[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32902-32908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16086]




[[Page 32901]]


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Part II





Department of Housing and Urban Development





_______________________________________________________________________



Fiscal Year 1996 Public and Indian Housing Drug Elimination Technical 
Assistance Program; Notice of Funding Availability

Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / 
Notices

[[Page 32902]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4046-N-01]


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

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Public Housing Drug Elimination Technical Assistance Program 
Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1996.

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

SUMMARY: This notice announces the FY 1996 availability of $1.5 million 
under the Public and Indian Housing Drug Elimination Technical 
Assistance Program. The purpose of this program is to provide short-
term technical assistance to public housing agencies (PHAs), Indian 
housing authorities (IHAs), resident management corporations (RMCs), 
and incorporated resident councils (RCs) that are combating drug-
related crime and abuse of controlled substances in public and Indian 
housing communities. These funds reimburse consultants who provide 
expert advice and work with housing authorities or resident councils to 
assist them in gaining skills and training to eliminate drug abuse and 
related problems from public housing communities. This document 
describes the purpose of the NOFA, applicant eligibility, selection 
criteria, eligible and ineligible activities, application processing, 
consultant eligibility, and consultant application processing. This 
NOFA announces several new requirements for both consultants and 
applicants. Both consultants and applicants are encouraged to read this 
NOFA carefully and note all changes to the program before completing an 
application for assistance.

DATES: This NOFA is effective June 25, 1996. Technical assistance 
applications and consultant application kits may be immediately 
submitted to the address specified in the application kit. Applications 
may be submitted anytime, up to August 16, 1996. Technical assistance 
applications will be reviewed on a continuing basis until August 16, 
1996, or until funds available under this NOFA are expended. There is 
no application deadline for consultants.

ADDRESSES: (a) An application kit may be obtained from the local HUD 
Field Office with jurisdiction or by calling HUD's Drug Information and 
Strategy Clearinghouse at (800) 578-3472; or for hearing- or speech-
impaired persons (202) 708-0850 (TTY). (The TTY number is not a toll-
free number.) The application kit contains information on all exhibits 
and requirements of this NOFA.
    (b) An applicant must submit the application to the address 
specified in the application kit.
    (c) In addition, applicants must simultaneously forward a copy of 
these documents to the HUD Field Office (FO) or Office of Native 
American Programs (ONAP) with jurisdiction over the relevant housing 
authority. HUD might not consider the application until the appropriate 
FO or ONAP has confirmed receipt with the appropriate office in 
Washington, DC. This copy must be addressed to Director, Public Housing 
Division, or Administrator, Office of Native American Programs, as 
appropriate.

FOR FURTHER INFORMATION CONTACT: For questions regarding the Public 
Housing Drug Elimination program contact Elizabeth Cocke, Crime 
Prevention and Security Division (CPSD), Office of Community Relations 
and Involvement (OCRI), Room 4112, telephone (202) 708-1197. For 
questions regarding the Native American program contact Tracy Outlaw, 
Office of Native American Programs (ONAP), Room B133, telephone (202) 
755-0088.
    The address for the above persons is: Department of Housing and 
Urban Development, 451 Seventh Street, SW, Washington, D.C. 20410. 
Hearing- and speech-impaired persons may access the telephone numbers 
via TTY by calling the Federal Information Relay Service at 1-800-877-
8339. (With the exception of the ``800'' number, these are not toll-
free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this Notice 
have been submitted to the Office of Management and Budget for a 
temporary extension of the control number, in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). A notice 
requesting public comment on this extension was published in the 
Federal Register on June 6, 1996 (61 FR 28886). An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid 
control number. The OMB control number, when assigned, will be 
announced by separate notice in the Federal Register.

I. Purpose and Substantive Description

(a) Purpose

    The TA program is intended to provide immediate, short-term (90 
days for completion) training, recommendations, and assistance to 
assess needs, train staff and residents, identify and design 
appropriate strategies to eliminate drugs and drug-related crime, and 
generally prepare and educate public housing and resident organization 
staff and residents to address problems related to crime and the abuse 
of controlled substances in public housing communities. HUD encourages 
housing authorities and eligible resident organizations with or without 
a drug elimination grant in their communities to use this resource. 
Technical assistance is not intended for program implementation, the 
financial support of existing programs, or programs requiring more than 
30 billable days of technical assistance over a 90 day period.

(b) Allocation Amounts

    The Omnibus Consolidated Rescissions and Appropriations Act of 1996 
(Pub. L. 104-134, approved April 26, 1996) (OCRA) appropriated $290 
million in FY 1996 funds for HUD's low-income housing drug elimination 
programs. Of this amount, OCRA set aside $10 million for ``grants, 
technical assistance, contracts and other assistance training, program 
assessment and execution for or on behalf of public housing agencies 
and resident organizations.'' This NOFA makes $1.5 million out of this 
$10 million available under the Public and Indian Housing Drug 
Elimination Technical Assistance program. Applications received from 
HAs and qualified RCs, ROs, and RMCs are eligible for a maximum amount 
of TA no greater than approximately $15,000. NOTE: The average amount 
of TA provided any one application in this program has been 
approximately $10,000. The amount of $15,000 is a maximum funding 
ceiling and is not guaranteed. Only HUD-initiated TA is eligible for a 
maximum of $25,000. NOTE: The TA program reserves the $25,000 maximum 
for instances where HUD determines the circumstances to require levels 
of assistance greater than $15,000.

(c) Eligibility

    The following is a listing of eligible applicants, eligible 
consultants, eligible activities, ineligible activities, and general 
program requirements under this NOFA.

[[Page 32903]]

(1) Eligible Applicants
    (i) Public housing agencies (PHAs), Indian housing authorities 
(IHAs), incorporated resident councils (RCs), resident organizations 
(ROs) in the case of IHAs, and resident management corporations (RMCs) 
are eligible to receive short-term technical assistance services under 
this NOFA.
    (ii) An eligible RC or RO must be an incorporated nonprofit 
organization or association that meets each of the following 
requirements:
    (A) It must be representative of the residents it purports to 
represent.
    (B) It may represent residents in more than one development or in 
all of the developments of a PHA or IHA, but it must fairly represent 
residents from each development that it represents.
    (C) It must adopt written procedures providing for the election of 
specific officers on a regular basis (but at least once every three 
years).
    (D) It must have a democratically elected governing board. The 
voting membership of the board must consist of residents of the 
development or developments that the resident organization or resident 
council represents.
    (iii) An eligible RMC must be an entity that proposes to enter 
into, or that enters into, a management contract with a PHA under 24 
CFR part 964, or a management contract with an IHA. An RMC must have 
each of the following characteristics:
    (A) It must be a nonprofit organization that is incorporated under 
the laws of the State or Indian tribe in which it is located.
    (B) It may be established by more than one resident organization or 
resident council, so long as each such organization or council:
    (1) Approves the establishment of the corporation; and
    (2) Has representation on the Board of Directors of the 
corporation.
    (C) It must have an elected Board of Directors.
    (D) Its by-laws must require the Board of Directors to include 
representatives of each resident organization or resident council 
involved in establishing the corporation.
    (E) Its voting members must be residents of the development or 
developments it manages.
    (F) It must be approved by the resident council. If there is no 
council, a majority of the households of the development must approve 
the establishment of such an organization to determine the feasibility 
of establishing a corporation to manage the development.
    (G) It may serve as both the resident management corporation and 
the resident council, so long as the corporation meets the requirements 
of 24 CFR part 964 for a resident council. (In the case of a resident 
management corporation for an Indian Housing Authority, it may serve as 
both the RMC and the RO, so long as the corporation meets the 
requirements of this NOFA for a resident organization.)
    (iv) Applicants are eligible to apply to receive technical 
assistance if they are already receiving technical assistance under 
this program, as long as the request creates no scheduling conflict 
with other TA requests from the same applicant.
    (v) Applicants are eligible to apply to receive technical 
assistance whether or not they are already receiving drug elimination 
funds under the Public and Indian Housing Drug Elimination Program.
    (vi)(A) In circumstances determined by HUD to be crime and drug-
related and to require immediate attention because of drug and crime 
issues, eligible parties may receive technical assistance initiated and 
approved by HUD. These circumstances may include, for example:
    (1) HAs unsuccessful in gaining Drug Elimination or Youth Sports 
Program grants;
    (2) Applicants which have a demonstrated inability to explain their 
local drug or crime circumstances;
    (3) Applicants with a demonstrated inability to identify or develop 
potential solutions to their local drug or crime problem;
    (4) Applicants unable to develop local anti-drug, anti-crime 
partnerships;
    (5) The need for training;
    (6) Pervasive drug-related violence; and
    (7) Disputes among tenants and disputes between tenants and 
management that are related to these issues.
    (B) In instances of HUD-initiated TA, HUD staff requesting the TA 
will be required to explain the situation of the targeted housing 
authority or qualified resident council in terms of the three selection 
criteria outlined in section I.(d) of this NOFA which will be 
documented in the file, and used to choose a consultant and design and 
target the TA.
    (vii) The applicant must have substantially complied with the laws, 
regulations, and Executive Orders applicable to the Drug Elimination TA 
Program, including applicable civil rights laws. Noncompliance may be 
evidenced by:
    (A) An outstanding finding of civil rights noncompliance, unless 
the applicant demonstrates that it is operating in compliance with a 
HUD-approved compliance agreement designed to correct the area(s) of 
noncompliance;
    (B) An adjudication of a civil rights violation in a civil action 
brought against it by a private individual, unless the applicant 
demonstrates that it is operating in compliance with a court order 
designed to correct the area(s) of noncompliance;
    (C) A deferral of Federal funding based upon civil rights 
violations; (D) A pending civil rights suit brought against it by the 
Department of Justice; or
    (E) An unresolved charge of discrimination issued against it by the 
Secretary under section 810(g) of the Fair Housing Act, as implemented 
by 24 CFR 103.400.
(2) Eligible Consultants
    Consultants who want to provide short-term technical assistance 
services under this NOFA must be listed in the Consultant Database 
approved by HUD's Crime Prevention and Security Division (CPSD). To be 
included in that database, consultants must complete, in accordance 
with the requirements of section I.(c)(2)(ii), below, of this NOFA, a 
consultant application packet available from the Drug Information and 
Strategy Clearinghouse at (800) 578-3472, or (202) 708-0850 (TTY), and 
submit the packet to the address specified in the application kit. (The 
TTY number is not a toll-free number.)
    (i) Consultant eligibility. HUD is seeking individuals or entities 
who have experience working with public or Indian housing or other low-
income populations to provide short-term technical assistance under 
this NOFA. Consultants who have previously been deemed eligible and are 
part of the TA Consultant Database need not reapply, but they are 
encouraged to update their file with more recent experience and rate 
justification. To qualify as eligible consultants, individuals or 
entities should have experience in one or more of the following general 
areas:
    (A) PHA/IHA-related experience with:
    (1) Agency organization and management;
    (2) Facility operations;
    (3) Program development; and
    (4) Experience working with residents and community organizations.
    (B) Anti-crime- and anti-drug related experience with:
    (1) Prevention/intervention programs;
    (2) Enforcement strategies; and
    (3) Alternative programs.
    (C) Experience as an independent consultant, or as a consultant 
working

[[Page 32904]]

with a firm with related experience and understanding of on-site work 
requirements, contractual, reporting and billing requirements.
    (D) HUD is especially interested in encouraging TA consultant 
applications from persons who are qualified in the following 
professional areas:
    (1) Lease, screening and grievance procedures;
    (2) Defensible space, security and environmental design;
    (3) Parenting, peer support groups and youth leadership;
    (4) Career planning, job training, tutoring and entrepreneurship;
    (5) Community policing, neighborhood watch and anti-gang work; and
    (6) Resident organizing, involvement, and relations with 
management.
    (E) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs, 
incorporated resident councils and resident organizations, and public 
and Indian housing residents, with experience in the above areas, to 
submit a consultant application for eligibility under this NOFA. 
Eligible consultants will be entered into the Consultant Database for 
possible recommendation to technical assistance applicants.
    (ii) Applying to be a consultant. Individuals or entities 
interested in being listed in the TA Consultant Database should prepare 
their applications and send them to the address specified in the 
application kit. Before they can be entered into the Consultant 
Database, consultants must submit an application that includes the 
following information:
    (A) The Consultant Resource Inventory Questionnaire, including at 
least three written references, all related to the general areas listed 
above in sections I. (c)(2)(A)-(C). One or two of the written 
references must relate to work for a public or Indian housing 
authority, RC, RO or RMC;
    (B) A resume;
    (C) Evidence submitted by the consultant to HUD that documents the 
standard daily fee previously paid to the consultant for technical 
assistance services similar to those requested under this NOFA.
    (1) For consultants who can justify up to the equivalent of ES-IV 
per day, this evidence may include an accountant's statement, W-2 Wage 
Statements, or payment statements, and it should be supplemented with a 
signed statement or other evidence from the employer of days worked in 
the course of the particular project (for a payment statement) or the 
tax year (for a W-2 Statement).
    (2) For consultants who can justify above the equivalent of ES-IV 
per day, there must be three forms of documentation of the daily rate:
    (i) A previous invoice and payment statement showing the daily rate 
charged and paid, or the overall amount paid and the number of days for 
work of a similar nature to that offered in this TA program;
    (ii) A certified accountant's statement outlining the daily rate 
with an explanation of how the rate was calculated by the accountant. 
This should include at a minimum the total number of jobs of a similar 
nature completed by the consultant in the past 12 months, an 
explanation of the specific jobs used to calculate the rate, and the 
daily rates for each of the jobs used to justify the rate; and
    (iii) A signed statement from the consultant that the certified 
daily rate was charged for work of a nature similar to that being 
provided for the Drug Elimination Technical Assistance Program. The 
accountant must be able to demonstrate independence from the 
consultant's business.
    (iii) Working and billing in the TA program. No one individual may 
have active at one time any more than three contracts or purchase 
orders. If an individual is working as a member of a multi-person firm, 
the key individual for the specific contract must be listed on the 
contract as the key point of contact. The key point of contact must be 
on-site more hours than any other contracted staff billing to the 
purchase order, and that individual may have no more than three 
purchase orders active at the same time.
    (iv) Consultant payment. HUD will determine a specific fee to pay a 
consultant under this NOFA based upon the evidence submitted in section 
I(c)(2)(ii)(C), above, of this NOFA.
    (v) Conflicts of interest. In addition to the conflict of interest 
requirements in 24 CFR part 85:
    (A) No person who is an employee, agent, officer, or appointed 
official of the applicant may be funded as a consultant to the 
applicant by this Drug Elimination Technical Assistance Program.
    (B) Consultants who wish to provide drug elimination technical 
assistance services through this program may not have any involvement 
in the preparation or submission of the TA proposal that requests their 
services. Any involvement of the consultant will be considered a 
conflict of interest, which makes the consultant ineligible for 
providing consulting services to the applicant and could disqualify the 
consultant from future consideration. This prohibition includes the 
preparation and distribution of prepared generic or sample 
applications, if HUD determines that any application by a HA, RC, RO or 
RMC duplicates a sufficient amount of any prepared sample to raise 
issues of possible conflict of interest.
    (C) Consultants may no longer be requested by name in any 
application. HUD will recommend consultants considering at least three 
elements including previous experience, proximity and cost. Section 
I.(e)(2)(ii) of this NOFA explains this further.
(3) Eligible Activities
    To assist the eligible applicants identified in section I.(c)(1), 
above, of this NOFA, in responding immediately to drug-related problems 
in public and Indian housing developments, HUD has supplemented the 
Public and Indian Housing Drug Elimination Program (PHDEP) and Youth 
Sports Program (YSP) with funds for short-term technical assistance. 
Short-term technical assistance means that consultants shall only be 
reimbursed for a maximum of 30 days of work, which must be completed in 
less than 90 days from the date of the approved statement of work. The 
TA program is intended to provide short-term, immediate assistance to 
PHAs, IHAs, RMCs, RCs, and ROs in developing and/or implementing their 
strategies to eliminate drugs and drug-related crime. The program will 
fund the use of consultants who can provide the necessary consultation 
and/or training for the types of activities outlined below. HUD will 
fund the use of consultants who will assist the applicant in 
undertaking a task such as program planning and development for future 
strategies to eliminate drugs and drug-related crime, or conducting a 
needs assessment or survey. The TA program also funds efforts in:
    (i) Assessing drug problems in public or Indian housing 
development(s) and surrounding community(ies);
    (ii) Designing and identifying appropriate anti-crime- and anti-
drug-related practices and programs in the following areas:
    (A) Law enforcement strategies, including negotiating with the 
local police, working with Federal law enforcement, Operation Safe 
Home, Weed and Seed, and other federal anti-crime efforts;
    (B) Resident involvement in all aspects of the local anti-drug, 
anti-crime activities;
    (C) Youth initiatives;
    (D) Resident Patrols;
    (E) Security and physical design;

[[Page 32905]]

    (F) Community organization and leadership development; and
    (G) Other areas that meet the purposes of eliminating drugs and 
drug-related crime described in this NOFA, as determined by HUD.
    (iii) Training for housing authority staff and residents in anti-
crime and anti-drug practices, programs, and management;
    (iv) Improving overall agency management, operations, and 
programming so that the applicant can more effectively respond to crime 
and drug problems in the targeted public housing development(s).
(4) Ineligible Activities
    (i) Funding is not permitted for any type of monetary compensation 
for residents unless the residents are listed in the TA Consultant 
Database and are working as consultants.
    (ii) Funding is not permitted for any activity that is funded under 
any other HUD program; including TA and training for the incorporation 
of resident councils or RMCs, and other management activities.
    (iii) Funding is not permitted for salary or fees to the staff of 
the applicant, or former staff of the applicant within a year of his or 
her leaving the housing authority or resident organization.
    (iv) Funding is not permitted for underwriting conferences.
    (v) Funding is not permitted for conference speakers unless the 
speaker will also be providing additional TA as outlined in the 
eligible activities in sections I.(c)(3)(i)-(iv), above, of this NOFA.
    (vi) Funding is not permitted for program implementation, proposal 
writing, the purchase of hardware or equipment, or any activities 
deemed ineligible in the Drug Elimination Program, excluding 
consultant's fees.
(5) General Program Requirements
    (i) Applications for short-term technical assistance may be funded 
up to $15,000 per request, with HUD providing payment directly to the 
authorized consultant for the consultant's fee, travel, room and board, 
and other approved costs.
    (ii) For technical assistance initiated by HUD, the TA may be for 
any amount up to $25,000.
    (iii) Applicants that have not previously received technical 
assistance under this program may submit only one application 
initially. After the applicant's initial technical assistance report 
has been received and reviewed by HUD or the contractor administering 
the program, as appropriate, the applicant may submit multiple 
applications. For TA initiated by HUD an applicant may have more than 
one TA opportunity active at the same time.
    (iv) Applications must be signed and certified by both the 
Executive Director and a resident leader, certifying the following:
    (A) That a copy of the application was sent to the local HUD Field 
Office, Director of Public Housing Division, or Administrator, Office 
of Native American Programs; and
    (B) That the application was reviewed by both the Housing Authority 
Executive Director, and a resident leader.

(d) Selection Criteria/Rating Factors

    An application must include the minimum required elements and 
cannot request assistance for ineligible activities as listed in 
section I.(c)(4), above, of this NOFA. If HUD receives more than one 
application from a HA, or group of RCs, ROs, or RMCs in proximity to 
one another, HUD may exercise discretion to consider any two or more 
applications as one, recommending one or more consultants and executing 
contracts for any combination of applications. As an example, if three 
resident councils at one HA, or three HAs within one geographic area 
submit three separate TA applications within the same period of time, 
HUD may contract with one, two or three consultants to carry out the 
work, as HUD determines the best use of HUD funds, and the best 
outcomes for the applicants. Applications will be scored according to 
the criteria outlined below. Applicants must address the specific 
questions directly as listed below. This is a new requirement, and the 
criteria require more specific information than applications in 
previous years. Applicants are encouraged to review these criteria 
carefully before submitting an FY 1996 TA application.
    (1)(i) The extent to which the applicant needs short-term technical 
assistance. This will be measured by the applicant's discussion of the 
problems that triggered the request for assistance under this NOFA. 
(Maximum points: 5) For the maximum of five points allowed for this 
criterion, the discussion must include answers to each of the following 
questions:
    (A) What kind of drug-related crime problem do you see in your 
community?
    (B) What types of drugs are being used or drug-related crimes are 
being committed?
    (C) Are housing authority residents selling or using drugs, or 
committing the crimes? What about non-residents?
    (D) What type of problems are you requesting assistance for in this 
application?
    (E) How are those problems related to the drug and drug-related 
crime problems outlined above?
    (ii) If the applicant cannot provide answers to each of these 
questions, but wishes to receive the maximum of five points allowed for 
this criterion, the applicant's discussion for this criterion must 
include answers to each of the following questions:
    (A) What prevents you from identifying the problems?
    (B) What prevents you from describing the problems?
    (C) What prevents you from measuring the problems? (Maximum points: 
5)
    (2) The extent to which the applicant clearly describes the kind of 
technical assistance and skills needed to address the problems, and how 
well the technical assistance requested will address the problems. To 
receive the maximum of five points, the discussion for this criterion 
must address each of the following:
    (i) Describe what you would like a consultant to do to help you 
with the problems outlined in Factor One.
    (ii) Whom would you like the consultant to meet when the consultant 
is on-site?
    (iii) What do you want the consultant to do when on-site?
    (iv) What do you want in place after the consultant is finished on-
site? (Maximum points: 5)
    (3) The likelihood that the requested technical assistance will 
assist the applicant's current strategy to eliminate drugs and drug-
related crime, as described in the application; or, if the applicant 
does not currently have a strategy, the extent to which the technical 
assistance will help them develop a strategy to eliminate drugs and 
drug-related crime. To receive the maximum of five points, the 
discussion for this criterion must address each of the following:
    (i) Describe the steps you and your organization are currently 
taking to measure, understand or address the drug-related crime problem 
in your development or housing authority.
    (ii) How will the proposed assistance support these efforts?
    (iii) Describe how the proposed assistance will allow you to 
develop an anti-drug, anti-crime strategy; or describe how the proposed 
assistance fits into your current strategy. (Maximum points: 5)

[[Page 32906]]

(e) Application Review, Awards, and Payment

(1) Application Review
     Applications for Technical Assistance will be reviewed and scored 
as they are received. Consultant applications will be received 
throughout the year with no deadline. A TA application must include 
both the descriptive letter (or form provided in the application kit) 
and certification statement (or form provided in the application kit) 
to be eligible for funding. All applications that qualify on the basis 
of the minimum required elements will be scored on the basis of the 
selection criteria in section I.(d), above, of this NOFA. Applications 
must receive a total of 8 or more points, with no less than 2 points in 
any of the three selection criteria in section I.(d), above, of this 
NOFA to be eligible for funding. Eligible applications will be funded 
in the order in which negotiations for a statement of work are 
completed between the consultant and the program administrator until 
all funds are expended. The basis for each funding decision under this 
section will be documented.
(2) Application Awards
    (i) If the application includes the descriptive letter (or forms) 
requesting eligible activities, the certification statements (or form), 
and scores at least 8 points as described in section I.(e)(1), above, 
of this NOFA, it is eligible for funding. If sufficient funds are 
available to fund the technical assistance request, staff will confer 
with the applicant to confirm the work requirements.
    (ii) If HUD receives more than one application from a HA, or group 
of RCs, ROs or RMCs in proximity to one another, HUD may exercise 
discretion to consider any two or more applications as one, 
recommending consultants and executing contracts for any combination of 
applications. The TA Consultant Database will be searched to choose at 
least three consultants who: (1) have a principal place of business or 
residence located within a reasonable distance from the applicant, as 
determined by HUD or its agent; or (2) appear to have the requisite 
knowledge and skills to assist the applicant in addressing its needs. 
An employee of a housing agency (HA) may not serve as a consultant to 
his or her employer. An HA employee who serves as a consultant to 
someone other than his or her employer must be on annual leave to 
receive the consultant fee. Applicants may not request any specific 
consultant. A list of the suggested consultants will be forwarded to 
the applicant. From this list, the applicant will recommend a 
consultant to provide the requested technical assistance. Instructions 
for consultants who wish to be included in the TA Consultant Database 
are outlined above in section I.(c)(2)(ii) of this NOFA.
    (iii) The applicant must contact each TA consultant from the list 
provided. HUD may request confirmation from each recommended consultant 
to ensure that all consultants have been contacted by the applicant. If 
HUD determines that any consultant was not contacted, HUD may consider 
the recommendation by the applicant void, and can choose a consultant 
independent of the applicant. After making contact with each 
consultant, the applicant must send a written justification to HUD with 
a list of the consultants in order of preference, indicating any that 
are unacceptable, and stating the reasons for its preference. If the 
applicant does not provide HUD the written justification of consultant 
choice within the period requested, HUD will make its own choice of a 
consultant and proceed to negotiate a statement of work with the 
consultant. There is no guarantee that the applicant's first preference 
will be approved. Consultants will only be approved for the TA if the 
request is not in conflict with other requests for the consultant's 
services.
    (iv) Staff designated by HUD will work with the consultant and 
applicant to develop a statement of work that includes a timeline and 
estimated budget. The statement of work should also include a 
discussion of the kind of technical assistance and skills needed to 
address the problem, and how the technical assistance requested will 
address these needs; and a description of the current crime and drug 
elimination strategy, and how the requested technical assistance will 
assist that strategy. If the applicant does not currently have a 
strategy, there should be a statement of how the technical assistance 
will help them develop a crime and drug elimination strategy. When HUD 
has completed the authorization to begin work, the consultant will be 
contacted to start work. The consultant must receive written 
authorization from HUD or its authorized agent before he or she can 
begin to provide technical assistance under this NOFA. The applicant 
and the relevant Field Office or Office of Native American Programs 
will also be notified. Because this program is for short-term technical 
assistance, consultants shall only be reimbursed for a maximum of 30 
days of work, which must be completed in fewer than 90 days from the 
date of the approved statement of work. Work begun before the 
authorized date will be considered unauthorized work and may not be 
compensated by the Department.
(3) TA Consultant Work and Reports
    HUD is working to improve the quality of TA consultant reports and 
invoices and has added requirements to improve the quality of reports 
and invoices, both for the benefit of the applicant, and for a record 
that will reflect the level of funds expended for the services. Reports 
and invoices which do not include the new elements or meet the new 
standard will be returned to the consultant. If HUD returns a 
disapproved report or invoice to a consultant, HUD may withhold up to 
25 percent of the payment requested by the consultant, or authorized in 
the purchase order, for the related work. HUD may also deny further 
work to the consultant in the TA program until the report or invoice is 
accepted by HUD. Examples of reports and invoices considered reasonable 
by HUD are available from the Drug Information and Strategy 
Clearinghouse, at 1-800-578-3472. Consultants are encouraged to obtain 
copies and use these as models before submitting an invoice or report 
in FY 1996. Previously acceptable standards may no longer be accepted 
by HUD.
(4) Payment of TA Consultants
    The consultant must submit a report of its activities, findings and 
recommendations, a fee invoice, and expenses and original receipts to 
the address specified in the application kit. A copy of the report must 
also be submitted to the applicant. A revised FY 1996 version of the 
``Guidelines for Consultants'' book, available from the Clearinghouse, 
describes the required elements of these reports. These required 
elements have changed from previous years and consultants are 
encouraged to review them closely to make sure all invoices and reports 
follow the new guidelines before submitting an invoice or report. After 
the report and expenses have been approved, and a verbal or written 
evaluation is received from the applicant, payment will be issued to 
the consultant.

II. Application Process

    (a) Application Kit. An application kit may be obtained from the 
local HUD Field Office or Office of Native American Programs, or by 
calling HUD's Drug Information and Strategy Clearinghouse at (800) 578-
3472 or (202) 708-0850 (TTY) (The TTY number is not a toll-free 
number). The

[[Page 32907]]

application kit contains information on all exhibits and requirements 
of this NOFA. Requirements in the new FY 1996 Application Kit have 
changed from previous years and applicants are encouraged to carefully 
review the requirements to make sure that the application meets all 
requirements before submission.
    (b) Application Submission. This NOFA is effective upon 
publication. Short-term (90 days for completion) technical assistance 
applications and consultant application kits may be immediately 
submitted to the address specified in the application kit. The 
application submission deadline for the short-term technical assistance 
grants available under this NOFA is August 16, 1996. Technical 
assistance applications will be reviewed on a continuing first-come, 
first-served basis, until funds under this NOFA are no longer available 
or until August 16, 1996. Applicants are encouraged to submit their 
applications as early as possible in the fiscal year.
    (1) An applicant must submit the application and the necessary 
assurances to the address specified in the application kit.
    (2) In addition, applicants must simultaneously forward a copy of 
these documents to the HUD Field Office or Office of Native American 
Programs with jurisdiction over the relevant housing authority. This 
copy must be addressed to Director, Division of Public Housing, or 
Administrator, Office of Native American Programs, as appropriate.

III. Checklist of Application Submission Requirements

    Each application for a grant under this program must include the 
following:
    (a) An application will not be considered for funding unless it 
includes, at a minimum, the following elements:
    (1) An application letter of no more than four pages that responds 
to each of the selection criteria in section I(d), above, of this NOFA, 
or the completed application forms available in the application kit; 
and
    (2) A certification statement, or the form provided in the 
application kit, signed by the executive director of the housing 
authority and the authorized representative of the RMC or incorporated 
RC or RO, certifying that any technical assistance received will be 
used in compliance with all requirements in the NOFA, including those 
outlined in I(a)(3)-(4); and
    (b) A completed and signed HUD Form 2880.

IV. Corrections to Deficient Applications

    (a) HUD will notify an applicant, in writing or by telephone, of 
any curable technical deficiencies, such as a missing signature in the 
application. A log of telephone notifications will be maintained. The 
applicant must correct the deficiency in accordance with the 
information specified in HUD's notification. The application will not 
be given further consideration until the deficiency is corrected.
    (b) Curable technical deficiencies relate to items that are not 
necessary to make a determination of an applicant's eligibility. The 
items necessary for this determination are listed at section III.(a), 
above, of this NOFA, although missing signatures on the application 
letter, certification, or forms are curable.

V. Other Matters

(a) Nondiscrimination and Equal Opportunity

    The following nondiscrimination and equal opportunity requirements 
apply:
    (1) The requirements of title VIII of the Civil Rights Act of 1968 
(42 U.S.C. 3600-20) (Fair Housing Act) and implementing regulations 
issued at subchapter A of title 24 of the Code of Federal Regulations, 
as amended by 54 FR 3232 (published January 23, 1989); Executive Order 
11063 (Equal Opportunity in Housing) and implementing regulations at 24 
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and 
implementing regulations issued at 24 CFR part 1;
    (2) The Indian Civil Rights Act (title II of the Civil Rights Act 
of 1968) (25 U.S.C. 1301-1303) (ICRA) provides that no Indian tribe in 
exercising powers of self-government shall deny to any person within 
its jurisdiction the equal protection of its laws or deprive any person 
of liberty or property without due process of law. The Indian Civil 
Rights Act applies to any tribe, band, or other group of Indians 
subject to the jurisdiction of the United States in the exercise of 
recognized powers of self-government. The ICRA is applicable in all 
cases where an IHA has been established by exercise of tribal powers of 
self-government.
    (3) The prohibitions against discrimination on the basis of age 
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and 
implementing regulations at 24 CFR part 146, and the prohibitions 
against discrimination against individuals with disabilities under 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 
implementing regulations at 24 CFR part 8;
    (4) The requirements of Executive Order 11246 (Equal Employment 
Opportunity) and the regulations issued under the Order at 41 CFR 
Chapter 60;
    (5) The requirements of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12131) and implementing regulations at 29 CFR part 1640, 28 
CFR part 35, and 28 CFR part 36.
    (6) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, recipients 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with funded activities.

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

    Applicants for short-term technical assistance under this NOFA are 
subject to the provisions of 24 CFR part 24 relating to the employment, 
engagement of services, awarding of contracts, or funding of any 
contractors or subcontractors during any period of debarment, 
suspension, or placement in ineligibility status.

(c) Drug-Free Workplace Act of 1988

    The requirements of the Drug-Free Workplace Act of 1988 and 
implementing regulations at 24 CFR part 24, subpart F apply under this 
notice.

(d) Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.20(b) of the HUD regulations, 
the policies and procedures proposed in this document are determined 
not to have the potential of having a significant impact on the quality 
of the human environment, and therefore are categorically excluded from 
the requirements of the National Environmental Policy Act of 1969. 
Accordingly, a Finding of No Significant Impact is not required.

(e) Family Impact

    The General Counsel, as the Designated Official for Executive Order 
12606, The Family, has determined that the provisions of this NOFA have 
the potential for a positive, although indirect, impact on family 
formation, maintenance, and general well-being within the meaning of 
the Order. The NOFA is designed to assist housing authorities and 
resident organizations in their anti-drug-related efforts by providing 
short-term technical assistance. HUD expects that the provision of such 
assistance will better

[[Page 32908]]

prepare and educate housing authority and resident organization 
officials to confront the widespread abuse of controlled substances in 
public housing communities. This, in turn, would indirectly affect the 
quality of life for housing residents.

(f) Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the 
provisions of this NOFA do not have federalism implications within the 
meaning of the Order. The NOFA provides short-term technical assistance 
to housing authorities and resident organizations to assist them in 
their anti-drug efforts in public housing communities. The involvement 
of resident organizations should greatly increase the success of the 
anti-drug efforts under this technical assistance program and therefore 
should have positive effects on the target population. As such, the 
program helps housing authorities to combat serious drug problems in 
their communities, but it does not have federalism implications.

(g) Section 102 HUD Reform Act--Documentation and Public Access 
Requirements; Applicant/Recipient Disclosures

    Disclosures. HUD will make available to the public for five years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also Form 2880) will be made 
available along with the applicant disclosure reports, but in no case 
for a period less than three years. All reports--both applicant 
disclosures and updates--will be made available in accordance with the 
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 
regulations at 24 CFR part 15. (See 24 CFR subpart C, and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942) for 
further information on these disclosure requirements.)
    Public notice. HUD will include recipients that receive assistance 
pursuant to this NOFA in its Federal Register notice of recipients of 
all HUD assistance awarded on a competitive basis. (See 24 CFR 
12.16(b), and the notice published in the Federal Register on January 
16, 1992 (57 FR 1942) for further information on these requirements.)

(h) Section 103 HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 was published May 13, 
1991 (56 FR 22088) and became effective on June 12, 1991. That 
regulation, codified as 24 CFR part 4, applies to the funding 
competition announced today. The requirements of the rule continue to 
apply until the announcement of the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are limited by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions, 
such as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Field Office 
Counsel, or Headquarters counsel for the program to which the question 
pertains.
    (i) Prohibition Against Lobbying Activities. The use of funds 
awarded under this NOFA is subject to the disclosure requirements and 
prohibitions of section 319 of the Department of Interior and Related 
Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (The 
``Byrd Amendment'') and the implementing regulations at 24 CFR part 87. 
These authorities prohibit recipients of federal contracts, grants, or 
loans from using appropriated funds for lobbying the Executive or 
Legislative branches of the federal government in connection with a 
specific contract, grant, or loan. The prohibition also covers the 
awarding of contracts, grants, cooperative agreements, or loans unless 
the recipient has made an acceptable certification regarding lobbying.
    Under 24 CFR part 87, applicants, recipients, and subrecipients of 
assistance exceeding $100,000 must certify that no federal funds have 
been or will be spent on lobbying activities in connection with the 
assistance. Indian Housing Authorities established by an Indian Tribe 
as a result of the exercise of their sovereign power are excluded from 
coverage, but IHAs established under state law are not excluded from 
coverage.

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

    Dated: April 25, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-16086 Filed 6-24-96; 8:45 am]
BILLING CODE 4210-33-P