[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5536]


[[Page Unknown]]

[Federal Register: March 10, 1994]


_______________________________________________________________________

Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________




Public Housing Drug Elimination; Technical Assistance Program; Notice 
of Funding Availability for Fiscal Year 1994
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3710; FR-3636-N-01]

 
Public Housing Drug Elimination; Technical Assistance Program; 
Notice of Funding Availability for FY 1994

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) 1994.

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

SUMMARY: This NOFA announces the FY 1994 availability of $1,255,175 to 
fund qualified applicants selected under the FY 1993 NOFA and to invite 
additional applicants. 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 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. In the body of this document is information 
concerning the purpose of the NOFA, applicant eligibility, selection 
criteria, eligible and ineligible activities, application processing, 
consultant eligibility, and consultant application processing.

DATES: This NOFA is effective upon publication. Technical assistance 
applications and consultant application kits may be immediately 
submitted to the address specified in the Application Kit. There is no 
application submission deadline for short-term technical assistance 
funds available under this NOFA. Technical assistance applications will 
be reviewed on a continuing basis, until funds available under this 
NOFA are expended.

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 on 1-800-578-3472. 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 or Office of Native American 
Programs (ONAP) with jurisdiction over the relevant housing authority. 
The HUD Field Office copy must be addressed to Director, Public Housing 
Division, or Administrator, Office of Native American Programs.

FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Drug Free 
Neighborhoods Division (DFND), Department of Housing and Urban 
Development, 451 Seventh Street, SW., room 4116, Washington, DC 20410, 
telephone (202) 708-1197. A telecommunications device for hearing or 
speech impaired persons (TDD) is available at (202) 708-0850. (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 review 
under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0133.

I. Purpose and Substantive Description

(a) Authority

    Funds for both training and this technical assistance (TA) program 
have been appropriated by the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1994, (approved October 28, 1993, Pub. L. 103-124), (94 App. Act).
    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 anti-
drug strategies, and generally prepare and educate public housing and 
resident organization staff and residents to address problems related 
to the abuse of controlled substances in public housing communities. 
Housing authorities and eligible resident organizations with or without 
a drug elimination grant in their communities are encouraged to use 
this resource. Technical assistance is not intended for program 
implementation or the financial support of existing programs.

(b) Allocation Amounts

    A total of $1,000,000 in FY 1994 funds is being made available 
under this NOFA. In addition, $255,175 in FY 1993 recoveries is 
available under this NOFA, for a combined total of $1,255,175. Of this 
amount, approximately $340,000 will be use for applicants who received 
sufficient points for funding under the FY 1993 NOFA after FY 1993 
funds were exhausted. The remaining amount, approximately $660,000, is 
available for new applications for short-term technical assistance of 
up to $10,000 per request.

(c) Eligibility

    The following is a listing of eligible applicants, eligible 
consultants, eligible activities, ineligible activities, and general 
program requirements under this NOFA.
(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 represent.
    (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 Housing Drug Elimination Program.
    (vi) In circumstances determined by HUD to be drug-related and to 
require immediate attention, eligible parties may receive technical 
assistance initiated and approved by HUD. These circumstances may 
include, for example, pervasive violence, disputes among tenants, and 
disputes between tenants and management. HUD will use the procedures of 
this NOFA to select a consultant in these cases.
(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 Drug Free Neighborhoods Division (DFND). 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 1-800-578-3472 and submit the packet to the 
address specified in the application kit. (This is 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. 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: Agency organization and management; 
facility operations; program development; experience working with 
residents and community organizations.
    (B) Drug-related experience: Prevention/intervention programs; 
enforcement strategies; alternative programs.
    (C) 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 
three references;
    (B) A resume;
    (C) A narrative statement regarding the consultant's experience in 
the specific skills identified on the Resource Inventory Questionnaire, 
and outlining the consultant's overall approach;
    (D) 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. This 
evidence can include an accountant's statement, W-2 Wage Statements, or 
invoices, and should be supplemented with a statement or other evidence 
of days worked in the course of the particular project (for an invoice) 
or for a tax year in the case of a W-2 Statement.
    (iii) Consultant payment. HUD will determine a specific fee to pay 
a consultant under this NOFA, subject to a maximum cap of the daily 
equivalent of the maximum rate paid for ES-IV of the Executive Schedule 
for Federal White-Collar Workers, based upon the evidence submitted in 
section I.(c)(2)(D), above, of this NOFA.
    (iv) 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 which 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.
(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, the U.S. Department of 
Housing and Urban Development (HUD) has supplemented the Public Housing 
Drug Elimination Program (PHDEP) and Youth Sports Program (YSP) with 
funds for short-term technical assistance (TA). 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 developing and/or implementing their drug elimination 
strategies. The program will fund the use of consultants who can 
provide the necessary consultation and/or training for the types of 
activities outlined below, or to fund the use of consultants who will 
assist the applicant in undertaking a task such as program planning and 
development for future drug elimination strategies, or conducting a 
needs assessment or survey. To assist housing authorities and resident 
councils, the TA program funds efforts in:
    (i) Assessing drug problems in public or Indian housing 
development(s) and surrounding community(ies);
    (ii) Designing and identifying appropriate anti-drug-related 
practices and programs in the following areas:
    (A) Law enforcement strategies, including resident security 
patrols;
    (B) Management techniques;
    (C) Youth initiatives;
    (D) Family management/parenting;
    (E) Resident intervention and assistance programs;
    (F) Community organization and leadership development; and
    (G) Other areas that meet the drug elimination purposes of this 
NOFA, as determined by HUD.
    (iii) Training for housing authority staff and residents in anti-
drug practices, programs and management;
    (iv) Improving overall agency management, operations and 
programming so that the applicant can more effectively respond to 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 they 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.
    (iii) Funding is not permitted for salary or fees to 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 (c)(3)(i-ii) 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 $10,000 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) 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.

(d) Selection Criteria/Ranking Factors

    An application must include the minimum required elements listed at 
section III.(a) of this NOFA, and cannot request assistance for 
ineligible activities as listed in I.(c)(4)(iv), and will be scored 
according to the criteria outlined below:
    (1) 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: 10)
    (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. 
(Maximum points: 10)
    (3) The likelihood that the requested technical assistance will 
assist the applicant's current drug elimination strategy, 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 drug elimination strategy. (Maximum points: 10)

(e) Application Review, Awards, and Payment

(1) Application Review
    Applications will be reviewed as they are received, and will be 
time- and date-stamped to determine their order of receipt. An 
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) of this 
NOFA. Applications that receive a total of 15 or more points, with no 
less than 3 points in any of the three selection criteria in section 
I.(d) of this NOFA will 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 statement (or form), 
and at least 15 points as described in section I.(e)(1) 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. 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. The applicant's preference for a consultant will 
be taken into account. An HA employee may not serve as a consultant to 
his or her employer. An HA employee who serves as a consultant must be 
on annual leave to receive the consultant fee. A list of the suggested 
consultants will be forwarded to the applicant. From this list, the 
applicant will recommend the consultant to provide the requested TA. 
Instructions for consultants to be included in the TA Consultant 
Database are outlined above in section I.(b)(2) of this NOFA.
    (ii) The applicant must contact each TA consultant from the list 
provided. 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 state 
the reasons for its preference. 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.
    (iii) 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; a description of the current drug elimination 
strategy, and a discussion of 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 drug elimination strategy. When the statement 
of work is approved, the consultant will be authorized 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.
(3) Payment for TA Consultants
    The consultant must submit a report of its activities, findings and 
recommendations, a fee invoice, and its expenses and receipts to the 
address specified in the application kit. A copy of the report must 
also be submitted to the applicant. Required elements of these reports 
are outlined in the Guidelines for Consultants book, available from the 
Clearinghouse. 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. Evaluation forms are then sent to the 
applicant, to be completed and returned.

II. Application Process

    (a) Application Kit. An application kit may be obtained from the 
local HUD FO or ONAP, or by calling HUD's Drug Information and Strategy 
Clearinghouse on 1-800-578-3472. The application kit contains 
information on all exhibits and requirements of this NOFA.
    (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. There is no 
application submission deadline for the short-term technical assistance 
grants available under this NOFA. Technical assistance applications 
will be reviewed on a continuing first-come, first-serve basis, until 
funds under this NOFA are no longer available.
    (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. The HUD 
Field Office 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 two pages, which 
responds to each of the selection criteria in section I.(d) of this 
NOFA, or the completed application forms available in the application 
kit, signed by the executive director of the housing authority or the 
authorized representative of the RMC or incorporated RC or RO, 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.
    (b) HUD Form 2880
    (c) If the applicant has a particular consultant to recommend to 
provide the technical assistance, the response should identify the 
consultant and the basis for the recommendation. A consultant 
recommended by an applicant is not guaranteed to be approved to provide 
the requested technical assistance. If the consultant recommended by an 
applicant is not listed in the Consultant Database approved by HUD's 
Drug Free Neighborhoods Division (DFND), the consultant must apply as 
outlined in section I.(c)(2), above, of this NOFA. These consultant 
applications to be included in the TA Consultant Database will be given 
expedited review by the Department. However, a consultant must be 
listed to be eligible for funding under this NOFA.

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) 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 (ICRA) (Title II of the Civil 
Rights Act of 1968, 25 U.S.C. 1301-1303) provides, among other things, 
that ``no Indian tribe in exercising powers of self-government shall * 
* * deny to any person within its jurisdiction the equal protection of 
its laws or deprive any person of liberty or property without due 
process of law.'' The Indian Civil Rights Act applies to any tribe, 
band, or other group of Indians subject to the jurisdiction of the 
United States in the exercise of recognized powers of self-government. 
The ICRA is applicable in all cases where an IHA has been established 
by exercise of tribal powers of self-government.
    (3) The prohibitions against discrimination on the basis of age 
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and 
implementing regulations at 24 CFR part 146, and the prohibitions 
against discrimination against handicapped individuals 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 section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u (Employment Opportunities for 
Lower Income Persons in Connection with Assisted Projects); and
    (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 at 24 CFR 
Part 24, subpart F.

(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 public housing anti-drug-related efforts by 
providing short-term technical assistance. HUD expects that the 
provision of such assistance will better 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 public 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.

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

    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 quarterly 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 112 HUD Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
contains two provisions dealing with efforts to influence HUD's 
decisions with respect to financial assistance. The first imposes 
disclosure requirements on those who are typically involved in these 
efforts--those who pay others to influence the award of assistance or 
the taking of a management action by the Department and those who are 
paid to provide the influence. The second restricts the payment of fees 
to those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912) as 24 CFR part 86. If readers 
are involved in any efforts to influence the Department in these ways, 
they are urged to read the final rule, particularly the examples 
contained in Appendix A of the rule.

    Authority: Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1993 
(approved October 6, 1992, Pub. L. 102-389); Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1994, (approved October 28, 1993, Pub. L. 103-
124).

    Dated: March 2, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-5536 Filed 3-9-94; 8:45 am]
BILLING CODE 4210-13-P