[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Pages 18444-18453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8784]




[[Page 18443]]

_______________________________________________________________________

Part II





Department of Housing and Urban Development





_______________________________________________________________________



NOFA for Fair Housing Initiatives Program; 1995 Competitive 
Solicitation; Notice

  Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / 
Notices   
[[Page 18444]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity
[Docket No. N-95-3901; FR-3878-N-01]


NOFA for Fair Housing Initiatives Program; FY 1995 Competitive 
Solicitation

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: This NOFA announces the availability of up to $14,580,530 of 
1995 Fiscal Year (FY) funding for the Fair Housing Initiatives Program 
(FHIP). This program assists projects and activities designed to 
enforce and enhance compliance with the Fair Housing Act and 
substantially equivalent State and local fair housing laws. In the body 
of this document is information concerning the purpose of the NOFA, 
eligibility, available amounts, selection criteria, how to apply for 
funding, and how selections will be made.

DATES: An application kit for funding under this Notice will be 
available following publication of the Notice. The actual application 
due date will be specified in the application kit. However, applicants 
will be given at least 70 days from today's date, until June 20, 1995, 
to submit their applications. Applications will be accepted if they are 
received on or before the application due date, or are received within 
7 days after the application due date, but with a U.S. postmark or 
receipt from a private commercial delivery service (such as Federal 
Express or DHL) that is dated on or before the application due date.

ADDRESSES: To obtain a copy of the application kit, please write the 
Fair Housing Information Clearinghouse, Circle Solutions, Inc., 8201 
Greensboro Drive, Suite 600, McLean, VA 22102 or call the toll-free 
number 1-800-343-3442 (voice) or 1-800-290-1617 (TDD). Please also 
contact this number if information concerning this NOFA is needed in an 
accessible format.

FOR FURTHER INFORMATION CONTACT: Sharon Bower, Acting Director, Office 
of Fair Housing Initiatives and Voluntary Programs, Room 5234, 451 
Seventh Street SW., Washington, DC 20410-2000. Telephone number (202) 
708-0800. A telecommunications device (TDD) for hearing and speech 
impaired persons is available at (202) 708-0800. (These are not toll-
free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    Application requirements associated with this program have been 
approved by the Office of Management and Budget, under section 3504(h) 
of the Paperwork Reduction Act of 1980 (44 U.S.C. 3054(h)), and 
assigned OMB control number 2529-0033.

I. Purpose and Substantive Description

(a) Authority

    Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 
3601-19 (Fair Housing Act), charges the Secretary of Housing and Urban 
Development with responsibility to accept and investigate complaints 
alleging discrimination based on race, color, religion, sex, handicap, 
familial status or national origin in the sale, rental, or financing of 
most housing. In addition, the Fair Housing Act directs the Secretary 
to coordinate action with State and local agencies administering fair 
housing laws and to cooperate with, and render technical assistance to, 
public or private entities carrying out programs to prevent and 
eliminate discriminatory housing practices.
    Section 561 of the Housing and Community Development Act of 1987, 
42 U.S.C. 3616 note, established the Fair Housing Initiatives Program 
(FHIP) to strengthen the Department's enforcement of the Fair Housing 
Act and to further fair housing. This program assists projects and 
activities designed to enforce and enhance compliance with the Fair 
Housing Act and substantially equivalent State and local fair housing 
laws. Implementing regulations are found at 24 CFR part 125.
    Three general categories of activities were established at 24 CFR 
part 125 for FHIP funding under section 561 of the Housing and 
Community Development Act of 1987: The Administrative Enforcement 
Initiative, the Education and Outreach Initiative, and the Private 
Enforcement Initiative. Section 905 of the Housing and Community 
Development Act of 1992 (HCDA 1992) (Pub. L. 102-550, approved October 
28, 1992), amended section 561 by adding specific eligible applicants 
and activities to the Education and Outreach and Private Enforcement 
Initiatives, as well as an entirely new Fair Housing Organizations 
Initiative.
    More significantly, section 905 has established FHIP as a permanent 
program. As originally promulgated by section 561, FHIP was a 
demonstration program authorized to expire on September 30, 1992. Since 
this demonstration period has passed, and FHIP is now a permanent 
program, the Department has determined that the requirements 
specifically tied to the demonstration period, namely, the testing 
guidelines at Sec. 125.405, are no longer applicable to FHIP. 
Accordingly, the use of these testing guidelines is not required under 
this NOFA. The Department has executed a waiver of Sec. 125.405 for the 
purposes of this NOFA, pending the elimination of this provision in the 
revision of 24 CFR part 125. Because section 905 does not eliminate any 
FHIP provisions other than those related to its status as a 
demonstration program, the Initiatives and activities currently 
eligible under 24 CFR part 125 remain eligible under this NOFA.
    This NOFA further incorporates the HCDA 1992 section 905 FHIP 
additions to the extent of including the new eligible applicants and 
activities, and the new Fair Housing Organizations Initiative. The 
Department solicited public comment on the amendment of 24 CFR part 125 
to effect the changes made by section 905 in a proposed rule published 
in the Federal Register on August 29, 1994 (59 FR 44596). For the 
purpose of future funding rounds, the Department will soon publish a 
rule finalizing the policies and procedures contained in the August 29, 
1994 proposed rule. However, applications for FY 1995 funds will be 
subject to the requirements and deadlines in this NOFA. Eligible 
applicants should not wait for the final rule's publication to prepare 
and submit their FY 1995 applications in response to this NOFA.
    Two of the new eligible applicants, fair housing enforcement 
organizations and qualified fair housing enforcement organizations, are 
given specific definitions, which apply to this NOFA, in section 905:
    Fair housing enforcement organization means any organization that--
    (1) Is organized as a private, tax-exempt, nonprofit, charitable 
organization;
    (2) Is currently engaged in complaint intake, complaint 
investigation, testing for fair housing violations and enforcement of 
meritorious claims; and
    (3) Upon the receipt of FHIP funds will continue to be engaged in 
complaint intake, complaint investigation, testing for fair housing 
violations and enforcement of meritorious claims.
    Qualified fair housing enforcement organization means any 
organization, whether or not it is solely engaged in fair housing 
enforcement activities, that-- [[Page 18445]] 
    (1) Is organized as a private, tax-exempt, nonprofit, charitable 
organization;
    (2) Has at least 2 years experience in complaint intake, complaint 
investigation, testing for fair housing violations and enforcement of 
meritorious claims; and
    (3) Is engaged in complaint intake, complaint investigation, 
testing for fair housing violations and enforcement of meritorious 
claims at the time of application for FHIP assistance.
    On October 5, 1994, HUD published a Notice (59 FR 50763) inviting 
comments from potential applicants for FY 1995 FHIP funds, prior 
grantees and applicants, and any other interested parties, on the 
administration of FHIP funding. HUD was especially interested in 
soliciting comments on the application procedures for funding in 
general and the content of FHIP NOFAs in particular. By the expiration 
of the comment period on November 11, 1994, thirty-six comments had 
been received. HUD is grateful for these comments and has considered 
them in the development of the FY 1995 FHIP NOFA and Application Kit.
    The program components of FHIP are described in the Catalog of 
Federal Domestic Assistance at 14.408, Administrative Enforcement 
Initiative; 14.409, Education and Outreach Initiative; 14.410, Private 
Enforcement Initiative; and 14.413, Fair Housing Organizations 
Initiative.

(b) Allocation Amounts

    For FY 1995, the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 1995 
(approved September 28, 1994, Pub. L. 103-327) (95 App. Act) 
appropriated $26,000,000 for the FHIP program. Of this amount, 
$9,962,024 will be used to fund the second year of FY 1993/1994 multi-
year awards. An additional $1,457,446 is being utilized for the FY 1995 
funding of FY 1994 awards. The remaining $14,580,530 is being made 
available on a competitive basis to eligible organizations that submit 
timely applications and are selected in response to this NOFA. The 
funding selections will be made on the basis of criteria for 
eligibility, factors for award, and completeness of budget information.
    The full cost of FY 1995 multi-year awards, under the Private 
Enforcement Initiative and for the purpose of establishing new 
organizations under the Fair Housing Organizations Initiative, will be 
funded from FY 1995 funds. Recipients of FY 1993/1994 multi-year awards 
may not apply for FY 1995 multi-year funds in the initiative under 
which they are currently funded. Recipients of FY 1993/1994 and FY 1995 
multi-year awards will again be able to apply for such funds in the 
last fiscal year of their multi-year award.
    The Department retains the right to shift funds between the FHIP 
Initiatives listed below, within statutorily prescribed limitations. 
The amounts included in this NOFA are subject to change based on fund 
availability. The total FY 1995 appropriation for the FHIP program is 
divided among the four FHIP Initiatives as follows:
    (1) Administrative Enforcement Initiative. The amount of 3 million 
in FY 1995 funds is available under this NOFA for the Administrative 
Enforcement Initiative.
    (2) Education and Outreach Initiative. The amount of $6,750,000 in 
FY 1995 funds is being used for the Education and Outreach Initiative. 
Of this amount, $3,119,749 is made available under this NOFA for 
National Education and Outreach Initiative programs. An additional $3.5 
million in FY 1995 funds is made available under this NOFA for 
regional, local, and community based programs. Furthermore, $130,251 
will be utilized for the FY 1995 funding of FY 1994 awards.
    (3) Private Enforcement (PE) Initiative. The amount of $9 million 
in FY 1995 funds is being used for the PE Initiative. Of this amount, 
$3,015,299 is made available under this NOFA for four-year projects, 
with an award cap of $600,000 and with incremental funding during the 
life of the award subject to periodic performance reviews. An 
additional $5,330,928 will be used to fund the second year of FY 1993/
1994 multi-year awards and $653,773 will be utilized for the FY 1995 
funding of FY 1994 awards.
    Recipients of FY 1993/1994 multi-year PE Initiative awards may not 
apply for multi-year PE Initiative funds made available under this 
NOFA. Recipients of FY 1993/1994 and FY 1995 multi-year PE Initiative 
awards will again be able to apply for such funds in the last fiscal 
year of their multi-year award. Therefore, FY 1993/1994 multi-year PE 
Initiative grantees, whose current grant will not expire until August, 
1996 or later, may not apply for multi-year PE Initiative funds until 
the FY 1996 FHIP solicitation. Recipients of FY 1995 four-year PE 
Initiative awards must wait until the FY 1999 FHIP solicitation to 
apply for further multi-year PE Initiative funds.
    (4) Fair Housing Organizations (FHO) Initiative. The amount of 
$7,250,000 in FY 1995 funds is being used for the FHO Initiative. Of 
this amount, $1,945,482 is being made available under this NOFA. The 
amount of $945,482 is made available under this NOFA for the continued 
development of new organizations. The amount of $1 million in FY 1995 
funds is available for three-year projects for the purpose of 
establishing new organizations, with an award cap of $500,000 and with 
incremental funding during the life of the award subject to periodic 
performance reviews.
    An additional $673,422 will be utilized for the FY 1995 funding of 
FY 1994 FHO Initiative awards for the continued development of existing 
organizations. Furthermore, $4,631,096 in FY 1995 funds will be used to 
fund the second year of FY 1993/1994 FHO Initiative awards for the 
purpose of establishing new organizations.
    Recipients of FY 1993/1994 multi-year awards for the purpose of 
establishing new organizations under the FHO Initiative may not apply 
for FY 1995 multi-year FHO Initiative funds. Recipients of FY 1993/1994 
and FY 1995 multi-year FHO Initiative awards will again be able to 
apply for such funds in the last fiscal year of their multi-year award. 
Therefore, FY 1993/1994 multi-year FHO Initiative grantees, whose 
current grant will not expire until August, 1996 or later, may not 
apply for multi-year FHO Initiative funds until the FY 1996 FHIP 
solicitation. Recipients of FY 1995 four-year FHO Initiative awards 
must wait until the FY 1999 FHIP solicitation to apply for further 
multi-year FHO Initiative funds.

(c) Eligibility

    Eligible activities, eligible applicants, and additional 
requirements under each Initiative are listed below. All activities and 
materials funded by FHIP must be reasonably accessible to persons with 
disabilities.
    (1) Administrative Enforcement Initiative
    (i) Eligible applicants. The Administrative Enforcement Initiative 
provides funding to State and local fair housing agencies administering 
fair housing laws certified by the Secretary as providing rights and 
remedies that are substantially equivalent to those provided in the 
Fair Housing Act. A State or local fair housing agency, to be eligible 
to participate in the Administrative Enforcement Initiative, must be 
certified by the Assistant Secretary as substantially equivalent under 
24 CFR part 115, or have entered into an agreement with the Department 
for interim referrals, as provided in 24 CFR 115.11. [[Page 18446]] 
    (ii) Eligible activities. Funding will be available to support 
enforcement and compliance activities conducted by eligible State and 
local agencies. Eligible activities may include (but are not limited 
to) the following:
    (A) Projects that focus on the areas of mortgage lending, insurance 
redlining, and appraisal practices;
    (B) Discovering and providing remedies for discrimination in the 
public and private real estate markets and real estate-related 
transactions, including, but not limited to, the making or purchasing 
of loans, the provision of other financial assistance for sales and 
rentals of housing, including insurance redlining and appraisal 
practices, and housing advertising;
    (C) Implementing fair housing testing and other related enforcement 
activity programs;
    (D) Conducting investigations of systemic discrimination for 
further enforcement processing by State or local agencies, or for 
referral to HUD and the Department of Justice; and
    (E) Developing new procedures to increase the efficiency of 
operations, such as the use of computers for case processing, tracking, 
and Home Mortgage Disclosure Act (HMDA) analysis.
    (iii) Additional requirements.
    (A) Testers in testing activities funded with Administrative 
Enforcement Initiative funds must not have prior felony convictions or 
convictions of crimes involving fraud or perjury, and they must receive 
training or have demonstrated experience in testing procedures and 
techniques.
    (B) Term of contract. Administrative Enforcement Initiative funding 
is only available for one-year projects, which may be for up to 
eighteen months in duration.
    (C) Projects that appear to be aimed solely or primarily at 
research or data-gathering unrelated to existing or planned fair 
housing enforcement programs will not be approved. Data-gathering 
activities will require OMB approval under the Paperwork Reduction Act 
before commencement of the activity.
    (D) No recipient of assistance under the Administrative Enforcement 
Initiative may use any funds provided by the Department for the payment 
of expenses in connection with litigation against the United States.
    (E) Case tracking log requirement. Recipients of funds under the 
Administrative Enforcement Initiative shall be required to record, in a 
case tracking log (or Fair Housing Enforcement Log) to be supplied by 
HUD, information appropriate to the funded project relating to the 
number of complaints of discrimination received; the basis of these 
complaints; the type and number of tests utilized in the investigation 
of each allegation; the time for case processing, including 
administrative or judicial proceedings; the cost of testing activities 
and case processing; and case outcome or relief provided. The recipient 
must agree to make this log available to HUD.
    (2) Education and Outreach Initiative
    (i) Eligible applicants. The following types of organizations are 
eligible to receive funding under the Education and Outreach 
Initiative:
    (A) State or local governments;
    (B) Qualified fair housing enforcement organizations (QFHO-Es);
    (C) Fair housing enforcement organizations (FHO-Es);
    (D) Public or private non-profit organizations or institutions and 
other public or private entities that are formulating or carrying out 
programs to prevent or eliminate discriminatory housing practices;
    (E) Fair Housing Assistance Program (FHAP) Agencies--State and 
local agencies funded by the Fair Housing Assistance Program (FHAP); 
and
    (F) Community Housing Resource Boards (CHRBs).
    (ii) Eligible activities. (A) In general. Each application for 
Education and Outreach Initiative funding must identify if it proposes 
a national, Fair Housing Month, regional or local, or community-based 
program. The kinds of activities that may be funded through this 
Initiative may include (but are not limited to) the following:
    (1) Projects that focus on informing persons with disabilities, 
and/or their support organizations and service providers, housing 
providers, and the general public on the rights of disabled persons 
under the Fair Housing Act and on the location or availability of 
accessible housing or the modification of non-accessible housing;
    (2) Projects that provide guidance to housing providers on meeting 
their Fair Housing Act obligation to make reasonable accommodations for 
persons with disabilities are also encouraged;
    (3) Projects that will provide housing, mortgage lending, 
appraisal, and insurance counseling services;
    (4) Developing informative material on fair housing rights and 
responsibilities;
    (5) Developing fair housing and affirmative marketing instructional 
material for educational programs for national, regional and local 
housing industry groups;
    (6) Providing educational seminars and working sessions for civic 
associations, community-based organizations, and other groups;
    (7) Developing educational material targeted at persons in need of 
specific or additional information on their fair housing rights;
    (8) Developing national, regional or local media campaigns 
regarding fair housing;
    (9) Bringing housing industry and civic or fair housing groups 
together to identify illegal real estate practices and to determine how 
to correct them;
    (10) Designing specialized outreach projects to inform all persons 
of the availability of housing opportunities;
    (11) Developing and implementing a response to new or more 
sophisticated practices that result in discriminatory housing 
practices;
    (12) Developing mechanisms for the identification of, and quick 
response to, housing discrimination cases involving the threat of 
physical harm;
    (13) Developing and implementing school curriculums for fair 
housing courses;
    (14) Developing and implementing a response to community opposition 
to the location of residential facilities for persons with 
disabilities, as defined under the Fair Housing Act, where supportive 
health or human services are provided in connection with the housing; 
and
    (15) Developing materials and providing technical assistance to 
support compliance with housing adaptability and accessibility 
guidelines contained in the 1988 Fair Housing Amendments Act.
    (16) Fair Housing Month activities which may be components of 
national, regional, local, or community based programs.
    (B) National programs. (1) Activities eligible to be funded as 
national programs shall be designed to provide a centralized, 
coordinated effort for the development and dissemination of fair 
housing media products that may appropriately be used on a nationwide 
basis, including:
    (i) Public service announcements, both audio and video;
    (ii) Television, radio and print advertisements;
    (iii) Posters; and
    (iv) Pamphlets and brochures.
    (2) National program applications will receive a preference of up 
to ten additional points if they:
    (i) Demonstrate cooperation with real estate industry organizations 
(up to five points); and/or
    (ii) Provide for the dissemination of educational information and 
technical [[Page 18447]] assistance to support compliance with the 
housing adaptability and accessibility guidelines contained in the Fair 
Housing Amendments Act of 1988 (up to five points).
    (C) Regional and local programs. (1) Activities eligible to be 
funded as regional or local programs include any of the activities, to 
be implemented on a regional or local level, listed in paragraphs 
I.(c)(2)(ii)(A) and I.(c)(2)(ii)(B)(1), above, of this NOFA.
    (2) For the purposes of this NOFA, activities that are ``local'' in 
scope are activities that are limited to a single unit of general local 
government, meaning a city, town, township, county, parish, village, or 
other general purpose political subdivision of a State. Activities that 
are ``regional'' in scope are activities that cover adjoining States or 
two or more units of general local government within a State.
    (3) Every regional or local program application must include as one 
of its activities a procedure for referring persons with Fair Housing 
complaints to State or local agencies, private attorneys, or HUD and 
the Department of Justice for further enforcement processing.
    (D) Community-based programs. (1) Activities eligible to be funded 
as community-based programs include any of the activities, to be 
implemented on a community-based level, listed in paragraphs 
I.(c)(2)(ii)(A) and I.(c)(2)(ii)(B)(1), above, of this NOFA. Community-
based programs include school, church and community presentations, 
conferences or other educational activities.
    (2) Activities that are ``community-based'' in scope are those 
which are focused on a particular neighborhood within a unit of general 
local government.
    (3) Every community-based program application must include as one 
of its activities a procedure for referring persons with Fair Housing 
complaints to State or local agencies, private attorneys, or HUD and 
the Department of Justice for further enforcement processing.
    (4) Projects for community-based activities proposed by community-
based organizations will receive a preference of five additional 
points. For the purposes of this NOFA, a community-based organization 
is an organization whose members primarily come from a particular 
neighborhood within a unit of general local government.
    (iii) Additional requirements. The following requirements are 
applicable to all applications under the Education and Outreach 
Initiative:
    (A) All projects must address or have relevance to housing 
discrimination based on race, color, religion, sex, handicap, familial 
status or national origin.
    (B) Projects may range in length from six to eighteen months in 
duration.
    (C) Projects that appear to be aimed solely or primarily at 
research or data-gathering will not be approved. Data-gathering 
activities will require OMB approval under the Paperwork Reduction Act 
before commencement of the activity.
    (3) Private Enforcement (PE) Initiative
    (i) Eligible applicants. Organizations that are eligible to receive 
FY 1995 funding assistance under the PE Initiative are:
    (A) Qualified fair housing enforcement organizations.
    (B) Fair housing enforcement organizations with at least 1 year of 
experience in complaint intake, complaint investigation, testing for 
fair housing violations and enforcement of meritorious claims.
    (ii) Eligible activities. Applications are solicited for four year 
project proposals as described in 24 CFR 125.403 and in this NOFA. 
Applications may designate up to 20% of requested funds to promote 
awareness of the services provided by the project, but such promotion 
must be necessary for the successful implementation of the project. 
Project applications may involve:
    (A) Discovering and providing remedies for discrimination in the 
public and private real estate markets and real estate-related 
transactions, including, but not limited to, the making or purchasing 
of loans, the provision of other financial assistance for sales and 
rentals of housing, including insurance redlining and appraisal 
practices, and housing advertising;
    (B) Conducting investigations of systemic housing discrimination 
for further enforcement processing by State or local agencies, or for 
referral to private attorneys or to HUD and the Department of Justice;
    (C) Professionally conducting testing or other investigative 
support for administrative and judicial enforcement;
    (D) Linking fair housing organizations regionally in enforcement 
activities designed to combat broader housing market discriminatory 
practices;
    (E) Establishing effective means of meeting legal expenses in 
support of litigation of fair housing cases;
    (F) Testing and other investigative activities, including building 
the capacity for housing investigative activities in unserved or 
underserved areas;
    (G) Building the capacity to investigate, through testing and other 
investigative methods, housing discrimination complaints covering all 
protected classes, including persons with mental and physical 
disabilities;
    (H) Carrying out special projects, including the development of 
prototypes to respond to new or sophisticated forms of discrimination 
against persons protected under title VIII, such as in the areas of 
independent living and architectural barriers;
    (I) Providing funds for the costs and expenses of litigation, 
including expert witness fees.
    (iii) Additional requirements.
    (A) Testers in testing activities funded with PE Initiative funds 
must not have prior felony convictions or convictions of crimes 
involving fraud or perjury, and they must receive training or be 
experienced in testing procedures and techniques.
    (B) Four-year projects must be for forty-eight months in duration, 
with an award cap of $600,000 and with incremental funding during the 
life of the award subject to periodic performance reviews. Recipients 
of multi-year PE Initiative awards may not apply for additional multi-
year PE Initiative funds until the last fiscal year of their multi-year 
award.
    (C) Projects that appear to be aimed solely or primarily at 
research or data-gathering unrelated to existing or planned fair 
housing enforcement programs will not be approved. Data-gathering 
activities will require OMB approval under the Paperwork Reduction Act 
before commencement of the activity.
    (D) In accordance with 24 CFR 125.404, no recipient of assistance 
under the PE Initiative may use any funds provided by the Department 
for the payment of expenses in connection with litigation against the 
United States.
    (E) Recipients of funds under the Private Enforcement Initiative 
shall be required to record, in a case tracking log (or Fair Housing 
Enforcement Log) to be supplied by HUD, information appropriate to the 
funded project relating to the number of complaints of discrimination 
received; the basis of these complaints; the type and number of tests 
utilized in the investigation of each allegation; the time for case 
processing, including administrative or judicial proceedings; the cost 
of testing activities and case processing; and case outcome or relief 
provided. The recipient must agree to make this log available to HUD. 
[[Page 18448]] 
    (4) Fair Housing Organizations (FHO) Initiative.
    (i) Purpose: Continued Development of Existing Organizations.
    (A) Eligible applicants. Eligible applicants for funding under this 
purpose of the FHO Initiative are:
    (1) Qualified fair housing enforcement organizations;
    (2) Other private nonprofit fair housing enforcement organizations; 
and
    (3) Nonprofit groups organizing to build their capacity to provide 
fair housing enforcement.
    (B) Eligible activities. Eligible activities for funding under this 
purpose of the FHO Initiative are any activities listed as eligible 
under the Private Enforcement Initiative in section I.(c)(3)(ii) of 
this NOFA and carried out as one-year projects.
    (C) Additional requirements. The following requirements apply to 
activities funded under the Continued Development of Existing 
Organizations purpose of the FHO Initiative:
    (1) Operating budget limitation. Funding under this purpose of the 
FHO Initiative may not be used to provide more than 50 percent of the 
operating budget of a recipient organization for any one year. For 
purposes of the limitation in this paragraph, operating budget means 
the applicant's total planned budget expenditures from all sources, 
including the value of in-kind and monetary contributions, in the year 
for which funding is sought.
    (2) Term of contract. One-year projects may be for up to eighteen 
months in duration.
    (ii) Purpose: Establishing New Organizations.
    (A) Eligible applicants. Organizations that are eligible to receive 
FY 1995 funding assistance for the purpose of establishing new 
organizations under the FHO Initiative are:
    (A) Qualified fair housing enforcement organizations.
    (B) Fair housing enforcement organizations with at least 1 year of 
experience in complaint intake, complaint investigation, testing for 
fair housing violations and enforcement of meritorious claims.
    (B) Eligible activities. Eligible for funding under this purpose of 
the FHO Initiative are three-year projects that help establish, 
organize, and build the capacity of fair housing enforcement 
organizations in the targeted unserved and underserved areas identified 
in sections I.(c)(4)(ii)(C), or other underserved areas identified by 
the applicant in accordance with section I.(c)(4)(ii)(D), below, of 
this NOFA. The Department has considered a number of factors to 
identify the targeted areas eligible for funding under this NOFA, 
including, for example, the amount of funds available; the lack of 
substantially equivalent state or local agencies, or private 
enforcement groups; and the presence of large concentrations of 
protected classes. In future NOFAs, the Department will consider 
additional targeted areas for funding.
    (C) Targeted areas.
    (1) A preference of ten additional points will be given for 
applications that propose to establish new fair housing enforcement 
organizations in localities within any of the following unserved areas:
    (i) New Hampshire;
    (ii) Puerto Rico; and
    (iii) Wyoming.
    (2) A preference of five additional points will be given for 
applications that propose to establish new fair housing enforcement 
organizations in localities within any of the following underserved 
areas:
    (i) Alabama;
    (ii) Delaware;
    (iii) Oregon; and
    (iv) Utah.
    (3) An applicant may seek funding to establish a new organization 
in a locality not included in the list of target areas, above, but in 
such a case, the applicant must submit sufficient evidence to establish 
the proposed area as being currently underserved by fair housing 
enforcement organizations and as containing large concentrations of 
protected classes. An applicant may provide additional evidence of the 
need to establish a fair housing organization in a locality by citing 
data and studies that indicate the presence of housing discrimination 
and/or segregation in the locality. An example of evidence that may be 
used for this purpose is provided in (but is not limited to) the study, 
American Apartheid: Segregation and the Making of the Underclass, by 
Nancy A. Denton and Douglas S. Massey (Harvard University Press, 1993).
    (D) Additional requirements. The following requirements apply to 
activities funded under the Establishing New Organizations purpose of 
the FHO Initiative:
    (1) Term of contract. Three-year projects must be thirty-six months 
in duration, with an award cap of $500,000 and with incremental funding 
during the life of the award subject to periodic performance reviews. 
Recipients of multi-year awards for the purpose of establishing new 
organizations under the FHO Initiative may not apply for additional 
multi-year FHO Initiative funds until the last fiscal year of their 
multi-year award.
    (iii) Additional Requirements. The following requirements apply to 
all activities funded under the Fair Housing Organizations Initiative:
    (A) Testers in testing activities funded with FHO Initiative funds 
must not have prior felony convictions or convictions of crimes 
involving fraud or perjury, and they must receive training or be 
experienced in testing procedures and techniques.
    (B) Projects that appear to be aimed solely or primarily at 
research or data-gathering unrelated to existing or planned fair 
housing enforcement programs will not be approved. Data-gathering 
activities will require OMB approval under the Paperwork Reduction Act 
before commencement of the activity.
    (C) No recipient of assistance under the FHO Initiative may use any 
funds provided by the Department for the payment of expenses in 
connection with litigation against the United States.
    (D) Recipients of funds under the FHO Initiative shall be required 
to record, in a case tracking log (or Fair Housing Enforcement Log) to 
be supplied by HUD, information appropriate to the funded project 
relating to the number of complaints of discrimination received; the 
basis of these complaints; the type and number of tests utilized in the 
investigation of each allegation; the time for case processing, 
including administrative or judicial proceedings; the cost of testing 
activities and case processing; and case outcome or relief provided. 
The recipient must agree to make this log available to HUD.

(d) Selection Criteria/Ranking Factors

    (1) Selection Criteria for Ranking Applications for Assistance
    In addition to the preference points indicated in section I.(c) for 
particular activities, all projects proposed in applications will be 
ranked on the basis of the following criteria for selection:
    (i) The anticipated impact of the project proposed on the concerns 
identified in the application. (20 points) In determining the 
anticipated impact of the proposed project, HUD will consider the 
degree to which a proposed project addresses problems and issues that 
are significant fair housing problems and issues, as explained in the 
application, or based upon other information available to HUD. (The 
clarity and thoroughness of the project description can be considered 
in this determination.) This criterion will be judged on the basis of 
the applicant's submissions in response to paragraph III.(a)(1) of this 
NOFA under the [[Page 18449]] heading ``Checklist of Application 
Submission Requirements.''
    (ii) The extent to which the project will provide benefits in 
support of fair housing after funded activities have been completed. 
(20 points) In determining the extent to which the project will provide 
benefits after funded activities have been completed, HUD will consider 
the degree to which the project will be of continuing use in dealing 
with housing discrimination after funded activities have been 
completed. This criterion will be judged on the basis of the 
applicant's submissions in response to paragraph III. (a)(6) and 
III.(a)(7) of this NOFA under the heading ``Checklist of Application 
Submission Requirements.''
    (iii) The extent to which the project will provide the maximum 
impact on the concerns identified in a cost-effective manner. (20 
points) In determining the extent to which the project will provide the 
maximum impact on the concerns identified in a cost effective manner, 
HUD will consider the quality and reasonableness of the proposed 
activities, timeline and budget for implementation and completion of 
the project. HUD will consider as well the adequacy and clarity of 
proposed procedures to be used by the agency for monitoring the 
progress of the project and ensuring its timely completion. These 
procedures may consist of a system for checking whether or not the 
milestones established by the project's timeline are being met. The 
applicant's capability in handling financial resources (e.g., adequate 
financial control procedures, accounting procedures) will be taken into 
account as part of the assessment. This may be evidenced by the 
applicant's financial management of previous FHIP or other civil rights 
project management, a certification from the cognizant auditor, and 
other documentation. This criterion will be judged on the basis of the 
applicant's submissions in response to paragraphs III.(a)(2), and 
III.(a)(5) of this NOFA under the heading ``Checklist of Application 
Submission Requirements.''
    (iv) The extent to which the applicant's professional and 
organizational experience will further the achievement of project 
goals. (30 points) In determining the extent to which the applicant's 
professional and organizational experience will further the achievement 
of the project's goals, HUD will consider the applicant's experience in 
formulating and carrying out programs to prevent or eliminate 
discriminatory practices, including the applicant's management of past 
and current FHIP or other civil rights projects, the experience and 
qualifications of existing personnel identified for key positions, or a 
description of the qualifications of new staff that will be hired, 
including subcontractors/consultants. For organizations submitting an 
application under the Education and Outreach Initiative, HUD will 
consider both fair housing experience and experience in implementing 
education, outreach or public information programs. This criterion will 
be judged on the basis of the applicant's submissions in response to 
paragraph III.(a)(3) of this NOFA under the heading ``Checklist of 
Application Submission Requirements.''
    (v) The extent to which the project utilizes other public or 
private resources that may be available. (10 points). Both monetary and 
in-kind resources identified in the application are eligible for 
determining the extent to which other public or private resources are 
available. The resources that will be considered must be targeted 
specifically for the proposed project, and must be over and above the 
resources available to the applicant as a part of its usual, non-
project operations for such expenses as salaries, equipment, supplies, 
and rent. This criterion will be judged on the basis of the applicant's 
submissions in response to paragraph III.(a)(4) of this NOFA under the 
heading ``Checklist of Application Submission Requirements.''
(2) Selection Process
    Each application for funding will be evaluated competitively, and 
awarded points based on the Selection Criteria for Ranking Applications 
for Assistance identified in section I.(d)(1) of this NOFA. The final 
decision rests with the Assistant Secretary or designee. After eligible 
applications are evaluated against the factors for award and assigned a 
score, they will be organized by rank order. The rank ordering will be 
done separately for: each Initiative; each program component (national, 
regional/local, and community-based) of the Education and Outreach 
Initiative; or each purpose (continued development of existing 
organizations, and establishing new organizations) under the Fair 
Housing Organizations Initiative. Awards for each Initiative will be 
funded in rank order until all available funds have been obligated, or 
until there are no acceptable applications.
(3) Cost Factors
    The Department expects to fund multiple applications as a result of 
this NOFA. At some point, however, two or more complete and eligible 
applications, after evaluation against the Selection Criteria, may be 
considered equal in technical merit. At that point, the project's cost 
will become the deciding factor. Furthermore, an applicant's proposal 
will not be funded when costs are determined to be unrealistically low 
or unreasonably high.
(4) Applicants Limited to a Single Award
    Applicants may apply for funding for more than one project or 
activity, however applicants are limited to a single award under this 
NOFA. If more than one eligible application is submitted by an 
applicant and is within funding range, the Department will select the 
award that is most favorable to both the applicant and the Department. 
In such cases, the Department will select the application that proposes 
a project or activity for the greatest length of time. If all such 
applications from the applicant are for the same duration, the 
Department will select the application that represents the largest 
funding award.
(5) Independence of Awards
    Each project or activity proposed in an application must be 
independent and capable of being implemented without reliance on the 
selection of other applications submitted by the applicant or other 
applicants.

(e) Applicant Notification and Award Procedures

(1) Notification
    No information will be available to applicants during the period of 
HUD evaluation, except for notification in writing to those applicants 
that are determined to be ineligible or that have technical 
deficiencies in their applications that may be corrected. Selectees 
will be announced by HUD upon completion of the evaluation process, 
subject to final negotiations and award.
(2) Negotiations
    After HUD has ranked the applications and made an initial 
determination of applicants whose scores are within the funding range 
(but before the actual award), HUD may require that applicants in this 
group participate in negotiations to determine the specific terms of 
the cooperative or grant agreement. In cases where it is not possible 
to conclude the necessary negotiations successfully, awards will not be 
made.
    If an award is not made to an applicant whose application is in the 
initial funding threshold because of an [[Page 18450]] inability to 
complete successful negotiations, and if funds are available to fund 
any applications that may have fallen outside the initial funding 
threshold, HUD will select the next highest ranking applicant and 
proceed as described in the preceding paragraph.
(3) Funding Instrument
    HUD expects to award a cost reimbursable or fixed-price cooperative 
or grant agreement to each successful applicant. HUD reserves the 
right, however, to use the form of assistance agreement determined to 
be most appropriate after negotiation with the applicant.
(4) Reduction of Requested Grant Amounts and Special Conditions
    HUD may approve an application for an amount lower than the amount 
requested, fund only portions of an application, withhold funds after 
approval, and/or require the grantee to comply with special conditions 
added to the grant agreement, in accordance with 24 CFR part 85.12, the 
requirements of this NOFA, or where:
    (i) HUD determines the amount requested for one or more eligible 
activities is unreasonable or unnecessary;
    (ii) The application does not otherwise meet applicable cost 
limitations established for the program;
    (iii) The applicant has requested an ineligible activity;
    (iv) Insufficient amounts remain in that funding round to fund the 
full amount requested in the application and HUD determines that 
partial funding is a viable option;
    (v) The applicant has demonstrated an inability to manage HUD 
grants, particularly Fair Housing Initiatives Program grants; or
    (vi) For any other reason where good cause exists.
(5) Performance Sanctions
    A recipient failing to comply with the procedures set forth in its 
grant agreement will be liable for such sanctions as may be authorized 
by law, including repayment of improperly used funds, termination of 
further participation in the FHIP, reduction or limitation of further 
funding for administrative enforcement activities, and denial of 
further participation in programs of the Department or of any Federal 
agency.

II. Application Process

    An application kit is required as the formal submission to apply 
for funding. The kit includes information on the Management Work Plan 
and Budget for activities proposed by the applicant. An application may 
be obtained by writing the Fair Housing Information Clearinghouse, 
Circle Solutions, Inc. 8201 Greensboro Drive, Suite 600, McLean, VA 
22102, or by calling the toll free number 1-800-343-3442 (voice) or 1-
800-290-1617 (TDD). To ensure a prompt response, it is suggested that 
requests for application kits be made by telephone.
    Completed applications are to be submitted to Sharon Bower, Office 
of Fair Housing and Equal Opportunity, Department of Housing and Urban 
Development, Room 5234, 451 Seventh Street, SW., Washington, DC 20410.
    The application due date will be specified in the application kit. 
However, applicants will be given at least 70 days from today's date, 
until June 20, 1995, to submit their applications. Applications will be 
accepted if they are received on or before the application due date, or 
are received within 7 days after the application due date, but with a 
U.S. postmark or receipt from a private commercial delivery service 
(such as, Federal Express or DHL) that is dated on or before the 
application due date.
    The application deadline is firm as to date. 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 materials to avoid any risk of loss of 
eligibility brought about by unanticipated delays or other delivery-
related problems. A transmission by facsimile machine (``FAX'') will 
not constitute delivery.
    An applicant may apply for funding for more than one project or 
activity, but a separate application must be submitted for each of the 
following categories of funding:
    (1) Administrative Enforcement Initiative activities;
    (2) National programs under the Education and Outreach Initiative;
    (3) Regional or local activities under the Education and Outreach 
Initiative;
    (4) Community-based activities under the Education and Outreach 
Initiative;
    (5) Four-year projects under the Private Enforcement Initiative;
    (6) Continued Development of Existing Organizations activities 
under the Fair Housing Organizations Initiative; and
    (7) Three-year projects under the Fair Housing Organizations 
Initiative for Establishing New Organizations.
    Although a separate application is required for each funding 
category, an application may propose more than one type of eligible 
activity under each category. For example, both production and 
distribution of a public service message may be proposed in a single 
application for a national program under the Education and Outreach 
Initiative.
    Applicants must submit all information required in the application 
kit and must include sufficient information to establish that the 
application meets the selection criteria set forth in section I.(d), 
above, of this NOFA.

III. Checklist of Application Submission Requirements

    (a) General requirements. The application kit will contain a 
checklist of application submission requirements to complete the 
application process. Each application for FHIP funding must contain the 
following items:
    (1) A description of the activities proposed for funding, and the 
practice or practices at the community, local, regional or national 
level that have adversely affected the achievement of the goal of fair 
housing, and that will be addressed by the proposed activities. This 
description must include a discussion and analysis of the housing 
practices identified, including available information and studies 
relating to discriminatory housing practices and their historical 
background, and relevant demographic data indicating the nature and 
extent of the impact of the described practices on persons seeking 
dwellings or services related to the sale, rental or financing of 
dwellings, in the general location where the applicant proposes to 
undertake activities;
    (2) A budget--which must include $5,000 per year--to be used for 
travel and associated costs for training sponsored or approved by the 
Department--and a timeline for the implementation of the proposed 
activities, consisting of a description of the specific activities to 
be conducted with FHIP funds, the geographic areas to be served by the 
activities, any reports to be produced in connection with the 
activities, the cost of each proposed activity and a schedule for the 
implementation and completion of the activities;
    (3) A description of the applicant's experience in formulating or 
carrying out programs to prevent or eliminate discriminatory housing 
practices or in implementing other civil rights programs, the 
experience and qualifications of existing personnel identified for key 
positions, or a description of the qualifications of new 
[[Page 18451]] staff to be hired, including subcontractors/consultants;
    (4) A statement indicating the need for FHIP funding in support of 
the proposed project and an estimate of other public or private 
resources that may be available to assist the proposed activities;
    (5) A description of the procedures to be used by the applicant for 
monitoring the progress of the proposed activities and the applicant's 
planned or implemented financial control procedures that will 
demonstrate the applicant's capability in managing financial resources;
    (6) A description of the fair housing benefits that successful 
completion of the project will produce, and the indicators by which 
these benefits are to be measured;
    (7) A description of the degree to which the project will be of 
continuing use in dealing with housing discrimination after funded 
activities have been completed; and
    (8) HUD Form 2880, Applicant Disclosures;
    (9) A listing of any current or pending grants or contracts, or 
other business or financial relationships or agreements, to provide 
training, education, and/or self-testing services between the applicant 
and any entity or organization of entities involved in the sale, 
rental, advertising or provision of brokerage or lending services for 
housing. The listing must include the name and address of the entity or 
organization; a brief description of the services being performed or 
for which negotiations are pending; the dates for performance of the 
services; and the amount of the contract or grant. This listing must be 
updated during the grant negotiation period, at the end of the grant 
term, and for grants that will run for more than twelve months, at the 
end of the twelfth month.
    (10) The applicant must submit a certification and disclosure in 
accordance with the requirements of section 319 of the Department of 
the Interior Appropriations Act (Pub. L. 101-121, approved October 23, 
1989), as implemented in HUD's interim final rule at 24 CFR part 87, 
published in the Federal Register on February 26, 1990 (55 FR 6736). 
This statute generally prohibits recipients and subrecipients of 
Federal contracts, grants, cooperative agreements 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. If warranted, the applicant should include the 
Disclosure of Lobbying Activities form (SF-LLL).
    (11) Prior to award execution, successful applicants must submit a 
certification that they will comply with the certification requirements 
contained in the application kit.
    (b) Additional Education and Outreach Initiative requirements. In 
addition to meeting the application requirements contained in section 
III.(a), above, all proposals under the Education and Outreach 
Initiative must include the following:
    (1) A description of how the activities or the final products of 
the projects can be used by other agencies and organizations and what 
modifications, if any, would be necessary for that purpose.
    (2) Coordination of activities. Each non-governmental applicant for 
funding under the Education and Outreach Initiative that is located 
within the jurisdiction of a State or local enforcement agency or 
agencies administering a fair housing law that has been certified by 
the Department under 24 CFR part 115 as being a substantially 
equivalent fair housing law must provide, with its application, 
documentation that it has consulted with the agency or agencies to 
coordinate activities to be funded under the Education and Outreach 
Initiative. This coordination will ensure that the activities of one 
group will minimize duplication and fragmentation of activities of the 
other. Failure to submit the documentation required by this section 
will be treated as a technical deficiency in accordance with section 
IV., below, of this NOFA.
    (3) Every regional/local or community-based program application 
must include as one of its activities a procedure for referring persons 
with Fair Housing complaints to State or local agencies, private 
attorneys, or HUD and the Department of Justice for further enforcement 
processing.
    (c) Additional Private Enforcement Initiative requirements. In 
addition to meeting the application requirements contained in section 
III.(a), above, all proposals for testing under the Private Enforcement 
Initiative must include:
    (1) Documentation that the applicant has at least one year of 
experience in carrying out a program to prevent or eliminate 
discriminatory housing practices, and has sufficient knowledge of fair 
housing testing to enable the applicant to implement a testing program 
successfully;
    (2) A certification providing that the applicant will not solicit 
funds from or seek to provide fair housing educational or other 
services or products for compensation, directly or indirectly, to any 
person or organization which has been the subject of testing by the 
applicant during a 12 month period following the test.
    (d) Additional Fair Housing Organizations Initiative requirements. 
In addition to meeting the application requirements contained in 
section III.(a), above, the following application submission 
requirements apply to proposals under the Fair Housing Organizations 
Initiative:
    (1) Each applicant under the continued development of existing 
organizations purpose of the Fair Housing Organizations Initiative must 
submit an operating budget that describes the applicant's total planned 
expenditures from all sources, including the value of in-kind and 
monetary contributions, in the year for which funding is sought. This 
operating budget will be used for the purposes of determining the 
extent of the 50% funding limitation on operating expenses.
    (2) All proposals for testing under the Fair Housing Organizations 
Initiative must certify that the applicant will not solicit funds from 
or seek to provide fair housing educational or other services or 
products for compensation, directly or indirectly, to any person or 
organization which has been the subject of testing by the applicant 
during a 12 month period following the test.

IV. Corrections to Deficient Applications

    Applicants will not be disqualified from being considered for 
funding because of technical deficiencies in their application 
submission, e.g., an omission of information such as regulatory/program 
certifications, or incomplete signatory requirements for application 
submission.
    HUD will notify an applicant in writing of any technical 
deficiencies in the application. The applicant must submit corrections 
within 14 calendar days from the date of HUD's letter notifying the 
applicant of any technical deficiency.
    The 14-day correction period pertains only to non-substantive, 
technical deficiencies or errors. Technical deficiencies relate to 
items that:
    1. Are not necessary for HUD review under selection criteria/
ranking factors; and
    2. Would not improve the substantive quality of the proposal.

V. Other Matters

Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of [[Page 18452]] Section 319 
of the Department of Interior and Related Agencies Appropriations Act 
for Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
recipients of Federal contracts, grants, or loans from using 
appropriated funds for lobbying the Executive or Legislative branches 
of the Federal government in connection with a specific contract, 
grant, or loan. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients and subrecipients of assistance exceeding 
$100,000 must certify that no Federal funds have been or will be spent 
on lobbying activities in connection with the assistance.

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with the Department's regulations at 24 CFR 
Part 50 which 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 between 7:30 a.m. and 5:30 
p.m. weekdays at the Office of the Rules Docket Clerk, Room 10276, 
Department of Housing and Urban Development, 451 Seventh Street, S.W., 
Washington, DC 20410.

Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that the policies announced in 
this Notice would not have a significant impact on the formation, 
maintenance, and general well-being of families except indirectly to 
the extent of the social and other benefits expected from this program 
of assistance.

Executive Order 12612, Federalism

    The General Counsel has determined, as the Designated Official for 
HUD under section 6(a) of Executive Order 12612, Federalism, that the 
policies contained in this Notice will not have federalism implications 
and, thus, are not subject to review under the Order. The promotion of 
fair housing policies is a recognized goal of general benefit without 
direct implications on the relationship between the national government 
and the states or on the distribution of power and responsibilities 
among various levels of government.

Drug-Free Workplace Certification

    The Drug-Free Workplace Act of 1988 requires grantees of Federal 
agencies to certify that they will provide drug-free workplaces. Thus, 
each applicant must certify that it will comply with drug-free 
workplace requirements in accordance with 24 CFR part 24, subpart F.

Accountability in the Provision of HUD Assistance

    HUD has promulgated a final rule to implement section 102 of the 
Department of Housing and Urban Development Reform Act of 1989 (HUD 
Reform Act). The final rule is codified at 24 CFR part 12. Section 102 
contains a number of provisions that are designed to ensure greater 
accountability and integrity in the provision of certain types of 
assistance administered by HUD. On January 14, 1992, HUD published at 
57 FR 1942 additional information that gave the public (including 
applicants for, and recipients of, HUD assistance) further information 
on the implementation of section 102. The documentation, public access, 
and disclosure requirements of section 102 are applicable to assistance 
awarded under this NOFA as follows:
    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 documentation and public access 
requirements.)
    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.)

Section 103 HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 was published May 13, 
1991 (56 FR 22088) and became effective on June 12, 1991. That 
regulation, codified as 24 CFR Part 4, applies to the funding 
competition announced today. The requirements of the rule continue to 
apply until the announcement of the selection of successful applicants. 
HUD employees involved in the review of applications and in the making 
of funding decisions are limited by Part 4 from providing advance 
information to any person (other than an authorized employee of HUD) 
concerning funding decisions, or from otherwise giving any applicant an 
unfair competitive advantage. Persons who apply for assistance in this 
competition should confine their inquiries to the subject areas 
permitted under 24 CFR Part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (TDD/Voice). (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 Field 
Office Counsel, or Headquarters counsel for the program to which the 
question pertains.

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. [[Page 18453]] 
    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: 42 U.S.C. 3601-3619; 42 U.S.C. 3616 note.

    Dated: March 20, 1995.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 95-8784 Filed 4-10-95; 8:45 am]
BILLING CODE 4210-28-P