[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4413]


[Federal Register: February 28, 1994]


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Part III





Department of Housing and Urban Development





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Office of Assistant Secretary for Public and Indian Housing



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NOFA for Public and Indian Housing Family Investment Centers; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3714; FR-3397-N-01]


NOFA for Public and Indian Housing Family Investment Centers

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

ACTION: Notice of funding availability.

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SUMMARY: This NOFA announces a total of $74 million in funding, 
including FYs 1993 and 1994 appropriations of $25,000,000 and 
$25,674,991, respectively, for Family Investment Centers for families 
living in public and Indian housing. This program provides grants to 
public housing agencies and Indian housing authorities (collectively 
HAs) to provide families living in public and Indian housing with 
better access to education and job opportunities to achieve self-
sufficiency and independence. The grants will be of up to three to five 
years in duration, depending upon the activities undertaken. 
Regulations on this program will be published in a consolidated rule on 
resident initiatives that the Department anticipates publishing in 
early 1994.
    In the body of this document is information concerning the purpose 
of the NOFA, eligibility, available amounts, ranking factors, and 
application processing, including how to apply and how selections will 
be made.

DATES: Application kits will be available beginning March 24, 1994. The 
application deadline will be 4:30 p.m., local time, on June 22, 1994.

ADDRESSES: An application kit may be obtained from the local HUD Field 
Office with delegated responsibilities over an applicant public/Indian 
housing agency (See Appendix for listing), or by calling the HUD 
Resident Initiatives Clearinghouse toll free number 1-800-955-2232. 
Telephone requests must include your name, mailing address, or post 
office address (including zip code), telephone number (including area 
code), and should refer to document FR-3397-N-01. This NOFA cannot be 
used as the application.

FOR FURTHER INFORMATION CONTACT: Marcia Y. Martin, Office of Resident 
Initiatives (ORI), or Dom Nessi, Director, Office of Native American 
Programs (ONAP), Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone numbers: ORI (202) 
708-3611; and ONAP (202) 708-1015 (these are not toll-free numbers). 
Hearing- or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service on 1-800-877-TDDY (1-800-877-8339) or 202-708-9300 (not a toll 
free number) for information on the program.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been submitted to the Office of Management and Budget (OMB) for 
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). 
Information on the estimated public reporting burden was provided for 
public comment in a separate notice published in the Federal Register 
on February 17, 1994 (59 FR 8012). The Department expects that a 
control number will be issued by OMB about March 22, 1994, after 
completion of a 30-day comment period for the paperwork burden notice. 
The OMB control number, when assigned, will be announced by separate 
notice in the Federal Register.
    No person may be subjected to a penalty for failure to comply with 
the information collection requirements until they have been approved 
and assigned an OMB control number. The public reporting burden for the 
collection of information requirements contained in the February 17 
notice is estimated to include the time for reviewing the instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. The 
February 17 notice invites interested persons to submit comments on the 
paperwork burden proposals to Joseph F. Lackey, Jr., OMB Desk Officer, 
Office of Management and Budget, New Executive Office Building, 
Washington, DC 20503.

I. Purpose and Substantive Description

A. Authority
    Section 22 of the United States Housing Act of 1937 (42 U.S.C. 
1437t) provides for the establishment of Family Investment Centers 
(FIC). Implementing regulations for the program will be promulgated as 
part of a consolidated rule on resident initiatives, which the 
Department anticipates publishing next year. This NOFA is being issued 
in conformity with the statutory requirements before the final rule is 
in place in order to make funding available as soon as possible.
B. Allocation Amounts
    In the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1993 (Pub. L. 
102-389, approved October 6, 1992), Congress appropriated $25 million 
for Family Investment Centers; an additional $25,674,991 is available 
for the program through an appropriation in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1994 (Pub. L. 103-124, approved October 28, 1993). 
These amounts are being combined with excess recaptured funds carried 
over from FY 1993 to make a total of $75 million available for funding 
Family Investment Center activities. An additional $10 million may 
become available pending Secretarial and congressional actions.
    Of the $75 million total current funds, $74 million is being made 
available under this NOFA. The Department intends to use $1 million for 
purposes of demonstrating ways for families living in public and Indian 
housing in a neighborhood undergoing a concentrated effort of local 
revitalization to gain access to education and employment activities to 
achieve self-sufficiency and independence, by enabling HAs to develop 
facilities for training and support services. These funds will be used 
to mobilize public and private resources to expand and improve delivery 
of services, to provide funding for essential training and support 
services that cannot otherwise be funded, to improve the capacity of 
management to assess the training and services needs of eligible 
families, to coordinate the provision of training and services that 
meet such needs and to ensure the long-term provision of such training 
and services. HUD expects that this funding will demonstrate the 
importance of comprehensive support services in contributing to the 
local neighborhood revitalization. A separate Notice announcing these 
funds and soliciting public comment is expected to be published soon in 
the Federal Register.
    To ensure that the program is implemented on a broad, nationwide 
basis, each applicant may submit only one application under this NOFA 
(published: February 28, 1994. A public housing agency/Indian housing 
authority (collectively, HAs) may apply to establish one or more Family 
Investment Centers for more than one public or Indian housing 
development; however the maximum grant amount per applicant under this 
NOFA is $1 million.
C. Overview and Policy
    The stated purpose of section 22 is:

    [T]o provide families living in public housing with better 
access to educational and employment opportunities to achieve self-
sufficiency and independence by: (a) developing facilities in or 
near public housing for training and support services; (b) 
mobilizing public and private resources to expand and improve the 
delivery of such services; (c) providing funding for such essential 
training and support services that cannot otherwise be funded; and 
(d) improving the capacity of management to assess the training and 
service needs of families, coordinate the provision of training and 
services that meet such needs, and ensure the long-term provision of 
such training and services.

    Although Section 22 is phrased in terms of families living in 
public housing, the program is also available to Indian Housing 
Authorities (IHAs), because of section 527 of the National Affordable 
Housing Act (104 Stat. 4216; 42 U.S.C. 1437aa note) (NAHA). Section 527 
extends the applicability of many NAHA provisions affecting Title I of 
the 1937 Act (including section 515, which added Section 22) to housing 
operated by an IHA.
    FIC provides funding to HAs to access educational, housing, or 
other social service programs to assist public and Indian housing 
residents toward self-sufficiency. On May 13, 1993, 33 representatives 
from public/Indian housing authorities, resident organizations, and 
nonprofit housing agencies were convened to discuss and make 
suggestions during the design stage of the Family Investment Centers 
program. The Department envisions that FIC will complement other self-
sufficiency activities, such as the Family Self-Sufficiency (FSS) 
Program (see 58 FR 30858 (May 27, 1993) for the interim rule that 
currently governs the FSS programs) and the requirements of Section 3 
of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). As 
an incentive to become self-sufficient, the earnings of public or 
Indian Housing families participating in the FIC shall not be treated 
as income for the purposes of any other program or provision of State 
or Federal law, including rent assistance (see Section I.F(5) of this 
NOFA). The FIC is administered by the Department's Office of Resident 
Initiatives in the Office of Public and Indian Housing, with assistance 
from a network of Resident Initiatives Coordinators (RICs) in HUD's 
Regional and Field Offices.
D. Definitions
    Eligible Residents means participating residents of a participating 
HA. If the HA is combining FIC with the Family Self-Sufficiency (FSS) 
program, the term also means Public Housing FSS and Section 8 families 
participating in the FSS program.
    Secretary means the Secretary of Housing and Urban Development.
    Service Coordinator means, for purposes of this NOFA, any person 
who is responsible for:
    (1) Determining the eligibility of families to be served by the 
FIC;
    (2) Assessing training and service needs of eligible residents;
    (3) Working with service providers to coordinate the provision of 
services on a HA-wide or less than HA-wide basis, and to tailor the 
services to the needs and characteristics of eligible residents;
    (4) Mobilizing public and private resources to ensure that the 
supportive services identified can be funded over the five-year period, 
at least, following the initial receipt of funding under this NOFA;
    (5) Monitoring and evaluating the delivery, impact, and 
effectiveness of any supportive service funded with capital or 
operating assistance under this program;
    (6) Coordinating the development and implementation of the FIC 
program with other self-sufficiency programs and other education and 
employment programs; or
    (7) Performing other duties and functions that are appropriate for 
providing eligible residents with better access to educational and 
employment opportunities.
    Supportive Services means new or significantly expanded services 
essential to providing families in public and Indian housing with 
better access to educational and employment opportunities to achieve 
self-sufficiency and independence. (HAs applying for funds to provide 
supportive services must demonstrate that the services will be provided 
at a higher level than currently provided). Supportive services may 
include:
    (1) Child care, of a type that provides sufficient hours of 
operation and serves appropriate ages as needed to facilitate parental 
access to education and job opportunities;
    (2) Employment training and counseling (e.g., job training, 
preparation and counseling, job development and placement, and follow-
up assistance after job placement);
    (3) Computer skills training;
    (4) Education (e.g., remedial education, literacy training, 
completion of secondary or post-secondary education, and assistance in 
the attainment of certificates of high school equivalency;
    (5) Transportation, as necessary to enable any participating family 
member to receive available services or to commute to his or her place 
of employment;
    (6) Personal welfare (e.g., substance/alcohol abuse treatment and 
counseling, self-development counseling, etc.);
    (7) Supportive Health Care Services (e.g., outreach and referral 
services); and
    (8) Any other services and resources, including case management, 
that are determined to be appropriate in assisting eligible residents.
    Vacant Unit means a dwelling unit that is not under an effective 
lease to an eligible family. An effective lease is a lease under which 
an eligible family has a right to possession of the unit and is being 
charged rent, even if the amount of any utility allowance equals or 
exceeds the amount of a total tenant payment that is based on income 
and, as a result, the amount paid by the family to the HA is zero.
E. Eligibility
    (1) Eligible Applicants. Funding for this program is limited to 
public and Indian housing authorities. The factors for award reflect 
that more than half of the points possible are for the provision of 
supportive services, whether provided by the HA or through partnerships 
with other social service agencies. Facilities assisted shall be on or 
near the premises of public or Indian housing. Two or more HAs may 
apply jointly if they demonstrate that it is feasible to run the 
program together; however, the maximum grant per application under this 
NOFA is $1,000,000.
    Although the program is intended to benefit public and Indian 
housing residents, an applicant that is otherwise eligible and is 
combining FIC activities with FSS activities may use FIC funds to serve 
both HA residents and section 8 families who are participating in the 
FSS Program. For all other families using FIC services, costs incurred 
are to be borne by other resources.
    To be eligible under this NOFA, a HA cannot have serious 
unaddressed, outstanding Inspector General audit findings or fair 
housing and equal opportunity monitoring review findings or Field 
Office management review findings. In addition, the HA must be in 
compliance with civil rights laws and equal opportunity requirements. A 
HA will be considered to be in compliance if:
    (a) As a result of formal administrative proceedings, there are no 
outstanding findings of noncompliance with civil rights laws unless the 
HA is operating in compliance with HUD-approved compliance agreement 
designed to correct the area(s) of noncompliance;
    (b) There is no adjudication of a civil rights violation in a civil 
action brought against it by a private individual, unless the HA 
demonstrates that it is operating in compliance with a court order, or 
implementing a HUD-approved resident selection and assignment plan or 
compliance agreement, designed to correct the area(s) of noncompliance;
    (c) There is no deferral of Federal funding based upon civil rights 
violations;
    (d) HUD has not deferred application processing by HUD under Title 
VI of the Civil Rights Act of 1964, the Attorney General's Guidelines 
(28 CFR 50.3) and HUD's Title VI regulations (24 CFR 1.8) and 
procedures (HUD Handbook 8040.1) [PHAs only] or under section 504 of 
the Rehabilitation Act of 1973 and HUD regulations (24 CFR 8.57) [PHAs 
and IHAs];
    (e) There is no pending civil rights suit brought against the HA by 
the Department of Justice; and
    (f) There is no unresolved charge of discrimination against the HA 
issued by the Secretary under section 810(g) of the Fair Housing Act, 
as implemented by 24 CFR 103.400.
    (2) Eligible Activities. Program funds may be used for the 
following activities:
    (a) The renovation, conversion, or combination of vacant dwelling 
units in a HA development to create common areas to accommodate the 
provision of supportive services;
    (b) The renovation of existing common areas in a HA development to 
accommodate the provision of supportive services;
    (c) The renovation of facilities located near the premises of one 
or more HA developments to accommodate the provision of supportive 
services;
    (d) The provision of not more than 15 percent of the total cost of 
supportive services (which may be provided directly to eligible 
residents by the HA or by contract or lease through other appropriate 
agencies or providers), but only if the HA demonstrates that:
    (i) The supportive services are appropriate to improve the access 
of eligible residents to employment and educational opportunities; and
    (ii) The HA has made diligent efforts to use or obtain other 
available resources to fund or provide such services; and
    (e) The employment of service coordinators.
    (3) Other Eligibility Related Requirements. (a) Grants used solely 
for the activities listed in paragraphs (a), (b), or (c) of Section 
I.E(2), ``Eligible Activities,'' of this NOFA, shall be completed 
within three years of the effective date of the grant. Each applicant 
should submit a description of the renovation or conversion to be 
conducted, along with a budget and timetable for those activities. 
Other eligible activities may be funded over a maximum five-year 
period.
    (b) Each applicant must submit a budget, timetable, and list of 
milestones for the five-year period (following initial receipt of 
funding), at least, covered by the applicant's description of 
supportive services. Milestones shall include the number of families to 
be served, types of services, and dollar amounts to be allocated over 
the five-year period.
    (c) Each applicant must demonstrate a firm commitment of assistance 
from one or more sources ensuring that supportive services will be 
provided for not less than one year following the completion of 
activities funded under this NOFA.
    (d) When a grant application is approved, the HA must receive 
approval from HUD to conduct renovation or conversions. Approval must 
be provided prior to drawing down funds.
    (e) If a renovation is done off-site, the HA must provide 
documentation that it has control of the proposed property. Control can 
be evidenced through a lease agreement, ownership documentation, or 
other appropriate documentation (see Sections III.B(3) and III.C(15) of 
this NOFA).
F. Other Program Requirements
    (1) Resident Involvement. The Department has a longstanding policy 
of encouraging HAs to promote resident involvement, and to facilitate 
cooperative partnerships to achieve specific and mutual goals. 
Therefore, residents must be included in the planning and 
implementation of this program. The HA shall develop a process that 
assures that RC/RMC/RO representatives and residents are fully briefed 
and have an opportunity to comment on the proposed content of the HA's 
application in response to this NOFA. The HA shall give full 
consideration to the comments and concerns of the residents. The 
process shall include:
    (a) Informing residents of the selected developments regarding the 
preparation of the application, and providing for residents to assist 
in the development of the application, as appropriate.
    (b) Once a draft application has been prepared, the HA shall make a 
copy available for reading in the management office; provide copies of 
the draft to any resident organization representing the residents of 
the development(s) involved; and provide adequate opportunity for 
comment by the residents of the development and their representative 
organizations prior to making the application final.
    (c) Provide to any resident organization representing the 
development a summary of the resident comments and its response to 
them, and notify residents of the development(s) that this summary and 
response are available for reading in the management office.
    (d) After HUD approval of a grant, notify residents of the 
development, and any representative organizations of approval, of the 
grant; notify the residents of the availability of the HUD approved 
implementation schedule in the management office for reading; and 
develop a system to facilitate a regular resident role in all aspects 
of program implementation.
    (2) Training/Employment/Contracting of HA Residents. (a) Section 3 
of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) 
(Section 3) requires that programs of direct financial assistance 
administered by HUD provide, to the greatest extent feasible, 
opportunities for job training and employment to lower income residents 
in connection with projects in their neighborhoods. For purposes of 
training and employment, the HA may offer opportunities to Section 3 
residents in the following priority: (i) Residents of the housing 
development for which the assistance is being provided; (ii) residents 
who reside within a project area as defined in 24 CFR 135.15 and who 
reside in developments managed by the HA that is expending the 
assistance; and (iii) other residents of the Section 3 area. Therefore, 
at a minimum each HA and each of its contractors and subcontractors 
receiving funds under this program shall make best efforts to employ HA 
residents to provide services and renovation or conversion work.
    (b) For purposes of the requirements under Section 3, a best effort 
means that the HA shall:
    (1) Attempt to recruit HA residents from the appropriate areas 
through local advertising media, signs placed at the proposed FIC 
project site, and community organizations and public or private 
institutions operating within the development area. The HA shall 
include in its outreach and marketing efforts, procedures to attract 
the least likely to apply for this program because it includes 
construction/renovation type of activities, i.e., low-income households 
headed by women and persons with disabilities; and
    (2) Determine the qualifications of HA residents when they apply, 
either on their own or on referral from any source, and employ HA 
residents if their qualifications are satisfactory and the contractor 
has openings. If the HA is unable to employ residents determined to be 
qualified, those residents shall be listed for the first available 
openings.
    (3) Davis-Bacon Requirements. All laborers and mechanics employed 
by contractors or the HA in renovation or conversion (including 
combining of units) on the premises of the HA development to 
accommodate the provision of supportive services under this program 
shall be paid not less than the wages prevailing in the locality, as 
predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act 
(40 U.S.C. 276a--276a-5). All architects, technical engineers, 
draftsmen, and technicians employed with respect to such work shall be 
paid not less than the wages prevailing in the locality as determined 
by HUD. These requirements do not apply to volunteers under the 
conditions set out in 24 CFR part 70.
    (4) Resident Compensation. Residents employed to provide services 
funded under this program or described in the application shall be paid 
at a rate not less than the highest of:
    (a) The minimum wage that would be applicable to the employees 
under the Fair Labor Standards Act of 1938 (FLSA), if section 6(a)(1) 
of the FLSA applied to the resident and if the resident were not exempt 
under section 13 of the FLSA;
    (b) The State or local minimum wage for the most nearly comparable 
covered employment; or
    (c) The prevailing rate of pay for persons employed in similar 
public occupations by the same employer.
    (5) Treatment of Income. (a) 1937 Act. As provided in section 22(i) 
of the United States Housing Act of 1937 (1937 Act), no service 
provided to a HA resident under this program may be treated as income 
for the purpose of any other program or provision of State, Tribal, or 
Federal law. Program participation shall begin on the first day the 
resident enters training or begins to receive services. Furthermore, 
the earnings of and benefits to any HA resident resulting from 
participation in the FIC program shall not be considered as income in 
computing the tenant's total annual income that is used to determine 
the tenant rental payment during:
    (i) The period that the resident participates in the program; and
    (ii) The period that begins with the commencement of employment of 
the resident in the first job acquired by the resident after completion 
of the program that is not funded by assistance under the 1937 Act, and 
ends on the earlier of:
    (A) The date the resident ceases to continue employment without 
good cause; or
    (B) The expiration of the 18-month period beginning on the date of 
commencement of employment in the first job not funded by assistance 
under this program.
    (b) NAHA. In addition, as provided in section 957 of NAHA, the rent 
charged to a family whose monthly adjusted income increases as a result 
of the employment of a member of the family who was previously 
unemployed may not be increased as a result of the increased monthly 
adjusted income due to such employment by more than 10 percent in each 
12-month period during the 36-month period beginning upon such 
employment.
    (6) Reports. Each HA receiving a grant shall submit to HUD an 
annual progress report, participant evaluation and assessment data and 
other information, as needed, regarding the effectiveness of FIC in 
achieving self-sufficiency.
G. Ranking Factors
    Each application for grant award will be evaluated if it is 
submitted as required under Section II.B of this NOFA and meets the 
eligibility requirements in Section I.E of this NOFA. Applications 
submitted for funds that include renovation, conversion, or combination 
of dwelling unit activities will be competitively selected based on the 
highest scores out of a possible 135 points. Applications submitted for 
funds solely to implement supportive services will be competitively 
selected based on the highest scores out of a possible 140 points.
    Initially, HUD will distribute funds geographically in order to 
seek diversity through an appropriate mix of public and Indian housing 
authorities. Grants will be awarded to the two highest ranked eligible 
applicants in each funding category per HUD region. In addition, grants 
will be awarded to the two highest ranked eligible IHA applications in 
each funding category on a nationwide basis. All of the remaining 
applications will then be placed in overall nationwide ranking order, 
with the remaining funds granted in order of rank until all funds are 
awarded.
    HUD will review and evaluate the application as follows, according 
to whether the application seeks funds for supportive services only or 
for other activities.
    (1) Conversion/Renovation/Supportive Services Activities (Maximum 
135 points).
    Applications for funds for these activities will be scored on the 
following factors:
    (a) Evidence of the need for supportive services by eligible 
residents [10 points];
    (b) The extent to which the envisioned renovation, conversion and 
combination activities are appropriate to facilitate the provision of 
FIC services [15 points];
    (c) The extent to which each service provider has evidenced that 
supportive services and other resources will be provided until at least 
the later of: (i) five years following the initial receipt of funding 
under this NOFA; or (ii) one year following the completion of 
activities funded under this NOFA [25 points];
    (d) The extent to which the HA has demonstrated that it has 
partnered with residents in the planning phase for the FIC, and will 
further include the residents in the implementation phase [15 points];
    (e) The extent to which the HA has demonstrated that it will 
contract with or employ residents to provide services and conduct 
conversion and renovation activities [15 points];
    (f) Certification that the HA is implementing a FSS program. IHAs, 
without FSS programs, that have established counseling programs such as 
those found in Mutual Help (MH) may provide similar certification [5 
points];
    (g) The ability of the HA or designated service provider to provide 
the supportive services [5 points];
    (h) The extent to which the HA has coordinated implementation of 
the program, including those in target areas such as Weed and Seed, 
Distressed, etc., with tribal, State, or local social service agencies 
[10 points]. In assigning points for this factor, HUD shall consider 
the extent of the involvement of those agencies in the development of 
the application and their commitment of assistance in the 
implementation of the FIC. The commitment of these agencies may be 
demonstrated through evidence of intent to provide direct financial 
assistance or other resources, such as social services (i.e., 
counseling and training); the use of public/Indian housing funds 
available through existing State and local programs; or other 
commitments.
    (i) The extent to which the HA has demonstrated success in 
modernization activities under the Comprehensive Grant/Comprehensive 
Improvement Assistance (CIAP) Programs (see 24 CFR part 968), the 
extent to which the HA has a good record of maintaining and operating 
public housing as determined by the Public Housing Management 
Assessment Plan (PHMAP) (see 24 CFR part 901) [10 points], and has 
utilized innovative and workable strategies to improve management 
(e.g., LEAP, which uses highly skilled retired military personnel in 
key management positions); and
    (j) The extent to which the HA has demonstrated that it will commit 
to its FIC part of its formula allocation of Comprehensive Grant 
Program (CGP) funds for CGP-eligible activities that result in 
employment, training, and contracting opportunities for eligible 
residents [25 points].
    (2) Supportive Services Only (Maximum 140 points). Applications for 
funds for these activities will be scored on the following factors:
    (a) Evidence of the need for supportive services by eligible 
residents. [10 points];
    (b) Certification that the HA has control of a site to facilitate 
the provision of supportive services appropriate for the FIC program 
[10 points];
    (c) The extent to which each service provider has evidenced that 
supportive services and other resources will be provided until at least 
the later of: (i) five years following the initial receipt of funding 
under this NOFA; or (ii) one year following the completion of 
activities funded under this NOFA [25 points];
    (d) The extent to which the HA has demonstrated that it has 
included residents in the planning phase for the FIC, and will further 
include the residents in the implementation phase [10 points];
    (e) The extent to which the HA has demonstrated that it will 
contract with or employ residents to provide services [15 points];
    (f) Certification that the HA is implementing a FSS program. IHAs, 
without FSS programs, that have established counseling programs such as 
those found in Mutual Help (MH) may provide similar certification [5 
points];
    (g) Past experience in obtaining and providing similar services for 
HA families [15 points];
    (h) The ability of the HA or a designated service provider to 
provide the supportive services [5 points];
    (i) The extent to which the HA has a good record of maintaining and 
operating public housing, as determined by its Public Housing 
Management Assessment Plan (PHMAP), and has utilized innovative and 
workable strategies to improve management (e.g., LEAP, which uses 
highly skilled retired military personnel in key management positions) 
[10 points];
    (j) The extent to which the HA has coordinated implementation of 
the program, including those in target areas such as Weed and Seed, 
Distressed, etc., with tribal, State and/or local social service 
agencies [10 points]. In assigning points for this factor, HUD shall 
consider the involvement of those agencies in the development of the 
application and their commitment of assistance in the implementation of 
the FIC. The commitment of these agencies may be demonstrated through 
evidence of intent to provide direct financial assistance or other 
resources, such as social services (e.g., counseling and training); the 
use of public/Indian housing funds available through existing State and 
local programs; or other commitments; and
    (k) Extent to which the HA has demonstrated that it will commit to 
its FIC part of its formula allocation of Comprehensive Grant Program 
(CGP) funds for CGP-eligible activities that result in employment, 
training, and contracting opportunities for its residents [25 points].
H. Environmental Review
    Any environmental impact regarding eligible activities will be 
addressed through an environmental review of that activity as required 
by 24 CFR part 50, including the applicable related laws and 
authorities under section 50.4, to be completed by HUD, to ensure that 
any environmental impact will be addressed before assistance is 
provided to the HA. Grantees will be expected to adhere to all 
assurances applicable to environmental concerns as contained in this 
NOFA and grant agreements.

II. Application Submissions Process

A. Application Kit
    An application kit is required as the formal submission to apply 
for funding. The kit includes information and guidance on preparation 
of a Plan and Budget for activities proposed by the applicant. This 
process facilitates the execution of the grant for those selected to 
receive funding. An application may be obtained from the local HUD 
Field/Indian Offices with delegated responsibilities over an applying 
HA (See Appendix A for listing), or by calling HUD's Resident 
Initiatives Clearinghouse toll free number 1-800-955-2232. Requests for 
application kits must include your name, mailing address or P.O. Box 
(including zip code), and telephone number (including area code), and 
should refer to document FR-3397-N-01. Applications may be requested 
beginning March 24, 1994.
B. Application Submission
    The original and two copies of the application must be submitted. 
The Appendix lists addresses of HUD Field/Indian Offices that will 
accept the completed application.
    The application must be physically received by 4:30 p.m., local 
time, on June 22, 1994. This application deadline is firm to date and 
hour. In the interest of fairness to all competing applicants, the 
Department will treat as ineligible for consideration any application 
that is received after the deadline. Applicants should take this 
practice into account and make early submission of their applications 
to avoid any risk of loss of eligibility brought on by unanticipated 
delays or other delivery-related problems. Facsimile and telegraphic 
applications are not authorized and shall not be considered.

III. Checklist of Application Submission Requirements

    The Application Kit will contain a checklist of all application 
submission requirements to complete the application process.
    A. Applications for Supportive Services Only must contain the 
following information:
    (1) Name and address (or P.O. Box) of the HA. Name and telephone 
number of contact person (in the event further information or 
clarification is needed during the application review process);
    (2) SF-424A, Budget Information, Non-Construction Programs, and SF-
424B, Assurances, Non-Construction Programs;
    (3) A description of the need for supportive services by eligible 
residents;
    (4) A description of the supportive services that are to be 
provided over at least a 5-year period after the initial receipt of 
funding under this NOFA, and how the supportive services will enhance 
education and job opportunities for residents;
    (5) Evidence of a firm commitment of assistance from one or more 
sources ensuring that the supportive services will be provided for not 
less than one year following the completion of activities funded under 
this NOFA. Evidence shall be in the form of a letter or resolution. A 
cost allocation plan shall be submitted outlining the one-year 
commitment;
    (6) A description of public or private sources of assistance that 
can reasonably be expected to fund or provide supportive services, 
including evidence of any intention to provide assistance expressed by 
State and local governments, private foundations, and other 
organizations (including profit and nonprofit organizations);
    (7) A description of the plan for continuing operation of the FIC, 
and the provision of services to families after completion of the later 
of: (i) Five years following the initial receipt of funding under this 
NOFA; or (ii) one year following the completion of activities funded 
under this NOFA;
    (8) A certification from an appropriate service agency (in the case 
of FSS, the certification may be from the Coordinating Committee) that:
    (a) The provision of supportive services is well designed to 
provide families better access to educational and employment 
opportunities; and
    (b) There is a reasonable likelihood that such services will be 
funded or provided for the entire five-year period, at least, after the 
initial receipt of funding under this NOFA.
    (9) A description of assistance for which the HA is applying;
    (10) A narrative on the location of the FIC facility. Provide the 
precise location of the facility to be used for FIC, and indicate its 
accessibility to residents, including distance from the development(s), 
and transportation necessary to receive services;
    (11) Evidence that the HA has control of the FIC site. If the 
facility is off-site, the HA shall include copies of the negotiated 
lease and the terms, an option to lease, indicating that the facility 
is available to the HA for use as a FIC for the period ending the later 
of: (i) Five years following the initial receipt of funding under this 
NOFA, or (ii) one year following the completion of activities funded 
under this NOFA; lease and the terms, an option description of the
    (12) A certification that the HA is implementing a FSS program, if 
applicable. IHAs, without FSS programs, that have established 
counseling programs such as those found in Mutual Help (MH) should 
provide similar certification, if applicable;
    (13) A certification that funds used to pay for a Service 
Coordinator are not duplicate expenses from any other program, 
including FSS;
    (14) A description of the resident involvement in the planning and 
implementation phases of this program;
    (15) A description of the services that HA residents will be 
employed to provide;
    (16) Letters of commitment. The letters should identify all 
commitments for additional resources to be made available to the 
program from the applicant and other State, local, or private entities. 
The description shall include, but is not limited to, the commitment 
source, source committed, availability and use of funds, and other 
conditions associated with the loan, grant, gift, donation, 
contribution, etc. Commitments from State or local agencies may 
include, but are not limited to, vocational, adult, and bilingual 
education; Job Partnership Training Act (JTPA) and Family Support Act 
of 1988 job training programs; child care; and social services 
assistance, counseling or drug addiction services. Commitments may 
include in-kind contributions, on-site journeymen or equivalent 
instructors, transportation, or other resources for use by participants 
of the FIC;
    (17) Certification that efforts were made to use or obtain other 
resources to fund or provide the services proposed;
    (18) Certification of the extent to which the HA will commit to its 
FIC part of its formula allocation of Comprehensive Grant Program funds 
for CGP eligible activities that result in employment, training, and 
contracting opportunities for eligible residents;
    (19) A project budget, timetable and narrative;
    (20) Certification that FIC funding will not duplicate any other 
HUD funding, including CGP funding.
    (21) Equal Opportunity Requirements. The HA must certify that it 
will carry out activities assisted under the program in compliance 
with:
    (a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619) 
and implementing regulations at 24 CFR parts 100, 107, 109, 110, and 
121; and Executive Order 11063 (Equal Opportunity Housing implementing 
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted 
Programs) and implementing regulations issued at 24 CFR part 1;

(Note: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4), which prohibits discrimination on the basis of race, color 
or national origin in federally assisted programs, and the Fair 
Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination 
based on race, color, religion, sex or national origin in the sale 
or rental of housing, do not apply to Indian housing authorities 
(IHAs) established by exercise of a Tribe's powers of self-
government. Title VI and the Fair Housing Act (24 CFR parts 1 and 
100) shall not be applicable to the development or operation of 
projects by such IHAs.)

    (b) 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; the prohibition against 
discrimination against individuals with a disability under section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 24 CFR part 8; and the requirements of Executive Order 
11246 and the implementing regulations issued at 41 CFR chapter 60;
    (c) The requirements of section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u and implementing regulations 
at 24 CFR part 135; and
    (d) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, the grantee 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with activities funded under this notice.
    (22) Form HUD-2880, Applicant/Recipient Disclosure Update Report 
must be completed in accordance with 24 CFR part 12, Accountability in 
the Provision of HUD Assistance. A copy is provided in the application 
kit.
    (23) Drug-Free Workplace Certification. The Drug-Free Workplace Act 
of 1988 (42 U.S.C. 701) requires grantees of federal agencies to 
certify that they will provide drug-free workplaces. Each potential 
recipient under this NOFA must certify that it will comply with drug-
free workplace requirements in accordance with the Act and with HUD's 
rules at 24 CFR part 24, subpart F.
    (24) Certification regarding Lobbying. Section 319 of the 
Department of the Interior Appropriations Act, Public Law 101-121, 
approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'') 
generally prohibits recipients of Federal contracts, grants, and loans 
from using appropriated funds for lobbying the Executive or Legislative 
Branches of the Federal Government in connection with a specific 
contract, grant or loan. The Department's regulations on these 
restrictions on lobbying are codified at 24 CFR part 87. To comply with 
24 CFR 87.110, any HA submitting an application under this announcement 
for more than $100,000 of budget authority must submit a certification 
and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).
    (25) A certification that:
    (a) The HA will include in any contract for renovation or 
conversion (including combining of units) on the premises of the HA 
development to accommodate the provision of supportive services under 
this program, a requirement that all laborers and mechanics (other than 
volunteers under the conditions set out in 24 CFR part 70) shall be 
paid not less than the wages prevailing in the locality, as 
predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act 
(40 U.S.C. 276a--276a-5);
    (b) The HA will include in such contracts a requirement that all 
architects, technical engineers, draftsmen, and technicians (other than 
volunteers) shall be paid not less than the wages prevailing in the 
locality as determined by HUD; and
    (c) The HA will pay such wage rates to its own employees engaged in 
this work.
    B. Applications for Renovation/Conversion Activities Only must 
contain the following information:
    (1) Name and address (or P.O. Box) of the HA. Name and telephone 
number of contact person (in the event further information or 
clarification is needed during the application review process);
    (2) A narrative on the location of the off-site facility. if 
applicable. Provide the precise location of the FIC facility (street 
address) and indicate its accessibility to residents, including 
distance from the development(s), and transportation necessary to 
receive services;
    (3) Evidence that the HA has control of the proposed off-site 
premises. This shall include copies of the negotiated lease and the 
terms, an option to lease, indicating that the facility will be 
available to the HA for use as a FIC for the period ending the later 
of: (i) Five years following the initial receipt of funding under this 
NOFA; or (ii) one year following the completion of activities funded 
under this NOFA;
    (4) A description of services that the HA expects to be provided, 
to the greatest extent practicable, by HA residents, as described in 
Section I.F(2) of this NOFA. The Description shall include the position 
titles and numbers of residents expected to be employed for renovation/
conversion activities;
    (5) Certification of the extent to which the HA will commit to its 
FIC part of its formula allocation of Comprehensive Grant Program (CGP) 
funds for CGP eligible activities that result in employment, training, 
and contracting opportunities for eligible residents;
    (6) A project budget, timetable and narrative;
    (7) Certification that FIC funding will not duplicate any other HUD 
funding, including CGP funding.
    (8) Equal Opportunity Requirements. The HA must certify that it 
will carry out activities assisted under the program in compliance 
with:
    (a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619) 
and implementing regulations at 24 CFR parts 100, 107, 109, 110, and 
121; and Executive Order 11063 (Equal Opportunity Housing implementing 
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted 
Programs) and implementing regulations issued at 24 CFR part 1;

(Note: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4), which prohibits discrimination on the basis of race, color 
or national origin in federally assisted programs, and the Fair 
Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination 
based on race, color, religion, sex or national origin in the sale 
or rental of housing, do not apply to Indian housing authorities 
(IHAs) established by exercise of a Tribe's powers of self-
government. Title VI and the Fair Housing Act (24 CFR parts 1 and 
100) shall not be applicable to the development or operation of 
projects by such IHAs.)

    (b) 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; the prohibition against 
discrimination against individuals with a disability under section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 24 CFR part 8 and Title II or the Americans with 
Disabilities Act of 1009 (42 U.S.C. 12131) and implementing regulation 
at 28 CFR part 35; and the requirements of Executive Order 11246 and 
the implementing regulations issued at 41 CFR chapter 60;
    (c) The requirements of section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u and implementing regulations 
at 24 CFR part 135; and
    (d) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, the grantee 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with activities funded under this notice.
    (8) Evidence of a firm commitment of assistance from one or more 
sources ensuring that the supportive services will be provided for not 
less than one year following the completion of activities funded under 
this NOFA. Evidence shall be in the form of a letter or resolution. A 
cost allocation plan shall be submitted outlining the one-year 
commitment;
    (9) Form HUD-2880, Applicant/Recipient Disclosure Update Report 
must be completed in accordance with 24 CFR part 12, Accountability in 
the Provision of HUD Assistance. A copy is provided in the application 
kit.
    (10) Drug-Free Workplace Certification. The Drug-Free Workplace Act 
of 1988 (42 U.S.C. 701) requires grantees of federal agencies to 
certify that they will provide drug-free workplaces. Each potential 
recipient under this NOFA must certify that it will comply with drug-
free workplace requirements in accordance with the Act and with HUD's 
rules at 24 CFR part 24, subpart F.
    (11) Certification regarding Lobbying. Section 319 of the 
Department of the Interior Appropriations Act, Public Law 101-121, 
approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'') 
generally prohibits recipients of Federal contracts, grants, and loans 
from using appropriated funds for lobbying the Executive or Legislative 
Branches of the Federal Government in connection with a specific 
contract, grant or loan. The Department's regulations on these 
restrictions on lobbying are codified at 24 CFR part 87. To comply with 
24 CFR 87.110, any HA submitting an application under this announcement 
for more than $100,000 of budget authority must submit a certification 
and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).
    (12) A certification that:
    (a) The HA will include in any contract for renovation or 
conversion (including combining of units) on the premises of the HA 
development to accommodate the provision of supportive services under 
this program, a requirement that all laborers and mechanics (other than 
volunteers under the conditions set out in 24 CFR part 70) shall be 
paid not less than the wages prevailing in the locality, as 
predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act 
(40 U.S.C. 276a--276a-5);
    (b) The HA will include in such contracts a requirement that all 
architects, technical engineers, draftsmen, and technicians (other than 
volunteers) shall be paid not less than the wages prevailing in the 
locality as determined by HUD; and
    (c) The HA will pay such wage rates to its own employees engaged in 
this work.
    C. Applications for Both Supportive Services and Renovation/
Conversion Activities must contain the following information:
    (1) Name and address (or P.O. Box) of the HA. Name and telephone 
number of contact person (in the event further information or 
clarification is needed during the application review process);
    (2) SF-424A, Budget Information, Non-Construction Programs, and SF-
424B, Assurances, Non-Construction Programs;
    (3) A description of assistance for which the HA is applying;
    (4) A description of the need for supportive services by eligible 
residents;
    (5) Evidence of a firm commitment of assistance from one or more 
sources ensuring that the supportive services will be provided for not 
less than one year following the completion of activities funded under 
this NOFA. Evidence shall be in the form of a letter or resolution. A 
cost allocation plan shall be submitted outlining the one-year 
commitment;
    (6) A description of the plan for continuing operation of the FIC 
and the provision of supportive services to families after the later 
of: (i) five years following the initial receipt of funding under this 
NOFA; or (ii) one year following the completion of activities funded 
under this NOFA;
    (7) A description of services that the HA expects to be provided, 
to the greatest extent practicable by HA residents as provided under 
Section I.F(2) of this NOFA;
    (8) A description of the positions and numbers of residents 
expected to be employed for renovation, conversion, and other eligible 
activities;
    (9) A certification that the HA is implementing a FSS program, if 
applicable. IHAs, without FSS programs, that have established 
counseling programs such as those found in Mutual Help (MH) should 
provide similar certification, if applicable;
    (10) A description of the resident involvement in the planning and 
implementation phases of this program.
    (11) Certification of the extent to which the HA will commit to its 
FIC part of its formula allocation of Comprehensive Grant Program (CGP) 
funds for CGP eligible activities that result in employment, training, 
and contracting opportunities for eligible residents;
    (12) A project budget, timetable, and narrative;
    (13) Letters of commitment. Identify all commitments for additional 
resources to be made available to the program from the applicant and 
other State, local, or private entities. The description shall include, 
but is not limited to, the commitment source, source committed, 
availability and use of funds, and other conditions associated with the 
loan, grant, gift, donation, contribution, etc. Commitments from State 
or local agencies may include, but are not limited to, vocational, 
adult, and bilingual education; JTPA and Family Support Act of 1988 job 
training programs; child care; and social services assistance, 
counseling or drug addiction services. Commitments may include in-kind 
contributions, on-site journeymen or equivalent instructors, 
transportation, or other resources for use by participants of the FIC.
    (14) A narrative on the location of the off-site facility. if 
applicable. Provide the precise location of the FIC facility (street 
address) and its accessibility to residents including distance from the 
development(s), and transportation necessary to receive services;
    (15) Evidence that the HA has control of the proposed off-site 
premises. This shall include copies of the negotiated lease and the 
terms, an option to lease, indicating that the facility will be 
available to the HA for use as a FIC for the period ending the later 
of: (i) Five years following the initial receipt of funding under this 
NOFA; or (ii) one year following the completion of activities funded 
under this NOFA;
    (16) Certification that FIC funding will not duplicate any other 
HUD funding, including CGP funding.
    (17) Equal Opportunity Requirements. The HA must certify that it 
will carry out activities assisted under the program in compliance 
with:
    (a) The requirements of the Fair Housing Act (42 U.S.C. 3601-3619) 
and implementing regulations at 24 CFR parts 100, 107, 109, 110, and 
121; and Executive Order 11063 (Equal Opportunity Housing implementing 
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted 
Programs) and implementing regulations issued at 24 CFR part 1;

(Note: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4), which prohibits discrimination on the basis of race, color 
or national origin in federally assisted programs, and the Fair 
Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination 
based on race, color, religion, sex or national origin in the sale 
or rental of housing, do not apply to Indian housing authorities 
(IHAs) established by exercise of a Tribe's powers of self-
government. Title VI and the Fair Housing Act (24 CFR parts 1 and 
100) shall not be applicable to the development or operation of 
projects by such IHAs.)

    (b) 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; the prohibition against 
discrimination against individuals with a disability under section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 24 CFR part 8 and Title II of the Americans with 
Disabilities Act of 1009 (42 U.S.C. 12131) and implementing regulation 
at 28 CFR Part 35; and the requirements of Executive Order 11246 and 
the implementing regulations issued at 41 CFR chapter 60;
    (c) The requirements of section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u and implementing regulations 
at 24 CFR part 135; and
    (d) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, the grantee 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with activities funded under this notice.
    (17) Form HUD-2880, Applicant/Recipient Disclosure Update Report 
must be completed in accordance with 24 CFR part 12, Accountability in 
the Provision of HUD Assistance. A copy is provided in the application 
kit.
    (18) Drug-Free Workplace Certification. The Drug-Free Workplace Act 
of 1988 (42 U.S.C. 701) requires grantees of federal agencies to 
certify that they will provide drug-free workplaces. Each potential 
recipient under this NOFA must certify that it will comply with drug-
free workplace requirements in accordance with the Act and with HUD's 
rules at 24 CFR part 24, subpart F.
    (19) Certification regarding Lobbying. Section 319 of the 
Department of the Interior Appropriations Act, Public Law 101-121, 
approved October 23, 1989 (31 U.S.C. 1352) (the ``Byrd Amendment'') 
generally prohibits recipients of Federal contracts, grants, and loans 
from using appropriated funds for lobbying the Executive or Legislative 
Branches of the Federal Government in connection with a specific 
contract, grant or loan. The Department's regulations on these 
restrictions on lobbying are codified at 24 CFR part 87. To comply with 
24 CFR 87.110, any HA submitting an application under this announcement 
for more than $100,000 of budget authority must submit a certification 
and, if applicable, a Disclosure of Lobbying Activities (SF-LLL form).
    (20) A certification that:
    (a) The HA will include in any contract for renovation or 
conversion (including combining of units) on the premises of the HA 
development to accommodate the provision of supportive services under 
this program, a requirement that all laborers and mechanics (other than 
volunteers under the conditions set out in 24 CFR part 70) shall be 
paid not less than the wages prevailing in the locality, as 
predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act 
(40 U.S.C. 276a--276a-5);
    (b) The HA will include in such contracts a requirement that all 
architects, technical engineers, draftsmen, and technicians (other than 
volunteers) shall be paid not less than the wages prevailing in the 
locality as determined by HUD; and
    (c) The HA will pay such wage rates to its own employees engaged in 
this work.

IV. Corrections to Deficient Applications

    After the submission deadline date, HUD will screen each 
application to determine whether it is complete. If an application 
lacks certain technical items, such as certifications or assurances, or 
contains a technical error, such as an incorrect signatory, HUD will 
notify the applicant in writing that it has 14 calendar days from the 
date of HUD's written notification to cure the technical deficiency. If 
the applicant fails to submit the missing material within the 14-day 
cure period, HUD will disqualify the application.
    This 14-day cure period applies only to nonsubstantive deficiencies 
or errors. Deficiencies capable of cure will involve only items not 
necessary for HUD to assess the merits of an application against the 
ranking factors specified in this NOFA.

V. Other Matters

A. Other Federal Requirements
    In addition to the Equal Opportunity Requirements set forth in 
Section III, Checklist of Application Submission Requirements, of this 
NOFA, grantees must comply with the following requirements:
    (1) Ineligible contractors. 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.
    (2) Flood insurance. No building proposed for acquisition, 
construction, reconstruction, repair, or improvement to be assisted 
under this program may be located in an area that has been identified 
by the Federal Emergency Management Agency (FEMA) as having special 
flood hazards, unless the community in which the area is situated is 
participating in the National Flood Insurance Program and the 
regulations thereunder (44 CFR parts 59-79), or less than a year has 
passed since FEMA notification regarding such hazards, and the grantee 
ensures that flood insurance on the structure is obtained in compliance 
with section 102(a) of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.).
    (3) Lead-based paint. The requirements, as applicable, of the Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and 
implementing regulations at 24 CFR parts 35, 965 and 968.
    (4) Applicability of OMB Circulars. The policies, guidelines, and 
requirements of OMB Circular Nos. A-110 and A-122 with respect to the 
acceptance and use of assistance by private nonprofit organizations.
    (5) Relocation and Real Property Acquisition. The Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 and HUD Handbook 1378, Tenant Assistance, Relocation and Real 
Property Acquisition, apply to the acquisition of real property for an 
assisted project and the displacement of any person (family, 
individual, business, nonprofit organization, or farm) as a direct 
result of acquisition, rehabilitation, or demolition for the project.
B. Environmental Review
    A finding of no significant impact with respect to the environment 
has been made in accordance with HUD regulations in 24 CFR part 50 that 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969. (42 U.S.C. 4332). The finding of no significant impact is 
available for public inspection and copying Monday through Friday 
during regular business hours at the Office of the Rules Docket Clerk, 
Office of General Counsel, Room 10276, Department of Housing and Urban 
Development, 451 Seventh Street SW., Washington, DC 20410.
C. Executive Order 12612, Federalism
    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this notice will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As a result, 
the notice is not subject to review under the Order. The notice 
announces the availability of funds to provide families living in 
public or Indian housing with better access to education and job 
opportunities to achieve self-sufficiency and independence.
D. Executive Order 12606, the Family
    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice has potential 
for a significant impact on family formation, maintenance, and general 
well-being. The purpose of the notice is to provide funding to assist 
families living in public or Indian housing with better access to 
education and job opportunities to achieve self-sufficiency and 
independence, and, thus, could benefit families significantly. However, 
because the impact on families is beneficial, no further review is 
considered necessary.
E. Section 102 HUD Reform Act: Documentation and Public Access 
Requirements
    HUD will ensure that documentation and other information regarding 
each application submitted pursuant to this NOFA are sufficient to 
indicate the basis upon which assistance was provided or denied. This 
material, including any letters of support, will be made available for 
public inspection for a five-year period beginning not less than 30 
days after the award of the assistance. Material will be made available 
in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
HUD's implementing regulations at 24 CFR part 15. In addition, HUD will 
include the recipients of assistance pursuant to this NOFA in its 
quarterly Federal Register notice of all recipients of HUD assistance 
awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and 
the notice published in the Federal Register on January 16, 1992 (57 FR 
1942), for further information on these requirements.)
F. Section 103 of the HUD Reform Act
    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) 
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 restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (voice/TDD). (This is not a toll-free number.) 
The Office of Ethics can provide information of a general nature to HUD 
employees, as well. However, a HUD employee who has specific program 
questions, such as whether particular subject matter can be discussed 
with persons outside the Department, should contact his or her Regional 
or Field Office Counsel, or Headquarters counsel for the program to 
which the question pertains.
G. Section 112 of the Reform Act
    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b) contains two provisions dealing with efforts to 
influence HUD's decisions with respect to financial assistance. The 
first imposes disclosure requirements on those who are typically 
involved in these efforts--those who pay others to influence the award 
of assistance or the taking of a management action by the Department 
and those who are paid to provide the influence. The second restricts 
the payment of fees to those who are paid to influence the award of HUD 
assistance, if the fees are tied to the number of housing units 
received or are based on the amount of assistance received, or if they 
are contingent upon the receipt of assistance.
    Section 13 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912). If readers are involved in any 
efforts to influence the Department in these ways, they are urged to 
read the final rule, particularly the examples contained in Appendix A 
of the rule.
    Any questions about the rule should be directed to the Office of 
Ethics, room 2158, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410-3000. Telephone: (202) 708-
3815 (voice/TDD) (This is not a toll-free number.) Forms necessary for 
compliance with the rule may be obtained from the local HUD office.
H. Freedom of Information Act
    Applications submitted in response to this NOFA are subject to 
disclosure under the Freedom of Information Act (FOIA). To assist the 
Department in determining whether to release information contained in 
an application in the event a FOIA request is received, and applicant 
may, through clear earmarking, or otherwise, indicate those portions of 
its application that it believes should not be disclosed. The 
applicants's views will be used solely to aid the Department in 
preparing its response to a FOIA request; however, the Department is 
required by the FOIA to make an independent evaluation of the 
information.
    HUD suggests that an applicant provide a basis, when possible, for 
its belief that confidential treatment is appropriate; general 
assertions or blanket requests for confidentiality, without more 
information, are of limited value to the Department in making 
determinations concerning the release of information under FOIA. The 
Department is required to segregate disclosable information from 
nondisclosable items, so an applicant should be careful to identify 
each portion of the application for which confidential treatment is 
requested.
    The Department emphasizes that the presence or absence of comments 
or earmarking regarding confidential information will have no bearing 
on the evaluation of applications submitted in response to this 
solicitation.
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 of 
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. The 
Department has determined that an IHA established by an Indian Tribe as 
a result of the exercise of its sovereign power is not subject to the 
Byrd Amendment, but an IHA established under State law is subject to 
those requirements and prohibitions.

    Authority: 42 U.S.C. 1437t and 3535(d).

    Dated: February 7, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-4413 Filed 2-25-94; 8:45 am]
BILLING CODE 4210-33-P