance.

(iii) TAB 2--Standard Form 424A, Budget Information with attached

program narrative, a detailed budget with budget narrative with

supporting cost analysis and legal and accounting services. The

narrative must include the applicant's financial capability, i.e., the

fiscal controls and accounting procedures which assure that Federal

funds will be accounted for properly. The applicant must demonstrate

that it has the management and financial capability to effectively

implement a project of this size and scope. The applicant must submit a

five year strategy which includes the first year budget of $1.5 million

with 4 option years of comparable funding amounts.

(iv) TAB 3--Program implementation plan (Tasks 1-4). Applicants

must prepare a plan that describes clearly and in detail the strategy

and structure for the implementation of all tasks within this NOFA:

(A) The first year of project implementation, identifying:

(1) Each task that will be initiated in the first year;

(2) A plan to implement task 1, 3 and 4 throughout all of the below

listed 11 designated housing authorities over the course of the five

year strategy--Baltimore HA and Community Development, Baltimore, MD;

Boston HA, Boston, MA; Chicago HA, Chicago, IL; Cuyahoga Metropolitan

HA, Cleveland, OH; HA of the City of Los Angeles, Los Angeles, CA;

Newark HA, Newark, NJ; HA of the City of Oakland, Oakland, CA;

Philadelphia HA, Philadelphia, PA; Buffalo HA, Buffalo, NY; HA of the

City of Pittsburgh, Pittsburgh, PA; and the HA of the City of

Waterbury, Waterbury, CT. The plan must indicate where the tasks

initiated in the first year will be carried out; and

(3) A plan to implement Tasks 2, 3 and 4 for a minimum of 15 cities

throughout all of the cities in the first year.

(4) There must be a time-task plan which clearly identifies the

major milestones and products, organizational responsibility, and

schedule for the completion of activities and products.

(v) TAB 3A--First year timetable. A timetable for the completion of

each task initiated in the first year, which may extend beyond the

first year.

(vi) TAB 3B--Five year timetable. A timetable for initiation and

completion of each remaining task over the five year period.

(vii) TAB 4--Applicant's corporate qualifications.

(A) Each applicant must fully describe its organizational

structure, staff size, and prior experience in community policing and

security issues in public housing and/or other programs designed to

provide security to residents of public housing. Applicants must

demonstrate that their organizational structure, staff size, and prior

experience is sufficient to implement effectively a project of this

size and scope. In addition, the applicant must demonstrate experience

in conducting assessments of security/law enforcement in public

housing; executive experience in managing and implementing

accreditation of law enforcement agencies; and experience in technical

physical security in both public housing and the private sector.

(B) The plan must include an annotated organizational chart

depicting the roles and responsibilities of key organizational and

functional components and a list of key personnel responsible for

managing and implementing the major elements of the program.

(viii) TAB 5--Qualifications of the Program Staff. Applicant must

fully describe the capabilities and work experience of all key staff

who will be working on this project. Applicants must include a staffing

plan to fulfill the requirements of the required tasks, including staff

titles and the staff's related educational background, experience, and

skills; and the time each will be required to contribute to the

project.

(ix) TAB 6--Representations, certifications, and other statements

of the vendor.

(A) Certification Regarding Federal Employment.

(B) Certification of Procurement Integrity.

(C) Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions.

(D) SF-LLL Disclosure of Lobbying Activities.

(E) Certification Regarding Debarment, Suspension, Proposed

Debarment, and other Responsibility Matters.

(F) Certification Regarding Drug-Free Workplace Requirements.

(G) Prior to award execution, a successful applicant must submit a

certification that it will comply with:

(1) Section 3 of the Housing and Community Development Act of 1968,

Employment Opportunities for Lower Income Persons in Connection with

Assisted Projects (12 U.S.C. 1701u), and with implementing regulations

at 24 CFR part 135. Section 3 requires, that to the greatest extent

feasible, opportunities for training and employment be given to lower

income residents of the project area within the unit of local

government or metropolitan area (or nonmetropolitan county) and for

work in connection with the project to be awarded to eligible

businesses located in or owned in substantial part by persons residing

in the area;

(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-

2000d-4) (Nondiscrimination in Federally Assisted Programs) and

implementing regulations issued at 24 CFR part 1; and

(3) The prohibitions against discrimination on the basis of age

under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and

implementing regulations at 24 CFR part 146, and the prohibitions

against discrimination against persons with disabilities individuals

under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and

implementing regulations at 24 CFR part 8.

(x) Applicants wishing to make a personal presentation before the

selection panel in support of their written application may schedule a

presentation by contacting Malcolm E. Main on (202) 708-1197. All

presentations must be scheduled by the application due date.

(f) Selective Criteria/Factors for Award. The Department will award

the grant to the applicant(s) that best meets all of the factors below.

All applications will be evaluated in accordance with the following

factors (their weights are indicated in parentheses). Applicants shall

provide a statement within their proposals that addresses each of the

factors listed below. Applications will be reviewed and rated according

to the extent to which they meet the following factors, which total 100

points:

(1) Technical Soundness and Understanding of the Application (25

Points Maximum).

(i) Technical Soundness of the Application (12 Points Maximum). The

technical quality, clarity, creativity, thoroughness, specificity, and

feasibility of the application and methodology should be reflected as

the application is assessed on the basis of:

(A) The level of detail in which the application describes how it

will implement each activity required in the project Tasks 1-4;

(B) The extent to which the application provides a technically

sound and cost effective means for designing and implementing changes

in public housing police departments.

(ii) Basic Understanding of Security Issues in Public Housing as

Well as Programs Designed to Provide Security to Residents of Public

Housing (13 Points Maximum). The application will be assessed based on

the extent to which it demonstrates a clear understanding of the

security issues in public housing as well as programs designed to

provide security to residents of public housing, particularly as the

knowledge relates to all Tasks.

(2) Organizational Management and Capabilities (25 Points Maximum).

Grantees must demonstrate their ability to manage, organize and

complete on schedule all of the tasks and responsibilities associated

with this project.

(i) Project Director (13 Points Maximum).

(A) The extent to which the proposed Project Director has:

(1) Executive experience in managing projects of a similar type and

scope, including proven ability to manage the performance of complex

multi-site projects within the time and resource limits;

(2) Executive experience in managing projects involving law

enforcement in cities with populations of 500,000 or more;

(3) A clear understanding of the methodology and techniques

necessary to perform the tasks of this grant;

(4) Executive experience in designing and implementing, for police

departments of various sizes, law enforcement systems and community

policing policies and procedures that include the following:

(A) Organization and management.

(B) Personnel management.

(C) Patrol operations.

(D) Criminal investigations.

(E) Dispatch, records, and property.

(F) Management systems.

(G) Crime analysis system.

(H) Crime prevention.

(I) Police department accreditation.

(J) Community Policing.

(ii) Project Staff (12 Points Maximum).

(A) The extent to which technical and management staff members

proposed for the project have:

(1) Demonstrated extensive experience in police program

development, research, management, curriculum design, training

development, delivery and on-site technical assistance delivery which

involved community policing; and

(2) Relevant technical skills and prior experience of proposed

individuals that display ability to handle complex issues relating to

public housing security and implementing revisions to organizations.

(B) The extent to which the proposed staff has:

(1) Implemented community policing, law enforcement policy,

practices and procedures.

(2) Expertise on a management and administrative level--with

Federal and/or local law enforcement, technical security design

experience, and law enforcement training.

(3) Quality of Management and Work Plan (30 Points Maximum).

(i) Soundness and completeness of the overall plan for the

allocation of resources and schedule to accomplish the tasks of work

within the contract time frame, including: feasibility, clarity and

completeness of work assignment plan and schedule of tasks; delineation

of task responsibilities and accountability and communication among

project staff and between grantee and HUD; reasonableness and

completeness of procedures for supervising and coordinating task

performance of project staff; and, adequacy of controls over scheduling

and expenditures. (15 points maximum)

(ii) Appropriateness of the proposed level of effort to be provided

by the Project Director, key professional staff, supporting staff and

principal authors of the application. (15 points maximum)

(4) Corporate and Management Expertise (20 Points Maximum).

(i) Ability of the applicant to conduct high quality work within

the contract time frame and budget.

(ii) Ability of the applicant to provide stability, continuity and

uniformity of both staff and management.

(iii) Successful experience in managing and implementing HUD or

other federal agency contracts.

(g) Review Process. Applications submitted in response to this

competitive announcement will be reviewed by a panel of HUD

representatives, which will make recommendations to the Assistant

Secretary for Public and Indian Housing, Department of Housing and

Urban Development based upon the applicant's score. The panel will

assign numerical values based on the weighted selection factors. In the

case of a tie, preference will be given to the highest numerical score

for the Program Implementation Plan (TAB 3 of the application). The

final award decision will be made by the Assistant Secretary for Public

and Indian Housing, Department of Housing and Urban Development.

Letters will be sent to all applicants notifying them that their

proposal has been selected or the reason(s) it was not selected. HUD

will then negotiate specific terms of the award with the selected

applicant.

(h) Administrative requirements.

(1) Award Period. A cost-reimbursable grant for $1.5 million for a

1-year base period, with 4 option years. The applicant must submit a

five year strategy which includes the first year budget of $1.5

million. Each additional fiscal year award will be for comparable

amounts if funds are appropriated.

(2) Grant Agreement. After the application has been approved, HUD

and the applicant shall enter into a grant agreement setting forth the

amount of the grant and its applicable terms, conditions, financial

controls, payment mechanism/schedule, report requirements, and special

conditions.

(3) Award Orientation. Within the first week after the effective

date of the grant, the Project Director and all key personnel shall

attend a meeting at HUD Headquarters in Washington, DC, for the purpose

of establishing a common understanding with respect to the purposes of

the grant, the scope of work necessary to achieve the purposes, the

time frame, methodology, and deliverables.

(4) Management and Work Plan. The grantee shall develop a draft

management and work plan that addresses all of the task requirements.

This draft plan shall be submitted to HUD for review and comment by the

end of the second week of the grant, setting forth the timing of all

stages of the project outlined in the tasks below, describing the

techniques, materials and experiences of staff for this project. The

plan shall include a detailed allocation of grant resources and a

schedule for the accomplishment of the grant work. HUD shall submit its

comments and suggestions to the grantee within one week from receipt of

the draft plan. A Final Management and Work Plan incorporating HUD's

comments and suggestions shall be submitted by the end of the third

week of the grant.

II. Other Matters

Environmental Impact. A grant under this program is categorically

excluded from review under the National Environmental Policy Act of

1969 (NEPA) in accordance with 24 CFR part 50.20(p). However, prior to

an award of grant funds, HUD will perform an environmental review to

the extent required by HUD's environmental regulations at 24 CFR part

50, including the applicable related authorities at 24 CFR 50.4.

Federalism Impact. The General Counsel, as the Designated Official

under section 6(a) of Executive Order 12612, Federalism, has determined

that the policies contained in this notice will not have substantial

direct effects on States or their political subdivisions, or the

relationship between the Federal government and the States, or on the

distribution of power and responsibilities among the various levels of

government and, therefore, the provisions of this notice do not have

``federalism implications'' within the meaning of the Order. The notice

implements a program that encourages HAs to develop a plan for

addressing the problem of drug-related crime, and makes available

grants to HAs to help them carry out their plans. As such, the program

would help HAs combat serious drug-related crime problems in their

developments, thereby strengthening their role as instrumentalities of

the States. In addition, further review under the Order is unnecessary,

since the notice generally tracks the statute and involves little

implementing discretion.

Family Impact. The General Counsel, as the Designated Official for

Executive Order 12606, the Family, has determined that the provisions

of this grant have the potential for a positive, although indirect,

impact on family formation, maintenance and general well-being within

the meaning of the Order. As such, this grant is intended to improve

the quality of life of public and Indian housing development residents,

including families, by reducing the incidence of drug-related crime.

Section 102 HUD Reform Act--Documentation and Public Access

Requirements; Applicant/Recipient Disclosures

Documentation and public access. HUD will ensure that documentation

and other information regarding each application submitted pursuant to

this NOFA are sufficient to indicate the basis upon which assistance

was provided or denied. This material, including any letters of

support, will be made available for public inspection for a five-year

period beginning not less than 30 days after the award of the

assistance. Material will be made available in accordance with the

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15. In addition, HUD will include the

recipients of assistance pursuant to this NOFA in its quarterly Federal

Register notice of all recipients of HUD assistance awarded on a

competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice

published in the Federal Register on January 16, 1992 (57 FR 1942), for

further information on these requirements.)

Disclosures. HUD will make available to the public for five years

all applicant disclosure reports (HUD Form 2880) submitted in

connection with this NOFA. Update reports (also Form 2880) will be made

available along with the applicant disclosure reports, but in no case

for a period less than three years. All reports--both applicant

disclosures and updates--will be made available in accordance with the

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15. (See 24 CFR subpart C, and the notice

published in the Federal Register on January 16, 1992 (57 FR 1942), for

further information on these disclosure requirements.)

Section 103 HUD Reform Act

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 was published May 13,

1991 (56 FR 22088) and became effective on June 12, 1991. That

regulation, codified as 24 CFR Part 4, applies to the funding

competition announced today. The requirements of the rule continue to

apply until the announcement of the selection of successful applicants.

HUD employees involved in the review of applications and in the

making of funding decisions are limited by Part 4 from providing

advance information to any person (other than an authorized employee of

HUD) concerning funding decisions, or from otherwise giving any

applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under 24 CFR Part 4.

Applicants who have questions should contact the HUD Office of

Ethics (202) 708-3815. (This is not a toll-free number.) The Office of

Ethics can provide information of a general nature to HUD employees, as

well.

Section 112 HUD Reform Act

Section 13 of the Department of Housing and Urban Development Act

contains two provisions dealing with efforts to influence HUD's

decisions with respect to financial assistance. The first imposes

disclosure requirements on those who are typically involved in these

efforts--those who pay others to influence the award of assistance or

the taking of a management action by the Department and those who are

paid to provide the influence. The second restricts the payment of fees

to those who are paid to influence the award of HUD assistance, if the

fees are tied to the number of housing units received or are based on

the amount of assistance received, or if they are contingent upon the

receipt of assistance. Section 13 was implemented by final rule

published in the Federal Register on May 17, 1991 (56 FR 22912). If

readers are involved in any efforts to influence the Department in

these ways, they are urged to read the final rule, particularly the

examples contained in Appendix A of the rule.

Prohibition Against Lobbying Activities

The use of funds awarded under this grant is subject to the

disclosure requirements and prohibitions of section 319 of the

Department of Interior and Related Agencies Appropriations Act for

Fiscal Year 1990 (31 U.S.C. 1352) (The ``Byrd Amendment'') and the

implementing regulations at 24 CFR part 87. These authorities prohibit

recipients of federal contracts, grants, or loans from using

appropriated funds for lobbying the Executive or Legislative branches

of the federal government in connection with a specific contract,

grant, or loan. The prohibition also covers the awarding of contracts,

grants, cooperative agreements, or loans unless the recipient has made

an acceptable certification regarding lobbying.

Under 24 CFR part 87, applicants, recipients, and subrecipients of

assistance exceeding $100,000 must certify that no federal funds have

been or will be spent on lobbying activities in connection with the

assistance.

Authority: Sec. 5127, Public Housing Drug Elimination Act of

1988 (42 U.S.C. 11901 et seq.); sec. 7(d), Department of Housing and

Urban Development Act (42 U.S.C. 3535(d)).

Dated: June 20, 1994.

Michael B. Janis,

General, Deputy Assistant Secretary for Public and Indian Housing.

[FR Doc. 94-15556 Filed 6-27-94; 8:45 am]

BILLING CODE 4210-33-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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