32902 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices

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 drugrelated crime, and generally prepare and

educate public housing and resident

organization staff and residents to

address problems related to crime and

the abuse of controlled substances in

public housing communities. HUD

encourages housing authorities and

eligible resident organizations with or

without a drug elimination grant in their

communities to use this resource.

Technical assistance is not intended for

program implementation, 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.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices 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 HUDapproved 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
32904 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices

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-drugrelated practices and programs in the

following areas:

(A) Law enforcement strategies,

including negotiating with the local

police, working with Federal law

enforcement, Operation Safe Home,

Weed and Seed, and other federal anticrime efforts;

(B) Resident involvement in all

aspects of the local anti-drug, anti-crime

activities;

(C) Youth initiatives;

(D) Resident Patrols;

(E) Security and physical design;
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices 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)
32906 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices

(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
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices 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 firstcome, 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 selfgovernment. The ICRA is applicable in

all cases where an IHA has been

established by exercise of tribal powers

of self-government.

(3) The prohibitions against

discrimination on the basis of age under

the Age Discrimination Act of 1975 (42

U.S.C. 6101–07) and implementing

regulations at 24 CFR part 146, and the

prohibitions against discrimination

against individuals with disabilities

under section 504 of the Rehabilitation

Act of 1973 (29 U.S.C. 794) and

implementing regulations at 24 CFR part

8;

(4) The requirements of Executive

Order 11246 (Equal Employment

Opportunity) and the regulations issued

under the Order at 41 CFR Chapter 60;

(5) The requirements of the

Americans with Disabilities Act of 1990

(42 U.S.C. 12131) and implementing

regulations at 29 CFR part 1640, 28 CFR

part 35, and 28 CFR part 36.

(6) The requirements of Executive

Orders 11625, 12432, and 12138.

Consistent with HUD’s responsibilities

under these Orders, recipients must

make efforts to encourage the use of

minority and women’s business

enterprises in connection with funded

activities.

(b) Use of Debarred, Suspended, or

Ineligible Contractors

Applicants for short-term technical

assistance under this NOFA are subject

to the provisions of 24 CFR part 24

relating to the employment, engagement

of services, awarding of contracts, or

funding of any contractors or

subcontractors during any period of

debarment, suspension, or placement in

ineligibility status.

(c) Drug-Free Workplace Act of 1988

The requirements of the Drug-Free

Workplace Act of 1988 and

implementing regulations at 24 CFR part

24, subpart F apply under this notice.

(d) Environmental Impact

In accordance with 40 CFR 1508.4 of

the regulations of the Council on

Environmental Quality and 24 CFR

50.20(b) of the HUD regulations, the

policies and procedures proposed in

this document are determined not to

have the potential of having a

significant impact on the quality of the

human environment, and therefore are

categorically excluded from the

requirements of the National

Environmental Policy Act of 1969.

Accordingly, a Finding of No Significant

Impact is not required.

(e) Family Impact

The General Counsel, as the

Designated Official for Executive Order

12606, The Family, has determined that

the provisions of this NOFA have the

potential for a positive, although

indirect, impact on family formation,

maintenance, and general well-being

within the meaning of the Order. The

NOFA is designed to assist housing

authorities and resident organizations in

their anti-drug-related efforts by

providing short-term technical

assistance. HUD expects that the

provision of such assistance will better
32908 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices

prepare and educate housing authority

and resident organization officials to

confront the widespread abuse of

controlled substances in public housing

communities. This, in turn, would

indirectly affect the quality of life for

housing residents.

(f) Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the provisions of this

NOFA do not have federalism

implications within the meaning of the

Order. The NOFA provides short-term

technical assistance to housing

authorities and resident organizations to

assist them in their anti-drug efforts in

public housing communities. The

involvement of resident organizations

should greatly increase the success of

the anti-drug efforts under this technical

assistance program and therefore should

have positive effects on the target

population. As such, the program helps

housing authorities to combat serious

drug problems in their communities, but

it does not have federalism

implications.

(g) Section 102 HUD Reform Act—

Documentation and Public Access

Requirements; Applicant/Recipient

Disclosures

Disclosures. HUD will make available

to the public for five years all applicant

disclosure reports (HUD Form 2880)

submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

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

the notice published in the Federal

Register on January 16, 1992 (57 FR

1942) for further information on these

disclosure requirements.)

Public notice. HUD will include

recipients that receive assistance

pursuant to this NOFA in its Federal

Register notice of recipients of all HUD

assistance awarded on a competitive

basis. (See 24 CFR 12.16(b), and the

notice published in the Federal Register

on January 16, 1992 (57 FR 1942) for

further information on these

requirements.)

(h) Section 103 HUD Reform Act

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 was published May

13, 1991 (56 FR 22088) and became

effective on June 12, 1991. That

regulation, codified as 24 CFR part 4,

applies to the funding competition

announced today. The requirements of

the rule continue to apply until the

announcement of the selection of

successful applicants.

HUD employees involved in the

review of applications and in the

making of funding decisions are limited

by part 4 from providing advance

information to any person (other than an

authorized employee of HUD)

concerning funding decisions, or from

otherwise giving any applicant an unfair

competitive advantage. Persons who

apply for assistance in this competition

should confine their inquiries to the

subject areas permitted under 24 CFR

part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Office of Ethics (202) 708–

3815. (This is not a toll-free number.)

For HUD employees who have specific

program questions, such as whether

particular subject matter can be

discussed with persons outside HUD,

the employee should contact the

appropriate Field Office Counsel, or

Headquarters counsel for the program to

which the question pertains.

(i) Prohibition Against Lobbying

Activities. The use of funds awarded

under this NOFA is subject to the

disclosure requirements and

prohibitions of section 319 of the

Department of Interior and Related

Agencies Appropriations Act for Fiscal

Year 1990 (31 U.S.C. 1352) (The ‘‘Byrd

Amendment’’) and the implementing

regulations at 24 CFR part 87. These

authorities prohibit recipients of federal

contracts, grants, or loans from using

appropriated funds for lobbying the

Executive or Legislative branches of the

federal government in connection with

a specific contract, grant, or loan. The

prohibition also covers the awarding of

contracts, grants, cooperative

agreements, or loans unless the

recipient has made an acceptable

certification regarding lobbying.

Under 24 CFR part 87, applicants,

recipients, and subrecipients of

assistance exceeding $100,000 must

certify that no federal funds have been

or will be spent on lobbying activities in

connection with the assistance. Indian

Housing Authorities established by an

Indian Tribe as a result of the exercise

of their sovereign power are excluded

from coverage, but IHAs established

under state law are not excluded from

coverage.

Authority: Pub. L. 104–34, 110 Stat. 1321

(1996).

Dated: April 25, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public

and Indian Housing.

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

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