[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Pages 3324-3329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-958]




[[Page 3323]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________



Public Housing Drug Elimination Technical Assistance Program; Funding 
Availability--FY 1995; Notice

  Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / 
Notices    
[[Page 3324]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3841; FR-3790-N-01]


Public Housing Drug Elimination Technical Assistance Program; 
Funding Availability--FY 1995

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) 1995.

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

SUMMARY: This NOFA announces the FY 1995 availability of $3 million to 
fund qualified 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 
drug-related crime and abuse of controlled substances in public and 
Indian housing communities. These funds reimburse consultants who 
provide expert advice and work with housing authorities or resident 
councils to assist them in gaining skills and training to eliminate 
drug abuse and related problems from public housing communities. This 
document describes the purpose of the NOFA, applicant eligibility, 
selection criteria, eligible and ineligible activities, application 
processing, consultant eligibility, and consultant application 
processing.

DATES: This NOFA is effective January 13, 1995. 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 
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 at (800) 578-3472; or for hearing- or speech-
impaired persons (202) 708-0850 (TDD) (The TDD number is not a toll-
free number). The application kit contains information on all exhibits 
and requirements of this NOFA.
    (b) An applicant must submit the application to the address 
specified in the application kit.
    (c) In addition, applicants must simultaneously forward a copy of 
these documents to the HUD Field Office or Office of Native American 
Programs with jurisdiction over the relevant housing authority. This 
copy must be addressed to Director, Public Housing Division, or 
Administrator, Office of Native American Programs, as appropriate.

FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Crime Prevention and 
Security Division (CPSD), Office of Community Relations and Involvement 
(OCRI), Room 4116, Department of Housing and Urban Development, 451 
Seventh Street, SW., 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, 1995 (Pub. L. 103-327, approved September 28, 1994).
    The TA program is intended to provide immediate, short-term (90 
days for completion) training, recommendations, and assistance to 
assess needs, train staff and residents, identify and design 
appropriate strategies to eliminate drugs and drug-related crime, and 
generally prepare and educate public housing and resident organization 
staff and residents to address problems related to crime and the abuse 
of controlled substances in public housing communities. HUD encourages 
housing authorities and eligible resident organizations with or without 
a drug elimination grant in their communities to use this resource. 
Technical assistance is not intended for program implementation or the 
financial support of existing programs.

(b) Allocation Amounts

    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1995 (Pub. L. 
103-327, approved September 28, 1994) appropriated $290 million for the 
Drug Elimination Program, of which $3 million is to be used for funding 
this technical assistance and training program. Of this $3 million, not 
more than $200,000 may be used for applicants who received sufficient 
points for funding under the Fiscal Year (FY) 1994 Notice of Funding 
Availability (NOFA) after FY 1994 funds were exhausted. The remaining 
amount will be available for new applications for short-term technical 
assistance of up to $25,000 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 represents.
    (iii) An eligible RMC must be an entity that proposes to enter 
into, or that enters into, a management contract with a PHA under 24 
CFR part 964, or a management contract with an IHA. An RMC must have 
each of the following characteristics:
    (A) It must be a nonprofit organization that is incorporated under 
the laws of the State or Indian tribe in which it is located.
    (B) It may be established by more than one resident organization or 
resident [[Page 3325]] 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 crime and drug-
related and to require immediate attention because of drug and crime 
issues, eligible parties may receive technical assistance initiated and 
approved by HUD. These circumstances may include, for example, 
consistently poor applications for drug elimination funds, the need for 
training, pervasive drug-related 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.
    (vii) The applicant must have substantially complied with the laws, 
regulations, and Executive Orders applicable to the Drug Elimination TA 
Program, including applicable civil rights laws. Noncompliance may be 
evidenced by: an outstanding finding of civil rights noncompliance, 
unless the applicant demonstrates that it is operating in compliance 
with a HUD-approved compliance agreement designed to correct the 
area(s) of noncompliance; an adjudication of a civil rights violation 
in a civil action brought against it by a private individual, unless 
the applicant demonstrates that it is operating in compliance with a 
court order designed to correct the area(s) of noncompliance; a 
deferral of Federal funding based upon civil rights violations; a 
pending civil rights suit brought against it by the Department of 
Justice; or an unresolved charge of discrimination issued against it by 
the Secretary under section 810(g) of the Fair Housing Act, as 
implemented by 24 CFR 103.400.
(2) Eligible Consultants
    Consultants who want to provide short-term technical assistance 
services under this NOFA must be listed in the Consultant Database 
approved by HUD's Crime Prevention and Security Division (CPSD). To be 
included in that database, consultants must complete, in accordance 
with the requirements of section I(c)(2)(ii), below, of this NOFA, a 
consultant application packet available from the Drug Information and 
Strategy Clearinghouse at (800) 578-3472, or (202) 708-0850 (TDD), and 
submit the packet to the address specified in the application kit. (The 
TDD number is not a toll-free number.)
    (i) Consultant eligibility. HUD is seeking individuals or entities 
who have experience working with public or Indian housing or other low-
income populations to provide short-term technical assistance under 
this NOFA. Consultants who have previously been deemed eligible and are 
part of the TA Consultant Database need not reapply, but they are 
encouraged to update their file with more recent experience and rate 
justification. To qualify as eligible consultants, individuals or 
entities should have experience in one or more of the following general 
areas:
    (A) PHA/IHA-related experience: agency organization and management; 
facility operations; program development; experience working with 
residents and community organizations.
    (B) Anti-crime- and anti-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. For 
consultants who can justify up to the equivalent of ES-IV per day, this 
evidence can include an accountant's statement, W-2 Wage Statements, or 
payment statements, and it should be supplemented with a signed 
statement or other evidence from the employer of days worked in the 
course of the particular project (for a payment statement) or the tax 
year (for a W-2 Statement).
    For consultants who can justify above the equivalent of ES-IV per 
day, there must be three forms of documentation of the daily rate: (1) 
A previous payment statement showing the daily rate paid, or the 
overall amount paid and the number of days for work of a similar nature 
to that offered in this TA program; (2) a certified accountant's 
statement outlining the daily rate; and (3) a signed statement from the 
consultant that the certified daily rate was charged for work of a 
nature similar to that being provided for the Drug Elimination 
Technical Assistance Program. The accountant must be able to 
demonstrate independence from the consultant's business.
    (iii) Consultant payment. HUD will determine a specific fee to pay 
a consultant under this NOFA based upon the evidence submitted in 
section I(c)(2)(ii)(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 [[Page 3326]] Elimination Technical Assistance 
Program.
    (B) Consultants who wish to provide drug elimination technical 
assistance services through this program may not have any involvement 
in the preparation or submission of the TA proposal that requests their 
services. Any involvement of the consultant will be considered a 
conflict of interest, which makes the consultant ineligible for 
providing consulting services to the applicant and could disqualify the 
consultant from future consideration.
(3) Eligible Activities
    To assist the eligible applicants identified in section I(c)(1), 
above, of this NOFA, in responding immediately to drug-related problems 
in public and Indian housing developments, HUD has supplemented the 
Public Housing Drug Elimination Program (PHDEP) and Youth Sports 
Program (YSP) with funds for short-term technical assistance. Short-
term technical assistance means that consultants shall only be 
reimbursed for a maximum of 30 days of work, which must be completed in 
less than 90 days from the date of the approved statement of work. The 
TA program is intended to provide short-term, immediate assistance to 
PHAs, IHAs, RMCs, RCs, and ROs in developing and/or implementing their 
strategies to eliminate drugs and drug-related crime. The program will 
fund the use of consultants who can provide the necessary consultation 
and/or training for the types of activities outlined below, or to fund 
the use of consultants who will assist the applicant in undertaking a 
task such as program planning and development for future strategies to 
eliminate drugs and drug-related crime, or conducting a needs 
assessment or survey. 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-crime and anti-
drug-related practices and programs in the following areas:
    (A) Law enforcement strategies, including negotiating with the 
local police, working with Federal law enforcement, Operation Safe 
Home, Weed and Seed, and other federal anti-crime efforts;
    (B) 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 purposes of eliminating drugs and 
drug-related crime described in this NOFA, as determined by HUD.
    (iii) Training for housing authority staff and residents in anti-
crime and anti-drug practices, programs, and management;
    (iv) Improving overall agency management, operations, and 
programming so that the applicant can more effectively respond to crime 
and drug problems in the targeted public housing development(s).
(4) Ineligible Activities
    (i) Funding is not permitted for any type of monetary compensation 
for residents unless 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 the staff of 
the applicant, or former staff of the applicant within a year of his or 
her leaving the housing authority or resident organization.
    (iv) Funding is not permitted for underwriting conferences.
    (v) Funding is not permitted for conference speakers unless the 
speaker will also be providing additional TA as outlined in the 
eligible activities in sections I(c)(3) (i)-(iv), above, of this NOFA.
    (vi) Funding is not permitted for program implementation, proposal 
writing, the purchase of hardware or equipment, or any activities 
deemed ineligible in the Drug Elimination Program, excluding 
consultant's fees.
(5) General Program Requirements
    (i) Applications for short-term technical assistance may be funded 
up to $25,000 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 and 
cannot request assistance for ineligible activities as listed in 
I(c)(4), above, of this NOFA. Applications 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 strategy to eliminate drugs and drug-
related crime, as described in the application; or, if the applicant 
does not currently have a strategy, the extent to which the technical 
assistance will help them develop a strategy to eliminate drugs and 
drug-related crime. (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), above, 
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), above, 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 scores at least 15 points as described in section I(e)(1), above, 
of this NOFA, it is eligible for funding. If sufficient funds are 
available [[Page 3327]] 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 employee of 
a housing agency (HA) may not serve as a consultant to his or her 
employer. An HA employee who serves as a consultant to someone other 
than his or her employer must be on annual leave to receive the 
consultant fee. A list of the suggested consultants will be forwarded 
to the applicant. From this list, the applicant will recommend a 
consultant to provide the requested technical assistance. Instructions 
for consultants who wish to be included in the TA Consultant Database 
are outlined above in section I(c)(2)(ii), above, 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; and a description of the current crime and drug 
elimination strategy, and how the requested technical assistance will 
assist that strategy. If the applicant does not currently have a 
strategy, there should be a statement of how the technical assistance 
will help them develop a crime and drug elimination strategy. When 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 of TA Consultants.
    The consultant must submit a report of its activities, findings and 
recommendations, a fee invoice, and expenses and original receipts to 
the address specified in the application kit. A copy of the report must 
also be submitted to the applicant. The ``Guidelines for Consultants'' 
book, available from the Clearinghouse, describes the required elements 
of these reports. After the report and expenses have been approved, and 
a verbal or written evaluation is received from the applicant, payment 
will be issued to the consultant.

II. Application Process

(a) Application Kit.

    An application kit may be obtained from the local HUD Field Office 
or Office of Native American Programs, or by calling HUD's Drug 
Information and Strategy Clearinghouse at (800) 578-3472 or (202) 708-
0850 (TDD). (The TDD number is not a toll-free number). 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-served 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. This 
copy must be addressed to Director, Division of Public Housing, or 
Administrator, Office of Native American Programs, as appropriate.

III. Checklist of Application Submission Requirements

    Each application for a grant under this program must include the 
following:
    (a) An application will not be considered for funding unless it 
includes, at a minimum, the following elements:
    (1) An application letter of no more than four pages that responds 
to each of the selection criteria in section I(d), above, of this NOFA, 
or the completed application forms available in the application kit; 
and
    (2) A certification statement, or the form provided in the 
application kit, signed by the executive director of the housing 
authority and the authorized representative of the RMC or incorporated 
RC or RO, certifying that any technical assistance received will be 
used in compliance with all requirements in the NOFA;
    (b) HUD Form 2880; and
    (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 
Crime Prevention and Security Division (CPSD), the consultant must 
apply as outlined in section I(c)(2)(ii), above, of this NOFA. These 
consultant applications to be included in the TA Consultant Database 
will be given expedited review by HUD. 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), 
above, of this NOFA, although missing signatures on the application 
letter, certification, or forms are curable.
[[Page 3328]]

V. Other Matters

(a) Nondiscrimination and Equal Opportunity

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

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

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

(c) Drug-Free Workplace Act of 1988

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

(d) Environmental Impact

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

(e) Family Impact

    The General Counsel, as the Designated Official for Executive Order 
12606, the Family, has determined that the provisions of this NOFA have 
the potential for a positive, although indirect, impact on family 
formation, maintenance, and general well-being within the meaning of 
the Order. The NOFA is designed to assist housing authorities and 
resident organizations in their anti-drug-related efforts by providing 
short-term technical assistance. HUD expects that the provision of such 
assistance will better prepare and educate housing authority and 
resident organization officials to confront the widespread abuse of 
controlled substances in public housing communities. This, in turn, 
would indirectly affect the quality of life for housing residents.

(f) Federalism Impact

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

(g) 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 generally 
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 HUD, 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, based on the 
amount of assistance received, or contingent upon the receipt of 
assistance.
    Section 13 was implemented by final rule published in the Federal 
Register [[Page 3329]] on May 17, 1991 (56 FR 22912) as 24 CFR part 86. 
If readers are involved in any efforts to influence HUD 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 (Pub. 
L. 102-389, approved October 6, 1992); Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1995 (Pub. L. 103-327, approved September 28, 
1994).

    Dated: January 9, 1995.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 95-958 Filed 1-12-95; 8:45 am]
BILLING CODE 4210-33-P