Office of the Assistant Secretary for Public and Indian Housing; Public and Indian Housing Drug Elimination Technical Assistance Program, Notice of Funding AvailabilityFY 1996

SUMMARY: This notice announces the FY 1996 availability of $1.5 million

under the Public and Indian Housing Drug Elimination Technical

Assistance Program. The purpose of this program is to provide short-

term technical assistance to public housing agencies (PHAs), Indian

housing authorities (IHAs), resident management corporations (RMCs),

and incorporated resident councils (RCs) that are combating drug-

related crime and abuse of controlled substances in public and Indian

housing communities. These funds reimburse consultants who provide

expert advice and work with housing authorities or resident councils to

assist them in gaining skills and training to eliminate drug abuse and

related problems from public housing communities. This document

describes the purpose of the NOFA, applicant eligibility, selection

criteria, eligible and ineligible activities, application processing,

consultant eligibility, and consultant application processing. This

NOFA announces several new requirements for both consultants and

applicants. Both consultants and applicants are encouraged to read this

NOFA carefully and note all changes to the program before completing an

application for assistance.

DATES: This NOFA is effective June 25, 1996. Technical assistance

applications and consultant application kits may be immediately

submitted to the address specified in the application kit. Applications

may be submitted anytime, up to August 16, 1996. Technical assistance

applications will be reviewed on a continuing basis until August 16,

1996, or until funds available under this NOFA are expended. There is

no application deadline for consultants.

ADDRESSES: (a) An application kit may be obtained from the local HUD

Field Office with jurisdiction or by calling HUD's Drug Information and

Strategy Clearinghouse at (800) 578-3472; or for hearing- or speech-

impaired persons (202) 708-0850 (TTY). (The TTY number is not a toll-

free number.) The application kit contains information on all exhibits

and requirements of this NOFA.

(b) An applicant must submit the application to the address

specified in the application kit.

(c) In addition, applicants must simultaneously forward a copy of

these documents to the HUD Field Office (FO) or Office of Native

American Programs (ONAP) with jurisdiction over the relevant housing

authority. HUD might not consider the application until the appropriate

FO or ONAP has confirmed receipt with the appropriate office in

Washington, DC. This copy must be addressed to Director, Public Housing

Division, or Administrator, Office of Native American Programs, as

appropriate.

FOR FURTHER INFORMATION CONTACT: For questions regarding the Public

Housing Drug Elimination program contact Elizabeth Cocke, Crime

Prevention and Security Division (CPSD), Office of Community Relations

and Involvement (OCRI), Room 4112, telephone (202) 708-1197. For

questions regarding the Native American program contact Tracy Outlaw,

Office of Native American Programs (ONAP), Room B133, telephone (202)

755-0088.

The address for the above persons is: Department of Housing and

Urban Development, 451 Seventh Street, SW, Washington, D.C. 20410.

Hearing- and speech-impaired persons may access the telephone numbers

via TTY by calling the Federal Information Relay Service at 1-800-877-

8339. (With the exception of the ``800'' number, these are not toll-

free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this Notice

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

temporary extension of the control number, in accordance with the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). A notice

requesting public comment on this extension was published in the

Federal Register on June 6, 1996 (61 FR 28886). An agency may not

conduct or sponsor, and a person is not required to respond to, a

collection of information unless the collection displays a valid

control number. The OMB control number, when assigned, will be

announced by separate notice in the Federal Register.

I. Purpose and Substantive Description

(a) Purpose

The TA program is intended to provide immediate, short-term (90

days for completion) training, recommendations, and assistance to

assess needs, train staff and residents, identify and design

appropriate strategies to eliminate drugs and drug-related crime, and

generally prepare and educate public housing and resident organization

staff and residents to address problems related to crime and the abuse

of controlled substances in public housing communities. HUD encourages

housing authorities and eligible resident organizations with or without

a drug elimination grant in their communities to use this resource.

Technical assistance is not intended for program implementation, the

financial support of existing programs, or programs requiring more than

30 billable days of technical assistance over a 90 day period.

(b) Allocation Amounts

The Omnibus Consolidated Rescissions and Appropriations Act of 1996

(Pub. L. 104-134, approved April 26, 1996) (OCRA) appropriated $290

million in FY 1996 funds for HUD's low-income housing drug elimination

programs. Of this amount, OCRA set aside $10 million for ``grants,

technical assistance, contracts and other assistance training, program

assessment and execution for or on behalf of public housing agencies

and resident organizations.'' This NOFA makes $1.5 million out of this

$10 million available under the Public and Indian Housing Drug

Elimination Technical Assistance program. Applications received from

HAs and qualified RCs, ROs, and RMCs are eligible for a maximum amount

of TA no greater than approximately $15,000. NOTE: The average amount

of TA provided any one application in this program has been

approximately $10,000. The amount of $15,000 is a maximum funding

ceiling and is not guaranteed. Only HUD-initiated TA is eligible for a

maximum of $25,000. NOTE: The TA program reserves the $25,000 maximum

for instances where HUD determines the circumstances to require levels

of assistance greater than $15,000.

(c) Eligibility

The following is a listing of eligible applicants, eligible

consultants, eligible activities, ineligible activities, and general

program requirements under this NOFA.

[[Page 32903]]

(1) Eligible Applicants

(i) Public housing agencies (PHAs), Indian housing authorities

(IHAs), incorporated resident councils (RCs), resident organizations

(ROs) in the case of IHAs, and resident management corporations (RMCs)

are eligible to receive short-term technical assistance services under

this NOFA.

(ii) An eligible RC or RO must be an incorporated nonprofit

organization or association that meets each of the following

requirements:

(A) It must be representative of the residents it purports to

represent.

(B) It may represent residents in more than one development or in

all of the developments of a PHA or IHA, but it must fairly represent

residents from each development that it represents.

(C) It must adopt written procedures providing for the election of

specific officers on a regular basis (but at least once every three

years).

(D) It must have a democratically elected governing board. The

voting membership of the board must consist of residents of the

development or developments that the resident organization or resident

council represents.

(iii) An eligible RMC must be an entity that proposes to enter

into, or that enters into, a management contract with a PHA under 24

CFR part 964, or a management contract with an IHA. An RMC must have

each of the following characteristics:

(A) It must be a nonprofit organization that is incorporated under

the laws of the State or Indian tribe in which it is located.

(B) It may be established by more than one resident organization or

resident council, so long as each such organization or council:

(1) Approves the establishment of the corporation; and

(2) Has representation on the Board of Directors of the

corporation.

(C) It must have an elected Board of Directors.

(D) Its by-laws must require the Board of Directors to include

representatives of each resident organization or resident council

involved in establishing the corporation.

(E) Its voting members must be residents of the development or

developments it manages.

(F) It must be approved by the resident council. If there is no

council, a majority of the households of the development must approve

the establishment of such an organization to determine the feasibility

of establishing a corporation to manage the development.

(G) It may serve as both the resident management corporation and

the resident council, so long as the corporation meets the requirements

of 24 CFR part 964 for a resident council. (In the case of a resident

management corporation for an Indian Housing Authority, it may serve as

both the RMC and the RO, so long as the corporation meets the

requirements of this NOFA for a resident organization.)

(iv) Applicants are eligible to apply to receive technical

assistance if they are already receiving technical assistance under

this program, as long as the request creates no scheduling conflict

with other TA requests from the same applicant.

(v) Applicants are eligible to apply to receive technical

assistance whether or not they are already receiving drug elimination

funds under the Public and Indian Housing Drug Elimination Program.

(vi)(A) In circumstances determined by HUD to be crime and drug-

related and to require immediate attention because of drug and crime

issues, eligible parties may receive technical assistance initiated and

approved by HUD. These circumstances may include, for example:

(1) HAs unsuccessful in gaining Drug Elimination or Youth Sports

Program grants;

(2) Applicants which have a demonstrated inability to explain their

local drug or crime circumstances;

(3) Applicants with a demonstrated inability to identify or develop

potential solutions to their local drug or crime problem;

(4) Applicants unable to develop local anti-drug, anti-crime

partnerships;

(5) The need for training;

(6) Pervasive drug-related violence; and

(7) Disputes among tenants and disputes between tenants and

management that are related to these issues.

(B) In instances of HUD-initiated TA, HUD staff requesting the TA

will be required to explain the situation of the targeted housing

authority or qualified resident council in terms of the three selection

criteria outlined in section I.(d) of this NOFA which will be

documented in the file, and used to choose a consultant and design and

target the TA.

(vii) The applicant must have substantially complied with the laws,

regulations, and Executive Orders applicable to the Drug Elimination TA

Program, including applicable civil rights laws. Noncompliance may be

evidenced by:

(A) An outstanding finding of civil rights noncompliance, unless

the applicant demonstrates that it is operating in compliance with a

HUD-approved compliance agreement designed to correct the area(s) of

noncompliance;

(B) An adjudication of a civil rights violation in a civil action

brought against it by a private individual, unless the applicant

demonstrates that it is operating in compliance with a court order

designed to correct the area(s) of noncompliance;

(C) A deferral of Federal funding based upon civil rights

violations; (D) A pending civil rights suit brought against it by the

Department of Justice; or

(E) An unresolved charge of discrimination issued against it by the

Secretary under section 810(g) of the Fair Housing Act, as implemented

by 24 CFR 103.400.

(2) Eligible Consultants

Consultants who want to provide short-term technical assistance

services under this NOFA must be listed in the Consultant Database

approved by HUD's Crime Prevention and Security Division (CPSD). To be

included in that database, consultants must complete, in accordance

with the requirements of section I.(c)(2)(ii), below, of this NOFA, a

consultant application packet available from the Drug Information and

Strategy Clearinghouse at (800) 578-3472, or (202) 708-0850 (TTY), and

submit the packet to the address specified in the application kit. (The

TTY number is not a toll-free number.)

(i) Consultant eligibility. HUD is seeking individuals or entities

who have experience working with public or Indian housing or other low-

income populations to provide short-term technical assistance under

this NOFA. Consultants who have previously been deemed eligible and are

part of the TA Consultant Database need not reapply, but they are

encouraged to update their file with more recent experience and rate

justification. To qualify as eligible consultants, individuals or

entities should have experience in one or more of the following general

areas:

(A) PHA/IHA-related experience with:

(1) Agency organization and management;

(2) Facility operations;

(3) Program development; and

(4) Experience working with residents and community organizations.

(B) Anti-crime- and anti-drug related experience with:

(1) Prevention/intervention programs;

(2) Enforcement strategies; and

(3) Alternative programs.

(C) Experience as an independent consultant, or as a consultant

working

[[Page 32904]]

with a firm with related experience and understanding of on-site work

requirements, contractual, reporting and billing requirements.

(D) HUD is especially interested in encouraging TA consultant

applications from persons who are qualified in the following

professional areas:

(1) Lease, screening and grievance procedures;

(2) Defensible space, security and environmental design;

(3) Parenting, peer support groups and youth leadership;

(4) Career planning, job training, tutoring and entrepreneurship;

(5) Community policing, neighborhood watch and anti-gang work; and

(6) Resident organizing, involvement, and relations with

management.

(E) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs,

incorporated resident councils and resident organizations, and public

and Indian housing residents, with experience in the above areas, to

submit a consultant application for eligibility under this NOFA.

Eligible consultants will be entered into the Consultant Database for

possible recommendation to technical assistance applicants.

(ii) Applying to be a consultant. Individuals or entities

interested in being listed in the TA Consultant Database should prepare

their applications and send them to the address specified in the

application kit. Before they can be entered into the Consultant

Database, consultants must submit an application that includes the

following information:

(A) The Consultant Resource Inventory Questionnaire, including at

least three written references, all related to the general areas listed

above in sections I. (c)(2)(A)-(C). One or two of the written

references must relate to work for a public or Indian housing

authority, RC, RO or RMC;

(B) A resume;

(C) Evidence submitted by the consultant to HUD that documents the

standard daily fee previously paid to the consultant for technical

assistance services similar to those requested under this NOFA.

(1) For consultants who can justify up to the equivalent of ES-IV

per day, this evidence may include an accountant's statement, W-2 Wage

Statements, or payment statements, and it should be supplemented with a

signed statement or other evidence from the employer of days worked in

the course of the particular project (for a payment statement) or the

tax year (for a W-2 Statement).

(2) For consultants who can justify above the equivalent of ES-IV

per day, there must be three forms of documentation of the daily rate:

(i) A previous invoice and payment statement showing the daily rate

charged and paid, or the overall amount paid and the number of days for

work of a similar nature to that offered in this TA program;

(ii) A certified accountant's statement outlining the daily rate

with an explanation of how the rate was calculated by the accountant.

This should include at a minimum the total number of jobs of a similar

nature completed by the consultant in the past 12 months, an

explanation of the specific jobs used to calculate the rate, and the

daily rates for each of the jobs used to justify the rate; and

(iii) A signed statement from the consultant that the certified

daily rate was charged for work of a nature similar to that being

provided for the Drug Elimination Technical Assistance Program. The

accountant must be able to demonstrate independence from the

consultant's business.

(iii) Working and billing in the TA program. No one individual may

have active at one time any more than three contracts or purchase

orders. If an individual is working as a member of a multi-person firm,

the key individual for the specific contract must be listed on the

contract as the key point of contact. The key point of contact must be

on-site more hours than any other contracted staff billing to the

purchase order, and that individual may have no more than three

purchase orders active at the same time.

(iv) Consultant payment. HUD will determine a specific fee to pay a

consultant under this NOFA based upon the evidence submitted in section

I(c)(2)(ii)(C), above, of this NOFA.

(v) Conflicts of interest. In addition to the conflict of interest

requirements in 24 CFR part 85:

(A) No person who is an employee, agent, officer, or appointed

official of the applicant may be funded as a consultant to the

applicant by this Drug Elimination Technical Assistance Program.

(B) Consultants who wish to provide drug elimination technical

assistance services through this program may not have any involvement

in the preparation or submission of the TA proposal that requests their

services. Any involvement of the consultant will be considered a

conflict of interest, which makes the consultant ineligible for

providing consulting services to the applicant and could disqualify the

consultant from future consideration. This prohibition includes the

preparation and distribution of prepared generic or sample

applications, if HUD determines that any application by a HA, RC, RO or

RMC duplicates a sufficient amount of any prepared sample to raise

issues of possible conflict of interest.

(C) Consultants may no longer be requested by name in any

application. HUD will recommend consultants considering at least three

elements including previous experience, proximity and cost. Section

I.(e)(2)(ii) of this NOFA explains this further.

(3) Eligible Activities

To assist the eligible applicants identified in section I.(c)(1),

above, of this NOFA, in responding immediately to drug-related problems

in public and Indian housing developments, HUD has supplemented the

Public and Indian Housing Drug Elimination Program (PHDEP) and Youth

Sports Program (YSP) with funds for short-term technical assistance.

Short-term technical assistance means that consultants shall only be

reimbursed for a maximum of 30 days of work, which must be completed in

less than 90 days from the date of the approved statement of work. The

TA program is intended to provide short-term, immediate assistance to

PHAs, IHAs, RMCs, RCs, and ROs in developing and/or implementing their

strategies to eliminate drugs and drug-related crime. The program will

fund the use of consultants who can provide the necessary consultation

and/or training for the types of activities outlined below. HUD will

fund the use of consultants who will assist the applicant in

undertaking a task such as program planning and development for future

strategies to eliminate drugs and drug-related crime, or conducting a

needs assessment or survey. The TA program also funds efforts in:

(i) Assessing drug problems in public or Indian housing

development(s) and surrounding community(ies);

(ii) Designing and identifying appropriate anti-crime- and anti-

drug-related practices and programs in the following areas:

(A) Law enforcement strategies, including negotiating with the

local police, working with Federal law enforcement, Operation Safe

Home, Weed and Seed, and other federal anti-crime efforts;

(B) Resident involvement in all aspects of the local anti-drug,

anti-crime activities;

(C) Youth initiatives;

(D) Resident Patrols;

(E) Security and physical design;

[[Page 32905]]

(F) Community organization and leadership development; and

(G) Other areas that meet the purposes of eliminating drugs and

drug-related crime described in this NOFA, as determined by HUD.

(iii) Training for housing authority staff and residents in anti-

crime and anti-drug practices, programs, and management;

(iv) Improving overall agency management, operations, and

programming so that the applicant can more effectively respond to crime

and drug problems in the targeted public housing development(s).

(4) Ineligible Activities

(i) Funding is not permitted for any type of monetary compensation

for residents unless the residents are listed in the TA Consultant

Database and are working as consultants.

(ii) Funding is not permitted for any activity that is funded under

any other HUD program; including TA and training for the incorporation

of resident councils or RMCs, and other management activities.

(iii) Funding is not permitted for salary or fees to the staff of

the applicant, or former staff of the applicant within a year of his or

her leaving the housing authority or resident organization.

(iv) Funding is not permitted for underwriting conferences.

(v) Funding is not permitted for conference speakers unless the

speaker will also be providing additional TA as outlined in the

eligible activities in sections I.(c)(3)(i)-(iv), above, of this NOFA.

(vi) Funding is not permitted for program implementation, proposal

writing, the purchase of hardware or equipment, or any activities

deemed ineligible in the Drug Elimination Program, excluding

consultant's fees.

(5) General Program Requirements

(i) Applications for short-term technical assistance may be funded

up to $15,000 per request, with HUD providing payment directly to the

authorized consultant for the consultant's fee, travel, room and board,

and other approved costs.

(ii) For technical assistance initiated by HUD, the TA may be for

any amount up to $25,000.

(iii) Applicants that have not previously received technical

assistance under this program may submit only one application

initially. After the applicant's initial technical assistance report

has been received and reviewed by HUD or the contractor administering

the program, as appropriate, the applicant may submit multiple

applications. For TA initiated by HUD an applicant may have more than

one TA opportunity active at the same time.

(iv) Applications must be signed and certified by both the

Executive Director and a resident leader, certifying the following:

(A) That a copy of the application was sent to the local HUD Field

Office, Director of Public Housing Division, or Administrator, Office

of Native American Programs; and

(B) That the application was reviewed by both the Housing Authority

Executive Director, and a resident leader.

(d) Selection Criteria/Rating Factors

An application must include the minimum required elements and

cannot request assistance for ineligible activities as listed in

section I.(c)(4), above, of this NOFA. If HUD receives more than one

application from a HA, or group of RCs, ROs, or RMCs in proximity to

one another, HUD may exercise discretion to consider any two or more

applications as one, recommending one or more consultants and executing

contracts for any combination of applications. As an example, if three

resident councils at one HA, or three HAs within one geographic area

submit three separate TA applications within the same period of time,

HUD may contract with one, two or three consultants to carry out the

work, as HUD determines the best use of HUD funds, and the best

outcomes for the applicants. Applications will be scored according to

the criteria outlined below. Applicants must address the specific

questions directly as listed below. This is a new requirement, and the

criteria require more specific information than applications in

previous years. Applicants are encouraged to review these criteria

carefully before submitting an FY 1996 TA application.

(1)(i) The extent to which the applicant needs short-term technical

assistance. This will be measured by the applicant's discussion of the

problems that triggered the request for assistance under this NOFA.

(Maximum points: 5) For the maximum of five points allowed for this

criterion, the discussion must include answers to each of the following

questions:

(A) What kind of drug-related crime problem do you see in your

community?

(B) What types of drugs are being used or drug-related crimes are

being committed?

(C) Are housing authority residents selling or using drugs, or

committing the crimes? What about non-residents?

(D) What type of problems are you requesting assistance for in this

application?

(E) How are those problems related to the drug and drug-related

crime problems outlined above?

(ii) If the applicant cannot provide answers to each of these

questions, but wishes to receive the maximum of five points allowed for

this criterion, the applicant's discussion for this criterion must

include answers to each of the following questions:

(A) What prevents you from identifying the problems?

(B) What prevents you from describing the problems?

(C) What prevents you from measuring the problems? (Maximum points:

5)

(2) The extent to which the applicant clearly describes the kind of

technical assistance and skills needed to address the problems, and how

well the technical assistance requested will address the problems. To

receive the maximum of five points, the discussion for this criterion

must address each of the following:

(i) Describe what you would like a consultant to do to help you

with the problems outlined in Factor One.

(ii) Whom would you like the consultant to meet when the consultant

is on-site?

(iii) What do you want the consultant to do when on-site?

(iv) What do you want in place after the consultant is finished on-

site? (Maximum points: 5)

(3) The likelihood that the requested technical assistance will

assist the applicant's current strategy to eliminate drugs and drug-

related crime, as described in the application; or, if the applicant

does not currently have a strategy, the extent to which the technical

assistance will help them develop a strategy to eliminate drugs and

drug-related crime. To receive the maximum of five points, the

discussion for this criterion must address each of the following:

(i) Describe the steps you and your organization are currently

taking to measure, understand or address the drug-related crime problem

in your development or housing authority.

(ii) How will the proposed assistance support these efforts?

(iii) Describe how the proposed assistance will allow you to

develop an anti-drug, anti-crime strategy; or describe how the proposed

assistance fits into your current strategy. (Maximum points: 5)

[[Page 32906]]

(e) Application Review, Awards, and Payment

(1) Application Review

Applications for Technical Assistance will be reviewed and scored

as they are received. Consultant applications will be received

throughout the year with no deadline. A TA application must include

both the descriptive letter (or form provided in the application kit)

and certification statement (or form provided in the application kit)

to be eligible for funding. All applications that qualify on the basis

of the minimum required elements will be scored on the basis of the

selection criteria in section I.(d), above, of this NOFA. Applications

must receive a total of 8 or more points, with no less than 2 points in

any of the three selection criteria in section I.(d), above, of this

NOFA to be eligible for funding. Eligible applications will be funded

in the order in which negotiations for a statement of work are

completed between the consultant and the program administrator until

all funds are expended. The basis for each funding decision under this

section will be documented.

(2) Application Awards

(i) If the application includes the descriptive letter (or forms)

requesting eligible activities, the certification statements (or form),

and scores at least 8 points as described in section I.(e)(1), above,

of this NOFA, it is eligible for funding. If sufficient funds are

available to fund the technical assistance request, staff will confer

with the applicant to confirm the work requirements.

(ii) If HUD receives more than one application from a HA, or group

of RCs, ROs or RMCs in proximity to one another, HUD may exercise

discretion to consider any two or more applications as one,

recommending consultants and executing contracts for any combination of

applications. The TA Consultant Database will be searched to choose at

least three consultants who: (1) have a principal place of business or

residence located within a reasonable distance from the applicant, as

determined by HUD or its agent; or (2) appear to have the requisite

knowledge and skills to assist the applicant in addressing its needs.

An employee of a housing agency (HA) may not serve as a consultant to

his or her employer. An HA employee who serves as a consultant to

someone other than his or her employer must be on annual leave to

receive the consultant fee. Applicants may not request any specific

consultant. A list of the suggested consultants will be forwarded to

the applicant. From this list, the applicant will recommend a

consultant to provide the requested technical assistance. Instructions

for consultants who wish to be included in the TA Consultant Database

are outlined above in section I.(c)(2)(ii) of this NOFA.

(iii) The applicant must contact each TA consultant from the list

provided. HUD may request confirmation from each recommended consultant

to ensure that all consultants have been contacted by the applicant. If

HUD determines that any consultant was not contacted, HUD may consider

the recommendation by the applicant void, and can choose a consultant

independent of the applicant. After making contact with each

consultant, the applicant must send a written justification to HUD with

a list of the consultants in order of preference, indicating any that

are unacceptable, and stating the reasons for its preference. If the

applicant does not provide HUD the written justification of consultant

choice within the period requested, HUD will make its own choice of a

consultant and proceed to negotiate a statement of work with the

consultant. There is no guarantee that the applicant's first preference

will be approved. Consultants will only be approved for the TA if the

request is not in conflict with other requests for the consultant's

services.

(iv) Staff designated by HUD will work with the consultant and

applicant to develop a statement of work that includes a timeline and

estimated budget. The statement of work should also include a

discussion of the kind of technical assistance and skills needed to

address the problem, and how the technical assistance requested will

address these needs; and a description of the current crime and drug

elimination strategy, and how the requested technical assistance will

assist that strategy. If the applicant does not currently have a

strategy, there should be a statement of how the technical assistance

will help them develop a crime and drug elimination strategy. When HUD

has completed the authorization to begin work, the consultant will be

contacted to start work. The consultant must receive written

authorization from HUD or its authorized agent before he or she can

begin to provide technical assistance under this NOFA. The applicant

and the relevant Field Office or Office of Native American Programs

will also be notified. Because this program is for short-term technical

assistance, consultants shall only be reimbursed for a maximum of 30

days of work, which must be completed in fewer than 90 days from the

date of the approved statement of work. Work begun before the

authorized date will be considered unauthorized work and may not be

compensated by the Department.

(3) TA Consultant Work and Reports

HUD is working to improve the quality of TA consultant reports and

invoices and has added requirements to improve the quality of reports

and invoices, both for the benefit of the applicant, and for a record

that will reflect the level of funds expended for the services. Reports

and invoices which do not include the new elements or meet the new

standard will be returned to the consultant. If HUD returns a

disapproved report or invoice to a consultant, HUD may withhold up to

25 percent of the payment requested by the consultant, or authorized in

the purchase order, for the related work. HUD may also deny further

work to the consultant in the TA program until the report or invoice is

accepted by HUD. Examples of reports and invoices considered reasonable

by HUD are available from the Drug Information and Strategy

Clearinghouse, at 1-800-578-3472. Consultants are encouraged to obtain

copies and use these as models before submitting an invoice or report

in FY 1996. Previously acceptable standards may no longer be accepted

by HUD.

(4) Payment of TA Consultants

The consultant must submit a report of its activities, findings and

recommendations, a fee invoice, and expenses and original receipts to

the address specified in the application kit. A copy of the report must

also be submitted to the applicant. A revised FY 1996 version of the

``Guidelines for Consultants'' book, available from the Clearinghouse,

describes the required elements of these reports. These required

elements have changed from previous years and consultants are

encouraged to review them closely to make sure all invoices and reports

follow the new guidelines before submitting an invoice or report. After

the report and expenses have been approved, and a verbal or written

evaluation is received from the applicant, payment will be issued to

the consultant.

II. Application Process

(a) Application Kit. An application kit may be obtained from the

local HUD Field Office or Office of Native American Programs, or by

calling HUD's Drug Information and Strategy Clearinghouse at (800) 578-

3472 or (202) 708-0850 (TTY) (The TTY number is not a toll-free

number). The

[[Page 32907]]

application kit contains information on all exhibits and requirements

of this NOFA. Requirements in the new FY 1996 Application Kit have

changed from previous years and applicants are encouraged to carefully

review the requirements to make sure that the application meets all

requirements before submission.

(b) Application Submission. This NOFA is effective upon

publication. Short-term (90 days for completion) technical assistance

applications and consultant application kits may be immediately

submitted to the address specified in the application kit. The

application submission deadline for the short-term technical assistance

grants available under this NOFA is August 16, 1996. Technical

assistance applications will be reviewed on a continuing first-come,

first-served basis, until funds under this NOFA are no longer available

or until August 16, 1996. Applicants are encouraged to submit their

applications as early as possible in the fiscal year.

(1) An applicant must submit the application and the necessary

assurances to the address specified in the application kit.

(2) In addition, applicants must simultaneously forward a copy of

these documents to the HUD Field Office or Office of Native American

Programs with jurisdiction over the relevant housing authority. This

copy must be addressed to Director, Division of Public Housing, or

Administrator, Office of Native American Programs, as appropriate.

III. Checklist of Application Submission Requirements

Each application for a grant under this program must include the

following:

(a) An application will not be considered for funding unless it

includes, at a minimum, the following elements:

(1) An application letter of no more than four pages that responds

to each of the selection criteria in section I(d), above, of this NOFA,

or the completed application forms available in the application kit;

and

(2) A certification statement, or the form provided in the

application kit, signed by the executive director of the housing

authority and the authorized representative of the RMC or incorporated

RC or RO, certifying that any technical assistance received will be

used in compliance with all requirements in the NOFA, including those

outlined in I(a)(3)-(4); and

(b) A completed and signed HUD Form 2880.

IV. Corrections to Deficient Applications

(a) HUD will notify an applicant, in writing or by telephone, of

any curable technical deficiencies, such as a missing signature in the

application. A log of telephone notifications will be maintained. The

applicant must correct the deficiency in accordance with the

information specified in HUD's notification. The application will not

be given further consideration until the deficiency is corrected.

(b) Curable technical deficiencies relate to items that are not

necessary to make a determination of an applicant's eligibility. The

items necessary for this determination are listed at section III.(a),

above, of this NOFA, although missing signatures on the application

letter, certification, or forms are curable.

V. Other Matters

(a) Nondiscrimination and Equal Opportunity

The following nondiscrimination and equal opportunity requirements

apply:

(1) The requirements of title VIII of the Civil Rights Act of 1968

(42 U.S.C. 3600-20) (Fair Housing Act) and implementing regulations

issued at subchapter A of title 24 of the Code of Federal Regulations,

as amended by 54 FR 3232 (published January 23, 1989); Executive Order

11063 (Equal Opportunity in Housing) and implementing regulations at 24

CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C.

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

implementing regulations issued at 24 CFR part 1;

(2) The Indian Civil Rights Act (title II of the Civil Rights Act

of 1968) (25 U.S.C. 1301-1303) (ICRA) provides that no Indian tribe in

exercising powers of self-government shall deny to any person within

its jurisdiction the equal protection of its laws or deprive any person

of liberty or property without due process of law. The Indian Civil

Rights Act applies to any tribe, band, or other group of Indians

subject to the jurisdiction of the United States in the exercise of

recognized powers of self-government. The ICRA is applicable in all

cases where an IHA has been established by exercise of tribal powers of

self-government.

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

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

implementing regulations at 24 CFR part 146, and the prohibitions

against discrimination against individuals with disabilities under

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

implementing regulations at 24 CFR part 8;

(4) The requirements of Executive Order 11246 (Equal Employment

Opportunity) and the regulations issued under the Order at 41 CFR

Chapter 60;

(5) The requirements of the Americans with Disabilities Act of 1990

(42 U.S.C. 12131) and implementing regulations at 29 CFR part 1640, 28

CFR part 35, and 28 CFR part 36.

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

Consistent with HUD's responsibilities under these Orders, recipients

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

enterprises in connection with funded activities.

(b) Use of Debarred, Suspended, or Ineligible Contractors

Applicants for short-term technical assistance under this NOFA are

subject to 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.

(c) Drug-Free Workplace Act of 1988

The requirements of the Drug-Free Workplace Act of 1988 and

implementing regulations at 24 CFR part 24, subpart F apply under this

notice.

(d) Environmental Impact

In accordance with 40 CFR 1508.4 of the regulations of the Council

on Environmental Quality and 24 CFR 50.20(b) of the HUD regulations,

the policies and procedures proposed in this document are determined

not to have the potential of having a significant impact on the quality

of the human environment, and therefore are categorically excluded from

the requirements of the National Environmental Policy Act of 1969.

Accordingly, a Finding of No Significant Impact is not required.

(e) Family Impact

The General Counsel, as the Designated Official for Executive Order

12606, The Family, has determined that the provisions of this NOFA have

the potential for a positive, although indirect, impact on family

formation, maintenance, and general well-being within the meaning of

the Order. The NOFA is designed to assist housing authorities and

resident organizations in their anti-drug-related efforts by providing

short-term technical assistance. HUD expects that the provision of such

assistance will better

[[Page 32908]]

prepare and educate housing authority and resident organization

officials to confront the widespread abuse of controlled substances in

public housing communities. This, in turn, would indirectly affect the

quality of life for housing residents.

(f) Federalism Impact

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

of Executive Order 12612, Federalism, has determined that the

provisions of this NOFA do not have federalism implications within the

meaning of the Order. The NOFA provides short-term technical assistance

to housing authorities and resident organizations to assist them in

their anti-drug efforts in public housing communities. The involvement

of resident organizations should greatly increase the success of the

anti-drug efforts under this technical assistance program and therefore

should have positive effects on the target population. As such, the

program helps housing authorities to combat serious drug problems in

their communities, but it does not have federalism implications.

(g) Section 102 HUD Reform Act--Documentation and Public Access

Requirements; Applicant/Recipient Disclosures

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

all applicant disclosure reports (HUD Form 2880) submitted in

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

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

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

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

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

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

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

further information on these disclosure requirements.)

Public notice. HUD will include recipients that receive assistance

pursuant to this NOFA in its Federal Register notice of recipients of

all HUD assistance awarded on a competitive basis. (See 24 CFR

12.16(b), and the notice published in the Federal Register on January

16, 1992 (57 FR 1942) for further information on these requirements.)

(h) Section 103 HUD Reform Act

HUD's regulation implementing section 103 of the Department of

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

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

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

competition announced today. The requirements of the rule continue to

apply until the announcement of the selection of successful applicants.

HUD employees involved in the review of applications and in the

making of funding decisions are limited by part 4 from providing

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

HUD) concerning funding decisions, or from otherwise giving any

applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under 24 CFR part 4.

Applicants or employees who have ethics related questions should

contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-

free number.) For HUD employees who have specific program questions,

such as whether particular subject matter can be discussed with persons

outside HUD, the employee should contact the appropriate Field Office

Counsel, or Headquarters counsel for the program to which the question

pertains.

(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 for Fiscal Year 1990 (31 U.S.C. 1352) (The

``Byrd Amendment'') and the implementing regulations at 24 CFR part 87.

These authorities prohibit recipients of federal contracts, grants, or

loans from using appropriated funds for lobbying the Executive or

Legislative branches of the federal government in connection with a

specific contract, grant, or loan. The prohibition also covers the

awarding of contracts, grants, cooperative agreements, or loans unless

the recipient has made an acceptable certification regarding lobbying.

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

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

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

assistance. Indian Housing Authorities established by an Indian Tribe

as a result of the exercise of their sovereign power are excluded from

coverage, but IHAs established under state law are not excluded from

coverage.

Authority: Pub. L. 104-34, 110 Stat. 1321 (1996).

Dated: April 25, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public and Indian Housing.

[FR Doc. 96-16086 Filed 6-24-96; 8:45 am]

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