NOFA for Public and Indian Housing Family Investment Centers

Federal RegisterFeb 28, 1994

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SUMMARY: This NOFA announces a total of $74 million in funding,

including FYs 1993 and 1994 appropriations of $25,000,000 and

$25,674,991, respectively, for Family Investment Centers for families

living in public and Indian housing. This program provides grants to

public housing agencies and Indian housing authorities (collectively

HAs) to provide families living in public and Indian housing with

better access to education and job opportunities to achieve self-

sufficiency and independence. The grants will be of up to three to five

years in duration, depending upon the activities undertaken.

Regulations on this program will be published in a consolidated rule on

resident initiatives that the Department anticipates publishing in

early 1994.

In the body of this document is information concerning the purpose

of the NOFA, eligibility, available amounts, ranking factors, and

application processing, including how to apply and how selections will

be made.

DATES: Application kits will be available beginning March 24, 1994. The

application deadline will be 4:30 p.m., local time, on June 22, 1994.

ADDRESSES: An application kit may be obtained from the local HUD Field

Office with delegated responsibilities over an applicant public/Indian

housing agency (See Appendix for listing), or by calling the HUD

Resident Initiatives Clearinghouse toll free number 1-800-955-2232.

Telephone requests must include your name, mailing address, or post

office address (including zip code), telephone number (including area

code), and should refer to document FR-3397-N-01. This NOFA cannot be

used as the application.

FOR FURTHER INFORMATION CONTACT: Marcia Y. Martin, Office of Resident

Initiatives (ORI), or Dom Nessi, Director, Office of Native American

Programs (ONAP), Department of Housing and Urban Development, 451

Seventh Street SW., Washington, DC 20410; telephone numbers: ORI (202)

708-3611; and ONAP (202) 708-1015 (these are not toll-free numbers).

Hearing- or speech-impaired persons may use the Telecommunications

Devices for the Deaf (TDD) by contacting the Federal Information Relay

Service on 1-800-877-TDDY (1-800-877-8339) or 202-708-9300 (not a toll

free number) for information on the program.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this notice

have been submitted to the Office of Management and Budget (OMB) for

review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520).

Information on the estimated public reporting burden was provided for

public comment in a separate notice published in the Federal Register

on February 17, 1994 (59 FR 8012). The Department expects that a

control number will be issued by OMB about March 22, 1994, after

completion of a 30-day comment period for the paperwork burden notice.

The OMB control number, when assigned, will be announced by separate

notice in the Federal Register.

No person may be subjected to a penalty for failure to comply with

the information collection requirements until they have been approved

and assigned an OMB control number. The public reporting burden for the

collection of information requirements contained in the February 17

notice is 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. The

February 17 notice invites interested persons to submit comments on the

paperwork burden proposals to Joseph F. Lackey, Jr., OMB Desk Officer,

Office of Management and Budget, New Executive Office Building,

Washington, DC 20503.

I. Purpose and Substantive Description

A. Authority

Section 22 of the United States Housing Act of 1937 (42 U.S.C.

1437t) provides for the establishment of Family Investment Centers

(FIC). Implementing regulations for the program will be promulgated as

part of a consolidated rule on resident initiatives, which the

Department anticipates publishing next year. This NOFA is being issued

in conformity with the statutory requirements before the final rule is

in place in order to make funding available as soon as possible.

B. Allocation Amounts

In the Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1993 (Pub. L.

102-389, approved October 6, 1992), Congress appropriated $25 million

for Family Investment Centers; an additional $25,674,991 is available

for the program through an appropriation in the Departments of Veterans

Affairs and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1994 (Pub. L. 103-124, approved October 28, 1993).

These amounts are being combined with excess recaptured funds carried

over from FY 1993 to make a total of $75 million available for funding

Family Investment Center activities. An additional $10 million may

become available pending Secretarial and congressional actions.

Of the $75 million total current funds, $74 million is being made

available under this NOFA. The Department intends to use $1 million for

purposes of demonstrating ways for families living in public and Indian

housing in a neighborhood undergoing a concentrated effort of local

revitalization to gain access to education and employment activities to

achieve self-sufficiency and independence, by enabling HAs to develop

facilities for training and support services. These funds will be used

to mobilize public and private resources to expand and improve delivery

of services, to provide funding for essential training and support

services that cannot otherwise be funded, to improve the capacity of

management to assess the training and services needs of eligible

families, to coordinate the provision of training and services that

meet such needs and to ensure the long-term provision of such training

and services. HUD expects that this funding will demonstrate the

importance of comprehensive support services in contributing to the

local neighborhood revitalization. A separate Notice announcing these

funds and soliciting public comment is expected to be published soon in

the Federal Register.

To ensure that the program is implemented on a broad, nationwide

basis, each applicant may submit only one application under this NOFA

(published: February 28, 1994. A public housing agency/Indian housing

authority (collectively, HAs) may apply to establish one or more Family

Investment Centers for more than one public or Indian housing

development; however the maximum grant amount per applicant under this

NOFA is $1 million.

C. Overview and Policy

The stated purpose of section 22 is:

[T]o provide families living in public housing with better

access to educational and employment opportunities to achieve self-

sufficiency and independence by: (a) developing facilities in or

near public housing for training and support services; (b)

mobilizing public and private resources to expand and improve the

delivery of such services; (c) providing funding for such essential

training and support services that cannot otherwise be funded; and

(d) improving the capacity of management to assess the training and

service needs of families, coordinate the provision of training and

services that meet such needs, and ensure the long-term provision of

such training and services.

Although Section 22 is phrased in terms of families living in

public housing, the program is also available to Indian Housing

Authorities (IHAs), because of section 527 of the National Affordable

Housing Act (104 Stat. 4216; 42 U.S.C. 1437aa note) (NAHA). Section 527

extends the applicability of many NAHA provisions affecting Title I of

the 1937 Act (including section 515, which added Section 22) to housing

operated by an IHA.

FIC provides funding to HAs to access educational, housing, or

other social service programs to assist public and Indian housing

residents toward self-sufficiency. On May 13, 1993, 33 representatives

from public/Indian housing authorities, resident organizations, and

nonprofit housing agencies were convened to discuss and make

suggestions during the design stage of the Family Investment Centers

program. The Department envisions that FIC will complement other self-

sufficiency activities, such as the Family Self-Sufficiency (FSS)

Program (see 58 FR 30858 (May 27, 1993) for the interim rule that

currently governs the FSS programs) and the requirements of Section 3

of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). As

an incentive to become self-sufficient, the earnings of public or

Indian Housing families participating in the FIC shall not be treated

as income for the purposes of any other program or provision of State

or Federal law, including rent assistance (see Section I.F(5) of this

NOFA). The FIC is administered by the Department's Office of Resident

Initiatives in the Office of Public and Indian Housing, with assistance

from a network of Resident Initiatives Coordinators (RICs) in HUD's

Regional and Field Offices.

D. Definitions

Eligible Residents means participating residents of a participating

HA. If the HA is combining FIC with the Family Self-Sufficiency (FSS)

program, the term also means Public Housing FSS and Section 8 families

participating in the FSS program.

Secretary means the Secretary of Housing and Urban Development.

Service Coordinator means, for purposes of this NOFA, any person

who is responsible for:

(1) Determining the eligibility of families to be served by the

FIC;

(2) Assessing training and service needs of eligible residents;

(3) Working with service providers to coordinate the provision of

services on a HA-wide or less than HA-wide basis, and to tailor the

services to the needs and characteristics of eligible residents;

(4) Mobilizing public and private resources to ensure that the

supportive services identified can be funded over the five-year period,

at least, following the initial receipt of funding under this NOFA;

(5) Monitoring and evaluating the delivery, impact, and

effectiveness of any supportive service funded with capital or

operating assistance under this program;

(6) Coordinating the development and implementation of the FIC

program with other self-sufficiency programs and other education and

employment programs; or

(7) Performing other duties and functions that are appropriate for

providing eligible residents with better access to educational and

employment opportunities.

Supportive Services means new or significantly expanded services

essential to providing families in public and Indian housing with

better access to educational and employment opportunities to achieve

self-sufficiency and independence. (HAs applying for funds to provide

supportive services must demonstrate that the services will be provided

at a higher level than currently provided). Supportive services may

include:

(1) Child care, of a type that provides sufficient hours of

operation and serves appropriate ages as needed to facilitate parental

access to education and job opportunities;

(2) Employment training and counseling (e.g., job training,

preparation and counseling, job development and placement, and follow-

up assistance after job placement);

(3) Computer skills training;

(4) Education (e.g., remedial education, literacy training,

completion of secondary or post-secondary education, and assistance in

the attainment of certificates of high school equivalency;

(5) Transportation, as necessary to enable any participating family

member to receive available services or to commute to his or her place

of employment;

(6) Personal welfare (e.g., substance/alcohol abuse treatment and

counseling, self-development counseling, etc.);

(7) Supportive Health Care Services (e.g., outreach and referral

services); and

(8) Any other services and resources, including case management,

that are determined to be appropriate in assisting eligible residents.

Vacant Unit means a dwelling unit that is not under an effective

lease to an eligible family. An effective lease is a lease under which

an eligible family has a right to possession of the unit and is being

charged rent, even if the amount of any utility allowance equals or

exceeds the amount of a total tenant payment that is based on income

and, as a result, the amount paid by the family to the HA is zero.

E. Eligibility

(1) Eligible Applicants. Funding for this program is limited to

public and Indian housing authorities. The factors for award reflect

that more than half of the points possible are for the provision of

supportive services, whether provided by the HA or through partnerships

with other social service agencies. Facilities assisted shall be on or

near the premises of public or Indian housing. Two or more HAs may

apply jointly if they demonstrate that it is feasible to run the

program together; however, the maximum grant per application under this

NOFA is $1,000,000.

Although the program is intended to benefit public and Indian

housing residents, an applicant that is otherwise eligible and is

combining FIC activities with FSS activities may use FIC funds to serve

both HA residents and section 8 families who are participating in the

FSS Program. For all other families using FIC services, costs incurred

are to be borne by other resources.

To be eligible under this NOFA, a HA cannot have serious

unaddressed, outstanding Inspector General audit findings or fair

housing and equal opportunity monitoring review findings or Field

Office management review findings. In addition, the HA must be in

compliance with civil rights laws and equal opportunity requirements. A

HA will be considered to be in compliance if:

(a) As a result of formal administrative proceedings, there are no

outstanding findings of noncompliance with civil rights laws unless the

HA is operating in compliance with HUD-approved compliance agreement

designed to correct the area(s) of noncompliance;

(b) There is no adjudication of a civil rights violation in a civil

action brought against it by a private individual, unless the HA

demonstrates that it is operating in compliance with a court order, or

implementing a HUD-approved resident selection and assignment plan or

compliance agreement, designed to correct the area(s) of noncompliance;

(c) There is no deferral of Federal funding based upon civil rights

violations;

(d) HUD has not deferred application processing by HUD under Title

VI of the Civil Rights Act of 1964, the Attorney General's Guidelines

(28 CFR 50.3) and HUD's Title VI regulations (24 CFR 1.8) and

procedures (HUD Handbook 8040.1) [PHAs only] or under section 504 of

the Rehabilitation Act of 1973 and HUD regulations (24 CFR 8.57) [PHAs

and IHAs];

(e) There is no pending civil rights suit brought against the HA by

the Department of Justice; and

(f) There is no unresolved charge of discrimination against the HA

issued by the Secretary under section 810(g) of the Fair Housing Act,

as implemented by 24 CFR 103.400.

(2) Eligible Activities. Program funds may be used for the

following activities:

(a) The renovation, conversion, or combination of vacant dwelling

units in a HA development to create common areas to accommodate the

provision of supportive services;

(b) The renovation of existing common areas in a HA development to

accommodate the provision of supportive services;

(c) The renovation of facilities located near the premises of one

or more HA developments to accommodate the provision of supportive

services;

(d) The provision of not more than 15 percent of the total cost of

supportive services (which may be provided directly to eligible

residents by the HA or by contract or lease through other appropriate

agencies or providers), but only if the HA demonstrates that:

(i) The supportive services are appropriate to improve the access

of eligible residents to employment and educational opportunities; and

(ii) The HA has made diligent efforts to use or obtain other

available resources to fund or provide such services; and

(e) The employment of service coordinators.

(3) Other Eligibility Related Requirements. (a) Grants used solely

for the activities listed in paragraphs (a), (b), or (c) of Section

I.E(2), ``Eligible Activities,'' of this NOFA, shall be completed

within three years of the effective date of the grant. Each applicant

should submit a description of the renovation or conversion to be

conducted, along with a budget and timetable for those activities.

Other eligible activities may be funded over a maximum five-year

period.

(b) Each applicant must submit a budget, timetable, and list of

milestones for the five-year period (following initial receipt of

funding), at least, covered by the applicant's description of

supportive services. Milestones shall include the number of families to

be served, types of services, and dollar amounts to be allocated over

the five-year period.

(c) Each applicant must demonstrate a firm commitment of assistance

from one or more sources ensuring that supportive services will be

provided for not less than one year following the completion of

activities funded under this NOFA.

(d) When a grant application is approved, the HA must receive

approval from HUD to conduct renovation or conversions. Approval must

be provided prior to drawing down funds.

(e) If a renovation is done off-site, the HA must provide

documentation that it has control of the proposed property. Control can

be evidenced through a lease agreement, ownership documentation, or

other appropriate documentation (see Sections III.B(3) and III.C(15) of

this NOFA).

F. Other Program Requirements

(1) Resident Involvement. The Department has a longstanding policy

of encouraging HAs to promote resident involvement, and to facilitate

cooperative partnerships to achieve specific and mutual goals.

Therefore, residents must be included in the planning and

implementation of this program. The HA shall develop a process that

assures that RC/RMC/RO representatives and residents are fully briefed

and have an opportunity to comment on the proposed content of the HA's

application in response to this NOFA. The HA shall give full

consideration to the comments and concerns of the residents. The

process shall include:

(a) Informing residents of the selected developments regarding the

preparation of the application, and providing for residents to assist

in the development of the application, as appropriate.

(b) Once a draft application has been prepared, the HA shall make a

copy available for reading in the management office; provide copies of

the draft to any resident organization representing the residents of

the development(s) involved; and provide adequate opportunity for

comment by the residents of the development and their representative

organizations prior to making the application final.

(c) Provide to any resident organization representing the

development a summary of the resident comments and its response to

them, and notify residents of the development(s) that this summary and

response are available for reading in the management office.

(d) After HUD approval of a grant, notify residents of the

development, and any representative organizations of approval, of the

grant; notify the residents of the availability of the HUD approved

implementation schedule in the management office for reading; and

develop a system to facilitate a regular resident role in all aspects

of program implementation.

(2) Training/Employment/Contracting of HA Residents. (a) Section 3

of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)

(Section 3) requires that programs of direct financial assistance

administered by HUD provide, to the greatest extent feasible,

opportunities for job training and employment to lower income residents

in connection with projects in their neighborhoods. For purposes of

training and employment, the HA may offer opportunities to Section 3

residents in the following priority: (i) Residents of the housing

development for which the assistance is being provided; (ii) residents

who reside within a project area as defined in 24 CFR 135.15 and who

reside in developments managed by the HA that is expending the

assistance; and (iii) other residents of the Section 3 area. Therefore,

at a minimum each HA and each of its contractors and subcontractors

receiving funds under this program shall make best efforts to employ HA

residents to provide services and renovation or conversion work.

(b) For purposes of the requirements under Section 3, a best effort

means that the HA shall:

(1) Attempt to recruit HA residents from the appropriate areas

through local advertising media, signs placed at the proposed FIC

project site, and community organizations and public or private

institutions operating within the development area. The HA shall

include in its outreach and marketing efforts, procedures to attract

the least likely to apply for this program because it includes

construction/renovation type of activities, i.e., low-income households

headed by women and persons with disabilities; and

(2) Determine the qualifications of HA residents when they apply,

either on their own or on referral from any source, and employ HA

residents if their qualifications are satisfactory and the contractor

has openings. If the HA is unable to employ residents determined to be

qualified, those residents shall be listed for the first available

openings.

(3) Davis-Bacon Requirements. All laborers and mechanics employed

by contractors or the HA in renovation or conversion (including

combining of units) on the premises of the HA development to

accommodate the provision of supportive services under this program

shall be paid not less than the wages prevailing in the locality, as

predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act

(40 U.S.C. 276a--276a-5). All architects, technical engineers,

draftsmen, and technicians employed with respect to such work shall be

paid not less than the wages prevailing in the locality as determined

by HUD. These requirements do not apply to volunteers under the

conditions set out in 24 CFR part 70.

(4) Resident Compensation. Residents employed to provide services

funded under this program or described in the application shall be paid

at a rate not less than the highest of:

(a) The minimum wage that would be applicable to the employees

under the Fair Labor Standards Act of 1938 (FLSA), if section 6(a)(1)

of the FLSA applied to the resident and if the resident were not exempt

under section 13 of the FLSA;

(b) The State or local minimum wage for the most nearly comparable

covered employment; or

(c) The prevailing rate of pay for persons employed in similar

public occupations by the same employer.

(5) Treatment of Income. (a) 1937 Act. As provided in section 22(i)

of the United States Housing Act of 1937 (1937 Act), no service

provided to a HA resident under this program may be treated as income

for the purpose of any other program or provision of State, Tribal, or

Federal law. Program participation shall begin on the first day the

resident enters training or begins to receive services. Furthermore,

the earnings of and benefits to any HA resident resulting from

participation in the FIC program shall not be considered as income in

computing the tenant's total annual income that is used to determine

the tenant rental payment during:

(i) The period that the resident participates in the program; and

(ii) The period that begins with the commencement of employment of

the resident in the first job acquired by the resident after completion

of the program that is not funded by assistance under the 1937 Act, and

ends on the earlier of:

(A) The date the resident ceases to continue employment without

good cause; or

(B) The expiration of the 18-month period beginning on the date of

commencement of employment in the first job not funded by assistance

under this program.

(b) NAHA. In addition, as provided in section 957 of NAHA, the rent

charged to a family whose monthly adjusted income increases as a result

of the employment of a member of the family who was previously

unemployed may not be increased as a result of the increased monthly

adjusted income due to such employment by more than 10 percent in each

12-month period during the 36-month period beginning upon such

employment.

(6) Reports. Each HA receiving a grant shall submit to HUD an

annual progress report, participant evaluation and assessment data and

other information, as needed, regarding the effectiveness of FIC in

achieving self-sufficiency.

G. Ranking Factors

Each application for grant award will be evaluated if it is

submitted as required under Section II.B of this NOFA and meets the

eligibility requirements in Section I.E of this NOFA. Applications

submitted for funds that include renovation, conversion, or combination

of dwelling unit activities will be competitively selected based on the

highest scores out of a possible 135 points. Applications submitted for

funds solely to implement supportive services will be competitively

selected based on the highest scores out of a possible 140 points.

Initially, HUD will distribute funds geographically in order to

seek diversity through an appropriate mix of public and Indian housing

authorities. Grants will be awarded to the two highest ranked eligible

applicants in each funding category per HUD region. In addition, grants

will be awarded to the two highest ranked eligible IHA applications in

each funding category on a nationwide basis. All of the remaining

applications will then be placed in overall nationwide ranking order,

with the remaining funds granted in order of rank until all funds are

awarded.

HUD will review and evaluate the application as follows, according

to whether the application seeks funds for supportive services only or

for other activities.

(1) Conversion/Renovation/Supportive Services Activities (Maximum

135 points).

Applications for funds for these activities will be scored on the

following factors:

(a) Evidence of the need for supportive services by eligible

residents [10 points];

(b) The extent to which the envisioned renovation, conversion and

combination activities are appropriate to facilitate the provision of

FIC services [15 points];

(c) The extent to which each service provider has evidenced that

supportive services and other resources will be provided until at least

the later of: (i) five years following the initial receipt of funding

under this NOFA; or (ii) one year following the completion of

activities funded under this NOFA [25 points];

(d) The extent to which the HA has demonstrated that it has

partnered with residents in the planning phase for the FIC, and will

further include the residents in the implementation phase [15 points];

(e) The extent to which the HA has demonstrated that it will

contract with or employ residents to provide services and conduct

conversion and renovation activities [15 points];

(f) Certification that the HA is implementing a FSS program. IHAs,

without FSS programs, that have established counseling programs such as

those found in Mutual Help (MH) may provide similar certification [5

points];

(g) The ability of the HA or designated service provider to provide

the supportive services [5 points];

(h) The extent to which the HA has coordinated implementation of

the program, including those in target areas such as Weed and Seed,

Distressed, etc., with tribal, State, or local social service agencies

[10 points]. In assigning points for this factor, HUD shall consider

the extent of the involvement of those agencies in the development of

the application and their commitment of assistance in the

implementation of the FIC. The commitment of these agencies may be

demonstrated through evidence of intent to provide direct financial

assistance or other resources, such as social services (i.e.,

counseling and training); the use of public/Indian housing funds

available through existing State and local programs; or other

commitments.

(i) The extent to which the HA has demonstrated success in

modernization activities under the Comprehensive Grant/Comprehensive

Improvement Assistance (CIAP) Programs (see 24 CFR part 968), the

extent to which the HA has a good record of maintaining and operating

public housing as determined by the Public Housing Management

Assessment Plan (PHMAP) (see 24 CFR part 901) [10 points], and has

utilized innovative and workable strategies to improve management

(e.g., LEAP, which uses highly skilled retired military personnel in

key management positions); and

(j) The extent to which the HA has demonstrated that it will commit

to its FIC part of its formula allocation of Comprehensive Grant

Program (CGP) funds for CGP-eligible activities that result in

employment, training, and contracting opportunities for eligible

residents [25 points].

(2) Supportive Services Only (Maximum 140 points). Applications for

funds for these activities will be scored on the following factors:

(a) Evidence of the need for supportive services by eligible

residents. [10 points];

(b) Certification that the HA has control of a site to facilitate

the provision of supportive services appropriate for the FIC program

[10 points];

(c) The extent to which each service provider has evidenced that

supportive services and other resources will be provided until at least

the later of: (i) five years following the initial receipt of funding

under this NOFA; or (ii) one year following the completion of

activities funded under this NOFA [25 points];

(d) The extent to which the HA has demonstrated that it has

included residents in the planning phase for the FIC, and will further

include the residents in the implementation phase [10 points];

(e) The extent to which the HA has demonstrated that it will

contract with or employ residents to provide services [15 points];

(f) Certification that the HA is implementing a FSS program. IHAs,

without FSS programs, that have established counseling programs such as

those found in Mutual Help (MH) may provide similar certification [5

points];

(g) Past experience in obtaining and providing similar services for

HA families [15 points];

(h) The ability of the HA or a designated service provider to

provide the supportive services [5 points];

(i) The extent to which the HA has a good record of maintaining and

operating public housing, as determined by its Public Housing

Management Assessment Plan (PHMAP), and has utilized innovative and

workable strategies to improve management (e.g., LEAP, which uses

highly skilled retired military personnel in key management positions)

[10 points];

(j) The extent to which the HA has coordinated implementation of

the program, including those in target areas such as Weed and Seed,

Distressed, etc., with tribal, State and/or local social service

agencies [10 points]. In assigning points for this factor, HUD shall

consider the involvement of those agencies in the development of the

application and their commitment of assistance in the implementation of

the FIC. The commitment of these agencies may be demonstrated through

evidence of intent to provide direct financial assistance or other

resources, such as social services (e.g., counseling and training); the

use of public/Indian housing funds available through existing State and

local programs; or other commitments; and

(k) Extent to which the HA has demonstrated that it will commit to

its FIC part of its formula allocation of Comprehensive Grant Program

(CGP) funds for CGP-eligible activities that result in employment,

training, and contracting opportunities for its residents [25 points].

H. Environmental Review

Any environmental impact regarding eligible activities will be

addressed through an environmental review of that activity as required

by 24 CFR part 50, including the applicable related laws and

authorities under section 50.4, to be completed by HUD, to ensure that

any environmental impact will be addressed before assistance is

provided to the HA. Grantees will be expected to adhere to all

assurances applicable to environmental concerns as contained in this

NOFA and grant agreements.

II. Application Submissions Process

A. Application Kit

An application kit is required as the formal submission to apply

for funding. The kit includes information and guidance on preparation

of a Plan and Budget for activities proposed by the applicant. This

process facilitates the execution of the grant for those selected to

receive funding. An application may be obtained from the local HUD

Field/Indian Offices with delegated responsibilities over an applying

HA (See Appendix A for listing), or by calling HUD's Resident

Initiatives Clearinghouse toll free number 1-800-955-2232. Requests for

application kits must include your name, mailing address or P.O. Box

(including zip code), and telephone number (including area code), and

should refer to document FR-3397-N-01. Applications may be requested

beginning March 24, 1994.

B. Application Submission

The original and two copies of the application must be submitted.

The Appendix lists addresses of HUD Field/Indian Offices that will

accept the completed application.

The application must be physically received by 4:30 p.m., local

time, on June 22, 1994. This application deadline is firm 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

practice into account and make early submission of their applications

to avoid any risk of loss of eligibility brought on by unanticipated

delays or other delivery-related problems. Facsimile and telegraphic

applications are not authorized and shall not be considered.

III. Checklist of Application Submission Requirements

The Application Kit will contain a checklist of all application

submission requirements to complete the application process.

A. Applications for Supportive Services Only must contain the

following information:

(1) Name and address (or P.O. Box) of the HA. Name and telephone

number of contact person (in the event further information or

clarification is needed during the application review process);

(2) SF-424A, Budget Information, Non-Construction Programs, and SF-

424B, Assurances, Non-Construction Programs;

(3) A description of the need for supportive services by eligible

residents;

(4) A description of the supportive services that are to be

provided over at least a 5-year period after the initial receipt of

funding under this NOFA, and how the supportive services will enhance

education and job opportunities for residents;

(5) Evidence of a firm commitment of assistance from one or more

sources ensuring that the supportive services will be provided for not

less than one year following the completion of activities funded under

this NOFA. Evidence shall be in the form of a letter or resolution. A

cost allocation plan shall be submitted outlining the one-year

commitment;

(6) A description of public or private sources of assistance that

can reasonably be expected to fund or provide supportive services,

including evidence of any intention to provide assistance expressed by

State and local governments, private foundations, and other

organizations (including profit and nonprofit organizations);

(7) A description of the plan for continuing operation of the FIC,

and the provision of services to families after completion of the later

of: (i) Five years following the initial receipt of funding under this

NOFA; or (ii) one year following the completion of activities funded

under this NOFA;

(8) A certification from an appropriate service agency (in the case

of FSS, the certification may be from the Coordinating Committee) that:

(a) The provision of supportive services is well designed to

provide families better access to educational and employment

opportunities; and

(b) There is a reasonable likelihood that such services will be

funded or provided for the entire five-year period, at least, after the

initial receipt of funding under this NOFA.

(9) A description of assistance for which the HA is applying;

(10) A narrative on the location of the FIC facility. Provide the

precise location of the facility to be used for FIC, and indicate its

accessibility to residents, including distance from the development(s),

and transportation necessary to receive services;

(11) Evidence that the HA has control of the FIC site. If the

facility is off-site, the HA shall include copies of the negotiated

lease and the terms, an option to lease, indicating that the facility

is available to the HA for use as a FIC for the period ending the later

of: (i) Five years following the initial receipt of funding under this

NOFA, or (ii) one year following the completion of activities funded

under this NOFA; lease and the terms, an option description of the

(12) A certification that the HA is implementing a FSS program, if

applicable. IHAs, without FSS programs, that have established

counseling programs such as those found in Mutual Help (MH) should

provide similar certification, if applicable;

(13) A certification that funds used to pay for a Service

Coordinator are not duplicate expenses from any other program,

including FSS;

(14) A description of the resident involvement in the planning and

implementation phases of this program;

(15) A description of the services that HA residents will be

employed to provide;

(16) Letters of commitment. The letters should identify all

commitments for additional resources to be made available to the

program from the applicant and other State, local, or private entities.

The description shall include, but is not limited to, the commitment

source, source committed, availability and use of funds, and other

conditions associated with the loan, grant, gift, donation,

contribution, etc. Commitments from State or local agencies may

include, but are not limited to, vocational, adult, and bilingual

education; Job Partnership Training Act (JTPA) and Family Support Act

of 1988 job training programs; child care; and social services

assistance, counseling or drug addiction services. Commitments may

include in-kind contributions, on-site journeymen or equivalent

instructors, transportation, or other resources for use by participants

of the FIC;

(17) Certification that efforts were made to use or obtain other

resources to fund or provide the services proposed;

(18) Certification of the extent to which the HA will commit to its

FIC part of its formula allocation of Comprehensive Grant Program funds

for CGP eligible activities that result in employment, training, and

contracting opportunities for eligible residents;

(19) A project budget, timetable and narrative;

(20) Certification that FIC funding will not duplicate any other

HUD funding, including CGP funding.

(21) Equal Opportunity Requirements. The HA must certify that it

will carry out activities assisted under the program in compliance

with:

(a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619)

and implementing regulations at 24 CFR parts 100, 107, 109, 110, and

121; and Executive Order 11063 (Equal Opportunity Housing implementing

regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted

Programs) and implementing regulations issued at 24 CFR part 1;

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

2000d-4), which prohibits discrimination on the basis of race, color

or national origin in federally assisted programs, and the Fair

Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination

based on race, color, religion, sex or national origin in the sale

or rental of housing, do not apply to Indian housing authorities

(IHAs) established by exercise of a Tribe's powers of self-

government. Title VI and the Fair Housing Act (24 CFR parts 1 and

100) shall not be applicable to the development or operation of

projects by such IHAs.)

(b) 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; the prohibition against

discrimination against individuals with a disability under section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing

regulations at 24 CFR part 8; and the requirements of Executive Order

11246 and the implementing regulations issued at 41 CFR chapter 60;

(c) The requirements of section 3 of the Housing and Urban

Development Act of 1968, 12 U.S.C. 1701u and implementing regulations

at 24 CFR part 135; and

(d) The requirements of Executive Orders 11625, 12432, and 12138.

Consistent with HUD's responsibilities under these Orders, the grantee

must make efforts to encourage the use of minority and women's business

enterprises in connection with activities funded under this notice.

(22) Form HUD-2880, Applicant/Recipient Disclosure Update Report

must be completed in accordance with 24 CFR part 12, Accountability in

the Provision of HUD Assistance. A copy is provided in the application

kit.

(23) Drug-Free Workplace Certification. The Drug-Free Workplace Act

of 1988 (42 U.S.C. 701) requires grantees of federal agencies to

certify that they will provide drug-free workplaces. Each potential

recipient under this NOFA must certify that it will comply with drug-

free workplace requirements in accordance with the Act and with HUD's

rules at 24 CFR part 24, subpart F.

(24) Certification regarding Lobbying. Section 319 of the

Department of the Interior Appropriations Act, Public Law 101-121,

approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'')

generally prohibits recipients of Federal contracts, grants, and 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 Department's regulations on these

restrictions on lobbying are codified at 24 CFR part 87. To comply with

24 CFR 87.110, any HA submitting an application under this announcement

for more than $100,000 of budget authority must submit a certification

and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).

(25) A certification that:

(a) The HA will include in any contract for renovation or

conversion (including combining of units) on the premises of the HA

development to accommodate the provision of supportive services under

this program, a requirement that all laborers and mechanics (other than

volunteers under the conditions set out in 24 CFR part 70) shall be

paid not less than the wages prevailing in the locality, as

predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act

(40 U.S.C. 276a--276a-5);

(b) The HA will include in such contracts a requirement that all

architects, technical engineers, draftsmen, and technicians (other than

volunteers) shall be paid not less than the wages prevailing in the

locality as determined by HUD; and

(c) The HA will pay such wage rates to its own employees engaged in

this work.

B. Applications for Renovation/Conversion Activities Only must

contain the following information:

(1) Name and address (or P.O. Box) of the HA. Name and telephone

number of contact person (in the event further information or

clarification is needed during the application review process);

(2) A narrative on the location of the off-site facility. if

applicable. Provide the precise location of the FIC facility (street

address) and indicate its accessibility to residents, including

distance from the development(s), and transportation necessary to

receive services;

(3) Evidence that the HA has control of the proposed off-site

premises. This shall include copies of the negotiated lease and the

terms, an option to lease, indicating that the facility will be

available to the HA for use as a FIC for the period ending the later

of: (i) Five years following the initial receipt of funding under this

NOFA; or (ii) one year following the completion of activities funded

under this NOFA;

(4) A description of services that the HA expects to be provided,

to the greatest extent practicable, by HA residents, as described in

Section I.F(2) of this NOFA. The Description shall include the position

titles and numbers of residents expected to be employed for renovation/

conversion activities;

(5) Certification of the extent to which the HA will commit to its

FIC part of its formula allocation of Comprehensive Grant Program (CGP)

funds for CGP eligible activities that result in employment, training,

and contracting opportunities for eligible residents;

(6) A project budget, timetable and narrative;

(7) Certification that FIC funding will not duplicate any other HUD

funding, including CGP funding.

(8) Equal Opportunity Requirements. The HA must certify that it

will carry out activities assisted under the program in compliance

with:

(a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619)

and implementing regulations at 24 CFR parts 100, 107, 109, 110, and

121; and Executive Order 11063 (Equal Opportunity Housing implementing

regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted

Programs) and implementing regulations issued at 24 CFR part 1;

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

2000d-4), which prohibits discrimination on the basis of race, color

or national origin in federally assisted programs, and the Fair

Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination

based on race, color, religion, sex or national origin in the sale

or rental of housing, do not apply to Indian housing authorities

(IHAs) established by exercise of a Tribe's powers of self-

government. Title VI and the Fair Housing Act (24 CFR parts 1 and

100) shall not be applicable to the development or operation of

projects by such IHAs.)

(b) 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; the prohibition against

discrimination against individuals with a disability under section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing

regulations at 24 CFR part 8 and Title II or the Americans with

Disabilities Act of 1009 (42 U.S.C. 12131) and implementing regulation

at 28 CFR part 35; and the requirements of Executive Order 11246 and

the implementing regulations issued at 41 CFR chapter 60;

(c) The requirements of section 3 of the Housing and Urban

Development Act of 1968, 12 U.S.C. 1701u and implementing regulations

at 24 CFR part 135; and

(d) The requirements of Executive Orders 11625, 12432, and 12138.

Consistent with HUD's responsibilities under these Orders, the grantee

must make efforts to encourage the use of minority and women's business

enterprises in connection with activities funded under this notice.

(8) Evidence of a firm commitment of assistance from one or more

sources ensuring that the supportive services will be provided for not

less than one year following the completion of activities funded under

this NOFA. Evidence shall be in the form of a letter or resolution. A

cost allocation plan shall be submitted outlining the one-year

commitment;

(9) Form HUD-2880, Applicant/Recipient Disclosure Update Report

must be completed in accordance with 24 CFR part 12, Accountability in

the Provision of HUD Assistance. A copy is provided in the application

kit.

(10) Drug-Free Workplace Certification. The Drug-Free Workplace Act

of 1988 (42 U.S.C. 701) requires grantees of federal agencies to

certify that they will provide drug-free workplaces. Each potential

recipient under this NOFA must certify that it will comply with drug-

free workplace requirements in accordance with the Act and with HUD's

rules at 24 CFR part 24, subpart F.

(11) Certification regarding Lobbying. Section 319 of the

Department of the Interior Appropriations Act, Public Law 101-121,

approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'')

generally prohibits recipients of Federal contracts, grants, and 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 Department's regulations on these

restrictions on lobbying are codified at 24 CFR part 87. To comply with

24 CFR 87.110, any HA submitting an application under this announcement

for more than $100,000 of budget authority must submit a certification

and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).

(12) A certification that:

(a) The HA will include in any contract for renovation or

conversion (including combining of units) on the premises of the HA

development to accommodate the provision of supportive services under

this program, a requirement that all laborers and mechanics (other than

volunteers under the conditions set out in 24 CFR part 70) shall be

paid not less than the wages prevailing in the locality, as

predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act

(40 U.S.C. 276a--276a-5);

(b) The HA will include in such contracts a requirement that all

architects, technical engineers, draftsmen, and technicians (other than

volunteers) shall be paid not less than the wages prevailing in the

locality as determined by HUD; and

(c) The HA will pay such wage rates to its own employees engaged in

this work.

C. Applications for Both Supportive Services and Renovation/

Conversion Activities must contain the following information:

(1) Name and address (or P.O. Box) of the HA. Name and telephone

number of contact person (in the event further information or

clarification is needed during the application review process);

(2) SF-424A, Budget Information, Non-Construction Programs, and SF-

424B, Assurances, Non-Construction Programs;

(3) A description of assistance for which the HA is applying;

(4) A description of the need for supportive services by eligible

residents;

(5) Evidence of a firm commitment of assistance from one or more

sources ensuring that the supportive services will be provided for not

less than one year following the completion of activities funded under

this NOFA. Evidence shall be in the form of a letter or resolution. A

cost allocation plan shall be submitted outlining the one-year

commitment;

(6) A description of the plan for continuing operation of the FIC

and the provision of supportive services to families after the later

of: (i) five years following the initial receipt of funding under this

NOFA; or (ii) one year following the completion of activities funded

under this NOFA;

(7) A description of services that the HA expects to be provided,

to the greatest extent practicable by HA residents as provided under

Section I.F(2) of this NOFA;

(8) A description of the positions and numbers of residents

expected to be employed for renovation, conversion, and other eligible

activities;

(9) A certification that the HA is implementing a FSS program, if

applicable. IHAs, without FSS programs, that have established

counseling programs such as those found in Mutual Help (MH) should

provide similar certification, if applicable;

(10) A description of the resident involvement in the planning and

implementation phases of this program.

(11) Certification of the extent to which the HA will commit to its

FIC part of its formula allocation of Comprehensive Grant Program (CGP)

funds for CGP eligible activities that result in employment, training,

and contracting opportunities for eligible residents;

(12) A project budget, timetable, and narrative;

(13) Letters of commitment. Identify all commitments for additional

resources to be made available to the program from the applicant and

other State, local, or private entities. The description shall include,

but is not limited to, the commitment source, source committed,

availability and use of funds, and other conditions associated with the

loan, grant, gift, donation, contribution, etc. Commitments from State

or local agencies may include, but are not limited to, vocational,

adult, and bilingual education; JTPA and Family Support Act of 1988 job

training programs; child care; and social services assistance,

counseling or drug addiction services. Commitments may include in-kind

contributions, on-site journeymen or equivalent instructors,

transportation, or other resources for use by participants of the FIC.

(14) A narrative on the location of the off-site facility. if

applicable. Provide the precise location of the FIC facility (street

address) and its accessibility to residents including distance from the

development(s), and transportation necessary to receive services;

(15) Evidence that the HA has control of the proposed off-site

premises. This shall include copies of the negotiated lease and the

terms, an option to lease, indicating that the facility will be

available to the HA for use as a FIC for the period ending the later

of: (i) Five years following the initial receipt of funding under this

NOFA; or (ii) one year following the completion of activities funded

under this NOFA;

(16) Certification that FIC funding will not duplicate any other

HUD funding, including CGP funding.

(17) Equal Opportunity Requirements. The HA must certify that it

will carry out activities assisted under the program in compliance

with:

(a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619)

and implementing regulations at 24 CFR parts 100, 107, 109, 110, and

121; and Executive Order 11063 (Equal Opportunity Housing implementing

regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted

Programs) and implementing regulations issued at 24 CFR part 1;

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

2000d-4), which prohibits discrimination on the basis of race, color

or national origin in federally assisted programs, and the Fair

Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination

based on race, color, religion, sex or national origin in the sale

or rental of housing, do not apply to Indian housing authorities

(IHAs) established by exercise of a Tribe's powers of self-

government. Title VI and the Fair Housing Act (24 CFR parts 1 and

100) shall not be applicable to the development or operation of

projects by such IHAs.)

(b) 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; the prohibition against

discrimination against individuals with a disability under section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing

regulations at 24 CFR part 8 and Title II of the Americans with

Disabilities Act of 1009 (42 U.S.C. 12131) and implementing regulation

at 28 CFR Part 35; and the requirements of Executive Order 11246 and

the implementing regulations issued at 41 CFR chapter 60;

(c) The requirements of section 3 of the Housing and Urban

Development Act of 1968, 12 U.S.C. 1701u and implementing regulations

at 24 CFR part 135; and

(d) The requirements of Executive Orders 11625, 12432, and 12138.

Consistent with HUD's responsibilities under these Orders, the grantee

must make efforts to encourage the use of minority and women's business

enterprises in connection with activities funded under this notice.

(17) Form HUD-2880, Applicant/Recipient Disclosure Update Report

must be completed in accordance with 24 CFR part 12, Accountability in

the Provision of HUD Assistance. A copy is provided in the application

kit.

(18) Drug-Free Workplace Certification. The Drug-Free Workplace Act

of 1988 (42 U.S.C. 701) requires grantees of federal agencies to

certify that they will provide drug-free workplaces. Each potential

recipient under this NOFA must certify that it will comply with drug-

free workplace requirements in accordance with the Act and with HUD's

rules at 24 CFR part 24, subpart F.

(19) Certification regarding Lobbying. Section 319 of the

Department of the Interior Appropriations Act, Public Law 101-121,

approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'')

generally prohibits recipients of Federal contracts, grants, and 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 Department's regulations on these

restrictions on lobbying are codified at 24 CFR part 87. To comply with

24 CFR 87.110, any HA submitting an application under this announcement

for more than $100,000 of budget authority must submit a certification

and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).

(20) A certification that:

(a) The HA will include in any contract for renovation or

conversion (including combining of units) on the premises of the HA

development to accommodate the provision of supportive services under

this program, a requirement that all laborers and mechanics (other than

volunteers under the conditions set out in 24 CFR part 70) shall be

paid not less than the wages prevailing in the locality, as

predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act

(40 U.S.C. 276a--276a-5);

(b) The HA will include in such contracts a requirement that all

architects, technical engineers, draftsmen, and technicians (other than

volunteers) shall be paid not less than the wages prevailing in the

locality as determined by HUD; and

(c) The HA will pay such wage rates to its own employees engaged in

this work.

IV. Corrections to Deficient Applications

After the submission deadline date, HUD will screen each

application to determine whether it is complete. If an application

lacks certain technical items, such as certifications or assurances, or

contains a technical error, such as an incorrect signatory, HUD will

notify the applicant in writing that it has 14 calendar days from the

date of HUD's written notification to cure the technical deficiency. If

the applicant fails to submit the missing material within the 14-day

cure period, HUD will disqualify the application.

This 14-day cure period applies only to nonsubstantive deficiencies

or errors. Deficiencies capable of cure will involve only items not

necessary for HUD to assess the merits of an application against the

ranking factors specified in this NOFA.

V. Other Matters

A. Other Federal Requirements

In addition to the Equal Opportunity Requirements set forth in

Section III, Checklist of Application Submission Requirements, of this

NOFA, grantees must comply with the following requirements:

(1) Ineligible contractors. The provisions of 24 CFR part 24

relating to the employment, engagement of services, awarding of

contracts, or funding of any contractors or subcontractors during any

period of debarment, suspension, or placement in ineligibility status.

(2) Flood insurance. No building proposed for acquisition,

construction, reconstruction, repair, or improvement to be assisted

under this program may be located in an area that has been identified

by the Federal Emergency Management Agency (FEMA) as having special

flood hazards, unless the community in which the area is situated is

participating in the National Flood Insurance Program and the

regulations thereunder (44 CFR parts 59-79), or less than a year has

passed since FEMA notification regarding such hazards, and the grantee

ensures that flood insurance on the structure is obtained in compliance

with section 102(a) of the Flood Disaster Protection Act of 1973 (42

U.S.C. 4001 et seq.).

(3) Lead-based paint. The requirements, as applicable, of the Lead-

Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and

implementing regulations at 24 CFR parts 35, 965 and 968.

(4) Applicability of OMB Circulars. The policies, guidelines, and

requirements of OMB Circular Nos. A-110 and A-122 with respect to the

acceptance and use of assistance by private nonprofit organizations.

(5) Relocation and Real Property Acquisition. The Uniform

Relocation Assistance and Real Property Acquisition Policies Act of

1970 and HUD Handbook 1378, Tenant Assistance, Relocation and Real

Property Acquisition, apply to the acquisition of real property for an

assisted project and the displacement of any person (family,

individual, business, nonprofit organization, or farm) as a direct

result of acquisition, rehabilitation, or demolition for the project.

B. Environmental Review

A finding of no significant impact with respect to the environment

has been made in accordance with HUD regulations in 24 CFR part 50 that

implement section 102(2)(C) of the National Environmental Policy Act of

1969. (42 U.S.C. 4332). The finding of no significant impact is

available for public inspection and copying Monday through Friday

during regular business hours at the Office of the Rules Docket Clerk,

Office of General Counsel, Room 10276, Department of Housing and Urban

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

C. Executive Order 12612, Federalism

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. As a result,

the notice is not subject to review under the Order. The notice

announces the availability of funds to provide families living in

public or Indian housing with better access to education and job

opportunities to achieve self-sufficiency and independence.

D. Executive Order 12606, the Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this notice has potential

for a significant impact on family formation, maintenance, and general

well-being. The purpose of the notice is to provide funding to assist

families living in public or Indian housing with better access to

education and job opportunities to achieve self-sufficiency and

independence, and, thus, could benefit families significantly. However,

because the impact on families is beneficial, no further review is

considered necessary.

E. Section 102 HUD Reform Act: Documentation and Public Access

Requirements

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.)

F. Section 103 of the HUD Reform Act

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a)

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 restrained 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 (voice/TDD). (This is not a toll-free number.)

The Office of Ethics can provide information of a general nature to HUD

employees, as well. However, a HUD employee who has specific program

questions, such as whether particular subject matter can be discussed

with persons outside the Department, should contact his or her Regional

or Field Office Counsel, or Headquarters counsel for the program to

which the question pertains.

G. Section 112 of the Reform Act

Section 13 of the Department of Housing and Urban Development Act

(42 U.S.C. 3537b) 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.

Any questions about the rule should be directed to the Office of

Ethics, room 2158, Department of Housing and Urban Development, 451

Seventh Street SW., Washington, DC 20410-3000. Telephone: (202) 708-

3815 (voice/TDD) (This is not a toll-free number.) Forms necessary for

compliance with the rule may be obtained from the local HUD office.

H. Freedom of Information Act

Applications submitted in response to this NOFA are subject to

disclosure under the Freedom of Information Act (FOIA). To assist the

Department in determining whether to release information contained in

an application in the event a FOIA request is received, and applicant

may, through clear earmarking, or otherwise, indicate those portions of

its application that it believes should not be disclosed. The

applicants's views will be used solely to aid the Department in

preparing its response to a FOIA request; however, the Department is

required by the FOIA to make an independent evaluation of the

information.

HUD suggests that an applicant provide a basis, when possible, for

its belief that confidential treatment is appropriate; general

assertions or blanket requests for confidentiality, without more

information, are of limited value to the Department in making

determinations concerning the release of information under FOIA. The

Department is required to segregate disclosable information from

nondisclosable items, so an applicant should be careful to identify

each portion of the application for which confidential treatment is

requested.

The Department emphasizes that the presence or absence of comments

or earmarking regarding confidential information will have no bearing

on the evaluation of applications submitted in response to this

solicitation.

I. Prohibition Against Lobbying Activities

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

disclosure requirements and prohibitions of section 319 of the

Department of Interior and Related Agencies Appropriations Act of

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. The

Department has determined that an IHA established by an Indian Tribe as

a result of the exercise of its sovereign power is not subject to the

Byrd Amendment, but an IHA established under State law is subject to

those requirements and prohibitions.

Authority: 42 U.S.C. 1437t and 3535(d).

Dated: February 7, 1994.

Joseph Shuldiner,

Assistant Secretary for Public and Indian Housing.

[FR Doc. 94-4413 Filed 2-25-94; 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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