18444 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Fair Housing and Equal Opportunity

[Docket No. N–95–3901; FR–3878–N–01]

NOFA for Fair Housing Initiatives

Program; FY 1995 Competitive

Solicitation

AGENCY: Office of the Assistant

Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Notice of Funding Availability

(NOFA).

SUMMARY: This NOFA announces the

availability of up to $14,580,530 of 1995

Fiscal Year (FY) funding for the Fair

Housing Initiatives Program (FHIP).

This program assists projects and

activities designed to enforce and

enhance compliance with the Fair

Housing Act and substantially

equivalent State and local fair housing

laws. In the body of this document is

information concerning the purpose of

the NOFA, eligibility, available

amounts, selection criteria, how to

apply for funding, and how selections

will be made.

DATES: An application kit for funding

under this Notice will be available

following publication of the Notice. The

actual application due date will be

specified in the application kit.

However, applicants will be given at

least 70 days from today’s date, until

June 20, 1995, to submit their

applications. Applications will be

accepted if they are received on or

before the application due date, or are

received within 7 days after the

application due date, but with a U.S.

postmark or receipt from a private

commercial delivery service (such as

Federal Express or DHL) that is dated on

or before the application due date.

ADDRESSES: To obtain a copy of the

application kit, please write the Fair

Housing Information Clearinghouse,

Circle Solutions, Inc., 8201 Greensboro

Drive, Suite 600, McLean, VA 22102 or

call the toll-free number 1–800–343–

3442 (voice) or 1–800–290–1617 (TDD).

Please also contact this number if

information concerning this NOFA is

needed in an accessible format.

FOR FURTHER INFORMATION CONTACT:

Sharon Bower, Acting Director, Office of

Fair Housing Initiatives and Voluntary

Programs, Room 5234, 451 Seventh

Street SW., Washington, DC 20410–

2000. Telephone number (202) 708–

0800. A telecommunications device

(TDD) for hearing and speech impaired

persons is available at (202) 708–0800.

(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

Application requirements associated

with this program have been approved

by the Office of Management and

Budget, under section 3504(h) of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3054(h)), and assigned OMB

control number 2529–0033.

I. Purpose and Substantive Description

(a) Authority

Title VIII of the Civil Rights Act of

1968, as amended, 42 U.S.C. 3601–19

(Fair Housing Act), charges the

Secretary of Housing and Urban

Development with responsibility to

accept and investigate complaints

alleging discrimination based on race,

color, religion, sex, handicap, familial

status or national origin in the sale,

rental, or financing of most housing. In

addition, the Fair Housing Act directs

the Secretary to coordinate action with

State and local agencies administering

fair housing laws and to cooperate with,

and render technical assistance to,

public or private entities carrying out

programs to prevent and eliminate

discriminatory housing practices.

Section 561 of the Housing and

Community Development Act of 1987,

42 U.S.C. 3616 note, established the Fair

Housing Initiatives Program (FHIP) to

strengthen the Department’s

enforcement of the Fair Housing Act

and to further fair housing. This

program assists projects and activities

designed to enforce and enhance

compliance with the Fair Housing Act

and substantially equivalent State and

local fair housing laws. Implementing

regulations are found at 24 CFR part

125.

Three general categories of activities

were established at 24 CFR part 125 for

FHIP funding under section 561 of the

Housing and Community Development

Act of 1987: The Administrative

Enforcement Initiative, the Education

and Outreach Initiative, and the Private

Enforcement Initiative. Section 905 of

the Housing and Community

Development Act of 1992 (HCDA 1992)

(Pub. L. 102–550, approved October 28,

1992), amended section 561 by adding

specific eligible applicants and

activities to the Education and Outreach

and Private Enforcement Initiatives, as

well as an entirely new Fair Housing

Organizations Initiative.

More significantly, section 905 has

established FHIP as a permanent

program. As originally promulgated by

section 561, FHIP was a demonstration

program authorized to expire on

September 30, 1992. Since this

demonstration period has passed, and

FHIP is now a permanent program, the

Department has determined that the

requirements specifically tied to the

demonstration period, namely, the

testing guidelines at § 125.405, are no

longer applicable to FHIP. Accordingly,

the use of these testing guidelines is not

required under this NOFA. The

Department has executed a waiver of

§ 125.405 for the purposes of this

NOFA, pending the elimination of this

provision in the revision of 24 CFR part

125. Because section 905 does not

eliminate any FHIP provisions other

than those related to its status as a

demonstration program, the Initiatives

and activities currently eligible under

24 CFR part 125 remain eligible under

this NOFA.

This NOFA further incorporates the

HCDA 1992 section 905 FHIP additions

to the extent of including the new

eligible applicants and activities, and

the new Fair Housing Organizations

Initiative. The Department solicited

public comment on the amendment of

24 CFR part 125 to effect the changes

made by section 905 in a proposed rule

published in the Federal Register on

August 29, 1994 (59 FR 44596). For the

purpose of future funding rounds, the

Department will soon publish a rule

finalizing the policies and procedures

contained in the August 29, 1994

proposed rule. However, applications

for FY 1995 funds will be subject to the

requirements and deadlines in this

NOFA. Eligible applicants should not

wait for the final rule’s publication to

prepare and submit their FY 1995

applications in response to this NOFA.

Two of the new eligible applicants,

fair housing enforcement organizations

and qualified fair housing enforcement

organizations, are given specific

definitions, which apply to this NOFA,

in section 905:

Fair housing enforcement

organization means any organization

that—

(1) Is organized as a private, taxexempt, nonprofit, charitable

organization;

(2) Is currently engaged in complaint

intake, complaint investigation, testing

for fair housing violations and

enforcement of meritorious claims; and

(3) Upon the receipt of FHIP funds

will continue to be engaged in

complaint intake, complaint

investigation, testing for fair housing

violations and enforcement of

meritorious claims.

Qualified fair housing enforcement

organization means any organization,

whether or not it is solely engaged in

fair housing enforcement activities,

that—
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18445

(1) Is organized as a private, taxexempt, nonprofit, charitable

organization;

(2) Has at least 2 years experience in

complaint intake, complaint

investigation, testing for fair housing

violations and enforcement of

meritorious claims; and

(3) Is engaged in complaint intake,

complaint investigation, testing for fair

housing violations and enforcement of

meritorious claims at the time of

application for FHIP assistance.

On October 5, 1994, HUD published

a Notice (59 FR 50763) inviting

comments from potential applicants for

FY 1995 FHIP funds, prior grantees and

applicants, and any other interested

parties, on the administration of FHIP

funding. HUD was especially interested

in soliciting comments on the

application procedures for funding in

general and the content of FHIP NOFAs

in particular. By the expiration of the

comment period on November 11, 1994,

thirty-six comments had been received.

HUD is grateful for these comments and

has considered them in the

development of the FY 1995 FHIP

NOFA and Application Kit.

The program components of FHIP are

described in the Catalog of Federal

Domestic Assistance at 14.408,

Administrative Enforcement Initiative;

14.409, Education and Outreach

Initiative; 14.410, Private Enforcement

Initiative; and 14.413, Fair Housing

Organizations Initiative.

(b) Allocation Amounts

For FY 1995, the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1995

(approved September 28, 1994, Pub. L.

103–327) (95 App. Act) appropriated

$26,000,000 for the FHIP program. Of

this amount, $9,962,024 will be used to

fund the second year of FY 1993/1994

multi-year awards. An additional

$1,457,446 is being utilized for the FY

1995 funding of FY 1994 awards. The

remaining $14,580,530 is being made

available on a competitive basis to

eligible organizations that submit timely

applications and are selected in

response to this NOFA. The funding

selections will be made on the basis of

criteria for eligibility, factors for award,

and completeness of budget

information.

The full cost of FY 1995 multi-year

awards, under the Private Enforcement

Initiative and for the purpose of

establishing new organizations under

the Fair Housing Organizations

Initiative, will be funded from FY 1995

funds. Recipients of FY 1993/1994

multi-year awards may not apply for FY

1995 multi-year funds in the initiative

under which they are currently funded.

Recipients of FY 1993/1994 and FY

1995 multi-year awards will again be

able to apply for such funds in the last

fiscal year of their multi-year award.

The Department retains the right to

shift funds between the FHIP Initiatives

listed below, within statutorily

prescribed limitations. The amounts

included in this NOFA are subject to

change based on fund availability. The

total FY 1995 appropriation for the FHIP

program is divided among the four FHIP

Initiatives as follows:

(1) Administrative Enforcement

Initiative. The amount of 3 million in

FY 1995 funds is available under this

NOFA for the Administrative

Enforcement Initiative.

(2) Education and Outreach Initiative.

The amount of $6,750,000 in FY 1995

funds is being used for the Education

and Outreach Initiative. Of this amount,

$3,119,749 is made available under this

NOFA for National Education and

Outreach Initiative programs. An

additional $3.5 million in FY 1995

funds is made available under this

NOFA for regional, local, and

community based programs.

Furthermore, $130,251 will be utilized

for the FY 1995 funding of FY 1994

awards.

(3) Private Enforcement (PE) Initiative.

The amount of $9 million in FY 1995

funds is being used for the PE Initiative.

Of this amount, $3,015,299 is made

available under this NOFA for four-year

projects, with an award cap of $600,000

and with incremental funding during

the life of the award subject to periodic

performance reviews. An additional

$5,330,928 will be used to fund the

second year of FY 1993/1994 multi-year

awards and $653,773 will be utilized for

the FY 1995 funding of FY 1994 awards.

Recipients of FY 1993/1994 multiyear PE Initiative awards may not apply

for multi-year PE Initiative funds made

available under this NOFA. Recipients

of FY 1993/1994 and FY 1995 multiyear PE Initiative awards will again be

able to apply for such funds in the last

fiscal year of their multi-year award.

Therefore, FY 1993/1994 multi-year PE

Initiative grantees, whose current grant

will not expire until August, 1996 or

later, may not apply for multi-year PE

Initiative funds until the FY 1996 FHIP

solicitation. Recipients of FY 1995 fouryear PE Initiative awards must wait

until the FY 1999 FHIP solicitation to

apply for further multi-year PE Initiative

funds.

(4) Fair Housing Organizations (FHO)

Initiative. The amount of $7,250,000 in

FY 1995 funds is being used for the

FHO Initiative. Of this amount,

$1,945,482 is being made available

under this NOFA. The amount of

$945,482 is made available under this

NOFA for the continued development of

new organizations. The amount of $1

million in FY 1995 funds is available for

three-year projects for the purpose of

establishing new organizations, with an

award cap of $500,000 and with

incremental funding during the life of

the award subject to periodic

performance reviews.

An additional $673,422 will be

utilized for the FY 1995 funding of FY

1994 FHO Initiative awards for the

continued development of existing

organizations. Furthermore, $4,631,096

in FY 1995 funds will be used to fund

the second year of FY 1993/1994 FHO

Initiative awards for the purpose of

establishing new organizations.

Recipients of FY 1993/1994 multiyear awards for the purpose of

establishing new organizations under

the FHO Initiative may not apply for FY

1995 multi-year FHO Initiative funds.

Recipients of FY 1993/1994 and FY

1995 multi-year FHO Initiative awards

will again be able to apply for such

funds in the last fiscal year of their

multi-year award. Therefore, FY 1993/

1994 multi-year FHO Initiative grantees,

whose current grant will not expire

until August, 1996 or later, may not

apply for multi-year FHO Initiative

funds until the FY 1996 FHIP

solicitation. Recipients of FY 1995 fouryear FHO Initiative awards must wait

until the FY 1999 FHIP solicitation to

apply for further multi-year FHO

Initiative funds.

(c) Eligibility

Eligible activities, eligible applicants,

and additional requirements under each

Initiative are listed below. All activities

and materials funded by FHIP must be

reasonably accessible to persons with

disabilities.

(1) Administrative Enforcement

Initiative

(i) Eligible applicants. The

Administrative Enforcement Initiative

provides funding to State and local fair

housing agencies administering fair

housing laws certified by the Secretary

as providing rights and remedies that

are substantially equivalent to those

provided in the Fair Housing Act. A

State or local fair housing agency, to be

eligible to participate in the

Administrative Enforcement Initiative,

must be certified by the Assistant

Secretary as substantially equivalent

under 24 CFR part 115, or have entered

into an agreement with the Department

for interim referrals, as provided in 24

CFR 115.11.
18446 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

(ii) Eligible activities. Funding will be

available to support enforcement and

compliance activities conducted by

eligible State and local agencies. Eligible

activities may include (but are not

limited to) the following:

(A) Projects that focus on the areas of

mortgage lending, insurance redlining,

and appraisal practices;

(B) Discovering and providing

remedies for discrimination in the

public and private real estate markets

and real estate-related transactions,

including, but not limited to, the

making or purchasing of loans, the

provision of other financial assistance

for sales and rentals of housing,

including insurance redlining and

appraisal practices, and housing

advertising;

(C) Implementing fair housing testing

and other related enforcement activity

programs;

(D) Conducting investigations of

systemic discrimination for further

enforcement processing by State or local

agencies, or for referral to HUD and the

Department of Justice; and

(E) Developing new procedures to

increase the efficiency of operations,

such as the use of computers for case

processing, tracking, and Home

Mortgage Disclosure Act (HMDA)

analysis.

(iii) Additional requirements.

(A) Testers in testing activities funded

with Administrative Enforcement

Initiative funds must not have prior

felony convictions or convictions of

crimes involving fraud or perjury, and

they must receive training or have

demonstrated experience in testing

procedures and techniques.

(B) Term of contract. Administrative

Enforcement Initiative funding is only

available for one-year projects, which

may be for up to eighteen months in

duration.

(C) Projects that appear to be aimed

solely or primarily at research or datagathering unrelated to existing or

planned fair housing enforcement

programs will not be approved. Datagathering activities will require OMB

approval under the Paperwork

Reduction Act before commencement of

the activity.

(D) No recipient of assistance under

the Administrative Enforcement

Initiative may use any funds provided

by the Department for the payment of

expenses in connection with litigation

against the United States.

(E) Case tracking log requirement.

Recipients of funds under the

Administrative Enforcement Initiative

shall be required to record, in a case

tracking log (or Fair Housing

Enforcement Log) to be supplied by

HUD, information appropriate to the

funded project relating to the number of

complaints of discrimination received;

the basis of these complaints; the type

and number of tests utilized in the

investigation of each allegation; the time

for case processing, including

administrative or judicial proceedings;

the cost of testing activities and case

processing; and case outcome or relief

provided. The recipient must agree to

make this log available to HUD.

(2) Education and Outreach Initiative

(i) Eligible applicants. The following

types of organizations are eligible to

receive funding under the Education

and Outreach Initiative:

(A) State or local governments;

(B) Qualified fair housing

enforcement organizations (QFHO–Es);

(C) Fair housing enforcement

organizations (FHO–Es);

(D) Public or private non-profit

organizations or institutions and other

public or private entities that are

formulating or carrying out programs to

prevent or eliminate discriminatory

housing practices;

(E) Fair Housing Assistance Program

(FHAP) Agencies—State and local

agencies funded by the Fair Housing

Assistance Program (FHAP); and

(F) Community Housing Resource

Boards (CHRBs).

(ii) Eligible activities. (A) In general.

Each application for Education and

Outreach Initiative funding must

identify if it proposes a national, Fair

Housing Month, regional or local, or

community-based program. The kinds of

activities that may be funded through

this Initiative may include (but are not

limited to) the following:

(1) Projects that focus on informing

persons with disabilities, and/or their

support organizations and service

providers, housing providers, and the

general public on the rights of disabled

persons under the Fair Housing Act and

on the location or availability of

accessible housing or the modification

of non-accessible housing;

(2) Projects that provide guidance to

housing providers on meeting their Fair

Housing Act obligation to make

reasonable accommodations for persons

with disabilities are also encouraged;

(3) Projects that will provide housing,

mortgage lending, appraisal, and

insurance counseling services;

(4) Developing informative material

on fair housing rights and

responsibilities;

(5) Developing fair housing and

affirmative marketing instructional

material for educational programs for

national, regional and local housing

industry groups;

(6) Providing educational seminars

and working sessions for civic

associations, community-based

organizations, and other groups;

(7) Developing educational material

targeted at persons in need of specific or

additional information on their fair

housing rights;

(8) Developing national, regional or

local media campaigns regarding fair

housing;

(9) Bringing housing industry and

civic or fair housing groups together to

identify illegal real estate practices and

to determine how to correct them;

(10) Designing specialized outreach

projects to inform all persons of the

availability of housing opportunities;

(11) Developing and implementing a

response to new or more sophisticated

practices that result in discriminatory

housing practices;

(12) Developing mechanisms for the

identification of, and quick response to,

housing discrimination cases involving

the threat of physical harm;

(13) Developing and implementing

school curriculums for fair housing

courses;

(14) Developing and implementing a

response to community opposition to

the location of residential facilities for

persons with disabilities, as defined

under the Fair Housing Act, where

supportive health or human services are

provided in connection with the

housing; and

(15) Developing materials and

providing technical assistance to

support compliance with housing

adaptability and accessibility guidelines

contained in the 1988 Fair Housing

Amendments Act.

(16) Fair Housing Month activities

which may be components of national,

regional, local, or community based

programs.

(B) National programs. (1) Activities

eligible to be funded as national

programs shall be designed to provide a

centralized, coordinated effort for the

development and dissemination of fair

housing media products that may

appropriately be used on a nationwide

basis, including:

(i) Public service announcements,

both audio and video;

(ii) Television, radio and print

advertisements;

(iii) Posters; and

(iv) Pamphlets and brochures.

(2) National program applications will

receive a preference of up to ten

additional points if they:

(i) Demonstrate cooperation with real

estate industry organizations (up to five

points); and/or

(ii) Provide for the dissemination of

educational information and technical
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18447

assistance to support compliance with

the housing adaptability and

accessibility guidelines contained in the

Fair Housing Amendments Act of 1988

(up to five points).

(C) Regional and local programs. (1)

Activities eligible to be funded as

regional or local programs include any

of the activities, to be implemented on

a regional or local level, listed in

paragraphs I.(c)(2)(ii)(A) and

I.(c)(2)(ii)(B)(1), above, of this NOFA.

(2) For the purposes of this NOFA,

activities that are ‘‘local’’ in scope are

activities that are limited to a single unit

of general local government, meaning a

city, town, township, county, parish,

village, or other general purpose

political subdivision of a State.

Activities that are ‘‘regional’’ in scope

are activities that cover adjoining States

or two or more units of general local

government within a State.

(3) Every regional or local program

application must include as one of its

activities a procedure for referring

persons with Fair Housing complaints

to State or local agencies, private

attorneys, or HUD and the Department

of Justice for further enforcement

processing.

(D) Community-based programs. (1)

Activities eligible to be funded as

community-based programs include any

of the activities, to be implemented on

a community-based level, listed in

paragraphs I.(c)(2)(ii)(A) and

I.(c)(2)(ii)(B)(1), above, of this NOFA.

Community-based programs include

school, church and community

presentations, conferences or other

educational activities.

(2) Activities that are ‘‘communitybased’’ in scope are those which are

focused on a particular neighborhood

within a unit of general local

government.

(3) Every community-based program

application must include as one of its

activities a procedure for referring

persons with Fair Housing complaints

to State or local agencies, private

attorneys, or HUD and the Department

of Justice for further enforcement

processing.

(4) Projects for community-based

activities proposed by community-based

organizations will receive a preference

of five additional points. For the

purposes of this NOFA, a communitybased organization is an organization

whose members primarily come from a

particular neighborhood within a unit of

general local government.

(iii) Additional requirements. The

following requirements are applicable to

all applications under the Education

and Outreach Initiative:

(A) All projects must address or have

relevance to housing discrimination

based on race, color, religion, sex,

handicap, familial status or national

origin.

(B) Projects may range in length from

six to eighteen months in duration.

(C) Projects that appear to be aimed

solely or primarily at research or datagathering will not be approved. Datagathering activities will require OMB

approval under the Paperwork

Reduction Act before commencement of

the activity.

(3) Private Enforcement (PE) Initiative

(i) Eligible applicants. Organizations

that are eligible to receive FY 1995

funding assistance under the PE

Initiative are:

(A) Qualified fair housing

enforcement organizations.

(B) Fair housing enforcement

organizations with at least 1 year of

experience in complaint intake,

complaint investigation, testing for fair

housing violations and enforcement of

meritorious claims.

(ii) Eligible activities. Applications are

solicited for four year project proposals

as described in 24 CFR 125.403 and in

this NOFA. Applications may designate

up to 20% of requested funds to

promote awareness of the services

provided by the project, but such

promotion must be necessary for the

successful implementation of the

project. Project applications may

involve:

(A) Discovering and providing

remedies for discrimination in the

public and private real estate markets

and real estate-related transactions,

including, but not limited to, the

making or purchasing of loans, the

provision of other financial assistance

for sales and rentals of housing,

including insurance redlining and

appraisal practices, and housing

advertising;

(B) Conducting investigations of

systemic housing discrimination for

further enforcement processing by State

or local agencies, or for referral to

private attorneys or to HUD and the

Department of Justice;

(C) Professionally conducting testing

or other investigative support for

administrative and judicial

enforcement;

(D) Linking fair housing organizations

regionally in enforcement activities

designed to combat broader housing

market discriminatory practices;

(E) Establishing effective means of

meeting legal expenses in support of

litigation of fair housing cases;

(F) Testing and other investigative

activities, including building the

capacity for housing investigative

activities in unserved or underserved

areas;

(G) Building the capacity to

investigate, through testing and other

investigative methods, housing

discrimination complaints covering all

protected classes, including persons

with mental and physical disabilities;

(H) Carrying out special projects,

including the development of

prototypes to respond to new or

sophisticated forms of discrimination

against persons protected under title

VIII, such as in the areas of independent

living and architectural barriers;

(I) Providing funds for the costs and

expenses of litigation, including expert

witness fees.

(iii) Additional requirements.

(A) Testers in testing activities funded

with PE Initiative funds must not have

prior felony convictions or convictions

of crimes involving fraud or perjury,

and they must receive training or be

experienced in testing procedures and

techniques.

(B) Four-year projects must be for

forty-eight months in duration, with an

award cap of $600,000 and with

incremental funding during the life of

the award subject to periodic

performance reviews. Recipients of

multi-year PE Initiative awards may not

apply for additional multi-year PE

Initiative funds until the last fiscal year

of their multi-year award.

(C) Projects that appear to be aimed

solely or primarily at research or datagathering unrelated to existing or

planned fair housing enforcement

programs will not be approved. Datagathering activities will require OMB

approval under the Paperwork

Reduction Act before commencement of

the activity.

(D) In accordance with 24 CFR

125.404, no recipient of assistance

under the PE Initiative may use any

funds provided by the Department for

the payment of expenses in connection

with litigation against the United States.

(E) Recipients of funds under the

Private Enforcement Initiative shall be

required to record, in a case tracking log

(or Fair Housing Enforcement Log) to be

supplied by HUD, information

appropriate to the funded project

relating to the number of complaints of

discrimination received; the basis of

these complaints; the type and number

of tests utilized in the investigation of

each allegation; the time for case

processing, including administrative or

judicial proceedings; the cost of testing

activities and case processing; and case

outcome or relief provided. The

recipient must agree to make this log

available to HUD.
18448 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

(4) Fair Housing Organizations (FHO)

Initiative.

(i) Purpose: Continued Development

of Existing Organizations.

(A) Eligible applicants. Eligible

applicants for funding under this

purpose of the FHO Initiative are:

(1) Qualified fair housing enforcement

organizations;

(2) Other private nonprofit fair

housing enforcement organizations; and

(3) Nonprofit groups organizing to

build their capacity to provide fair

housing enforcement.

(B) Eligible activities. Eligible

activities for funding under this purpose

of the FHO Initiative are any activities

listed as eligible under the Private

Enforcement Initiative in section

I.(c)(3)(ii) of this NOFA and carried out

as one-year projects.

(C) Additional requirements. The

following requirements apply to

activities funded under the Continued

Development of Existing Organizations

purpose of the FHO Initiative:

(1) Operating budget limitation.

Funding under this purpose of the FHO

Initiative may not be used to provide

more than 50 percent of the operating

budget of a recipient organization for

any one year. For purposes of the

limitation in this paragraph, operating

budget means the applicant’s total

planned budget expenditures from all

sources, including the value of in-kind

and monetary contributions, in the year

for which funding is sought.

(2) Term of contract. One-year

projects may be for up to eighteen

months in duration.

(ii) Purpose: Establishing New

Organizations.

(A) Eligible applicants. Organizations

that are eligible to receive FY 1995

funding assistance for the purpose of

establishing new organizations under

the FHO Initiative are:

(A) Qualified fair housing

enforcement organizations.

(B) Fair housing enforcement

organizations with at least 1 year of

experience in complaint intake,

complaint investigation, testing for fair

housing violations and enforcement of

meritorious claims.

(B) Eligible activities. Eligible for

funding under this purpose of the FHO

Initiative are three-year projects that

help establish, organize, and build the

capacity of fair housing enforcement

organizations in the targeted unserved

and underserved areas identified in

sections I.(c)(4)(ii)(C), or other

underserved areas identified by the

applicant in accordance with section

I.(c)(4)(ii)(D), below, of this NOFA. The

Department has considered a number of

factors to identify the targeted areas

eligible for funding under this NOFA,

including, for example, the amount of

funds available; the lack of substantially

equivalent state or local agencies, or

private enforcement groups; and the

presence of large concentrations of

protected classes. In future NOFAs, the

Department will consider additional

targeted areas for funding.

(C) Targeted areas.

(1) A preference of ten additional

points will be given for applications that

propose to establish new fair housing

enforcement organizations in localities

within any of the following unserved

areas:

(i) New Hampshire;

(ii) Puerto Rico; and

(iii) Wyoming.

(2) A preference of five additional

points will be given for applications that

propose to establish new fair housing

enforcement organizations in localities

within any of the following underserved

areas:

(i) Alabama;

(ii) Delaware;

(iii) Oregon; and

(iv) Utah.

(3) An applicant may seek funding to

establish a new organization in a

locality not included in the list of target

areas, above, but in such a case, the

applicant must submit sufficient

evidence to establish the proposed area

as being currently underserved by fair

housing enforcement organizations and

as containing large concentrations of

protected classes. An applicant may

provide additional evidence of the need

to establish a fair housing organization

in a locality by citing data and studies

that indicate the presence of housing

discrimination and/or segregation in the

locality. An example of evidence that

may be used for this purpose is

provided in (but is not limited to) the

study, American Apartheid: Segregation

and the Making of the Underclass, by

Nancy A. Denton and Douglas S. Massey

(Harvard University Press, 1993).

(D) Additional requirements. The

following requirements apply to

activities funded under the Establishing

New Organizations purpose of the FHO

Initiative:

(1) Term of contract. Three-year

projects must be thirty-six months in

duration, with an award cap of $500,000

and with incremental funding during

the life of the award subject to periodic

performance reviews. Recipients of

multi-year awards for the purpose of

establishing new organizations under

the FHO Initiative may not apply for

additional multi-year FHO Initiative

funds until the last fiscal year of their

multi-year award.

(iii) Additional Requirements. The

following requirements apply to all

activities funded under the Fair Housing

Organizations Initiative:

(A) Testers in testing activities funded

with FHO Initiative funds must not have

prior felony convictions or convictions

of crimes involving fraud or perjury,

and they must receive training or be

experienced in testing procedures and

techniques.

(B) Projects that appear to be aimed

solely or primarily at research or datagathering unrelated to existing or

planned fair housing enforcement

programs will not be approved. Datagathering activities will require OMB

approval under the Paperwork

Reduction Act before commencement of

the activity.

(C) No recipient of assistance under

the FHO Initiative may use any funds

provided by the Department for the

payment of expenses in connection with

litigation against the United States.

(D) Recipients of funds under the

FHO Initiative shall be required to

record, in a case tracking log (or Fair

Housing Enforcement Log) to be

supplied by HUD, information

appropriate to the funded project

relating to the number of complaints of

discrimination received; the basis of

these complaints; the type and number

of tests utilized in the investigation of

each allegation; the time for case

processing, including administrative or

judicial proceedings; the cost of testing

activities and case processing; and case

outcome or relief provided. The

recipient must agree to make this log

available to HUD.

(d) Selection Criteria/Ranking Factors

(1) Selection Criteria for Ranking

Applications for Assistance

In addition to the preference points

indicated in section I.(c) for particular

activities, all projects proposed in

applications will be ranked on the basis

of the following criteria for selection:

(i) The anticipated impact of the

project proposed on the concerns

identified in the application. (20 points)

In determining the anticipated impact of

the proposed project, HUD will consider

the degree to which a proposed project

addresses problems and issues that are

significant fair housing problems and

issues, as explained in the application,

or based upon other information

available to HUD. (The clarity and

thoroughness of the project description

can be considered in this

determination.) This criterion will be

judged on the basis of the applicant’s

submissions in response to paragraph

III.(a)(1) of this NOFA under the
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18449

heading ‘‘Checklist of Application

Submission Requirements.’’

(ii) The extent to which the project

will provide benefits in support of fair

housing after funded activities have

been completed. (20 points) In

determining the extent to which the

project will provide benefits after

funded activities have been completed,

HUD will consider the degree to which

the project will be of continuing use in

dealing with housing discrimination

after funded activities have been

completed. This criterion will be judged

on the basis of the applicant’s

submissions in response to paragraph

III. (a)(6) and III.(a)(7) of this NOFA

under the heading ‘‘Checklist of

Application Submission Requirements.’’

(iii) The extent to which the project

will provide the maximum impact on

the concerns identified in a costeffective manner. (20 points) In

determining the extent to which the

project will provide the maximum

impact on the concerns identified in a

cost effective manner, HUD will

consider the quality and reasonableness

of the proposed activities, timeline and

budget for implementation and

completion of the project. HUD will

consider as well the adequacy and

clarity of proposed procedures to be

used by the agency for monitoring the

progress of the project and ensuring its

timely completion. These procedures

may consist of a system for checking

whether or not the milestones

established by the project’s timeline are

being met. The applicant’s capability in

handling financial resources (e.g.,

adequate financial control procedures,

accounting procedures) will be taken

into account as part of the assessment.

This may be evidenced by the

applicant’s financial management of

previous FHIP or other civil rights

project management, a certification from

the cognizant auditor, and other

documentation. This criterion will be

judged on the basis of the applicant’s

submissions in response to paragraphs

III.(a)(2), and III.(a)(5) of this NOFA

under the heading ‘‘Checklist of

Application Submission Requirements.’’

(iv) The extent to which the

applicant’s professional and

organizational experience will further

the achievement of project goals. (30

points) In determining the extent to

which the applicant’s professional and

organizational experience will further

the achievement of the project’s goals,

HUD will consider the applicant’s

experience in formulating and carrying

out programs to prevent or eliminate

discriminatory practices, including the

applicant’s management of past and

current FHIP or other civil rights

projects, the experience and

qualifications of existing personnel

identified for key positions, or a

description of the qualifications of new

staff that will be hired, including

subcontractors/consultants. For

organizations submitting an application

under the Education and Outreach

Initiative, HUD will consider both fair

housing experience and experience in

implementing education, outreach or

public information programs. This

criterion will be judged on the basis of

the applicant’s submissions in response

to paragraph III.(a)(3) of this NOFA

under the heading ‘‘Checklist of

Application Submission Requirements.’’

(v) The extent to which the project

utilizes other public or private resources

that may be available. (10 points). Both

monetary and in-kind resources

identified in the application are eligible

for determining the extent to which

other public or private resources are

available. The resources that will be

considered must be targeted specifically

for the proposed project, and must be

over and above the resources available

to the applicant as a part of its usual,

non-project operations for such

expenses as salaries, equipment,

supplies, and rent. This criterion will be

judged on the basis of the applicant’s

submissions in response to paragraph

III.(a)(4) of this NOFA under the

heading ‘‘Checklist of Application

Submission Requirements.’’

(2) Selection Process

Each application for funding will be

evaluated competitively, and awarded

points based on the Selection Criteria

for Ranking Applications for Assistance

identified in section I.(d)(1) of this

NOFA. The final decision rests with the

Assistant Secretary or designee. After

eligible applications are evaluated

against the factors for award and

assigned a score, they will be organized

by rank order. The rank ordering will be

done separately for: each Initiative; each

program component (national, regional/

local, and community-based) of the

Education and Outreach Initiative; or

each purpose (continued development

of existing organizations, and

establishing new organizations) under

the Fair Housing Organizations

Initiative. Awards for each Initiative

will be funded in rank order until all

available funds have been obligated, or

until there are no acceptable

applications.

(3) Cost Factors

The Department expects to fund

multiple applications as a result of this

NOFA. At some point, however, two or

more complete and eligible

applications, after evaluation against the

Selection Criteria, may be considered

equal in technical merit. At that point,

the project’s cost will become the

deciding factor. Furthermore, an

applicant’s proposal will not be funded

when costs are determined to be

unrealistically low or unreasonably

high.

(4) Applicants Limited to a Single

Award

Applicants may apply for funding for

more than one project or activity,

however applicants are limited to a

single award under this NOFA. If more

than one eligible application is

submitted by an applicant and is within

funding range, the Department will

select the award that is most favorable

to both the applicant and the

Department. In such cases, the

Department will select the application

that proposes a project or activity for the

greatest length of time. If all such

applications from the applicant are for

the same duration, the Department will

select the application that represents the

largest funding award.

(5) Independence of Awards

Each project or activity proposed in

an application must be independent and

capable of being implemented without

reliance on the selection of other

applications submitted by the applicant

or other applicants.

(e) Applicant Notification and Award

Procedures

(1) Notification

No information will be available to

applicants during the period of HUD

evaluation, except for notification in

writing to those applicants that are

determined to be ineligible or that have

technical deficiencies in their

applications that may be corrected.

Selectees will be announced by HUD

upon completion of the evaluation

process, subject to final negotiations and

award.

(2) Negotiations

After HUD has ranked the

applications and made an initial

determination of applicants whose

scores are within the funding range (but

before the actual award), HUD may

require that applicants in this group

participate in negotiations to determine

the specific terms of the cooperative or

grant agreement. In cases where it is not

possible to conclude the necessary

negotiations successfully, awards will

not be made.

If an award is not made to an

applicant whose application is in the

initial funding threshold because of an
18450 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

inability to complete successful

negotiations, and if funds are available

to fund any applications that may have

fallen outside the initial funding

threshold, HUD will select the next

highest ranking applicant and proceed

as described in the preceding paragraph.

(3) Funding Instrument

HUD expects to award a cost

reimbursable or fixed-price cooperative

or grant agreement to each successful

applicant. HUD reserves the right,

however, to use the form of assistance

agreement determined to be most

appropriate after negotiation with the

applicant.

(4) Reduction of Requested Grant

Amounts and Special Conditions

HUD may approve an application for

an amount lower than the amount

requested, fund only portions of an

application, withhold funds after

approval, and/or require the grantee to

comply with special conditions added

to the grant agreement, in accordance

with 24 CFR part 85.12, the

requirements of this NOFA, or where:

(i) HUD determines the amount

requested for one or more eligible

activities is unreasonable or

unnecessary;

(ii) The application does not

otherwise meet applicable cost

limitations established for the program;

(iii) The applicant has requested an

ineligible activity;

(iv) Insufficient amounts remain in

that funding round to fund the full

amount requested in the application and

HUD determines that partial funding is

a viable option;

(v) The applicant has demonstrated an

inability to manage HUD grants,

particularly Fair Housing Initiatives

Program grants; or

(vi) For any other reason where good

cause exists.

(5) Performance Sanctions

A recipient failing to comply with the

procedures set forth in its grant

agreement will be liable for such

sanctions as may be authorized by law,

including repayment of improperly used

funds, termination of further

participation in the FHIP, reduction or

limitation of further funding for

administrative enforcement activities,

and denial of further participation in

programs of the Department or of any

Federal agency.

II. Application Process

An application kit is required as the

formal submission to apply for funding.

The kit includes information on the

Management Work Plan and Budget for

activities proposed by the applicant. An

application may be obtained by writing

the Fair Housing Information

Clearinghouse, Circle Solutions, Inc.

8201 Greensboro Drive, Suite 600,

McLean, VA 22102, or by calling the toll

free number 1–800–343–3442 (voice) or

1–800–290–1617 (TDD). To ensure a

prompt response, it is suggested that

requests for application kits be made by

telephone.

Completed applications are to be

submitted to Sharon Bower, Office of

Fair Housing and Equal Opportunity,

Department of Housing and Urban

Development, Room 5234, 451 Seventh

Street, SW., Washington, DC 20410.

The application due date will be

specified in the application kit.

However, applicants will be given at

least 70 days from today’s date, until

June 20, 1995, to submit their

applications. Applications will be

accepted if they are received on or

before the application due date, or are

received within 7 days after the

application due date, but with a U.S.

postmark or receipt from a private

commercial delivery service (such as,

Federal Express or DHL) that is dated on

or before the application due date.

The application deadline is firm as to

date. In the interest of fairness to all

competing applicants, the Department

will treat as ineligible for consideration

any application that is received after the

deadline. Applicants should take this

practice into account and make early

submission of their materials to avoid

any risk of loss of eligibility brought

about by unanticipated delays or other

delivery-related problems. A

transmission by facsimile machine

(‘‘FAX’’) will not constitute delivery.

An applicant may apply for funding

for more than one project or activity, but

a separate application must be

submitted for each of the following

categories of funding:

(1) Administrative Enforcement

Initiative activities;

(2) National programs under the

Education and Outreach Initiative;

(3) Regional or local activities under

the Education and Outreach Initiative;

(4) Community-based activities under

the Education and Outreach Initiative;

(5) Four-year projects under the

Private Enforcement Initiative;

(6) Continued Development of

Existing Organizations activities under

the Fair Housing Organizations

Initiative; and

(7) Three-year projects under the Fair

Housing Organizations Initiative for

Establishing New Organizations.

Although a separate application is

required for each funding category, an

application may propose more than one

type of eligible activity under each

category. For example, both production

and distribution of a public service

message may be proposed in a single

application for a national program

under the Education and Outreach

Initiative.

Applicants must submit all

information required in the application

kit and must include sufficient

information to establish that the

application meets the selection criteria

set forth in section I.(d), above, of this

NOFA.

III. Checklist of Application

Submission Requirements

(a) General requirements. The

application kit will contain a checklist

of application submission requirements

to complete the application process.

Each application for FHIP funding must

contain the following items:

(1) A description of the activities

proposed for funding, and the practice

or practices at the community, local,

regional or national level that have

adversely affected the achievement of

the goal of fair housing, and that will be

addressed by the proposed activities.

This description must include a

discussion and analysis of the housing

practices identified, including available

information and studies relating to

discriminatory housing practices and

their historical background, and

relevant demographic data indicating

the nature and extent of the impact of

the described practices on persons

seeking dwellings or services related to

the sale, rental or financing of

dwellings, in the general location where

the applicant proposes to undertake

activities;

(2) A budget—which must include

$5,000 per year—to be used for travel

and associated costs for training

sponsored or approved by the

Department—and a timeline for the

implementation of the proposed

activities, consisting of a description of

the specific activities to be conducted

with FHIP funds, the geographic areas to

be served by the activities, any reports

to be produced in connection with the

activities, the cost of each proposed

activity and a schedule for the

implementation and completion of the

activities;

(3) A description of the applicant’s

experience in formulating or carrying

out programs to prevent or eliminate

discriminatory housing practices or in

implementing other civil rights

programs, the experience and

qualifications of existing personnel

identified for key positions, or a

description of the qualifications of new
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18451

staff to be hired, including

subcontractors/consultants;

(4) A statement indicating the need

for FHIP funding in support of the

proposed project and an estimate of

other public or private resources that

may be available to assist the proposed

activities;

(5) A description of the procedures to

be used by the applicant for monitoring

the progress of the proposed activities

and the applicant’s planned or

implemented financial control

procedures that will demonstrate the

applicant’s capability in managing

financial resources;

(6) A description of the fair housing

benefits that successful completion of

the project will produce, and the

indicators by which these benefits are to

be measured;

(7) A description of the degree to

which the project will be of continuing

use in dealing with housing

discrimination after funded activities

have been completed; and

(8) HUD Form 2880, Applicant

Disclosures;

(9) A listing of any current or pending

grants or contracts, or other business or

financial relationships or agreements, to

provide training, education, and/or selftesting services between the applicant

and any entity or organization of entities

involved in the sale, rental, advertising

or provision of brokerage or lending

services for housing. The listing must

include the name and address of the

entity or organization; a brief

description of the services being

performed or for which negotiations are

pending; the dates for performance of

the services; and the amount of the

contract or grant. This listing must be

updated during the grant negotiation

period, at the end of the grant term, and

for grants that will run for more than

twelve months, at the end of the twelfth

month.

(10) The applicant must submit a

certification and disclosure in

accordance with the requirements of

section 319 of the Department of the

Interior Appropriations Act (Pub. L.

101–121, approved October 23, 1989), as

implemented in HUD’s interim final

rule at 24 CFR part 87, published in the

Federal Register on February 26, 1990

(55 FR 6736). This statute generally

prohibits recipients and subrecipients of

Federal contracts, grants, cooperative

agreements and loans from using

appropriated funds for lobbying the

Executive or Legislative Branches of the

Federal Government in connection with

a specific contract, grant, or loan. If

warranted, the applicant should include

the Disclosure of Lobbying Activities

form (SF–LLL).

(11) Prior to award execution,

successful applicants must submit a

certification that they will comply with

the certification requirements contained

in the application kit.

(b) Additional Education and

Outreach Initiative requirements. In

addition to meeting the application

requirements contained in section III.(a),

above, all proposals under the

Education and Outreach Initiative must

include the following:

(1) A description of how the activities

or the final products of the projects can

be used by other agencies and

organizations and what modifications, if

any, would be necessary for that

purpose.

(2) Coordination of activities. Each

non-governmental applicant for funding

under the Education and Outreach

Initiative that is located within the

jurisdiction of a State or local

enforcement agency or agencies

administering a fair housing law that

has been certified by the Department

under 24 CFR part 115 as being a

substantially equivalent fair housing

law must provide, with its application,

documentation that it has consulted

with the agency or agencies to

coordinate activities to be funded under

the Education and Outreach Initiative.

This coordination will ensure that the

activities of one group will minimize

duplication and fragmentation of

activities of the other. Failure to submit

the documentation required by this

section will be treated as a technical

deficiency in accordance with section

IV., below, of this NOFA.

(3) Every regional/local or

community-based program application

must include as one of its activities a

procedure for referring persons with

Fair Housing complaints to State or

local agencies, private attorneys, or

HUD and the Department of Justice for

further enforcement processing.

(c) Additional Private Enforcement

Initiative requirements. In addition to

meeting the application requirements

contained in section III.(a), above, all

proposals for testing under the Private

Enforcement Initiative must include:

(1) Documentation that the applicant

has at least one year of experience in

carrying out a program to prevent or

eliminate discriminatory housing

practices, and has sufficient knowledge

of fair housing testing to enable the

applicant to implement a testing

program successfully;

(2) A certification providing that the

applicant will not solicit funds from or

seek to provide fair housing educational

or other services or products for

compensation, directly or indirectly, to

any person or organization which has

been the subject of testing by the

applicant during a 12 month period

following the test.

(d) Additional Fair Housing

Organizations Initiative requirements. In

addition to meeting the application

requirements contained in section III.(a),

above, the following application

submission requirements apply to

proposals under the Fair Housing

Organizations Initiative:

(1) Each applicant under the

continued development of existing

organizations purpose of the Fair

Housing Organizations Initiative must

submit an operating budget that

describes the applicant’s total planned

expenditures from all sources, including

the value of in-kind and monetary

contributions, in the year for which

funding is sought. This operating budget

will be used for the purposes of

determining the extent of the 50%

funding limitation on operating

expenses.

(2) All proposals for testing under the

Fair Housing Organizations Initiative

must certify that the applicant will not

solicit funds from or seek to provide fair

housing educational or other services or

products for compensation, directly or

indirectly, to any person or organization

which has been the subject of testing by

the applicant during a 12 month period

following the test.

IV. Corrections to Deficient

Applications

Applicants will not be disqualified

from being considered for funding

because of technical deficiencies in

their application submission, e.g., an

omission of information such as

regulatory/program certifications, or

incomplete signatory requirements for

application submission.

HUD will notify an applicant in

writing of any technical deficiencies in

the application. The applicant must

submit corrections within 14 calendar

days from the date of HUD’s letter

notifying the applicant of any technical

deficiency.

The 14-day correction period pertains

only to non-substantive, technical

deficiencies or errors. Technical

deficiencies relate to items that:

1. Are not necessary for HUD review

under selection criteria/ranking factors;

and

2. Would not improve the substantive

quality of the proposal.

V. Other Matters

Prohibition Against Lobbying Activities

The use of funds awarded under this

NOFA is subject to the disclosure

requirements and prohibitions of
18452 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

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.

Environmental Impact

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with the

Department’s regulations at 24 CFR Part

50 which implement Section 102(2)(C)

of the National Environmental Policy

Act of 1969 (42 U.S.C. 4332). The

Finding of No Significant Impact is

available for public inspection between

7:30 a.m. and 5:30 p.m. weekdays at the

Office of the Rules Docket Clerk, Room

10276, Department of Housing and

Urban Development, 451 Seventh Street,

S.W., Washington, DC 20410.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that the policies announced

in this Notice would not have a

significant impact on the formation,

maintenance, and general well-being of

families except indirectly to the extent

of the social and other benefits expected

from this program of assistance.

Executive Order 12612, Federalism

The General Counsel has determined,

as the Designated Official for HUD

under section 6(a) of Executive Order

12612, Federalism, that the policies

contained in this Notice will not have

federalism implications and, thus, are

not subject to review under the Order.

The promotion of fair housing policies

is a recognized goal of general benefit

without direct implications on the

relationship between the national

government and the states or on the

distribution of power and

responsibilities among various levels of

government.

Drug-Free Workplace Certification

The Drug-Free Workplace Act of 1988

requires grantees of Federal agencies to

certify that they will provide drug-free

workplaces. Thus, each applicant must

certify that it will comply with drug-free

workplace requirements in accordance

with 24 CFR part 24, subpart F.

Accountability in the Provision of HUD

Assistance

HUD has promulgated a final rule to

implement section 102 of the

Department of Housing and Urban

Development Reform Act of 1989 (HUD

Reform Act). The final rule 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 14,

1992, HUD published at 57 FR 1942

additional information that gave the

public (including applicants for, and

recipients of, HUD assistance) further

information on the implementation of

section 102. The documentation, public

access, and disclosure requirements of

section 102 are applicable to assistance

awarded under this NOFA as follows:

Documentation and public access

requirements HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this NOFA are sufficient to

indicate the basis upon which

assistance was provided or denied. This

material, including any letters of

support, will be made available for

public inspection for a five-year period

beginning not less than 30 days after the

award of the assistance. Material will be

made available in accordance with the

Freedom of Information Act (5 U.S.C.

552) and HUD’s implementing

regulations at 24 CFR part 15. In

addition, HUD will include the

recipients of assistance pursuant to this

NOFA in its quarterly Federal Register

notice of all recipients of HUD

assistance awarded on a competitive

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

and the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

documentation and public access

requirements.)

Disclosures HUD will make available

to the public for five years all applicant

disclosure reports (HUD Form 2880)

submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

Information Act (5 U.S.C. 552) and

HUD’s implementing regulations at 24

CFR part 15. (See 24 CFR subpart C, and

the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

disclosure requirements.)

Section 103 HUD Reform Act

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 was published May

13, 1991 (56 FR 22088) and became

effective on June 12, 1991. That

regulation, codified as 24 CFR Part 4,

applies to the funding competition

announced today. The requirements of

the rule continue to apply until the

announcement of the selection of

successful applicants. HUD employees

involved in the review of applications

and in the making of funding decisions

are limited by Part 4 from providing

advance information to any person

(other than an authorized employee of

HUD) concerning funding decisions, or

from otherwise giving any applicant an

unfair competitive advantage. Persons

who apply for assistance in this

competition should confine their

inquiries to the subject areas permitted

under 24 CFR Part 4.

Applicants who have questions

should contact the HUD Office of Ethics

(202) 708–3815 (TDD/Voice). (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.

Section 112 HUD Reform Act

Section 13 of the Department of

Housing and Urban Development Act

contains two provisions dealing with

efforts to influence HUD’s decisions

with respect to financial assistance. The

first imposes disclosure requirements on

those who are typically involved in

these efforts—those who pay others to

influence the award of assistance or the

taking of a management action by the

Department and those who are paid to

provide the influence. The second

restricts the payment of fees to those

who are paid to influence the award of

HUD assistance, if the fees are tied to

the number of housing units received or

are based on the amount of assistance

received, or if they are contingent upon

the receipt of assistance.
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18453

Section 13 was implemented by final

rule published in the Federal Register

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

Authority: 42 U.S.C. 3601–3619; 42 U.S.C.

3616 note.

Dated: March 20, 1995.

Roberta Achtenberg,

Assistant Secretary for Fair Housing and

Equal Opportunity.

[FR Doc. 95–8784 Filed 4–10–95; 8:45 am]

BILLING CODE 4210–28–P