`[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26362-26369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13073]




[[Page 26361]]


_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity; NOFA for Fair Housing Initiatives Program; FY 1996 
Competitive Solicitation; Notice

  Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / 
Notices  

[[Page 26362]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4047-N-01]


Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity; NOFA for Fair Housing Initiatives Program; FY 1996 
Competitive Solicitation

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: This NOFA announces the availability of up to $12,106,000 of 
1996 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 NOFA. The actual application due 
date will be specified in the application kit. However, applicants will 
be given at least 60 days from today's date, until July 23, 1996, 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, P.O. Box 9146, McLean, VA 
22102, or call the toll free number 1-800-343-3442 (voice) or 1-800-
290-1617 (TTY). Please also contact this number if information 
concerning this NOFA is needed in an accessible format.

FOR FURTHER INFORMATION CONTACT: Sharon Bower, Special Assistant, 
Office of Fair Housing Initiatives and Voluntary Programs, Room 5234, 
451 Seventh Street, S.W., Washington, D.C. 20410-2000. Telephone number 
(202) 708-0800. A telecommunications device for hearing and speech 
impaired persons is available at (202) 708-0800. (These are not toll-
free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget in accordance with 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned 
OMB control number 2529-0033. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless the collection displays a valid control number.

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. The final rule implementing these statutory amendments was 
published on November 27, 1995 (60 FR 58446).
    The primary objective of this NOFA is to provide funds for the 
purpose of sustaining and supporting the activities of fair housing 
enforcement organizations. The limited amount of funding prevents the 
Department from embarking on new projects or initiatives. Instead, it 
prompts the Department to promote supporting those new fair housing 
enforcement organizations created under previous FHIP competitions and 
giving preference to those FHIP recipients whose grants expire between 
September 30, 1995 and December 31, 1996.
    Definitions: The term ``qualified fair housing enforcement 
organization'' (the only eligible applicants under this NOFA) is given 
a specific definition in section 905. In addition, the November 27, 
1995 final rule defines the term ``meritorious claim,'' which is used 
in the statutory definition of ``qualified fair housing enforcement 
organization.'' Applicants should note that the definition of 
``meritorious claim'' is only relevant as a part of the definition of 
QFHO, and does not impose a limit on the kinds of activities that may 
be funded under FHIP. These definitions, which apply to this NOFA, are 
as follows:
    Qualified fair housing enforcement organization (QFHO) means any 
organization, whether or not it is solely engaged in fair housing 
enforcement activities, that--
    (1) Is organized as a private, tax-exempt, 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. For the purpose 
of meeting the 2-year qualification period for these activities it is 
not necessary that the activities were conducted simultaneously, as 
long as each activity was conducted for 2 years. It is also not 
necessary for the activities to have been conducted for 2 consecutive 
or continuous years. An organization may aggregate its experience in 
each activity over the 3 year period preceding its application to meet 
the 2-year qualification period requirement.
    Meritorious claims means enforcement activities by an

[[Page 26363]]

organization that resulted in lawsuits, consent decrees, legal 
settlements, HUD and/or substantially equivalent agency (under 24 CFR 
115.6) conciliations and organization initiated settlements with the 
outcome of monetary awards for compensatory and/or punitive damages to 
plaintiffs or complaining parties, or other affirmative relief, 
including the provision of housing.
    On July 14, 1995, HUD announced a public meeting to be held July 
21, 1995 (60 FR 36301). The purpose of the meeting was to solicit 
comments on the FHIP. Additionally, on August 3, 1995, HUD invited 
written public comments on the FHIP (60 FR 39769). During the comment 
period, which ended August 15, 1995, HUD received public comments. HUD 
is grateful for public comments and has considered them in the 
development of the FY 1996 FHIP NOFA and Application Kit.
    The program components of FHIP are described in the Catalog of 
Federal Domestic Assistance at 14.409, Education and Outreach 
Initiative; 14.410, Private Enforcement Initiative; and 14.413, Fair 
Housing Organizations Initiative.

(b) Allocation Amounts

    For FY 1996, The Omnibus Consolidated Rescissions and 
Appropriations Act of 1996 (Pub. L. 104-134, approved April 26, 1996) 
appropriated $30 million for Fair Housing activities, of which $17 
million is being made available for the FHIP. Of this amount, 
$4,894,000 is being utilized for the FY 1996 funding of FY 1995 awards. 
These awards were made to nine organizations that submitted 
applications under the FY 1995 FHIP NOFA and received scores making 
them the next eligible applicants for funding, but that did not receive 
FY 1995 funding. The remaining $12,106,000 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, and any 
other factors described in this NOFA under the heading, below, 
Selection Process.
    The full cost of FY 1996 multi-year awards under the Private 
Enforcement Initiative will be funded from FY 96 funds. Recipients of 
48 month PEI FHIP grant awards based upon applications submitted under 
the FY 1995 FHIP NOFA, RFA-95-1 (FR-3878, published April 11, 1995, 60 
FR 18444), may not apply in the FY 1996 competition for multi-year 
Private Enforcement Initiative awards.
    The Department retains the right to shift funds among the FHIP 
Initiatives listed below, within statutorily prescribed limitations. 
The amounts included in this NOFA are subject to change based on fund 
availability. The amount of FY 1996 funding available for the FHIP is 
divided among three FHIP Initiatives as follows:
    (1) Education and Outreach Initiative (EOI). The amount of 
$2,000,000 in FY 1996 funds is being used for the Education and 
Outreach Initiative for single year projects. Of this amount, $185,677 
is made available under this NOFA for national Education and Outreach 
Initiative programs, with an award cap of $185,677, and $1.0 million in 
FY 1996 funds is made available under this NOFA for regional, local, 
and community based programs, with an award cap of $125,000. 
Furthermore, $814,323 will be utilized for the FY 1996 funding of FY 
1995 awards.
    (2) Private Enforcement Initiative (PEI). The amount of $12 million 
in FY 1996 funds is being used for the PEI. Funds are made available 
under this NOFA in the amount of $7,920,323 for 24 to 36 month 
projects, with an award cap of $500,000 and with incremental funding 
during the life of the award subject to periodic performance reviews. 
The amount of $4,079,677 will be used for the FY 1996 funding of FY 
1995 awards.
    Recipients of multi-year PEI awards based upon applications 
submitted under RFA 95-1 for 48-month projects may not apply for multi-
year PEI funds made available under this NOFA. This restriction does 
not apply to 24 month projects with FY 95 funding.
    (3) Fair Housing Organizations Initiative (FHOI). The amount of 
$3,000,000 is made available under this NOFA for the FHOI, to be used 
for the continued development of fair housing enforcement 
organizations, with an award cap of $250,000.

(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) Education and Outreach Initiative.
    (i) Eligible applicants. The only organizations that are eligible 
to receive FY 1996 funding under the Education and Outreach Initiative 
are qualified fair housing enforcement organizations (QFHOs);
    (ii) Eligible activities. (A) In general. Each application for 
Education and Outreach Initiative funding must identify if it proposes 
a national, regional, 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) Activities that support the Fair Housing planning requirement 
of State and local governments subject to the Consolidated Plan (24 CFR 
part 91). These activities include (a) conducting an analysis of 
impediments to fair housing choice and (b) undertaking actions to 
eliminate the identified impediments.
    (2) 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;
    (3) Providing guidance to housing providers on meeting their Fair 
Housing Act obligation to make reasonable accommodations for persons 
with disabilities;
    (4) Providing fair housing counseling services, including the 
subjects of pre- and post-purchase counseling (mortgage lending, 
appraisal, and insurance and/or rental);
    (5) Developing informative material on fair housing rights and 
responsibilities;
    (6) Developing fair housing and affirmative marketing instructional 
material for educational programs for housing industry groups;
    (7) Providing educational materials, seminars and working sessions 
for schools, civic associations, neighborhood organizations, and other 
groups to support community based education and outreach efforts;
    (8) Developing 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) Developing mechanisms for the identification of, and quick 
response to, housing discrimination cases involving the threat of 
physical harm;
    (11) Developing materials and providing technical assistance to 
support compliance with housing adaptability and accessibility 
guidelines contained in the 1988 Fair Housing Amendments Act;
    (12) Developing or implementing Fair Housing Month activities.
    (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

[[Page 26364]]

housing media products or educational materials that may appropriately 
be used on a nationwide basis. All activities listed in paragraph 
I.(c)(2)(ii)(A) above are eligible as national projects.
    (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 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, local and community-based programs. (1) Activities 
eligible to be funded as regional, local and community-based programs 
include any of the activities, to be implemented on a regional, local 
or community-based level, listed in paragraph I.(c)(2)(ii)(A) 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. 
Activities that are ``community based'' in scope are those which are 
focused on particular neighborhoods within a unit of general local 
government. Community-based programs include school, church and 
community presentations, conferences or other educational activities.
    (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 twelve to eighteen months in 
duration. National projects have an award cap of $185,677. Regional, 
local and community based projects have an award cap of $125,000. 
Applications which request FHIP funding in excess of the award cap will 
be deemed ineligible.
    (C) Projects that appear to be aimed solely or primarily at 
research or data-gathering, including surveys and questionnaires, will 
not be eligible under this NOFA. Such data-gathering activities require 
OMB approval under the Paperwork Reduction Act before commencement of 
the activity.
    (D) All proposals must contain 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.
    (E) Coordination of activities. Each non-governmental applicant for 
funding under the Education and Outreach Initiative Regional, Local and 
Community-Based Component 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 (such as letters between the two 
organizations) 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.
    (F) Every application must include as one of its activities a 
procedure for referring persons with Fair Housing complaints to State 
or local agencies administering substantially equivalent laws, private 
attorneys, HUD or the Department of Justice for further enforcement 
processing.
    (2) Private Enforcement Initiative (PEI). 
    (i) Eligible applicants. The only organizations that are eligible 
to receive FY 1996 funding assistance under the PEI are qualified fair 
housing enforcement organizations (QFHOs). NOTE: Recipients of multi-
year (48 month) PEI FHIP grant awards based upon applications submitted 
under RFA-95-1 may not apply in the FY 1996 competition for multi-year 
PEI awards.
    (ii) Eligible activities. Applications are solicited for multi-year 
project proposals as described in this NOFA. Applications may designate 
up to 20% of requested funds to conduct education and outreach to 
promote awareness of the services provided by the project, but such 
promotion must be necessary for the successful implementation of the 
project.
    (A) Bonus Points. PEI applications from FHIP grant recipients whose 
period of performance for all FHIP grants expired/will expire between 
September 30, 1995 and December 31, 1996, will receive a bonus of ten 
additional points.
    (B) Project applications may involve, but are not limited to, the 
following:
    (1) Discovering and providing remedies for discrimination in the 
public or private real estate markets and real estate-related 
transactions, including, but not limited to, the making or purchasing 
of loans and the provision of other financial assistance for sales and 
rentals of housing, such as property insurance, appraisal practices, 
and housing advertising;
    (2) Conducting investigations of systemic housing discrimination 
for further enforcement processing by HUD or State or local agencies 
which administer laws that are substantially equivalent to the Fair 
Housing Act, or for referral to private attorneys or the Department of 
Justice;
    (3) Professionally conducting testing or other investigative 
support for administrative and judicial enforcement of fair housing 
laws;
    (4) Linking fair housing organizations regionally in enforcement 
activities designed to combat broader housing market discriminatory 
practices;
    (5) 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;
    (6) 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;
    (7) Providing funds for the costs and expenses of litigating fair 
housing cases, including expert witness fees.
    (iii) Additional requirements.
    (A) Testers in testing activities funded with PEI 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. Testers and the organizations conducting 
tests, and the employees and agents of these organizations may not:
    (1) Have an economic interest in the outcome of the test, without 
prejudice to the right of any person or entity to recover damages for 
any cognizable injury;
    (2) Be a relative of any party in a case;
    (3) Have had any employment or other affiliation, within one year, 
with the person or organization to be tested; or

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    (4) Be a licensed competitor of the person or organization to be 
tested in the listing, rental, sale, or financing of real estate.
    (B) Multi-year projects must be for 24-36 months in duration, with 
an award cap of $500,000. Successful projects will receive incremental 
funding during the life of the award subject to periodic performance 
reviews. Applications which request FHIP funding in excess of the award 
cap will be deemed ineligible.
    (C) Projects that appear to be aimed solely or primarily at 
research or data-gathering, including surveys and questionnaires 
unrelated to existing or planned fair housing enforcement programs, 
will not be eligible for funding under this NOFA. Data-gathering 
activities require OMB approval under the Paperwork Reduction Act 
before commencement of the activity.
    (D) In accordance with 24 CFR 125.104(f), no recipient of 
assistance under the PEI 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.
    (F) All proposals 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. This requirement 
does not preclude settlements based on investigative findings.
    (3) Fair Housing Organizations Initiative (FHOI).
    (i) Purpose: Continued Development of Existing Organizations.
    (A) Eligible applicants. The only organizations eligible under this 
NOFA to apply under this purpose of the FHOI are: qualified fair 
housing enforcement organizations (QFHOs).
    (B) Eligible activities. Eligible activities for funding under this 
purpose of the FHOI are any activities listed as eligible under the 
Private Enforcement Initiative in section I.(c)(2)(ii) of this NOFA and 
carried out as twelve to eighteen month projects. However, all 
applications must be for the sole purpose of providing direct services/
support to sustain the operations of the new fair housing enforcement 
organizations created under the FY 93 FHIP NOFA (58 FR 68000, December 
22, 1993) and the FY 94 FHIP NOFA (59 FR 25532, May 16, 1994). (The 
full listing of these organizations will be included in the Application 
Kit.)
    The list of eligible activities are examples only, and is not all 
inclusive. In addition to the examples listed in section I.(c)(2)(ii), 
other eligible activities include:
    (1) Technical assistance and mentoring services for the new 
organization(s);
    (2) Training for the staff of the new organization(s);
    (3) Up to 20% of requested funds to conduct education and outreach 
to promote awareness of the services provided by the new 
organization(s), but such promotion must be necessary for the 
successful implementation of the project;
    (4) Other costs relating to the operations of the new 
organization(s):
    (i) Salaries and fringe benefits;
    (ii) Rent, leases, supplies and other direct costs;
    (iii) Travel connected with funded activities;
    (iv) Testing and litigation expenses, and
    (v) Indirect costs.
    (C) Additional Requirements. The following requirements apply to 
activities funded under the Continued Development of Existing 
Organizations purpose of the FHOI:
    (1) Limitation on Sponsorship. Applicants may only propose to 
support up to two (2) new fair housing enforcement organizations under 
a single award. Applicants must include with their applications letters 
of support for the proposed activities from the new organization(s) 
identified for sponsorship and detailed budgets for both the applicant 
and the new organization(s).
    (2) Limitation on Awards. The limitation of receiving one award 
cited in this NOFA at I.(d)(3) will be modified for applicants that 
submit successful applications under the FHOI. In such cases, FHOI 
recipients will also be eligible to receive one additional award under 
either the PEI or EOI.
    (3) Eligible applications involving the same new fair housing 
enforcement organization(s). If more than one eligible application 
proposes to support the same new organization(s), the applicant 
receiving the higher overall score will be selected for funding.
    (4) Capacity building. Capacity building activities must be 
directed toward building capacity of the new fair housing enforcement 
organization(s) to provide fair housing enforcement. Thus, applications 
which include non-enforcement related activities as a part of the 
project will not be approved and corresponding budget reductions will 
be made to the award.
    (5) Operating budget limitation. Funding provided under this 
purpose of the FHOI may not exceed 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. Additionally, the grant recipient is 
limited to expending no more than 25% of the amount requested in the 
application for the purpose of covering the grantee's costs in 
providing sponsorship support to the new organization(s).
    (6) Term of grant. One-year projects may be from twelve to eighteen 
months in duration, with an award cap of $250,000. Applications which 
request FHIP funding in excess of the award cap will be deemed 
ineligible.
    (7) Testers in testing activities funded with FHIP 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. Testers and the organizations conducting 
tests, and the employees and agents of these organizations may not:
    (i) Have an economic interest in the outcome of the test, without 
prejudice to the right of any person or entity to recover damages for 
any cognizable injury;
    (ii) Be a relative of any party in a case;
    (iii) Have had any employment or other affiliation, within one 
year, with the person or organization to be tested; or
    (iv) Be a licensed competitor of the person or organization to be 
tested in the listing, rental, sale, or financing of real estate.
    (8) Projects that appear to be aimed solely or primarily at 
research or data-gathering including surveys and questionnaires will 
not be eligible for funding under this NOFA. Data-gathering activities 
require OMB approval under the Paperwork

[[Page 26366]]

Reduction Act before commencement of the activity.
    (9) 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 12-18 months 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.
    (10) 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. This does not preclude 
settlement based on investigative findings.

(d) Selection Criteria/Rating Factors

(1) Selection Criteria for Rating Applications for Assistance
    In addition to the preference points indicated in section 
I.(c)(1)(ii)(B)(2) for particular activities, and in section 
I.(c)(1)(ii)(A) for PEI applications from FHIP grant recipients whose 
period of performance for all FHIP grants expired/will expire, all 
projects proposed in applications will be rated 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 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 paragraphs 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 cost-effective 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 grants 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 and 
performance under 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 and the experience of 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 will 
be used. 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 Rating Applications 
for Assistance identified in section I.(d)(1) of this NOFA. The final 
decision rests with the Assistant Secretary for Fair Housing and Equal 
Opportunity 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 
four categories: PEI; EOI-National; EOI-Regional, local and community-
based; and FHOI-Continued Development of Existing Organizations. Awards 
for each category listed above will be funded in rank order until all 
available funds have been obligated, or until there are no acceptable 
applications, with one exception. If more than one eligible application 
under the FHOI competition proposes to support the same new fair 
housing enforcement organization(s), the applicant receiving the higher 
overall score will be selected for funding. The Assistant Secretary 
will have the discretion to make awards out of rank order to provide 
broader geographic representation among funded organizations and to 
provide enforcement of fair housing rights for all protected classes in 
a particular geographic region. When there is a tie in the overall 
total score, the award will be made to the applicant that receives a 
total higher number of cumulative

[[Page 26367]]

points under Selection Criteria (i) and (iv) of section I.(d)(1), 
above. If these scores are identical then geographical consideration 
will be the next variable, followed by the grant with the lower request 
for FHIP funding.
(3) Applicants Limited to a Single Award
    Applicants may apply for funding for more than one project or 
activity. However, applicants are limited to one award under this NOFA, 
with one exception. The limitation of receiving one award will be 
modified for applicants that submit successful applications under the 
FHOI. In such cases, FHOI recipients will also be eligible to receive 
one additional award under either the PEI or EOI. In all other cases, 
if more than one eligible application is submitted by an applicant and 
both are within funding range, the Department will select the 
application which the applicant has indicated as its preference for 
award should more than one application submitted be within funding 
range.
(4) 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. However, this provision does not preclude an applicant from 
submitting a proposal which includes other organizations as 
subcontractors to the proposed project or activity.
(5) Project Starting Period
    The Department has determined that all applications must propose 
that the project will begin during the period October 1-December 1, 
1996.
(6) Page Limitation
    Applicants will be limited to 10 pages of narrative responses for 
each of the five selection criteria (this does not include forms or 
documents which are required under each criterion). Furthermore, 
brochures, news articles or other examples included in the application 
will not be considered in the evaluation process. Applicants that 
exceed the 10-page limit for each criterion will only have the first 10 
pages evaluated for each criterion. Failure to provide narrative 
responses to all five criteria will result in an application being 
deemed as ineligible.

(e) Applicant Notification and Award Procedures

(1) Notification
    No information will be available to applicants during the period of 
HUD evaluation, approximately 90 days, 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 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 84.14, 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 applicant has proposed an ineligible activity in an 
otherwise eligible project;
    (iii) 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;
    (iv) The applicant has demonstrated an inability to manage HUD 
grants, particularly Fair Housing Initiatives Program grants; or
    (v) 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, 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, P.O. 
Box 9146, McLean, VA 22102, or by calling the toll free number 1-800-
343-3442 (voice) or 1-800-290-1617 (TTY). To ensure a prompt response, 
it is suggested that requests for application kits be made by 
telephone.
    Completed applications are to be submitted to: Maxine B. 
Cunningham, Office of Fair Housing and Equal Opportunity, Department of 
Housing and Urban Development, Room 5234, 451 Seventh Street, S.W., 
Washington, DC 20410.
    The application due date will be specified in the application kit. 
However, applicants will be given at least 60 days from today's date, 
until July 23, 1996, 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

[[Page 26368]]

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) National programs under the Education and Outreach Initiative;
    (2) Regional or local and community-based activities under the 
Education and Outreach Initiative;
    (3) Multi-year projects under the Private Enforcement Initiative; 
and
    (4) Continued Development of Existing Organizations activities 
under the Fair Housing Organizations Initiative.
    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 
applicant and its application meet eligibility requirements as set 
forth above and 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 a set-aside of $5,000 for single-
year projects and $10,000 for multi-year projects 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, 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 staff to be 
hired, and the experience of 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 will be used 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 addressing housing discrimination after funded 
activities have been completed;
    (8) HUD Form 2880, Applicant Disclosures;
    (9) Fair Housing Organizations Initiative applicants must include 
with their applications letters of support for the proposed activities 
from the new organization(s) identified for sponsorship, and detailed 
budgets for both the applicant and the new organization(s).
    (10) A listing of any current or pending grants or contracts, or 
other business or financial relationships or agreements, to provide 
training, education, and/or self-testing services between the applicant 
and any entity or organization of entities involved in the sale, 
rental, advertising or provision of insurance, 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 each year of the multi-year project.
    (11) 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).
    (12) Prior to award execution, successful applicants must submit a 
certification that they will comply with the certification requirements 
contained in the application kit.
    (13) Each application must include documentation which demonstrates 
that the applicant meets all of the requirements of a qualified fair 
housing enforcement organization (QFHO), as defined under the heading 
Definitions, in section I.(a), above, of this NOFA.

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.

[[Page 26369]]

V. Other Matters

Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of Section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
recipients of Federal contracts, grants, or loans from using 
appropriated funds for lobbying the Executive or Legislative branches 
of the Federal government in connection with a specific contract, 
grant, or loan. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients and sub-recipients 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

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24 
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain 
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, a notice that also provides 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 Federal Register 
notice of all recipients of HUD assistance awarded on a competitive 
basis.
    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.
    Section 103 HUD Reform Act. HUD's regulation implementing section 
103 of the Department of Housing and Urban Development Reform Act of 
1989, codified as 24 CFR part 4, applies to the funding competition 
announced today. The requirements of the rule continue to apply until 
the announcement of the selection of successful applicants. HUD 
employees involved in the review of applications and in the making of 
funding decisions are limited by part 4 from providing advance 
information to any person (other than an authorized employee of HUD) 
concerning funding decisions, or from otherwise giving any applicant an 
unfair competitive advantage. Persons who apply for assistance in this 
competition should confine their inquiries to the subject areas 
permitted under 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) A telecommunications device for persons with speech and 
hearing impairments is available at 1-800-877-8339. For HUD employees 
who have specific program questions, such as whether particular subject 
matter can be discussed with persons outside HUD, the employee should 
contact the appropriate Field Office Counsel, or Headquarters counsel 
for the program to which the question pertains.

    Authority: 42 U.S.C. 3601-3619; 42 U.S.C. 3616 note.

    Dated: May 10, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-13073 Filed 5-23-96; 8:45 am]
BILLING CODE 4210-28-P`