3324 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Public and Indian Housing

[Docket No. N–95–3841; FR–3790–N–01]

Public Housing Drug Elimination

Technical Assistance Program;

Funding Availability—FY 1995

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Public Housing Drug

Elimination Technical Assistance

Program Notice of Funding Availability

(NOFA) for Fiscal Year (FY) 1995.

SUMMARY: This NOFA announces the FY

1995 availability of $3 million to fund

qualified applicants. 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.

DATES: This NOFA is effective January

13, 1995. Technical assistance

applications and consultant application

kits may be immediately submitted to

the address specified in the application

kit. There is no application submission

deadline for the short-term technical

assistance funds available under this

NOFA. Technical assistance

applications will be reviewed on a

continuing basis, until funds available

under this NOFA are expended.

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 (TDD) (The TDD

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 or

Office of Native American Programs

with jurisdiction over the relevant

housing authority. This copy must be

addressed to Director, Public Housing

Division, or Administrator, Office of

Native American Programs, as

appropriate.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Cocke, Crime Prevention and

Security Division (CPSD), Office of

Community Relations and Involvement

(OCRI), Room 4116, Department of

Housing and Urban Development, 451

Seventh Street, SW., Washington, DC

20410, telephone (202) 708–1197. A

telecommunications device for hearingor speech-impaired persons (TDD) is

available at (202) 708–0850. (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 review

under the provisions of the Paperwork

Reduction Act (44 U.S.C. 3501–3520),

and assigned OMB control number

2577–0133.

I. Purpose and Substantive Description

(a) Authority

Funds for both training and this

technical assistance (TA) program have

been appropriated by the Departments

of Veterans Affairs and Housing and

Urban Development, and Independent

Agencies Appropriations Act, 1995

(Pub. L. 103–327, approved September

28, 1994).

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 drugrelated 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 or the

financial support of existing programs.

(b) Allocation Amounts

The Departments of Veterans Affairs

and Housing and Urban Development,

and Independent Agencies

Appropriations Act, 1995 (Pub. L. 103–

327, approved September 28, 1994)

appropriated $290 million for the Drug

Elimination Program, of which $3

million is to be used for funding this

technical assistance and training

program. Of this $3 million, not more

than $200,000 may be used for

applicants who received sufficient

points for funding under the Fiscal Year

(FY) 1994 Notice of Funding

Availability (NOFA) after FY 1994 funds

were exhausted. The remaining amount

will be available for new applications

for short-term technical assistance of up

to $25,000 per request.

(c) Eligibility

The following is a listing of eligible

applicants, eligible consultants, eligible

activities, ineligible activities, and

general program requirements under

this NOFA.

(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
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices 3325

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

Housing Drug Elimination Program.

(vi) 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, consistently poor applications

for drug elimination funds, the need for

training, pervasive drug-related

violence, disputes among tenants, and

disputes between tenants and

management. HUD will use the

procedures of this NOFA to select a

consultant in these cases.

(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: an outstanding finding of

civil rights noncompliance, unless the

applicant demonstrates that it is

operating in compliance with a HUDapproved compliance agreement

designed to correct the area(s) of

noncompliance; 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;

a deferral of Federal funding based upon

civil rights violations; a pending civil

rights suit brought against it by the

Department of Justice; or 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 (TDD), and

submit the packet to the address

specified in the application kit. (The

TDD 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:

agency organization and management;

facility operations; program

development; experience working with

residents and community organizations.

(B) Anti-crime- and anti-drug-related

experience: prevention/intervention

programs; enforcement strategies;

alternative programs.

(C) 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

three references;

(B) A resume;

(C) A narrative statement regarding

the consultant’s experience in the

specific skills identified on the Resource

Inventory Questionnaire, and outlining

the consultant’s overall approach;

(D) 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. For consultants who

can justify up to the equivalent of ES–

IV per day, this evidence can 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).

For consultants who can justify above

the equivalent of ES–IV per day, there

must be three forms of documentation of

the daily rate: (1) A previous payment

statement showing the daily rate paid,

or the overall amount paid and the

number of days for work of a similar

nature to that offered in this TA

program; (2) a certified accountant’s

statement outlining the daily rate; and

(3) 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) 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)(D), above, of this NOFA.

(iv) 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
3326 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices

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.

(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 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 shortterm, immediate assistance to PHAs,

IHAs, RMCs, RCs, and ROs in

developing and/or implementing their

strategies to eliminate drugs and drugrelated 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, or to 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. To assist

housing authorities and resident

councils, the TA program 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-drugrelated 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 anticrime efforts;

(B) Management techniques;

(C) Youth initiatives;

(D) Family management/parenting;

(E) Resident intervention and

assistance programs;

(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 they 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.

(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 $25,000 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) 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.

(d) Selection Criteria/Ranking Factors

An application must include the

minimum required elements and cannot

request assistance for ineligible

activities as listed in I(c)(4), above, of

this NOFA. Applications will be scored

according to the criteria outlined below:

(1) 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:

10)

(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. (Maximum

points: 10)

(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. (Maximum

points: 10)

(e) Application Review, Awards, and

Payment

(1) Application Review

Applications will be reviewed as they

are received, and will be time- and datestamped to determine their order of

receipt. An 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 that receive a total

of 15 or more points, with no less than

3 points in any of the three selection

criteria in section I(d), above, of this

NOFA will 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

statement (or form), and scores at least

15 points as described in section I(e)(1),

above, of this NOFA, it is eligible for

funding. If sufficient funds are available
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices 3327

to fund the technical assistance request,

staff will confer with the applicant to

confirm the work requirements. 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. The applicant’s

preference for a consultant will be taken

into account. 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. 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), above, of this

NOFA.

(ii) The applicant must contact each

TA consultant from the list provided.

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 state the reasons for its preference.

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.

(iii) 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 the statement of work is

approved, the consultant will be

authorized 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.

(3) 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. The

‘‘Guidelines for Consultants’’ book,

available from the Clearinghouse,

describes the required elements of these

reports. 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 (TDD). (The

TDD number is not a toll-free number).

The application kit contains information

on all exhibits and requirements of this

NOFA.

(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. There is no application submission

deadline for the short-term technical

assistance grants available under this

NOFA. Technical assistance

applications will be reviewed on a

continuing first-come, first-served basis,

until funds under this NOFA are no

longer available.

(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;

(b) HUD Form 2880; and

(c) If the applicant has a particular

consultant to recommend to provide the

technical assistance, the response

should identify the consultant and the

basis for the recommendation. A

consultant recommended by an

applicant is not guaranteed to be

approved to provide the requested

technical assistance. If the consultant

recommended by an applicant is not

listed in the Consultant Database

approved by HUD’s Crime Prevention

and Security Division (CPSD), the

consultant must apply as outlined in

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

These consultant applications to be

included in the TA Consultant Database

will be given expedited review by HUD.

However, a consultant must be listed to

be eligible for funding under this NOFA.

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.
3328 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices

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 selfgovernment. 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

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) Documentation and Public Access

Requirements; Applicant/Recipient

Disclosures: HUD Reform Act

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 generally 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 quarterly 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 112 HUD Reform Act

Section 13 of the Department of

Housing and Urban Development Act

contains two provisions dealing with

efforts to influence HUD’s decisions

with respect to financial assistance. The

first imposes disclosure requirements on

those who are typically involved in

these efforts—those who pay others to

influence the award of assistance or the

taking of a management action by HUD,

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, based

on the amount of assistance received, or

contingent upon the receipt of

assistance.

Section 13 was implemented by final

rule published in the Federal Register
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices 3329

on May 17, 1991 (56 FR 22912) as 24

CFR part 86. If readers are involved in

any efforts to influence HUD in these

ways, they are urged to read the final

rule, particularly the examples

contained in Appendix A of the rule.

Authority: Departments of Veterans Affairs

and Housing and Urban Development, and

Independent Agencies Appropriations Act,

1993 (Pub. L. 102–389, approved October 6,

1992); Departments of Veterans Affairs and

Housing and Urban Development, and

Independent Agencies Appropriations Act,

1995 (Pub. L. 103–327, approved September

28, 1994).

Dated: January 9, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–958 Filed 1–12–95; 8:45 am]

BILLING CODE 4210–33–P