[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Notices]
[Pages 38214-38218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18126]




[[Page 38213]]

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Part VII





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________



Funding Availability for Technical Assistance and Training for Public 
and Indian Housing (PIH) Crime Prevention Through Environmental Design 
(CPTED); Notice

  Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / 
Notices   

[[Page 38214]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. FR-3921-N-01]


Notice of Funding Availability for Technical Assistance and 
Training for Public and Indian Housing (PIH) Crime Prevention Through 
Environmental Design (CPTED)

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

ACTION: Notice of Funding Availability (NOFA) for Training and 
Technical Assistance for Public and Indian Housing CPTED.

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SUMMARY: This NOFA announces the availability of $500,000 for one or 
more grant(s) to provide technical assistance and training to public 
and Indian housing authorities (HAs) in the development and training of 
HA staff and residents in the subject of crime prevention through 
environmental design (CPTED). The U.S. Department of Housing and Urban 
Development (HUD) is seeking proposals for one or more grant(s) to be 
executed through a Cooperative Agreement to provide technical 
assistance and training for Public and Indian Housing CPTED. For 
purposes of this announcement, CPTED is defined as the redesign, 
renovation, or rehabilitation of existing environmental conditions to 
improve the safety of staff and residents and eliminate conditions 
which may contribute to instances of crime. The purpose of these grants 
is to provide state-of-the-art CPTED training and technical assistance 
to HA staff, residents, Resident Councils (RC), Resident Management 
Corporations (RMC), housing authority security directors, local law 
enforcement officials, local government officials, architects, and 
other community leaders.

DATES: Proposals must be received at HUD Headquarters on or before 3 
p.m. Eastern Daylight Time, August 24, 1995. This application deadline 
is firm as to date and hour. In the interest of fairness to all 
competing applicants, the Department will treat as ineligible for 
consideration any application that is received after the deadline. 
Applicants should take this practice into account and make early 
submission of their materials to avoid any risk of loss of eligibility 
brought about by any unanticipated or delivery-related problems. 
Applications received after the deadline will not be considered. 
Applications received by facsimile machine will not be considered.

APPLICATION SUBMISSION: There is no application kit for this grant 
application submission. All applications should be submitted with the 
required tabs and Federal forms. Copies of the forms are available from 
the contact listed below.
    An original and two copies of the application must be sent to the 
Crime Prevention and Security Division, Office of Community Relations 
and Involvement, Office of Public and Indian Housing, Department of 
Housing and Urban Development, Room 4116, 451 Seventh Street, SW., 
Washington, DC 20410. Facsimile (``FAX'') applications are not 
acceptable.

FOR FURTHER INFORMATION, CONTACT: Elizabeth A. Cocke, Crime Prevention 
and Security Division, Office of Community Relations and Involvement, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, Room 4116, 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 telephone numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been submitted to the Office of Management and Budget (OMB) for review 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520) and 
have been assigned OMB control number 2577-0197.

I. Purpose and Substantive Description

    (a) Purpose. The U.S. Department of Housing and Urban Development 
is seeking proposals for one or more grant(s) to provide state-of-the-
art technical assistance (TA) and training to public and Indian housing 
authorities (HAs) for crime prevention through environmental design 
(CPTED). For the purposes of this announcement, CPTED is defined as the 
redesign, renovation, or rehabilitation of existing environmental 
elements to improve the safety of residents and to eliminate conditions 
which may contribute to instances of crime. The purpose of this grant 
is to build upon the Department's past successful TA and training and 
continue to develop and provide state-of-the-art CPTED training and 
technical assistance to housing authority staff, residents, Resident 
Councils (RC), Resident Management Corporations (RMC), and where 
appropriate, architects, engineers, local law enforcement officials, 
local government officials, and other community leaders.
    (b) Authority. These grants are authorized under Chapter 2, 
Subtitle C, Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 
et seq.), as amended by section 581 of the National Affordable Housing 
Act of 1990 (NAHA), approved November 28, 1990, Pub. L. 101-625, and 
Section 161 of the Housing and Community Development Act of 1992 (HCDA 
1992) (Pub. L. 102-550, approved October 28, 1992).
    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 $290 million for the Drug Elimination Program of which $10 
million will be used for funding drug elimination technical assistance 
and training.
    (c) Award amounts. This NOFA makes up to $500,000 available for one 
or more cost-reimbursable grants.
    (d) Objectives. The overall objectives of this grant are to:
    (1) Build upon the Department's past successful CPTED TA and 
training. A copy of the training curriculum for FY 1994 will be 
available for review at HUD's Community Relations and Involvement 
Clearinghouse, telephone 1-800-578-3472.
    (2) Provide the TA and training in a comprehensive context that 
acknowledges the role of other safety elements in public and Indian 
housing, including police and security services, lease enforcement, 
etc.
    (3) Provide training and TA using state-of-the-art techniques which 
are easily transferable and replicable to assist housing authority 
staff and residents in understanding and implementing the contributing 
factors of CPTED and to develop and implement CPTED elements and plans 
for their developments. The media could include, but is not limited to, 
on-site visits, printed materials, ``fact sheets'', ``how-to'' 
technical material, training material and training meetings, videos, or 
other instruments.
    (4) Design and develop a series of TA instruments based on the 
needs of housing authority staff and residents, and other staff who 
work on CPTED design and implementation in public and Indian housing. 
In determining the needs of staff and residents, grantees should take 
into account possible ethnic/racial sensitivities and the needs of 
persons with disabilities.
    (5) Design and develop an impact/process evaluation methodology for 
HA staff and residents to use in measuring 

[[Page 38215]]
their progress after implementing CPTED elements.
    (6) Successfully complete all tasks within a 24 month period within 
budget.
    (e) Scope of work.
    (1) General Requirements.
    (i) The grantee shall furnish all necessary personnel, materials, 
services, and equipment and shall otherwise do all things necessary 
for, or incidental to the performance of the tasks set forth in this 
Statement of Work.
    (ii) The work to be performed under this grant includes, but is not 
limited to: taking the issues and needs identified by public and Indian 
housing participants during the 1994 PIH/CPTED grant and developing TA, 
training, TA instruments and materials to address them; preparation of 
CPTED TA and training instruments which address issues and strategies 
peculiar to public housing; delivery of CPTED TA and training 
instruments to housing authority staff, residents, Resident Councils, 
Resident Management Corporations, housing authority security directors, 
local law enforcement officials, local government officials, 
architects, and other community leaders, and provision of TA to HA 
staff and residents. In addition, the grantee shall attend one or more 
meetings at HUD Headquarters for the purpose of discussing HUD's 
comments pertaining to the grantee's products.
    (2) Specific Requirements. The grantee shall perform the following 
tasks in accordance with the objectives and general scope of the grant.
TASK 1--Orientation
    Within the first week after the effective date of the grant 
Agreement, the Project Director and other key personnel shall attend a 
meeting at HUD Headquarters in Washington, DC, for the purpose of 
establishing a common understanding and strategy with respect to the 
grant objectives, and the scope of work necessary to achieve the 
objectives, the time frame, methodology, and deliverables.
TASK 2--Management and Work Plan
    The grantee shall develop a draft management and work plan that 
addresses all of the requirements contained in the approved grant 
strategy and provide an updated and detailed work plan for the entire 
project. This draft plan shall be submitted to the HUD Government 
Technical Representative (GTR) for review and comment by the end of the 
second week of the grant, setting forth the timing of all stages of the 
project. The plan shall include a detailed allocation of grant 
resources and a schedule for the accomplishment of the grant work. HUD 
shall submit its comments and suggestions to the grantee within one 
week from receipt of the draft plan. A Final Management and Work Plan 
incorporating HUD's comments and suggestions shall be submitted by the 
end of the 5th week of the grant.
TASK 3--Review of CPTED Elements Currently Used by or Under 
Consideration by Housing Authorities
    The grantee shall use the bibliography and resources developed 
under HUD's CPTED TA and training grant in 1994, and update them. This 
includes but is not limited to:
    (1) The evaluations of the 1994 TA and training.
    (2) Published and unpublished pieces on CPTED activities and 
programs, especially in multi-family, high-density, urban, low-income 
environments.
    (3) A bibliography of printed resources on the development and 
implementation of a CPTED program.
    (4) Conversations with HA staff and residents, law enforcement 
officers, architects, engineers, membership organizations and other 
parties interested in the issue.
    The grantee shall work with these organizations, including resident 
councils, resident organizations, Resident Management Corporations, and 
city government to identify key and current issues that the HAs, 
resident groups and member organizations consider essential for 
implementing elements of CPTED in public and Indian housing. The 
grantee shall develop a short written report summarizing the needs 
assessment and provide the assessment in writing to the GTR for review.
    In the past, HUD has found the following elements to be of interest 
to HA staff and residents:
    (1) Innovative TA and training which moves beyond commonly known 
and accepted practices of design and construction.
    (2) Information on how to develop, fund, and implement CPTED in 
public housing, addressing issues peculiar to public and Indian 
housing.
    (3) TA instruments to assist participants in identifying certain 
types of public housing designs and environments which support criminal 
activity, and those which can stem criminal activity. These instruments 
should span the spectrum from general, inexpensive, and easily 
replicable to those of a more complex, technical and specific nature.
    (4) Information on successful CPTED initiatives in public and 
Indian housing, the benefits housing authorities and residents have 
gained as a result of implementation of CPTED elements.
    (5) Information on and case studies illustrating the successful 
combination of CPTED elements and other crime-prevention activities in 
low-income neighborhoods such as resident patrols, community policing, 
etc.
    (6) Opportunities for TA recipients to meet one-on-one with expert 
advisors to review and discuss specific plans and to obtain technical 
assistance on specific design and implementation plans.
    (7) Impact/process evaluation instruments to assist housing 
authorities in tracking outcome measures for their CPTED strategies.
TASK 4--Revision of TA and Training Plan
    After review of the results of Task 3, the grantee and GTR will 
confer before the grantee develops a revised plan for producing 
technical assistance and TA instruments based on the results of Task 3. 
The proposed TA and training plan must include any elements proposed by 
the GTR, and the plan must be submitted to the GTR for review and 
approval before it can be implemented. The revision could require 
revision of the budget and timetable. The grantee must submit any 
revised budget, plan and timetable by Week 12 of the Grant. The GTR 
will work with the grantee to approve a revised budget, plan and 
timetable no later than Week 14 of the Grant.
TASK 5--Choosing HAs for Targeted TA and Training
    The grantee will be responsible for identifying and contacting HAs 
and resident groups which have substantial funds set aside for or plans 
for implementing elements of CPTED in their developments. This includes 
HAs with substantial plans and funding from the Comprehensive Grant 
program, HOPE VI program, Public Housing Drug Elimination Program and 
others. From that list, the grantee will confer with the GTR regarding 
developing a targeted TA and training strategy for some of the 
identified HAs. Before providing TA, the grantee will submit the final 
list of HAs for targeted TA and training to the GTR for review and 
approval.
TASK 6--Develop and Administer CPTED Workshops, TA and Training 
Instruments
    The grantee will begin and complete implementation of the plan as 
revised in Task 4 of this plan.
    For any off-site training, the grantee, in consultation with HUD, 
will be responsible for making all arrangements 

[[Page 38216]]
for the training, including classroom space and sleeping rooms for 
participants. Conference attendees will be responsible for their own 
travel, lodging and per diem costs. The grantee will be responsible for 
all costs associated with facilities, materials and training staff 
costs of travel, lodging and per diem at non-governmental rates.
TASK 7--Evaluation
    The grantee will develop mechanisms for evaluating the 
effectiveness of each of the TA and training instruments. The draft 
instruments shall be provided to the GTR for review and approval before 
the grantee uses them for any purpose.
    (f) Eligibility. Organizations that can demonstrate experience with 
conference planning and implementation, working with public and Indian 
housing authorities and resident groups, and in crime prevention 
programs in public and Indian housing are eligible to apply.
    (g) Application submission requirements.
    (1) Applicants must submit a completed Application for Federal 
Assistance (Standard Form 424). The application must be no longer than 
25 pages, excluding attachments (e.g. resumes, certifications, etc.). 
All materials must be typewritten, single-spaced, with type no smaller 
than 10 cpi, on 8.5'' by 11'' paper, with at least 1'' margins on all 
sides and printed on one side only. The SF-424 is the face sheet for 
the application. Applicants must also submit a Standard Form 424A 
(Budget Information), including a program narrative, a detailed budget 
with budget narrative with supporting cost analysis and legal and 
accounting services.
    (2) Application format requirements. Each application must include 
the items listed in the following format:
    (i) Cover letter
    (ii) Tab 1--Standard Form 424, Application for Federal Assistance.
    (iii) Tab 2--Standard Form 424A, Budget Information with attached 
program narrative.
    Applicants must provide a budget with detailed justification for 
all costs, including the basis for computation of these costs. The 
program budget must be complete, reasonable, and cost-effective in 
relation to the proposed program. This explanation must include the 
applicant's financial capability, i.e., the fiscal controls and 
accounting procedures which assure that Federal funds will be accounted 
for properly. Applicant must demonstrate that they have the financial 
capability to effectively implement a project of this size and scope.
    (iv) Tab 3--Organizational Qualifications:
    Applicants must fully describe their organizational structure and 
staff size, and demonstrate that they are sufficient to implement 
effectively a project of this size and scope. Applicants should outline 
a list of housing authorities where similar activities were conducted, 
the dates and numbers of persons involved, any current points of 
contact, and the results of any evaluations of the work.
    (v) Tab 4--Staff Qualifications:
    Applicants must fully describe the capabilities and work experience 
of the proposed director, and all key staff. Applicants must fully 
describe their knowledge and experience with the proposed activities, 
preferably in public housing. Applicants must include a staffing plan 
to fulfill the requirements of the statement of work, including staff 
titles, related educational background, experience, and skills of the 
director and the staff; and the time each will be required to 
contribute to the project.
    (vi) Tab 5--Project Experience.
    Applicants must fully describe prior experience in designing and 
delivering conference training programs. Applicants must demonstrate 
that their organization, staff size, and prior experience is sufficient 
to effectively implement a project of this size and scope. Applicants 
should have successful experience in working with persons with 
disabilities and with persons from diverse ethnic and racial 
backgrounds. Applicants should also outline a list of housing 
authorities or other sites where similar training was offered, the 
dates of the training, numbers of persons trained, any current points 
of contact, and the results of any evaluations of the training and TA.
    (vii) Tab 6--Implementation Plan.
    Applicants must submit a plan outlining the major activities of 
implementation and describe how available resources will be allocated. 
The plan must include an annotated organizational chart depicting the 
roles and responsibilities of key organizational and functional 
components and a list of key personnel responsible for managing and 
implementing the major elements of the program. There must be a time-
task plan which clearly identifies the major milestones and products, 
organizational responsibility, and schedule for the completion of 
activities and products. The plan must discuss how the proposed 
activities reflect a knowledge of the subject and the target 
populations (including persons from diverse ethnic/racial backgrounds 
and persons with disabilities), and how the applicant plans to take 
into account any minor or major changes in the timetable that might 
result from the review in Task 3.
    (viii) Tab 7--Representations, certifications, and other statements 
of offerors or quoters.
    (A) HUD Form 2880--Applicant Disclosure Report
    (B) SF-LLL Disclosure of Lobbying Activities.
    (C) Certification Regarding Drug-Free Workplace Requirements.
    (h) Selection criteria. The Department will review and rate 
proposals according to the extent to which they meet the following 
criteria, and will make an award to the applicants that best meet all 
of the below criteria and receive the highest score, out of a possible 
100 points, according to the criteria listed below:
    (1) Corporate/Organizational Management Qualifications (20 points).
    (i) Organizational Structure (10 points). Applicants must concisely 
describe how their organizational structure, staff size, financial 
reporting capacity and internal controls will maximize the successful 
implementation of the tasks described in this notice.
    (ii) Administrative Experience (10 points). Applicants must 
demonstrate their experience in the successful administration of 
programs of a similar budget and staff size, and how that will 
contribute to successful completion of all tasks on-time and within 
budget.
    (2) Staff Qualifications (20 points).
    (i) Project Director (10 points). Applicants should provide a 
project director with the experience and capacity to manage the budget 
and staff of the proposed grant. The project director should have 
experience in working with the public housing officials, architects, 
engineers, and law enforcement personnel and should also have 
experience in successfully completing proposed activities on-time and 
within budget.
    (ii) Project Staff (10 points). Applicants should provide staff 
with the experience and capacity to quickly and efficiently organize 
and implement the TA and training. Staff should have sufficient 
experience working with public housing staff and residents (including 
persons from diverse ethnic/racial backgrounds and persons with 
disabilities), especially on the issue of CPTED, and be able to 
demonstrate how that experience will maximize understanding of the 
issues specific to public housing CPTED and minimize any issues 
specific to implementing activities in public housing. This includes 
those issues listed in Task 3.
    (3) Project Experience (20 points). 

[[Page 38217]]

    Applicants should be able to demonstrate knowledge and experience 
in developing and implementing needs assessments with public housing 
staff and residents, architects, engineers and law enforcement; showing 
previous success in matching identified needs to the type of TA and 
training provided, and to carrying out those plans. (10 points).
    (ii) Applicants must demonstrate maximum experience working on a 
similar scale with a similar variety of proposed tasks, especially in 
the proposed subjects and methods of TA and training; the applicant 
should show experience with similar teams of public housing staff, 
architects, engineers, residents and law enforcement, and successful 
completion of the projects on-time and within budget (10 points).
    (4) Quality of the Plan (40 points).
    Applicants should demonstrate that the proposed plan will 
accomplish the goals outlined above with the following elements:
    (i) Applicants must propose tasks, timetable and staff assignments 
for the proposed activities that demonstrate an understanding of the 
current needs of public housing communities regarding CPTED, that will 
maximize the benefits to be gained by HA communities, and that will 
minimize revisions to the budget, plan and timetable outlined in Task 
4, and that will minimize any other difficulties. The activities 
proposed by the grantee should evidence an understanding of the 
diversity of public housing staff and residents. (20 points).
    (ii) Applicants must propose TA, training and TA instruments that 
demonstrate maximum understanding of the current needs and capacity of 
public housing communities in the design and implementation of CPTED 
elements, that will provide a broad range of types of TA and training, 
that are cost-effective and state-of-the-art (20 points).
    (i) Review process. Applications submitted in response to this 
competitive announcement will be reviewed by a panel of HUD 
representatives, which will make recommendations to the Assistant 
Secretary for Public and Indian Housing, Department of Housing and 
Urban Development. The panel will assign numerical values based on the 
weighted selection criteria. In the case of a numerical tie, preference 
will be given to the applicant with the highest numerical score for the 
Quality of the Plan. The final award decision will be made by the 
Assistant Secretary for Public and Indian Housing, Department of 
Housing and Urban Development. Letters will be sent to all applicants 
notifying them that their proposal has been selected or the reason(s) 
it was not selected. HUD will then negotiate specific terms of the 
award with the selected applicant.
    (j) Administrative requirements.
    (1) Award Period. The grant(s) will be cost reimbursable, and 
awarded for a 12 to 24 month base period. HUD has the option to extend 
the Agreement for an additional year(s), subject to the Grantee's 
performance, and the availability of funding.
    (2) Cooperative Agreement. After the grant has been awarded, HUD 
and the applicant shall enter into a grant (Form HUD-1044) setting 
forth the amount of the grant and its applicable terms, conditions, 
financial controls, payment mechanism/schedule, and special conditions.
    (3) Prior to award execution, a successful applicant must submit a 
certification that it will comply with:
    (i) Section 3 of the Housing and Community Development Act of 1968, 
Economic Opportunities for Low and Very-Low Income Persons (12 U.S.C. 
1701u), and with implementing regulations at 24 CFR part 135. Section 3 
requires, that to the greatest extent feasible, opportunities for 
training and employment arising in connection with housing 
rehabilitation, construction, or other public construction projects be 
given to lower income residents within the metropolitan area (or 
nonmetropolitan county) and contracts for work to be performed in 
connection with the housing rehabilitation, construction, or other 
public construction project be awarded to eligible businesses that 
provide economic opportunities for low and very-low income persons 
residing within the metropolitan area (or non-metropolitan county) in 
which the assistance is expended;
    (ii) 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; and
    (iii) 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 persons with disabilities under section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 24 CFR part 8.
    (k) Other matters.
    Environmental Review. Grants under this program are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (NEPA) in accordance with 24 CFR part 50.20(p). However, prior to 
an award of grant funds, HUD will perform an environmental review to 
the extent required by HUD's environmental regulations at 24 CFR part 
50, including the applicable related authorities at 24 CFR 50.4.
    Federalism Impact. The General Counsel, as the Designated Official 
under section 6(a) of Executive Order 12612, Federalism, has determined 
that the policies contained in this notice will not have substantial 
direct effects on States or their political subdivisions, or the 
relationship between the Federal government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government and, therefore, the provisions of this notice do not have 
``federalism implications'' within the meaning of the Order. The notice 
only makes available technical assistance for housing authorities to 
address the problem of drug-related crime.
    Family Impact. The General Counsel, as the Designated Official for 
Executive Order 12606, the Family, has determined that the provisions 
of this notice have the potential for a positive, although indirect, 
impact on family formation, maintenance and general well-being within 
the meaning of the Order. This notice is intended to provide funding 
for technical assistance that will improve the quality of life of 
public and Indian housing development residents, including families, by 
reducing the incidence of drug-related crime.

Section 102 HUD Reform Act--Documentation and Public Access 
Requirements; Applicant/Recipient Disclosures

    Documentation and public access. 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 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 

[[Page 38218]]
1942), for further information on these 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, subpart C, and the notice published in 
the Federal Register on January 16, 1992 (57 FR 1942).

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. (This is not a toll-free number.) The Office of 
Ethics can provide information of a general nature to HUD employees, as 
well.

Section 112 HUD Reform Act

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

Prohibition Against Lobbying Activities

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

    Authority: Sec. 5127, Public Housing Drug Elimination Act of 
1988 (42 U.S.C. 11901 et. seq.); sec. 7(d), Department of Housing 
and Urban Development Act (42 U.S.C. 3535(d)).

    Dated: July 7, 1995.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 95-18126 Filed 7-24-95; 8:45 am]
BILLING CODE 4210-33-P