Notice of Funding Availability for Fiscal Year 1995 for Innovative Project Funding Under the Innovative Homeless Initiatives Demonstration Program

SUMMARY: This Notice announces the availability of $25 million in funds

for applications for Innovative Project Funding under the Innovative

Homeless Initiatives Demonstration Program. These funds will be awarded

competitively for innovative programs designed to provide aggressive

outreach to homeless persons living on the streets or in other places

not designed for, or ordinarily used as, regular sleeping

accommodations for human beings; provide intensive needs assessments;

connect these people with existing community resources when available;

and, if necessary, provide additional housing and services for them.

Each innovative outreach program must fill a gap within the context of

developing a continuum of care system in the jurisdiction designed to

assist homeless persons. This notice of funding availability (NOFA)

contains information concerning program purpose, eligible applicants,

eligible activities, application requirements, and application

processing.

DEADLINE DATE: All applications received at HUD Headquarters, Office of

Community Planning and Development, at the address shown in the

Addresses section of this NOFA by 6 p.m. local time on February 6,

1995, will be considered for funding. HUD will treat as ineligible for

consideration applications that are received after the deadline.

However, any application received at that address within 24 hours after

the deadline will be considered for funding if the applicant can show

there were circumstances beyond its control that delayed delivery of

the application, such as the failure of a delivery service to deliver

the application on or before the specified date. Applications may not

be sent by facsimile (FAX).

The Department has established a short application period for this

NOFA in an effort to make funding quickly available to applicants who

are in need of funding to assist homeless persons, especially during

this time when harsh weather conditions necessitate greater and more

immediate assistance to homeless persons.

ADDRESSES: A completed application must be submitted to the following

address: Processing and Control Unit, Room 7255, Office of Community

Planning and Development, Department of Housing and Urban Development,

451 Seventh Street, SW., Washington, DC 20410, Attention: Homeless

Innovative Funding.

One copy of the application must also be sent to the HUD Field

Office serving the area in which the applicant's project is located. A

list of Field Offices appears in Appendix C to this NOFA. The Field

Office copy must be received by the application deadline as well, but a

determination that an application was received on time will be made

solely on receipt of the application at the Office of Community

Planning and Development in Headquarters, Washington, DC.

FOR FURTHER INFORMATION CONTACT: The HUD Field Office for the area in

which the proposed project is located. Telephone numbers are included

in the list of Field Offices set forth in Appendix C to this NOFA.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this NOFA have

been submitted, for expedited processing, to the Office of Management

and Budget (OMB) for review under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501-3520). No person may be subjected to a penalty for

failure to comply with these requirements until they have been approved

and assigned an OMB control number. The OMB control number, when

assigned, will be announced by separate notice in the Federal Register.

Any applicant that completes an application before the OMB control

number is assigned may have to modify that application in accordance

with changes in the application package that are requested by OMB and

agreed to by HUD.

Public reporting burden for the collection of information

requirements contained in this 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. Information on the estimated public

reporting burden is provided under the preamble heading, Other Matters.

Send comments regarding this burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden by January 30, 1995, 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.

I. Purpose and Substantive Description

(A) Authority

Innovative Project Funding is part of the Innovative Homeless

Initiatives Demonstration Program, which is authorized under section 2

of the HUD Demonstration Act of 1993 (Pub. L. 103-120, approved October

27, 1993).

(B) Purpose

The purpose of this NOFA is to fund innovative programs, within the

context of developing a continuum of care system, designed to provide

aggressive outreach to homeless persons, including persons with severe

mental illness and/or substance abuse problems, who are particularly

affected by adverse weather conditions because they are currently

living on the streets or in other places not designed for, or

ordinarily used as, regular sleeping accommodations for human beings.

The purpose of this NOFA is also to provide these persons with

intensive needs assessments; connect them with existing community

resources when available; and, if necessary, provide additional housing

and services. Therefore, the focus of this competition is aggressive

outreach and assistance to help homeless persons move as quickly as

possible from sidewalks, parks, cars, public transit facilities, and

similar places. Heavy emphasis is placed on coordinating existing

resources through the combined efforts of service and housing providers

in the community. Each innovative program must fill a gap within the

context of developing a continuum of care system in the jurisdiction.

A continuum of care system consists of four basic components:

(1) A system of outreach and assessment for determining the needs

and conditions of an individual or family who is homeless, or whether

assistance is necessary to prevent an individual from becoming

homeless;

(2) Emergency shelters with appropriate supportive services to help

ensure that homeless individuals and families receive adequate

emergency [[Page 4997]] shelter and referral to necessary service

providers or housing finders;

(3) Transitional housing with appropriate supportive services to

help those homeless individuals and families who are not prepared to

make the transition to permanent housing and independent living; and

(4) Permanent housing, or permanent supportive housing, to help

meet the long-term needs of homeless individuals and families.

Grant requests in response to this $25 million NOFA should only be

made for activities involving aggressive outreach and assistance to

homeless persons living on the streets or in other places not designed

for, or ordinarily used as, regular sleeping accommodations for human

beings. These are the homeless persons most affected by adverse weather

conditions. Grant requests to assist homeless families or individuals

in other circumstances should be submitted in response to a separate

$900 million NOFA the Department intends to issue in February.

(C) Funding Availability

This NOFA makes $25 million available for the Innovative Project

Funding. Grant requests may be for up to two years of funding. HUD

reserves the right to fund less than the full amount requested in any

application. Given the program's emphasis on coordination of resources

within communities, it is likely that HUD will fund requests which

reflect greater coordinative efforts of private nonprofit

organizations, governmental agencies, and other organizations who can

help provide resources to meet the needs of this most vulnerable

population of homeless persons in one application.

With this focus on connecting these homeless persons with a system

of community assistance, no renewals of grant awards made under this

NOFA are anticipated. Because there is only $25 million available for

this competition, the Department expects to fund requests ranging from

$100,000 to $1,000,000, and reserves the right to award no more than 20

percent of the funds ($5 million) in any State.

II. Application Process

(A) Applications will be reviewed and selected on the basis of the

following process.

(1) Review. Applications will be reviewed to ensure that they meet

the following:

(a) Applicant eligibility. The applicant must be a jurisdiction

(i.e., State, metropolitan city, urban county, unit of general local

government [including units in rural areas], or Indian tribe), or other

nonprofit organization operating within such jurisdiction.

Projects involving the participation of more than one jurisdiction

or more than one nonprofit organization, or a combination of

jurisdictions or nonprofit organizations are strongly encouraged.

However, of these participating jurisdictions and organizations, only

one entity may be identified as the actual applicant.

The terms ``State'', ``metropolitan city'', ``urban county'',

``unit of general local government'', and ``Indian tribe'' have the

meanings given such terms in section 102(a) of the Housing and

Community Development Act of 1974 (42 U.S.C. 5302).

The term ``nonprofit organization'' means an organization--

(i) No part of the net earnings of which inures to the benefit of

any member, founder, contributor, or individual;

(ii) That, in the case of a private nonprofit organization, has a

voluntary board;

(iii) That has an accounting system, or has designated a fiscal

agent in accordance with requirements established by the Secretary; and

(iv) That practices nondiscrimination in the provision of

assistance.

(b) Eligible population to be served. The population proposed to be

served must be homeless individuals or homeless families living in

places not designed for, or ordinarily used as, regular sleeping

accommodations, such as sidewalks, parks, cars and public

transportation facilities (hereafter referred to as persons living on

the streets).

The term ``homeless family'' means a group of one or more related

individuals who are homeless individuals.

(c) Eligible activities. The activities for which assistance is

requested may include activities needed to operate a program of

aggressive outreach to persons living on streets, intensive needs

assessments, and related activities. Up to 5 percent of the amount of

grant funds requested for these activities may be used for grant

administration expenses, such as the costs of audits and reports.

Applicants may not receive assistance to replace funds provided by

any State or local government to assist homeless persons.

(d) Fair housing and equal opportunity. Organizations that receive

assistance under this NOFA must be in compliance with applicable civil

rights laws and Executive Orders.

(e) Outstanding audit or monitoring findings. No organization that

receives assistance may have serious, unaddressed, outstanding audit or

monitoring findings that directly affect the proposed program.

(2) Selection criteria. Applications will be selected based on the

following criteria:

(a) HUD will award up to 40 points based on the extent to which the

program described in the application will achieve the purpose of this

NOFA, as demonstrated through:

(i) A coordinated plan, developed within the context of a continuum

of care system, for aggressive outreach to homeless persons living on

the streets, intensive needs assessments, and addressing housing and

service needs;

(ii) The marshaling of existing community resources to meet the

housing and service needs of these person; and

(iii) If necessary, the provision of additional housing and

services.

(b) HUD will award up to 30 points based on the extent to which the

applicant demonstrates the capacity to implement a program that

achieves the purpose of this NOFA, including the speed with which the

activities will become operational. The rating under this criterion

will also consider the Department's knowledge of the prior experience

of the applicant (and any organizations that will participate in

carrying out the program) in serving homeless persons and in carrying

out programs similar to those proposed in the application and the prior

performance of the applicant (and any organizations that will

participate in carrying out the program) with any HUD-administered

programs.

(c) HUD will award up to 30 points based on the jurisdiction's need

for homeless assistance, as calculated by HUD from generally available

data, and the extent to which the program described in the application

is innovative and may be replicated or may serve as a model for

implementation in other jurisdictions.

After scores have been assigned, the applications will be placed in

rank order. Whether an application is selected will depend on its

ranking compared to other applications, except that HUD reserves the

right to select lower rated applications if necessary to achieve

diversity by geography and community type.

III. Application Submission Requirements

(A) Instructions for Submitting Required Items

(1) Each submission requirement (listed as exhibits in Section (B)

below) [[Page 4998]] must be clearly identified (including the exhibit

subparts), and the application assembled in the order listed below.

After the entire application is assembled, applicants should:

(a) Mark each exhibit with an appropriately numbered tab; and

(b) Number every page of the application sequentially.

(2) All reviews will be based on the application submission.

(B) Application Submissions

All applications must include the following exhibits:

(1) Exhibit 1 consists of two documents that are printed in this

Federal Register as appendices to this NOFA. The documents may be

removed from the Federal Register or photocopied (do not re-type), and

signed by the official authorized to act on behalf of the applicant.

The two documents are:

(a) SF-424--Application for Federal Assistance (published as

Appendix A to this NOFA); and

(b) Applicant Certifications (published as Appendix B to this

NOFA).

(2) Exhibit 2. Provide on not more than one page the number of

persons in the jurisdiction who are living on the streets. Describe the

methodology used to obtain that number and the date(s) of relevant data

collection.

(3) Exhibit 3. On not more than five pages:

(a) Describe:

(i) A coordinated plan, including a description of each activity

for which funding is being requested, for aggressive outreach to

homeless persons living on the streets, intensive needs assessments,

connection to existing community resources and, if necessary, providing

additional housing and services; and

(ii) How this plan fits within the jurisdiction's current system

for reaching out and accommodating the housing and service needs of

these persons;

(b) In the format shown below, provide a chart with the total grant

amount requested for the activities described above and for grant

administration, with a breakdown of grant amount by activity. (The

request may not exceed two years of Innovative Project funding.) The

amount requested for grant administration may not exceed 5 percent of

the subtotal for all other activities;

------------------------------------------------------------------------

Amount

Activities requested

------------------------------------------------------------------------

1.......................................................... ...........

2.......................................................... ...........

3. etc..................................................... ...........

4. Activity Subtotal....................................... ...........

5. Grant Administration (no more than 5 percent of Activity

Subtotal)................................................. ...........

------------

6. Total Request........................................... ...........

------------------------------------------------------------------------

(c) Provide a time schedule for carrying out the activities, from

beginning to end, noting expected number of days from execution of the

grant agreement for achievement of significant milestones;

(d) Estimate the number of homeless persons to be assisted (with

Innovative Project funding) over the life of the project (i.e., up to

two years); and

(e) List the resources, if any, that will be contributed to the

project from States, local governments, and the private sector

(including nonprofit organizations, foundations, and communities), and

information on the status of any such resources that are essential to

the financial feasibility of the project.

(4) Exhibit 4. Describe on not more than two pages the relevant

past experience (e.g., conducting aggressive outreach) of the

organization(s) that will implement the proposed activities in carrying

out these types of activities.

(5) Exhibit 5. Describe on not more than three pages:

(a) The demonstrated willingness and capacity of the applicant and

other organizations involved in the project to work cooperatively with

all relevant entities to design and implement an innovative program for

helping homeless persons move from the streets; and

(b) The extent to which the existing systems, both public and

private, for homelessness assistance would benefit from additional

resources to implement a coordinated plan for aggressive outreach to

homeless persons living on the streets, and to carry out intensive

needs assessments.

(6) Exhibit 6. If changes in a jurisdiction's policy or procedure

are necessary to provide sufficient flexibility and resources to

implement and sustain the proposed activities, submit a statement of

commitment from the jurisdiction to make such changes.

(7) Exhibit 7. Applicants that are private nonprofit organizations

must submit:

(a) Documentation showing that the applicant is a certified United

Way member agency: or

(b) A copy of the organization's Internal Revenue Service (IRS)

ruling providing tax-exempt status under Section 501(c)(3) of the IRS

Code of 1986, as amended; and a certification on letterhead stationery

from the Executive Director of the organization stating that the

organization has a functioning accounting system that meets the

criteria listed below or that the organization has designated a

qualified entity (include the name and address in the documentation) to

maintain a functioning accounting system that meets the criteria below.

The certification must attest that the organization's accounting system

provides for the following:

(i) Accurate, current and complete disclosure of the financial

results of each federally-sponsored project;

(ii) Records that identify adequately the source and application of

funds for federally-sponsored activities;

(iii) Effective control over and accountability for all funds,

property and other assets;

(iv) Comparison of outlays with budget amounts;

(v) Written procedures to minimize the time elapsing between the

transfer of funds to the recipient from the U.S. Treasury and the use

of the funds for program purposes;

(vi) Written procedures for determining the reasonableness,

allocability and allowability of costs; and

(vii) Accounting records including cost accounting records that are

supported by source documentation.

(C) Clarification of Application Information

In accordance with the provisions of 24 CFR part 4, subpart B, HUD

may contact an applicant to seek clarification of an item in the

applicant's application, or to request additional or missing

information, but the clarification or the request for additional or

missing information shall not relate to items that would improve the

substantive quality of the application pertinent to the funding

decision.

(D) Environmental Review

Selection of an application for funding does not imply HUD approval

of any particular property for use in the project. HUD will complete an

environmental review with respect to particular properties, to the

extent required under 24 CFR part 50, at the time the recipient

proposes particular properties for use under the program. The recipient

may not commit HUD or local funds for acquisition, leasing or physical

development activities under the program until it receives HUD approval

of the property. [[Page 4999]]

IV. Reporting Requirements

Each grantee will be required to submit to HUD a progress report,

in a form prescribed by HUD, within 90 days after the completion of

each operating year or within 90 days after the project is completed if

the total project period is less than twelve months. Each report shall

describe the use of the grant funds and include a description and an

analysis of the project, the innovative approaches taken, and the level

of cooperation among participating parties.

V. Other Matters

The information collection requirements contained in this notice

have been submitted to the Office of Management and Budget under the

Paperwork Reduction Act of 1989 (44 U.S.C. 3501-3520). The Department

estimates the information collection burden hours as follows:

------------------------------------------------------------------------

Number of Frequency of Hours per Burden

respondents responses response hours

------------------------------------------------------------------------

Application

preparation...... 250 1 35 8,750

------------------------------------------------------------------------

Environmental Impact

A Finding of No Significant Impact with respect to the environment

was made in accordance with HUD regulations that implement section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

4332) at the time of development of the NOFA for FY 1994 for Innovative

Project Funding under the Innovative Homeless Initiatives Demonstration

Program. That Finding remains applicable to this FY 1995 NOFA, and is

available for public inspection during business hours in 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.

Federalism Executive Order

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that this NOFA

will not have substantial, direct effects on States, on their political

subdivisions, or on their relationship with the Federal Government, or

on the distribution of power and responsibilities between them and

other levels of government. Specifically, the purpose of the funding

under this NOFA is to provide grants to jurisdictions, or nonprofit

organizations operating within jurisdictions, for innovative approaches

toward providing a continuum of care system designed to assist homeless

persons and prevent homelessness.

Family Executive Order

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this document may have the

potential for significant beneficial impact on family formation,

maintenance, and general well-being to the extent that the activities

of grantees will provide housing to homeless persons. Since the impact

on the family is considered beneficial, no further review under the

Order is necessary.

Prohibition Against Lobbying Activities: The Byrd Amendment

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 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, and applicants for Federal commitments exceeding $150,000

must certify that no Federal funds have been or will be spent on

lobbying activities in connection with the assistance.

Indian Housing Authorities (IHAs) established by an Indian tribe as

a result of the exercise of the tribe's sovereign power are excluded

from coverage of the Byrd Amendment, but IHAs established under State

law are not excluded from the statute's coverage.

Prohibition Against Lobbying of HUD Personnel

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. HUD's regulation

implementing section 13 is codified at 24 CFR part 86. 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. Appendix A of this rule contains examples of

activities covered by this rule.

Any questions concerning 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. 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.

Prohibition Against Advance Disclosure of Funding Decisions

HUD's regulations implementing section 103 of the Department of

Housing and Urban Development Reform Act (HUD Reform Act) are codified

at 24 CFR part 4 and apply to the funding competition announced today.

The requirements of part 4 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 by 24 CFR part 4.

Applicants who have questions should contact the HUD Office of

Ethics [[Page 5000]] (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 Field Office Counsel, or Headquarters Counsel for the

program to which the question pertains.

Accountability in the Provision of HUD Assistance

HUD's regulation implementing section 102 of the HUD Reform Act is

codified at 24 CFR part 12. Section 102 contains a number of provisions

that are designed to ensure greater accountability and integrity in the

provision of certain types of assistance administered by HUD. On

January 16, 1992 (57 FR 1942), following publication of the final rule,

HUD published additional information that gave the public (including

applicants for, and recipients of, HUD assistance) further information

on the implementation, public access, and disclosure requirements of

section 102. The requirements of section 102 are applicable to

assistance awarded under this NOFA.

a. Document and Public Access Requirements

HUD will ensure 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

Federal Register notice of all recipients of HUD assistance awarded on

a competitive basis. (See 24 CFR 12.14(a) and 12.6(b), and the notice

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

further information on these requirements.

b. 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

part 15, subpart C, and the notice published in the Federal Register on

January 16, 1993 (57 FR 1942) for further information on these

disclosure requirements.

Dated: January 18, 1995.

Andrew Cuomo,

Assistant Secretary for Community Planning and Development.

BILLING CODE 4210-29-P

[[Page 5001]]

[GRAPHIC][TIFF OMITTED]TN25JA95.013

[[Page 5002]]

[GRAPHIC][TIFF OMITTED]TN25JA95.014

[[Page 5003]]

[GRAPHIC][TIFF OMITTED]TN25JA95.015

BILLING CODE 4210-29-C [[Page 5004]]

Appendix B--Applicant Certifications

The Applicant hereby assures and certifies that:

1. It will comply with:

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

regulations pursuant thereto (Title 24 CFR part I), which state that no

person in the United States shall, on the ground of race, color or

national origin, be excluded from participation in, be denied the

benefits of, or be otherwise subjected to discrimination under any

program or activity for which the applicant receives financial

assistance, and will immediately take any measures necessary to

effectuate this agreement. With reference to the real property and

structure(s) thereon which are provided or improved with the aid of

Federal financial assistance extended to the applicant, this assurance

shall obligate the applicant, or in the case of any transfer, the

transferee, for the period during which the real property and

structure(s) are used for a purpose for which the Federal financial

assistance is extended or for another purpose involving the provision

of similar services or benefits.

b. The Fair Housing Act (42 U.S.C. 3601-19) and the implementing

regulations at 24 CFR part 100, which prohibit discrimination in

housing on the basis of race, color, religion, sex, handicap, familial

status or national origin, and administer its programs and activities

relating to housing in a manner to affirmatively further fair housing.

For Indian tribes, it will comply with the Indian Civil Rights Act (25

U.S.C. 1301 et seq.), instead of Title VI and the Fair Housing Act and

their implementing regulations.

c. Executive Order 11063 on Equal Opportunity in Housing, as

amended by Executive Order 12892 (59 FR 2939) and the implementing

regulations at 24 CFR part 107 which prohibit discrimination because of

race, color, creed, sex or national origin in housing and related

facilities provided with Federal financial assistance.

d. Executive Order 11246 on Equal Opportunity in Employment (3 CFR

1964-1965, Comp., p. 339) and the implementing regulations at 41 CFR

part 61, which state that no person shall be discriminated against on

the basis of race, color, religion, sex or national origin in all

phases of employment during the performance of Federal contracts and

shall take affirmative action to ensure equal employment opportunity.

The applicant will incorporate, or cause to be incorporated, into any

contract for construction work as defined in Section 130.5 of HUD

regulations the equal opportunity clause required by Section 130.15(b)

of the HUD regulations.

e. Section 3 of the Housing and Urban Development Act of 1968, as

amended (12 U.S.C. 1701(u)), and the implementing regulations at 24 CFR

part 135), which require that to the greatest extent feasible,

employment, training and contract opportunities arising in connection

with the expenditure of HUD assistance covered by section 3 be given to

low-income and very low-income persons and the business concerns

identified in the part 135 regulations.

f. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),

as amended, and the implementing regulations at 24 CFR part 8, which

prohibit discrimination based on handicap in Federally-assisted and

conducted programs and activities.

g. The Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as

amended, and the implementing regulations at 24 CFR part 146, which

prohibit discrimination because of age in projects and activities

receiving Federal financial assistance.

h. Executive Orders 11625, 12432, and 12138, which state that

program participants shall take affirmative action to encourage

participation by businesses owned and operated by members of minority

groups and women.

If persons of any particular race, color, religion, sex, age,

national origin, familial status, or handicap who may qualify for

assistance are unlikely to be reached, it will establish additional

procedures to ensure that interested persons can obtain information

concerning the assistance.

i. The reasonable modification and accommodation requirements of

the Fair Housing Act and, as appropriate, the accessibility

requirements of the Fair Housing Act and section 504 of the

Rehabilitation Act of 1973, as amended.

2. It will provide drug-free workplaces in accordance with the

Drug-Free Workplace Act of 1988 (41 U.S.C. 701) by:

a. Publishing a statement notifying employees that the unlawful

manufacture, distribution, dispensing, possession, or use of a

controlled substance is prohibited in the grantee's workplace and

specifying the actions that will be taken against employees for

violation of such prohibition;

b. Establishing an ongoing drug-free awareness program to inform

employees about--

(1) the dangers of drug abuse in the workplace;

(2) the grantee's policy of maintaining a drug-free workplace;

(3) any available drug counseling, rehabilitation, and employee

assistance programs; and

(4) the penalties that may be imposed upon employees for drug abuse

violations occurring in the workplace;

c. Making it a requirement that each employee to be engaged in the

performance of the grant be given a copy of the statement required by

paragraph a;

d. Notifying the employee in the statement required by paragraph a

that, as a condition of employment under the grant, the employee will--

(1) abide by the terms of the statement; and

(2) notify the employer in writing of his or her conviction for a

violation of a criminal drug statute occurring in the workplace no

later than five calendar days after such conviction;

e. Notifying the agency in writing, within ten calendar days after

receiving notice under subparagraph d(2) from an employee or otherwise

receiving actual notice of such conviction. Employers of convicted

employees must provide notice, including position title, to every grant

officer or other designee on whose grant activity the convicted

employee was working, unless the Federal agency has designated a

central point for the receipt of such notices. Notice shall include the

identification number(s) of each affected grant;

f. Taking one of the following actions, within 30 calendar days of

receiving notice under subparagraph d(2), with respect to any employee

who is so convicted--

(1) taking appropriate personnel action against such an employee,

up to and including termination, consistent with the requirements of

the Rehabilitation Act of 1973, as amended; or

(2) requiring such employee to participate satisfactorily in a drug

abuse assistance or rehabilitation program approved for such purposes

by a Federal, State, or local health, law enforcement, or other

appropriate agency;

g. Making a good faith effort to continue to maintain a drug-free

workplace through implementation of paragraphs a, b, c, d, e and f;

h. Providing the street address, city, county, state, and zip code

for the site or sites where the performance of work in connection with

the grant will take place. For some applicants who have functions

carried out by employees in several departments or offices, more than

one location may need to be specified. It is further recognized that

States and other applicants who become grantees may add or change sites

as a [[Page 5005]] result of changes to program activities during the

course of grant-funded activities. Grantees, in such cases, are

required to advise the HUD Field Office by submitting a revised ``Place

of Performance'' form. The period covered by the certification extends

until all funds under the specific grant have been expended.

3. It will comply with the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970, as amended, and the

implementing regulations at 49 CFR part 24.

4. It will comply with the requirements of the Lead-Based Paint

Poisoning Prevention Act, 42 U.S.C. 4821-4846, and implementing

regulations at 24 CFR part 35.

5. It will (i) not enter into a contract for, or otherwise commit

HUD or local funds for, acquisition, rehabilitation, conversion, lease,

repair, or construction of property to provide housing under the

program, prior to HUD's completion of an environmental review in

accordance with 24 CFR part 50 and HUD's approval of the application;

(ii) supply HUD with information necessary for HUD to perform any

applicable environmental review when requested; and (iii) carry out

mitigating measures required by HUD or ensure that alternate sites are

utilized.

6. The applicant certifies that:

a. No Federally appropriated funds have been paid or will be paid,

by or on behalf of the undersigned, to any person for influencing or

attempting to influence an officer or employee of any agency, a Member

of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal

contract, the making of any Federal grant, the making of any Federal

loan, the entering into of any cooperative agreement, and the

extension, continuation, renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federally appropriated funds have been

paid or will be paid to any person for influencing or attempting to

influence an officer or employee of any agency, a Member of Congress,

an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or

cooperative agreement, the undersigned shall complete and submit

Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in

accordance with its instructions.

c. The language of this certification shall be included in the

award documents for all subawards at all tiers (including subcontracts,

subgrants, and contracts under grants, loans, and cooperative

agreements) and that all subrecipients shall certify and disclose

accordingly.

This certification is a material representation of fact upon which

reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or

entering into this transaction imposed by section 1352, title 31, U.S.

Code. Any person who fails to file the required certification shall be

subject to a civil penalty of not less than $10,000 and of more than

$100,000 for each such failure.

7. For private nonprofit applicants, the applicant certifies that

members of its Board of Directors serve in a voluntary capacity and

receive no compensation, other than reimbursement for expenses, for

their services.

8. The applicant certifies that it and its principals (see 24 CFR

24.105(p)):

a. Are not presently debarred, suspended, proposed for debarment,

declared ineligible, or voluntarily excluded from covered transactions

(see 24 CFR 24.110) by any Federal department or agency;

b. Have not within a three-year period preceding this proposal been

convicted of or had a civil judgment rendered against them for

commission of embezzlement, theft, forgery, bribery, falsification or

destruction of records, making false statements, or receiving stolen

property;

c. Are not presently indicted for or otherwise criminally or

civilly charged by a governmental entity (Federal, State or local) with

commission of any of the offenses enumerated in (b) of this

certification; and

d. Have not within a three-year period preceding this application/

proposal had one or more public transactions (Federal, State or local)

terminated for cause or default.

Where the applicant is unable to certify to any of the statements

in this certification, the applicant shall attach an explanation behind

this page.

Signature of Authorized Certifying Official:

----------------------------------------------------------------------

Title:

----------------------------------------------------------------------

Applicant: Date:

Appendix C--HUD Field Offices

Telephone numbers for Telecommunications Devices for the Deaf (TDD

machines) are listed for field offices; all HUD numbers, including

those noted *, may be reached via TDD by dialing the Federal

Information Relay Service on 1-800-877-TDDY or (1-800-877-8339) or

(202) 708-9300.

Alabama

John D. Harmon, Beacon Ridge Tower, 600 Beacon Pkwy. West, Suite 300,

Birmingham, AL 35209-3144; (205) 290-7645; TDD (205) 290-7624.

Alaska

Dean Zinck, 949 E. 36th Avenue, Suite 401, Anchorage, AK 99508-4399;

(907) 271-3669; TDD (907) 271-4328.

Arizona

Lou Kislin, 400 N. 5th St., Suite 1600, Arizona Center, Phoenix AZ

85004; (602) 379-4754; TDD (602) 379-4461.

Arkansas

Billy M. Parsley, TCBY Tower, 425 West Capitol Ave., Suite 900, Little

Rock, AR 72201-3488; (501) 324-6375; TDD (501) 324-5931.

California

(Southern) Herbert L. Roberts, 1615 W. Olympic Blvd., Los Angeles, CA

90015-3801; (213) 251-7235; TDD (213) 251-7038.

(Northern) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003, San

Francisco, CA 94102-3448; (415) 556-5576; TDD (415) 556-8357.

Colorado

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

Connecticut

Daniel Kolesar, 330 Main St., Hartford, CT 06106-1860; (203) 240-4508;

TDD (203) 240-4522.

Delaware

John Kane, Liberty Sq. Bldg., 105 S. 7th St., Philadelphia, PA 19106-

3392; (215) 597-2665; TDD (215) 597-5564.

District of Columbia

James H. McDaniel, 820 First St., NE, Washington, DC (and MD and VA

suburbs) 20002; (202) 275-0994; TDD (202) 275-0772.

Florida

James N. Nichol, 301 West Bay St., Suite 2200, Jacksonville, FL 32202-

5121; (904) 232-3587; TDD (904) 791-1241.

Miami-So. Dade

Richard P. Garrabrant, South Dade County Government Annex, Room 1400,

10710 SW 211 Street, Miami, FL 33189; (303) 238-2851. [[Page 5006]]

Georgia

John Perry, Russell Fed. Bldg., Room 688, 75 Spring St., SW, Atlanta,

GA 30303-3388; (404) 331-5139; TDD (404) 730-2654.

Hawaii (and Pacific)

Patti A. Nicholas, 7 Waterfront Plaza, Suite 500, 500 Ala Moana Blvd.,

Honolulu, HI 96813-4918; (808) 522-8180; TDD (808) 541-1356.

Idaho

John G. Bonham, 520 SW 6th Ave., Portland, OR 97204-1596 (503) 326-

7018; TDD * via 1-800-877-8339.

Illinois

Jim Barnes, 77 W. Jackson Blvd., Chicago, IL 60604-3507; (312) 353-

1696; TDD (312) 353-7143.

Indiana

Robert F. Poffenberger, 151 N. Delaware St., Indianapolis, IN 46204-

2526; (317) 226-5169; TDD * via 1-800-877-8339.

Iowa

Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road,

Omaha, NE 68154-3955; (402) 492-3144; TDD (402) 492-3183.

Kansas

William Rotert, Gateway Towers 2, 400 State Ave., Kansas City, KS

66101-2406; (913) 551-5484; TDD (913) 551-6972.

Kentucky

Ben Cook, P.O. Box 1044, 601 W. Broadway, Louisville, KY 40201-1044;

(502) 582-5394; TDD (502) 582-5139.

Louisiana

Greg Hamilton, P.O. Box 70288, 1661 Canal St., New Orleans, LA 70112-

2887; (504) 589-7212; TDD (504) 589-7237.

Maine

David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,

NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.

Maryland

Harold Young, 10 South Howard Street, 5th Floor, Baltimore, MD 21202-

0000; (410) 962-2520 x3116; TDD (410) 962-0106.

Massachusetts

Frank Del Vecchio, Thomas P. O'Neill, Jr., Fed. Bldg., 10 Causeway St.,

Boston, MA 02222-1092; (617) 565-5342; TDD (617) 565-5453.

Michigan

Richard Paul, Patrick McNamara Bldg., 477 Michigan Ave., Detroit, MI

48226-2592; (313) 226-4343; TDD * via 1-800-877-8339.

Minnesota

Shawn Huckleby, 220 2nd St. South, Minneapolis, MN 55401-2195; (612)

370-3019; TDD (612) 370-3186.

Mississippi

Jeanie E. Smith, Dr. A. H. McCoy Fed. Bldg., 100 W. Capitol St., Room

910, Jackson, MS 39269-1096; (601) 965-4765; TDD (601) 965-4171.

Missouri

(Eastern) David H. Long, 1222 Spruce St., St. Louis, MO 63103-2836;

(314) 539-6524; TDD (314) 539-6331.

(Western) William Rotert, Gateway Towers 2, 400 State Ave., Kansas

City, KS 66101-2406; (913) 551-5484; TDD (913) 551-6972.

Montana

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

Nebraska

Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road,

Omaha, NE 68154-3955; (402) 492-3144; TDD (402) 492-3183.

Nevada

(Las Vegas, Clark Cnty) Lou Kislin, 400 N. 5th St., Suite 1600, 2

Arizona Center, Phoenix, AZ 85004; (602) 379-4754; TDD (602) 379-4461.

(Remainder of State) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003,

San Francisco, CA 94102-3448; (415) 556-5576; TDD (415) 556-8357.

New Hampshire

David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,

NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.

New Jersey

Frank Sagarese, 1 Newark Center, Newark, NJ 07102; (201) 622-7900; TDD

(201) 645-3298.

New Mexico

Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth, TX 76113-

2905; (817) 885-5483; TDD (817) 885-5447.

New York

(Upstate) Michael F. Merrill, Lafayette Ct., 465 Main St., Buffalo, NY

14203-1780; (716) 846-5768; TDD * via 1-800-877-8339.

(Downstate) Jack Johnson, 26 Federal Plaza, New York, NY 10278-0068;

(212) 264-2885; TDD (212) 264-0927.

North Carolina

Charles T. Ferebee, Koger Building, 2306 West Meadowview Road,

Greensboro, NC 27407; (910) 547-4005; TDD (910) 547-4055.

North Dakota

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

Ohio

Jack E. Riordan, 200 North High St., Columbus, OH 43215-2499; (614)

469-6743; TDD (614) 469-6694.

Oklahoma

Ted Allen, Murrah Fed. Bldg., 200 NW 5th St., Oklahoma City, OK 73102-

3202; (405) 231-4973; TDD (405) 231-4181.

Oregon

John G. Bonham, 520 SW 6th Ave., Portland, OR 97204-1596 (503) 326-

7018; TDD * via 1-800-877-8339.

Pennsylvania

(Western) Bruce Crawford, Old Post Office and Courthouse Bldg., 700

Grant St., Pittsburgh, PA 15219-1906; (412) 644-5493; TDD (412) 644-

5747.

(Eastern) Joyce Gaskins, Liberty Sq. Bldg., 105 S. 7th St.,

Philadelphia, PA 19106-3392; (215) 597-2665; TDD (215) 597-5564.

Puerto Rico (and Caribbean)

Carmen R. Cabrera, 159 Carlos Chardon Ave., San Juan, PR 00918-1804;

(809) 766-5576; TDD (809) 766-5909.

Rhode Island

Frank Del Vecchio, Thomas P. O'Neill, Jr., Fed. Bldg., 10 Causeway St.,

Boston, MA 02222-1092; (617) 565-5342; TDD (617) 565-5453.

South Carolina

Louis E. Bradley, Fed. Bldg., 1835-45 Assembly St., Columbia, SC 29201-

2480; (803) 765-5564; TDD * via 1-800-877-8339.

South Dakota

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

Tennessee

Virginia Peck, 710 Locust St., Knoxville, TN 37902-2526; (615) 545-

4396; TDD (615) 545-4559. [[Page 5007]]

Texas

(Northern) Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth,

TX 76113-2905; (817) 885-5483; TDD (817) 885-5447.

(Southern) John T. Maldonado, Washington Sq., 800 Dolorosa, San

Antonio, TX 78207-4563; (210) 229-6820; TDD (210) 229-6885.

Utah

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

Vermont

David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,

NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.

Virginia

Joseph Aversano, 3600 W. Broad St., P.O. Box 90331, Richmond, VA 23230-

0331; (804) 278-4503; TDD (804) 278-4501.

Washington

John Peters, Federal Office Bldg., 909 First Ave., Suite 200, Seattle,

WA 98104-1000; (206) 220-5150; TDD (206) 220-5185.

West Virginia

Bruce Crawford, Old Post Office & Courthouse Bldg., 700 Grant St.,

Pittsburgh, PA 15219-1906; (412) 644-5493; TDD (412) 644-5747.

Wisconsin

Lana J. Vacha, Henry Reuss Fed. Plaza, 310 W. Wisconsin Ave., Ste.

1380, Milwaukee, WI 53203-2289; (414) 297-3113; TDD * via 1-800-877-

8339.

Wyoming

Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO

80202-3607; (303) 672-5414; TDD (303) 672-5248.

[FR Doc. 95-1793 Filed 1-24-95; 8:45 am]

BILLING CODE 4210-29-P