[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28538-28561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13518]



[[Page 28537]]

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Part II





Department of Housing and Urban Development





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Public and Indian Housing Drug Elimination Program; Funding 
Availability--FY 1997; Notice

  Federal Register / Vol. 62, No. 100 / Friday, May 23, 1997 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4181-N-01]


Public and Indian Housing Drug Elimination Program; Notice of 
Funding Availability--FY 1997

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

ACTION: Public and Indian Housing Drug Elimination Program Notice of 
Funding Availability (NOFA) for Fiscal Year (FY) 1997.

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SUMMARY: This NOFA announces HUD's FY 1997 funding of $250,649,052 
under the Public and Indian Housing Drug Elimination Program (PHDEP) 
for use in reducing/eliminating drug-related crime. Hereafter, the term 
housing authority (HA) shall include public housing agencies (PHAs) and 
Indian housing authorities (IHAs).
    In the body of this document is information concerning the purpose 
of the NOFA, applicant eligibility, available amounts, selection 
criteria, financial requirements, management, and application 
processing, including how to apply, how selections will be made, and 
how applicants will be notified of results.

DATES: Applications must be received at the local HUD Field Office on 
or before Friday, August 8, 1997, at 3:00 pm, local time. 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. A FAX is not acceptable.

ADDRESSES:

    (a) Application Kit: An application kit may be obtained, and 
assistance provided, from the local HUD Field Office with delegated 
public housing responsibilities over an applying public housing 
authority, or from the Area Offices of Native American Programs 
(AONAPs) having jurisdiction over an Indian housing authority making an 
application, or by calling HUD's Drug Information and Strategy 
Clearinghouse (DISC) on (800) 578-3472. The application kit contains 
information on all exhibits and certifications required under this 
NOFA. Applicants requiring additional information may use the funding 
cross-reference under HUD's Business and Community Partner HomePage on 
the Internet's World Wide Web (http://www.hud.gov/bushome.HTML).
    (b) Application Submission: An applicant shall submit only one 
application per housing authority under each NOFA. Joint applications 
are not permitted under this program with the following exception: 
housing authorities under a single administration (such as housing 
authorities managing another housing authority under contract or 
housing authorities sharing a common executive director) shall submit a 
single application, even though each housing authority has its own 
operating budget. Applications (Original and Three Identical Copies of 
the Original Application) must be received by the deadline at the local 
HUD Field Office with responsibilities over the applying public housing 
authorities, Attention: Director, Office of Public Housing or, in the 
case of Indian housing authorities, to the local HUD Administrator, 
AONAPs with jurisdiction over the applying Indian housing authorities, 
as appropriate. A complete listing of these offices is provided in 
Appendix ``A'' of this NOFA. It is not sufficient for an application to 
bear a postage date within the submission time period. Applications 
submitted by facsimile are not acceptable. Applications received after 
the deadline date of Friday, August 8, 1997, at 3:00 pm, Local Time, 
Will Not be Considered.

FOR FURTHER INFORMATION CONTACT: For questions concerning the PHDEP 
contact: the local HUD Field Office, Director, Office of Public Housing 
or the National Office of Native American Programs (NONAPs)/local 
Administrator, AONAPs (Appendix ``A'' of this NOFA), HUD's DISC on 
(800) 578-3472 and/or Malcolm (Mike) E. Main in the Office of Crime 
Prevention and Security, Office for Community Relations and 
Involvement, Office of Public and Indian Housing, Room 4112, on (202) 
708-1197, extension 4232.
    For questions concerning the Federally Assisted Housing Low-Income 
Housing Drug Elimination Program (AHDEP), and/or other Federally 
Assisted Housing Low-Income Housing programs contact Michael E. Diggs, 
Office of Multifamily Housing Programs, Office of Housing, Room 6130 on 
(202) 708-0614, extension 2514. A separate NOFA will be published by 
the Office of Multifamily Housing Programs, Office of Housing for AHDEP 
and other programs. The address for the above Headquarters persons is: 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410. Hearing-or-speech impaired persons may call (800) 
877-8339. (Federal Information Relay Service TTY). Except for the 
``800'' number, these telephone numbers are not toll-free.

SUPPLEMENTARY INFORMATION:

Promoting Comprehensive Approaches to Housing and Community Development

    HUD is interested in promoting comprehensive, coordinated 
approaches to housing and community development. Economic development, 
community development, public housing revitalization, homeownership, 
assisted housing for special needs populations, supportive services, 
and welfare-to-work initiatives can work better if linked at the local 
level. Toward this end, the Department in recent years has developed 
the Consolidated Planning process designed to help communities 
undertake such approaches.
    In this spirit, it may be helpful for applicants under this NOFA to 
be aware of other related HUD NOFAs that have recently been published 
or are expected to be published in the near future. By reviewing these 
NOFAs with respect to their program purposes and the eligibility of 
applicants and activities, applicants may be able to relate the 
activities proposed for funding under this NOFA to the recent and 
upcoming NOFAs and to the community's Consolidated Plan.
    The related NOFAs HUD is publishing elsewhere in this issue of the 
Federal Register are: the Federally Assisted Housing Drug Elimination 
NOFA, the Drug Elimination Technical Assistance NOFA, and the Safe 
Neighborhoods Grants NOFA.
    To foster comprehensive, coordinated approaches by communities, the 
Department intends for the remainder of FY 1997 to continue to alert 
applicants to upcoming and recent NOFAs as each NOFA is published. In 
addition, a complete schedule of NOFAs to be published during the 
fiscal year and those already published appears under the HUD Homepage 
on the Internet, which can be accessed at http://www.hud.gov/
nofas.html. Additional steps on NOFA coordination may be considered for 
FY 1998.
    For help in obtaining a copy of your community's Consolidated Plan, 
please contact the community development office of your municipal 
government.

Coordination With Local Law Enforcement Agencies

    In addition to working closely with residents and local governing 
bodies, it

[[Page 28539]]

is critically important that housing authorities establish ongoing 
working relationships with Federal, State and local law enforcement 
agencies in their efforts to address crime and violence in and around 
their housing developments. The Department firmly believes that the war 
on crime and violence in public and Indian housing can only be won 
through the concerted and cooperative efforts of housing authorities 
and law enforcement agencies working together in cooperation with 
housing authority residents and local governing bodies. As such, the 
Department expects housing authorities to demonstrate in their PHDEP 
grant applications and anti-crime plans how they propose to establish 
or enhance their working relationships and cooperation with law 
enforcement agencies.
    Under the revised Public Housing Management Assessment Program 
(PHMAP) published on December 30, 1996 (61 FR 68894), Indicator #8, 
Security, calls for housing authorities to establish cooperative 
systems for tracking crime and reporting incidents of crime to police 
authorities to improve law enforcement and crime prevention. The 
Department encourages housing authorities participating in PHDEP to not 
only establish and implement such systems, but to engage in ongoing 
dialogue and special cooperative efforts with their local law 
enforcement agencies as a means of developing and putting into effect 
needed anti-crime initiatives at housing developments.

Operation Safe Home

    Operation Safe Home was announced jointly by Vice President Albert 
Gore, former HUD Secretary Henry G. Cisneros, former Treasury Secretary 
Lloyd Bentsen, Attorney General Janet Reno, and representatives of the 
Office of National Drug Control Policy (ONDCP) at a White House 
briefing on February 4, 1994. Operation Safe Home is a major 
Departmental initiative focusing on violent and drug-related crime 
within public housing authorities. As such, it is a holistic 
enforcement approach which combines aggressive law enforcement 
interdiction efforts with a housing authority's crime prevention and 
intervention initiatives. Operation Safe Home is structured to combat 
the level of violent crime activities occurring within public and 
assisted housing, and enhance the quality of life within such complexes 
via three simultaneous approaches:

--Strong, collaborative law enforcement efforts focused on reducing the 
level of violent crime activities occurring within public and assisted 
housing;
--Collaboration between law enforcement agencies and public housing 
managers and residents in devising methods to prevent violent crime; 
and
--The introduction of HUD, DOJ and other agency initiatives 
specifically geared to preventing crime.

    For more information on Operation Safe Home, contact Lee Isdell, 
Office of the Inspector General, Department of Housing and Urban 
Development, Room 8256, 451 Seventh Street, SW., Washington, DC. 20410, 
telephone (202) 708-0430, fax number (202) 401-2505, Internet E:mail 
www.hud.gov./oig/oigindex.html. A telecommunications device for hearing 
or speech impaired persons (TDD) is available at (202) 708-0850. (These 
are not toll-free telephone numbers.)

Operation Weed and Seed

    Operation Weed and Seed, conducted through the U.S. Department of 
Justice, is a comprehensive, multi-agency approach to combatting 
violent crime, drug use, and gang activity in high-crime neighborhoods. 
The goal is to ``weed out'' crime from targeted neighborhoods and then 
to ``seed'' the targeted sites with a wide range of crime and drug 
prevention programs, and human services agency resources to prevent 
crime from reoccurring. Operation Weed and Seed further emphasizes the 
importance of community involvement in combatting drugs and violent 
crime. Community residents need to be empowered to assist in solving 
crime-related problems in their neighborhoods. In addition, the private 
sector needs to get involved in reducing crime. All of these entities, 
Federal, State, and local government, the community and the private 
sector should work together in partnership to create a safer, drug-free 
environment.
    The Weed and Seed strategy involves four basic elements:
    Law enforcement must ``weed out'' the most violent offenders by 
coordinating and integrating the efforts of Federal, State, and local 
law enforcement agencies in targeted high-crime neighborhoods. No 
social program or community activity can flourish in an atmosphere 
poisoned by violent crime and drug abuse.
    Local municipal police departments should implement community 
policing in each of the targeted sites. Under community policing, law 
enforcement should work closely with the housing authority and 
residents of the community to develop solutions to the problems of 
violent and drug-related crime. Community policing serves as a 
``bridge'' between the ``weeding'' (law enforcement) and ``seeding'' 
(neighborhood revitalization) components.
    After the ``weeding'' takes place, law enforcement and social 
services agencies, the private sector, and the community must work to 
prevent crime and violence from reoccurring by concentrating a broad 
array of human services--drug and crime prevention programs, drug 
treatment, educational opportunities, family services, and recreational 
activities--in the targeted sites to create an environment where crime 
cannot thrive.
    Federal, State, local, and private sector resources must focus on 
revitalizing distressed neighborhoods through economic development and 
must provide economic opportunities for residents.
    For further information on Operation Weed and Seed, contact the U.S 
Department of Justice, Office of Justice Programs, 366 Indiana Avenue, 
Room 304S, N.W., Washington, D.C., 20531 on (202) 616-1152, FAX number: 
(202) 616-1159, or Internet E:mail: [email protected].
    Specific activities undertaken pursuant to Operation Safe Home and 
Operation Weed and Seed may be eligible for PHDEP funding if they meet 
the funding criteria outlined in this NOFA. All activities must relate 
to one of the four selection criteria. Selection Criterion 4, in 
section I.(d)(4) of this NOFA, below, identifies areas of collaboration 
between applicants and Federal, State, Tribal and local law enforcement 
agencies.
    In this FY 1997 NOFA, the Department is focusing attention on three 
specific characteristics of the PHDEP program. First, the PHDEP program 
has proven to be one of the Department's most successful tools in 
assisting housing authorities in leveraging commercial, cash, non-
profit and other local government resources for the purpose of reducing 
or eliminating drug-related crime. One of the other important 
characteristics of the PHDEP is that a large number of PHDEP activities 
are implemented in community facilities that are owned and operated by 
housing authorities. Finally, HUD wants to emphasize that a 
comprehensive anti-crime strategy in housing authorities should include 
effective administration of housing authority screening, leasing and 
eviction policies. Bearing these issues in mind, housing authorities 
applying for PHDEP funds are strongly encouraged:
     To use PHDEP resources to establish collaborative 
relationships with, and increase over and above existing levels, the 
efforts of local

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municipal police departments and/or other law enforcement agencies, 
local social and/or religious organizations, and other public and 
private nonprofit organizations who provide community-wide services to 
offer substance abuse prevention, intervention, treatment, aftercare, 
education, assessment, and referral programs and services.
     To include in their comprehensive anti-crime strategies a 
discussion of how the proposed PHDEP drug and crime prevention 
activities will be coordinated with larger Empowerment and Enterprize 
Zone strategies and Welfare Reform efforts, especially in the areas of 
training and employment of PHA residents. The PHDEP application may 
include specific opportunities for resident employment and training 
with such activities as contracting or hiring of residents as security 
guard personnel, housing authority police officers, and for referrals 
to employment and training opportunities. The applicant must 
demonstrate how the employment and training qualifies as an eligible 
activity. PHDEP applicants should coordinate with Federal, Tribal, 
State and local agencies to increase employment and training 
opportunities for low-income residents, and thereby decrease drug-
related crime. Many communities are already developing and providing 
such services, and housing authorities are strongly encouraged to 
provide community facility space to allow the provision of these 
services for residents living ``in and around'' public and Indian 
housing authorities.
     To increase the use of housing authority community 
facilities, and bring back a community focus to housing authority 
properties. Expenses related to community policing; police mini-
stations; and resident training, substance abuse prevention, 
intervention, treatment, structured aftercare, and other human 
resources programs that comply with the requirements of this program 
Are Eligible Program Expenses. The Department encourages applicants to 
use housing authority community facilities in all eligible PHDEP 
activities. Community policing, resident training, substance abuse 
prevention, intervention and treatment (dependency, structured 
aftercare, and support systems) are all activities most effectively 
implemented in housing authority community facilities. While all PHDEP 
activities must be carried out ``in and around'' housing authorities, 
often the use of the community facilities is taken for granted, and not 
considered when planning effective implementation of PHDEP activities. 
The Department encourages applicants to consider current and future use 
of their community facilities for eligible activities, and to 
incorporate a strategy regarding facilities for on-site service 
delivery.
     As applicable, to incorporate ``One Strike and You're 
Out'' elements in applications to ensure PHAs have available the 
broadest range of tools for making and maintaining a safe residential 
community. ``One Strike and You're Out'' activities in applications may 
be eligible program expenses but to qualify as eligible activities, 
they must be included in the plan to address the crime problem in 
public housing developments required under Selection Criterion 2 in 
section I.(d)(2). Factors related to the One Strike initiative, such as 
screening applicants and lease enforcement, are examined under 
Selection Criterion 3 in section I.(d)(3) of this NOFA. As a part of 
the Public Housing Management Assessment Program (PHMAP), PHA 
performance will be measured, in part, by PHMAP indicator #8, 
``Security'', which was included in the revised PHMAP rule published on 
December 30, 1996 (61 FR 68894). Any successful, comprehensive anti-
crime strategy in public housing should address the elements of the 
PHMAP security indicator: tracking and reporting crime-related 
problems, screening applicants, enforcing lease requirements, and 
stating and achieving anti-crime strategies/goals in appropriate HUD 
grant programs.
    Any application that proposes any of the above activities must 
relate the activity directly to one or more of the four selection 
criteria in section I.(d) of this NOFA.
    In addition, the Department is very concerned about PHDEP program 
performance by grantees because of practices such as: lack of 
implementation of the approved PHDEP grant plan/timetables; 
inconsistent draw down of funds based upon the approved plan; 
inadequate tracking and measuring of performance regarding the 
reduction/elimination of crime in housing authorities and 
developments(s). With funding of some grantees provided for over seven 
years, tracking and measuring performance is necessary, and 
requirements for performance and outcome measurements are outlined in 
this NOFA. Applicants with previous unsatisfactory PHDEP, or other 
grant program, performance will be at a disadvantage with respect to 
the third selection criterion, the capability of the applicant to carry 
out the plan, at section I.(d)(3), below, of this NOFA.

Paperwork Reduction Act Statement

    The information collection requirements contained in this Notice 
have been approved by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned OMB 
control number 2577-0124, which expires October 31, 1999. An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid 
control number.

I. Purpose and Substantive Authority

    (a) 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).
    (b) Allocation amounts. (1) Fiscal Year 1997 Funding. The 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1997, (approved September 26, 
1996, Pub. L. 104-204), (97 App. Act) appropriated $290 million for the 
Drug Elimination Program. Of the total $290 million appropriated, $1 
million will fund drug information clearinghouse services; $10 million 
will fund drug elimination technical assistance, contracts and other 
assistance training, program assessments, and execution for or on 
behalf of public housing agencies and resident organizations (including 
the cost of necessary travel for participants in such training); $10 
million shall be used in connection with efforts to combat violent 
crime in public and assisted housing under the Operation Safe Home 
Program administered by the Inspector General of HUD; and $16.875 
million for the Federally Assisted Low-Income Housing Drug Elimination 
Program, which is administered by the Office of Housing and is made 
available through a separate NOFA. Additionally, a funding amount of 
$39,000 in FY 1997 funds is being awarded to the Randolph County 
Housing Authority, Randolph County, IL, a successful FY 1996 PHDEP 
grantee which was mistakenly denied this amount in FY 1996 funding for 
eligible law enforcement activities; $1,524,501 is being awarded to the 
Chicago Housing Authority, Chicago, IL., which was mistakenly denied 
this amount in FY 1996 funding for treatment activities; $8,400 is 
being

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awarded to the Tulsa Housing Authority which was incorrectly denied a 
project expense in its FY 1995 application, and finally $400,100 is 
being awarded to the Philadelphia Housing Authority, Philadelphia, PA, 
which was incorrectly denied this amount for an eligible law 
enforcement expense in its FY 1996 application. In addition, $496,053 
of prior PHDEP carryover and recovery program funds will be made 
available under the FY 1997 PHDEP NOFA. Accordingly, the total funding 
available, to remain available until expended, for funding under this 
FY 1997 PHDEP NOFA is $250,649,052. HUD is not funding the Youth Sports 
Program (YSP) for FY 1997, although YSP-type activities under programs 
to reduce/eliminate drug activities are eligible program expenses under 
section I.(c)(6) of this NOFA.
    (2) Maximum Grant Award Amounts. HUD is distributing grant funds 
under this NOFA on a national competition basis. Maximum grant award 
amounts are computed on a sliding scale, using an overall maximum cap, 
depending upon the number of housing authority units. The unit count 
includes rental, Turnkey III Homeownership, Mutual Help Homeownership 
and Section 23 leased housing bond-financed projects, although units in 
the Turnkey III Homeownership, Mutual Help Homeownership and Section 23 
bond-financed programs are counted only if they have not been conveyed. 
Applicants should note that in determining the unit count for PHA-owned 
or IHA-owned rental housing, a long-term vacancy unit, as defined in 24 
CFR 950.102 or 990.102, is still included in the count. Eligible 
projects must be covered by an annual contributions contract (ACC) 
during the period of the grant award. For information and specific 
guidance regarding PHA/IHA unit count contact the local HUD Field 
Office; or Headquarters, Joan Dewitt, Director, PIH Finance and Budget 
Division, on (202) 708-1872, extension 4035, and/or Deborah Lalancette, 
Director, NONAP, Housing Management on (303) 675-1600, extension 3300.
    The maximum grant awards are as follows, although, as discussed 
below, in section I.(b)(4) of this NOFA (Reduction of Requested Grant 
Amounts and Special Conditions), the Department may adjust the amount 
of any grant award. These estimates of the maximum grant awards are 
based on the amount of funds available in FY 1997.
    For housing authorities with 1-1,250 units: The Minimum grant award 
amount is $50,000 or a Maximum grant award cap of $300.00 per unit;
    For housing authorities with 1,251-24,999 units: The Maximum grant 
award is a maximum grant award cap of $260.00 per unit;
    For housing authorities with 25,000-49,999 units: The Maximum grant 
award is a maximum grant award cap of $230.00 per unit; and
    For housing authorities with 50,000 or more units: The Maximum 
grant award is a maximum cap of $200.00 per unit; up to, but not to 
exceed, a Maximum grant award of $35 million.
    An applicant shall not apply for more funding than is permitted in 
accordance with the maximum grant award amount as described above. Any 
application requesting funding that exceeds the maximum grant award 
amount permitted will be rejected and will not be eligible for any 
funding unless a computational error was involved in the FY 1997 PHDEP 
funding request. Section IV of this NOFA provides guidance regarding 
curable and noncurable deficiencies in the application. A computational 
error will be considered a curable deficiency in the application. 
Section III.(d) (Checklist of Application Requirements) of this NOFA 
requires applicants to compute the maximum grant award amount for which 
they are eligible. In accordance with sections I.(b)(2)(i) through 
(iii) of this NOFA, applicants are required to validate/confirm the 
housing authorities unit count with the local HUD Field Office prior to 
submission of the application. The amount computed in this way must be 
compared with the dollar amount requested in the application to make 
certain the amount requested does not exceed the maximum grant award. 
Units identified after the application deadline date will not be 
accepted as part of the unit count.
    (3) Reallocation. All awards will be made to fully fund an 
application, except as provided in section I.(b)(4) of this NOFA 
(Reduction of Requested Grant Amounts and Special Conditions) below.
    (4) Reduction of Requested Grant Amounts and Special Conditions. 
HUD may approve an application for an amount lower than the amount 
requested, withhold funds after approval, take other remedies that may 
be legally available, and/or the grantee will be required to comply 
with special conditions added to the grant agreement, in accordance 
with 24 CFR 85.12 (PHAs), and 24 CFR 950.135 (IHAs) as applicable, and 
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 failed under previous PHDEP grants to drawdown 
grant funds according to its plan, budget, and timetable, and/or failed 
to submit HUD required performance and financial reports in a timely 
manner. In addition, reports did not demonstrate satisfactory outcomes 
that reduced/eliminated drug-related crime; or
    (vi) The applicant has demonstrated an inability to manage other 
HUD grants.
    (c) Eligibility. Funding under this NOFA is available only for 
housing authorities. Although section 161 of the Housing and Community 
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992) 
makes public housing resident management corporations (RMCs) eligible 
for PHDEP funding, the 97 App. Act limited the funds appropriated ``for 
grants to public and Indian housing agencies.'' RMCs may continue to 
receive funding from housing authority grantees, as sub-grantees, to 
develop security programs and substance abuse prevention programs 
involving site residents as they have in the past. The Department has 
determined that the term ``in or around'' means within, or adjacent to, 
the physical boundaries of a public or Indian housing development. The 
effect of this definition is to make certain that program funds and 
program activities are targeted to benefit, as directly as possible, 
the residents of public and Indian housing developments, the intended 
beneficiaries of the program under the authorizing statute. The 
definition is also consistent with, but not as strictly limited as, the 
use of ``around'' in Federal criminal law, which makes it a Federal 
crime to dispense drugs within 1,000 feet of public housing property. 
An application for funding under this program may be for one or more of 
the eligible activities. Every application must describe how the 
proposed activities relate to the selection criteria in Section I.(d), 
below, of this NOFA, and how the proposed activities will reduce or 
eliminate drug-related crime. Concerning the definition of ``drug-
related crime'', the 97 App. Act provides that the term ``drug-related 
crime'', as defined in 42 U.S.C.

[[Page 28542]]

11905(2), shall also include other types of crime as determined by HUD. 
Accordingly, for purposes of this NOFA, the term ``drug-related crime'' 
as defined in 42 U.S.C. 11905(2) shall also include other crimes as 
reported under the FBI's Uniform Crime Reporting Program (UCR) system. 
These crimes are divided into two sections, Part I and Part II crimes. 
Part I crimes are: criminal homicide, forcible rape, robbery, 
aggravated assault (to include domestic violence--use of a weapon or by 
means likely to produce death or great bodily harm), burglary-breaking 
or entering, larceny-theft (except motor vehicle theft), motor vehicle 
theft, and arson. Part II crimes are other assaults, forgery and 
counterfeiting, fraud, embezzlement, vandalism, weapons (carrying, 
possessing), prostitution and commercialized vice, sex offenses (except 
forcible rape, prostitution and commercialized vice), drug abuse 
violations, gambling, offenses against the family and children, driving 
under the influence, liquor laws, drunkenness, disorderly conduct, 
vagrancy, all other offenses, suspicion, and offenses related to curfew 
and loitering laws and runaways.
    The following is a listing of eligible activities under this 
program and guidance as to their parameters:
    (1) Employment of Security Personnel. Employment of security 
personnel is permitted under this section. Employment of security 
personnel is divided into two categories: Security personnel services, 
and housing authority police departments.
    (i) General requirements. The following requirements apply to all 
employment of security personnel activities funded under this NOFA:
    (A) Compliance. Security guard personnel and public housing 
authority police departments funded by this NOFA must meet, and 
demonstrate compliance with, all relevant Federal, State, Tribal or 
local government insurance, licensing, certification, training, 
bonding, or other similar law enforcement requirements.
    (B) Law enforcement service agreement. The applicant and the local 
law enforcement agency, and if relevant, the contract provider of 
security personnel services, are required to enter into a law 
enforcement service agreement, in addition to the housing authority's 
cooperation agreement, that describes the following:
    (1) The activities to be performed by security guard personnel or 
the public housing authority police department; the scope of authority, 
written policies, procedures, and practices that will govern security 
personnel or public housing authority police department performance 
(i.e., a policy manual as described in section I.(c)(1)(i)(C), below, 
of this NOFA); and how security guard personnel or the public housing 
authority police department shall coordinate activities with the local 
law enforcement agency;
    (2) The types of activities that the approved security guard 
personnel or the public housing authority police department are 
expressly prohibited from undertaking.
    (C) Policy manual. Security guard personnel services and public 
housing authority police departments funded under this NOFA shall be 
guided by a policy manual that directs the activities of its personnel 
and contains the policies, procedures, and general orders that regulate 
conduct and describe in detail how jobs are to be performed. The policy 
manual must exist before execution of the grant agreement. The housing 
authority shall ensure all security guard personnel and housing 
authority police officers are trained, at a minimum, in the following 
areas that must be covered in the policy manual: use of force, resident 
contacts, enforcement of HA rules, response criteria to calls, 
pursuits, arrest procedures, reporting of crimes and workload, feedback 
procedures to victims, citizens' complaint procedures, internal affairs 
investigations, towing of vehicles, authorized weapons and other 
equipment, radio procedures internally and with local police, training 
requirements, patrol procedures, scheduling of meetings with residents, 
reports to be completed, record keeping and position descriptions on 
all personnel, post assignments, monitoring, and self-evaluation 
program requirements.
    (D) Data management. A daily activity and incident complaint form 
approved by the housing authority must be used by security personnel 
and officers funded under this NOFA for the collection and analysis of 
criminal incidents and responses to service calls. Security guard 
personnel and housing authority police departments funded under this 
NOFA must establish and maintain a system of records management for the 
daily activity and incident complaint forms that appropriately ensures 
the confidentially of personal criminal information. Management 
Informational Systems (MIS) (computers, software, and associated 
equipment) and management personnel in support of these activities are 
eligible for funding.
    (ii) Security Personnel Services. Contracting for, or direct 
housing authority employment of, security personnel services in and 
around housing development(s) is Permitted under this program. 
Contracts for security personnel services must be awarded on a 
competitive basis.
    (A) Eligible services--over and above. Security guard personnel 
funded by this program must perform services that are over and above 
those usually performed by local municipal law enforcement agencies on 
a routine basis. Eligible services may include patrolling inside 
buildings, providing personnel services at building entrances to check 
for proper identification, or patrolling and checking car parking lots 
for appropriate parking decals.
    (B) Employment of residents. Housing authorities are Permitted and 
encouraged to demonstrate in plans the employment of qualified 
resident(s) as security guard personnel, and/or to contract with 
security guard personnel firms that demonstrate in a proposed contract 
a program to employ qualified residents as security guard personnel. An 
applicant's program of eliminating drug-related crime should promote 
``welfare to work'' in housing authorities and development(s).
    (iii) Employment of Personnel and Equipment for HUD Authorized 
Housing Authority Police Departments. Funding for equipment and 
employment of housing authority police department personnel is 
Permitted for housing authorities that already have their own public 
housing authority police departments. The below-listed eleven (11) 
housing authorities have been identified by HUD as having eligible 
public housing police departments/agencies under the FY 1997 PHDEP:

Baltimore Housing Authority and Community Development, Baltimore, MD
Boston Housing Authority, Boston, MA
Buffalo Housing Authority, Buffalo, NY
Chicago Housing Authority, Chicago, IL
Cuyahoga Metropolitan Housing Authority, Cleveland, OH
Housing Authority of the City of Los Angeles, Los Angeles, CA
Housing Authority of the City of Oakland, Oakland, CA
Philadelphia Housing Authority, Philadelphia, PA
Housing Authority of the City of Pittsburgh, Pittsburgh, PA
Waterbury Housing Authority, Waterbury, CT
Virgin Islands Housing Authority, Virgin Islands

    (A) On September 22, 1995, the Department issued Notice PIH 95-58 
(Guidelines for Creating, Implementing and Managing Public Housing 
Authority

[[Page 28543]]

Police Departments in Public Housing Authorities). This notice 
identifies the prerequisites for creating public housing police 
departments and provides guidance regarding technical assistance to 
housing authorities to assist in making decisions regarding public 
housing security, analysis of security needs, and performance measures 
and outcomes.
    (B) Housing authorities that have established their own public 
housing authority police departments, but are not included on this 
list, may file a written request to be recognized by the Department as 
a public housing authority police department by contacting the Office 
of the Deputy Assistant Secretary for Community Relations and 
Involvement, Public and Indian Housing, Department of Housing and Urban 
Development, Room 4126, 451 Seventh Street, SW., Washington, DC 20410. 
This request must be submitted and approved by the Department prior to 
the submission of the FY 1997 PHDEP application. Hearing-or-speech 
impaired persons may call (800) 877-8339. (Federal Information Relay 
Service TTY.) Except for the ``800'' number, these telephone numbers 
are not toll-free.
    (C) An applicant seeking funding for this activity must describe 
the current level of local law enforcement agency baseline services 
being provided to the housing authority/development(s) proposed for 
assistance. Local law enforcement baseline services are defined as 
ordinary and routine services provided to the residents as a part of 
the overall city and county-wide deployment of police resources, to 
respond to crime and other public safety incidents, including: 911 
communications, processing calls for service, routine patrol officer 
responses to calls for service, and investigative follow-up of criminal 
activity.
    (D) Applicants for funding of housing authority public housing 
authority police department officers must have car-to-car (or other 
vehicles) and portable-to-portable radio communications links between 
public housing authority police officers and local municipal law 
enforcement officers to assure a coordinated and safe response to 
crimes or calls for services. The use of scanners (radio monitors) is 
not sufficient to meet the requirements of this section. Applicants 
that do not have such links must submit a plan and timetable for the 
implementation of such communications links, which is an activity 
eligible for funding. A housing authority funded under the FY 1994, 
1995, and/or 1996 PHDEP for public housing police departments shall 
demonstrate in its plan what progress has been made in implementing its 
communications links. The Department will monitor results of the 
housing authority's plan and timetable.
    (E) Public housing authority police departments funded under this 
program that are not employing a community policing concept must submit 
a plan and timetable for the implementation of community policing. A 
housing authority funded under the FY 1994, 1995, and/or 1996 PHDEP for 
public housing police departments shall demonstrate in its plan what 
progress has been made in implementing its community policing program. 
The Department will monitor results of the housing authority's plan and 
timetable.
    (1) Community policing has a variety of definitions; however, for 
the purposes of this program, it is defined as follows: Community 
policing is a method of providing law enforcement services that 
stresses a partnership among residents, police, schools, churches, 
government services, the private sector, and other local, State, 
Tribal, and Federal law enforcement agencies to prevent crime and 
improve the quality of life by addressing the conditions and problems 
that lead to crime and the fear of crime.
    (2) This method of policing involves a philosophy of proactive 
measures, such as foot patrols, bicycle patrols, motor scooters 
patrols, KOBAN activities (community police officers who operate 
through community-based facilities in housing authorities [e.g., 
community center, police mini station] providing human resource 
activities as described in section I.(c)(6) of this NOFA with inner-
city youth who demonstrate high risk behaviors which can lead to drug-
related crime), and citizen contacts. For additional information 
regarding KOBAN community policing contact Malcolm (Mike) E. Main, 
(202) 708-1197, extension 4232. This concept empowers police officers 
at the beat and zone level and residents in neighborhoods in an effort 
to: Reduce crime and fear of crime; assure the maintenance of order; 
provide referrals of residents, victims, and the homeless to social 
services and government agencies; assure feedback of police actions to 
victims of crime; and promote a law enforcement value system on the 
needs and rights of residents.
    (F) Housing authority police departments funded under this program 
that are not nationally or state accredited must submit a plan and 
timetable for such accreditation. Housing authorities may use either 
their State accreditation program, if one exists, or the Commission on 
Accreditation for Law Enforcement Agencies (CALEA) for this purpose. 
Use of grant funds for public housing police department accreditation 
activities is permitted. Housing authorities receiving grants under 
section I.(c)(1)(iii) of this NOFA (public housing police departments) 
are required to hire a public housing police department accreditation 
specialist to manage the accreditation program. Housing authority 
police departments must submit a plan and timetable in order to be 
funded for this activity. Any public housing police department funded 
under the FY 1994, 1995, and/or 1996 PHDEP shall demonstrate in its 
plan what progress has been made in implementing its accreditation 
program and the projected date of accreditation. The Department will 
monitor results of the housing authority's plan and timetable.
    (G) Housing authorities that have been identified by HUD in section 
I.(c)(1)(iii), (public housing police departments) above, of this NOFA 
as having authorized public housing police departments are permitted to 
use PHDEP funds to purchase or lease any law enforcement clothing or 
equipment, such as, vehicles, uniforms, ammunition, firearms/weapons, 
police vehicles; including cars, vans, buses, and protective vests, or 
any other equipment that supports their crime prevention and security 
mission. Housing authorities not identified by HUD in Section 
I.(c)(1)(iii), above, of this NOFA as having an authorized public 
housing police department are not permitted to use PHDEP funds to 
directly purchase any clothing or equipment for use by local municipal 
police departments and/or other law enforcement agencies.
    (2) Reimbursement of Local Law Enforcement Agencies for Additional 
(Supplemental--Over and Above Baseline Services) Security and 
Protective Services.
    (i) Additional (supplemental) security and protective services Are 
Permitted under this program, but such services must be over and above 
the local police department's current level of baseline services. 
Housing authorities are required to identify the level of local law 
enforcement services that they are required to receive pursuant to 
their local cooperation agreements, as well as the current level of 
services being received. For purposes of this NOFA, local police 
department baseline services are defined as ordinary and routine 
services, including patrols, police officer responses to 911 
communications and other calls for service, and investigative follow-up 
of

[[Page 28544]]

criminal activity, provided to HA residents as a part of the overall 
deployment of police resources by the local jurisdiction in which the 
HA is located.
    In addition to providing reimbursement to local law enforcement 
agencies for an increase over current baseline services to housing 
authorities, funds may be used in a manner consistent with the 
requirements of this NOFA for the equipment and employment of a local 
police division or bureau dedicated exclusively to providing law 
enforcement services (over and above local law enforcement baseline 
services) to a housing authority. For convenience of reference, the 
particular eligible activity of the equipment and employment of a local 
police division or bureau dedicated exclusively to providing law 
enforcement services (over and above local law enforcement baseline 
services) to a housing authority is referred to as an HA-dedicated 
police division/bureau. All of the requirements of this section 
I.(c)(2) apply to this activity. In addition, specific requirements for 
an HA-dedicated police division/bureau appear at section 
I.(c)(2)(viii), below.
    (ii) An applicant seeking funding for activities under this section 
I.(c)(2) of the NOFA must first define the local police department's 
current level of baseline services to the HA residents. The description 
of baseline services must include the number of officers and equipment 
and the actual percent of their time assigned to the housing 
authority's development(s) proposed for funding. The applicant must 
then demonstrate in its plan to what extent the proposed funded 
activity will represent an increase over and above these baseline 
services.
    (iii) Equipment and personnel funded under this NOFA shall be used 
exclusively for the housing authority's crime prevention and 
comprehensive security efforts, which must be conducted in connection 
with the establishment of a law enforcement mini-station facility and/
or presence on the funded premises or scattered site developments of 
the housing authority. Housing authorities are permitted to purchase, 
but must demonstrate accountability for, communications and security 
equipment to improve collection, analysis, and use of information about 
drug-related crime in their development(s), such as surveillance 
equipment (e.g., Closed Circuit Television (CCTV), software, cameras, 
monitors, components and supporting equipment), computers accessing 
national, Tribal, State or local government security networks and 
databases, facsimile machines, telephone equipment, bicycles, and motor 
scooters, or other communications and security equipment. The 
communications and security equipment must be used in connection with 
the establishment of law enforcement mini-station(s) and/or other law 
enforcement facility(s) on the funded premises or scattered site 
developments of the housing authority. The communication and security 
equipment shall be the property of, and maintained by, the housing 
authority.
    (iv) The local law enforcement agency shall collect its police 
officer's PHDEP-funded activity (not just hours of work) information 
for the housing authority. The local law enforcement agency must use a 
housing authority-approved activity form for the collection, analysis 
and reporting of activities by officers funded under this NOFA.
    (v) Expenditures for activities under this section must not be 
incurred by the housing authority (grantee) and funds will not be 
released by the local HUD Field Office until the grantee and the local 
law enforcement agency execute a contractual agreement, with an 
operational plan, for the additional (supplemental) law enforcement 
services. The agreement must state that the funding to be provided by 
the HA for additional services is over and above the police agency's 
approved budget and that the PHDEP funds will not be used to replace 
funds for law enforcement services in the local government's approved 
budget. The local police department or law enforcement agency shall be 
reimbursed in accordance with this contractual agreement.
    (vi) The Department advocates and strongly encourages local 
community policing collaborations, between housing authorities and 
local police departments and agencies, regarding reduction/elimination 
of drug-related crime to improve safety and security for residents in 
housing authorities. For additional background on community policing 
strategy, see the discussion at section I.(c)(1)(iii)(E) of this NOFA.
    (vii) The Department advocates and strongly encourages housing 
authorities to work closely with local police departments to permit the 
admission to public housing of police officers and other security 
personnel, whose visible presence may serve as a deterrent to drug-
related crime. Section 519 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 1437a-1) permits housing authorities to allow 
police officers and other security personnel not otherwise eligible for 
occupancy to reside in public or Indian housing dwelling units under a 
plan that will increase security for residents while minimizing both 
the reduction of available dwelling units and loss of housing authority 
income. HUD's final rule implementing section 519 is located at subpart 
E of 24 CFR part 960. For assistance regarding this program, contact 
the local HUD Field Office and/or the Office of the Deputy Assistant 
Secretary for Public and Assisted Housing Operations, Linda Campbell, 
Director, Marketing and Leasing Management Division, (202) 708-0744 
and/or Malcolm (Mike) Main, (202) 708-1197, extension 4232.
    (viii) HA-dedicated police division/bureau. The following 
additional requirements apply to an application proposing to establish 
an HA-dedicated police division/bureau, which is a police division or 
bureau of the local law enforcement agency, consisting of full-time 
officers, dedicated exclusively to providing law enforcement services 
to a housing authority:
    (A) To be an eligible activity for funding under this NOFA, an HA-
dedicated police division must first be recognized by HUD. Local 
governments who wish to establish an HA-dedicated police division must 
file a written request to be recognized by the Department by contacting 
the Office of the Deputy Assistant Secretary for Community Relations 
and Involvement, Public and Indian Housing, Department of Housing and 
Urban Development, Room 4126, 451 Seventh Street, SW., Washington, DC 
20410. This request must be submitted to and approved by HUD prior to 
the submission of the FY 1997 PHDEP application. Hearing-or-speech 
impaired persons may call (800) 877-8339. (Federal Information Relay 
Service TTY.) Except for the ``800'' number, these telephone numbers 
are not toll-free.
    (B) The HA and the local law enforcement agency must have executed 
a written law enforcement service agreement that includes: a short (up 
to two years) and long (up to three years) range operational plan that 
identifies the strategy, number of law enforcement personnel and the 
equipment that will be dedicated exclusively to providing law 
enforcement services to the HA's developments; specific performance 
measurements; procedures for communications and coordination with the 
housing authority; job descriptions of the officers; and the local 
government's and the housing authority's roles and responsibilities.
    (viii) In order to assist housing authorities to develop and 
administer relevant, fair, and productive law enforcement service 
contracts with local

[[Page 28545]]

police departments for the delivery of effective security services to 
the housing authority residents, a sample contract for law enforcement 
services is provided with the application kit. A sample model law 
enforcement contract is provided in the application kit and also may be 
obtained by calling HUD's DISC, on 1-800-578-3472.
    (3) Physical Improvements to Enhance Security.
    (i) Physical improvements that are specifically designed to enhance 
security are permitted under this program. These improvements may 
include (but are not limited to) the installation of barriers, speed 
bumps, lighting systems, fences, surveillance equipment (e.g., Closed 
Circuit Television (CCTV), software, fax, cameras, monitors, components 
and supporting equipment) bolts, locks; and the landscaping or 
reconfiguration of common areas so as to discourage drug-related crime 
in the housing authorities and development(s) proposed for funding.
    (ii) An activity cost that is funded under any other HUD program, 
such as the modernization program at 24 CFR part 968, shall not also be 
funded by this program. Housing authorities are encouraged to fund 
physical security improvements under their approved modernization 
programs whenever possible since the PHDEP program is designed 
essentially to fund ``soft'' costs rather than ``hard'' costs. The 
applicant must demonstrate program compliance, accountability, 
financial and audit controls of PHDEP funds and prevent duplication of 
funding any activity. Housing authorities shall not co-mingle funds of 
HUD multiple programs such as: CIAP, CGP, OTAR, ED/SS, TOP, HOPE 
projects, Family Investment, Elderly Service Coordinator, and Operating 
Subsidy.
    (iii) Funding is not permitted for physical improvements that 
involve the demolition of any units in a development.
    (iv) Funding is not permitted for any physical improvements that 
would result in the displacement of persons.
    (v) Funding is not permitted for the acquisition of real property.
    (vi) Funding is permitted for purchase or lease of house trailers 
used for eligible community policing, educational, employment, and 
youth activities.
    (vii) All physical improvements must also be accessible to persons 
with disabilities. For example, some types of locks, buzzer systems, 
and doors, are not accessible to persons with limited strength or 
mobility, or to persons who are hearing impaired. All physical 
improvements must meet the accessibility requirements of 24 CFR part 8.
    (4) Employment of Investigators.
    (i) Employment of and equipment for one or more individuals is 
permitted under this program to:
    (A) Investigate drug-related crime ``in or around'' the real 
property comprising any housing authority's development(s); and
    (B) Provide evidence relating to any such crime in any 
administrative or judicial proceedings.
    (ii) Housing authorities that employ investigators funded by this 
program must meet and demonstrate compliance with all relevant Federal, 
Tribal, State or local government insurance, licensing, certification, 
training, bonding, or other similar law enforcement requirements.
    (iii) The housing authority (grantee), and the provider of the 
investigative services are required to enter into and execute a written 
agreement that describes the following:
    (A) The nature of the activities to be performed by the housing 
authority investigators, their scope of authority, reports to be 
completed, established policies, procedures, and practices that will 
govern their performance (i.e., a Policy Manual as described in section 
I.(c)(1)(i)(C) of this NOFA) and how housing authority investigators 
will coordinate their activities with local, State, Tribal, and Federal 
law enforcement agencies; and
    (B) The types of activities that the housing authority 
investigators are expressly prohibited from undertaking.
    (iv) Under this section, reimbursable costs associated with the 
investigation of drug-related crimes (e.g., travel directly related to 
the investigator's activities, or costs associated with the 
investigator's testimony at judicial or administrative proceedings) may 
only be those directly incurred by the investigator.
    (v) Housing authority investigator(s) shall report on drug-related 
crime and other part I and part II crimes in the housing authority and 
developments. Housing authorities shall establish, implement and 
maintain a system of records management that ensures confidentiality of 
criminal records and information. Housing authority-approved activity 
forms must be used for the collection, analysis and reporting of 
activities by housing authority investigators funded under this 
section. Management Informational Systems (MIS) (Computers, software, 
hardware, and associated equipment) and management personnel are 
encouraged and are eligible program expenses in support of a housing 
authority's crime and workload data collection activity and its crime 
prevention and security mission.
    (vi) Funding is permitted for housing authority investigator(s) to 
use PHDEP funds to purchase or lease any law enforcement clothing or 
equipment, such as vehicles, uniforms, ammunition, firearms/weapons, or 
vehicles; including cars, vans, buses, protective vests, and any other 
supportive equipment, to support the activities of the investigators.
    (vii) Expenditures for activities under this section will not be 
incurred by the housing authority (grantee) and funds will not be 
released by the local HUD Field Office until the grantee has met all of 
the above requirements.
    (5) Voluntary tenant patrols. Active voluntary tenant patrol 
activities, to include purchase of uniforms, equipment and related 
training, are permitted under this section. For the purposes of this 
section, the elimination of drug-related crime within and around the 
housing authority/development(s) requires the active involvement and 
commitment of residents and their organizations.
    (i) The provision of training and equipment (including uniforms) 
for use by voluntary tenant patrols acting in cooperation with 
officials of local law enforcement agencies is permitted under this 
program. Members must be volunteers and must be residents of the 
housing authority's development(s). Voluntary tenant patrols 
established under this program are expected to patrol in the housing 
authority's development(s) proposed for assistance, and to report 
illegal activities to appropriate housing authority staff, and local, 
State, Tribal, and Federal law enforcement agencies, as appropriate. 
Housing authorities are required to obtain liability insurance to 
protect themselves and the members of the voluntary tenant patrol 
against potential liability for the activities of the patrol under this 
program. The cost of this insurance is an eligible program expense.
    (ii) The housing authority (grantee) and cooperating local law 
enforcement agency, and the members of the voluntary tenant patrol are 
required, prior to expending any grant funds, to enter into and execute 
a written housing authority/local municipal police department agreement 
that describes the following:
    (A) The nature of the activities to be performed by the voluntary 
tenant patrol, the patrol's scope of authority, assignment, the 
established policies, procedures, and practices that will govern the 
voluntary tenant patrol's

[[Page 28546]]

performance and how the patrol will coordinate its activities with the 
law enforcement agency;
    (B) The types of activities that a voluntary tenant patrol is 
expressly prohibited from undertaking, including, but not limited to, 
the carrying or use of firearms or other weapons, nightstick, clubs, 
handcuffs, or mace in the course of their duties under this program;
    (C) The initial and follow-up voluntary tenant patrol training the 
members receive from the local law enforcement agency (training by the 
local law enforcement agency is required before putting the voluntary 
tenant patrol into effect); and
    (D) Voluntary tenant patrol members must be advised that they may 
be subject to individual or collective liability for any actions 
undertaken outside the scope of their authority and that such acts are 
not covered under a housing authority's liability insurance.
    (iii) Uniforms, communication and related equipment eligible for 
funding under this program shall be reasonable, necessary, justified 
and related to the operation of the voluntary tenant patrol and must be 
otherwise permissible under local, State, Tribal, or Federal law.
    (iv) Under this program, bicycles, motor scooters, all season 
uniforms and associated equipment (voluntary tenant patrol uniforms and 
equipment must be identified with specific housing authority/
development(s) identification and markings) to be used, exclusively, by 
the members of the housing authority's voluntary tenant patrol are 
eligible items.
    (v) PHDEP grant funds shall not be used for any type of financial 
compensation, such as any full-time wages or salaries for voluntary 
tenant and/or patrol participants. Funding for housing authority 
personnel or resident(s) to be hired to coordinate this activity is 
permitted.
    (6) Programs to reduce/eliminate the use of drugs (prevention, 
intervention, treatment, short/long range structured aftercare and 
individual support systems). Programs that reduce/eliminate drug-
related crime ``in or around'' the premises of the housing authority/
development(s), including substance abuse prevention, intervention, and 
referral programs, and programs of local social and/or religious and 
other organizations that provide treatment services [contractual or 
otherwise] for dependency/remission, and structured aftercare/support 
system programs, are permitted under this program. The applicant must 
establish a confidentiality policy regarding medical and disability-
related information. For purposes of this section, the goals of this 
program are best served by focusing resources directly upon housing 
authority residents and families. Successful strategies (best 
practices) have incorporated substance abuse prevention, intervention 
and treatment (dependency/remission and short and long term aftercare) 
activities into a ``continuum of care'' approach that assists persons 
that are using or are at-risk of using drugs and/or committing drug-
related crime by providing alternative activities, such as; education, 
training and employment development opportunities. The applicant's goal 
must be to reduce/eliminate drug-related crime through a program 
designed to provide education, training and employment opportunities 
for residents. Such programs create a prime opportunity for housing 
authorities to leverage resources and bring additional Federal, State 
and local resources into the housing authority community. While housing 
authorities provide space and other infrastructure, other public or 
private agencies can provide staff and other resources with limited 
cost or no cost. Applicants are encouraged to use the PHDEP resources 
in this fashion. A community-based approach requires a culturally 
appropriate strategy. Curricula, activities, and staff should address 
the cultural issues of the local community, which requires familiarity 
and facility with the language and cultural norms of the community. As 
applicable, this strategy should discuss cultural competencies 
associated with Hispanic, African-American, Asian, Native American or 
other racial or other ethnic communities. Applicants are encouraged to 
develop a substance abuse/sobriety (remission)/treatment (dependency) 
strategy to facilitate substance abuse prevention, intervention, 
treatment, and structured aftercare efforts, that include outreach to 
community resources, youth activities, and that facilitate bringing 
these resources onto the premises, or providing resident referrals to 
treatment programs or transportation to out-patient treatment programs 
away from the premises. Funding is permitted for reasonable, necessary 
and justified purchasing or leasing (whichever can be documented as the 
most cost effective) of vehicles for grant administration, resident 
youth and adult education, and training and employment opportunity 
activities directly related to reducing/eliminating drug-related crime. 
Based upon the current Diagnostic and Statistical Manual (DSM) of 
Mental Disorders, of the American Psychiatric Association dated May 
1994, as it applies to substance abuse, dependency and structured 
aftercare, related activities and programs are eligible for funding 
under this program. For additional information regarding the DSM Manual 
contact APPI, 1400 K Street, NW., Suite 1100, Washington, DC 20005 on 1 
(800) 368-5777 or World Wide Web site at http:\\www.appi.org. Funding 
is permitted for reasonable, necessary and justified program costs, 
such as meals, beverages and transportation, incurred only for 
training, education and employment activities, as set forth in OMB 
Circular A-87, directly related to reducing/eliminating drug-related 
crime.
    (i) Prevention. Prevention programs that will be considered for 
funding under this part should provide a comprehensive prevention 
approach for the housing authority resident(s) that addresses the 
individual resident and his or her relationship to family, peers, and 
the community and that reduces/eliminates drug-related crime. 
Prevention programs should include activities designed to identify and 
change the factors present in housing authorities that lead to drug-
related crime, and thereby lower the risk of drug usage. Many 
components of a comprehensive approach, such as refusal and restraint 
skills training programs or drug, substance abuse/dependency, family 
counseling, may already be available in the community of the 
applicant's housing developments.
    (A) Educational Opportunities. The causes and effects of illegal 
drug/substance abuse must be discussed in a culturally appropriate and 
structured setting to educate young people with the working knowledge 
and skills they need to reject illegal drugs, which has been identified 
by the Office of National Drug Control Policy as one of the top five 
goals and objectives to address in their 10-Year Strategy Commitment. 
Grantees may contract (in accordance with 24 CFR 85.36) with 
professionals to provide such knowledge and skills with training 
programs or workshops. The professionals contracted to provide these 
services shall be required to base their services upon the needs 
assessment and program plan of the grantee. These educational 
opportunities may be a part of resident meetings, youth activities, or 
other gatherings of public and Indian housing residents.
    (B) Family and Other Support Services. For purposes of this 
section, the term ``supportive services'' means services to provide 
housing authority families with access to prevention, educational and 
employment

[[Page 28547]]

opportunities, such as: Child care; employment training; computer 
skills training; remedial education; substance abuse counseling; 
assistance in the attainment of certification of high school 
equivalency; and other services to reduce drug-related crime. In 
addition, substance abuse and other prevention programs must 
demonstrate that they will provide directly, or otherwise make 
available, services designed to distribute substance/drug education 
information, to foster effective parenting skills, and to provide 
referrals for treatment and other available support services in the 
housing development or the community for housing authority families.
    (C) Adult and Youth Services. Prevention programs must demonstrate 
that they have included groups composed of young people as a part of 
their prevention programs. These groups should be coordinated by adults 
with the active participation of youth to organize youth leadership, 
sports, recreational, cultural and other activities involving housing 
authority youth. The dissemination of information designed to reduce 
drug-related crime, such as, prevention programs, employment 
opportunities; employment training; literacy training; computer skills 
training; remedial education; substance abuse and dependency/remission 
counseling; assistance in the attainment of certification of high 
school equivalency; and other appropriate services and the development 
of peer leadership skills and other prevention activities must be a 
component of youth services.
    (D) Economic and Educational Opportunities for Resident Adult and 
Youth Activities. Prevention programs must demonstrate a capacity to 
provide housing authority residents the opportunities for interaction 
with or referral to established higher education or vocational 
institutions with the goal of developing or building on the residents' 
skills to pursue educational, vocational and economic goals. Programs 
such as computer learning centers for both adults and youth, employment 
service centers coordinated with Federal, Tribal, State and local 
employment offices, and micro-business centers are eligible under this 
program. The application should demonstrate that the proposed 
activities will provide housing authority residents the opportunity to 
interact with private sector businesses in their immediate and 
surrounding communities for the same desired goals. Economic and 
educational opportunities for residents and youth activities should be 
discussed in the context of ``welfare to work'' and related Federal, 
Tribal, State and local government efforts for employment training, 
education and employment opportunities related to ``welfare to work'' 
goals. Limited educational scholarships are permitted under this 
section. No one individual award may exceed $500.00, and there is a 
total maximum cap scholarship program award of $25,000. Educational 
scholarship FY 1997 PHDEP funds must be obligated and expended during 
the term of the grant. The applicant must demonstrate in its plan and 
timetable the scholarship strategy; the financial and audit controls 
that will be used; and projected outcomes. Student financial assistance 
is permitted for individual public housing scholarship activities. 
These activities must be reasonable, necessary and justified.
    (ii) Intervention. The aim of intervention is to provide housing 
authority residents' substance abuse/dependency remission services, and 
assist them in modifying their behavior and maintaining remission, and 
in obtaining early substance abuse, treatment and structured aftercare, 
if necessary.
    (iii) Substance Abuse/Dependency Treatment.
    (A) Treatment funded under this program should be ``in or around'' 
the premises of the housing authority/development(s) proposed for 
funding. The Department has defined the term ``in or around'' to mean 
within, or adjacent to, the physical boundaries of a public or Indian 
housing development. The intent of this definition is to make certain 
that program funds and program activities are targeted to benefit, as 
directly as possible, public and Indian housing developments, the 
intended beneficiaries of PHDEP. The goals of this program are best 
served by focusing its resources directly upon the residents of housing 
authorities and development(s). The applicant must establish a 
confidentiality policy regarding medical and disability-related 
information.
    (B) Funds awarded under this program shall be targeted towards the 
development and implementation of sobriety maintenance, substance-free 
maintenance support groups, substance abuse counseling, referral 
treatment services and short or long range structured aftercare, or the 
improvement of, or expansion of, such program services for housing 
authority residents.
    (C) Each proposed drug program must address, but is not limited to, 
the following goals:
    (1) Increase resident accessibility to treatment services;
    (2) Decrease drug-related crime ``in or around'' the housing 
authority/development(s) by reducing and/or eliminating drug use among 
residents; and
    (3) Provide services designed for youth and/or adult drug abusers 
and recovering addicts, e.g., prenatal and postpartum care, specialized 
family and parental counseling, parenting classes, or other supportive 
services such as domestic or youth violence counseling.
    (D) Independent approaches that have proven effective with similar 
populations will be considered for funding. Applicants must consider in 
the overall strategy the following criteria:
    (1) Formal referral arrangements to other treatment programs in 
cases where the resident is able to obtain treatment costs from sources 
other than this program.
    (2) Family/youth counseling.
    (3) Linkages to educational and vocational training and employment 
counseling.
    (4) Coordination of services from and to appropriate local 
substance abuse/treatment agencies, HIV-related service agencies, 
mental health and public health programs.
    (E) As applicable, applicants must demonstrate a working 
partnership with the Single State Agency or local, Tribal or State 
license provider or authority with substance abuse program(s) 
coordination responsibilities to coordinate, develop and implement the 
substance dependency treatment proposal.
    (F) Applicants must demonstrate that counselors (contractual or 
otherwise) meet Federal, State, Tribal, and local government licensing, 
bonding, training, certification and continuing training re-
certification requirements.
    (G) The Single State Agency or authority with substance abuse and 
dependency programs coordination responsibilities must certify that the 
proposed program is consistent with the State plan; and that the 
service(s) meets all Federal, State, Tribal and local government 
medical licensing, training, bonding, and certification requirements.
    (H) Funding is permitted for drug treatment of housing authority 
residents at local in-patient medical (contractual or otherwise) 
treatment programs and facilities. PHDEP funding for structured in-
patient drug treatment under PHDEP funds is limited to 60 days, and 
structured drug out-patient treatment, which includes individual/family 
aftercare, is limited to 6 months. The applicant must demonstrate how 
individuals that complete drug treatment will be provided employment

[[Page 28548]]

training, education and employment opportunities related to ``welfare 
to work,'' if applicable.
    (I) Funding is permitted for detoxification procedures designed to 
reduce or eliminate the short-term presence of toxic substances in the 
body tissues of a patient.
    (J) Funding is not permitted for maintenance drug programs. 
Maintenance drugs are medications that are prescribed regularly for a 
short/long period of supportive therapy (e.g. methadone maintenance), 
rather than for immediate control of a disorder.
    (K) All activities described in this section I.(c)(6) of the NOFA 
to reduce/eliminate the use of drugs and reduce/eliminate drug-related 
crime should demonstrate efforts to coordinate with Federal, Tribal, 
State and local employment training and development services, ``welfare 
to work'' efforts, or other new ``welfare reform'' efforts related to 
education, training and employment of housing authority residents 
receiving Federal, Tribal, State or local assistance, in public and 
Indian housing authorities/development(s).
    (L) Funding is Permitted to contractually hire organizations and/or 
consultant(s) to conduct independent assessments and evaluations of the 
effectiveness of the PHDEP program.
    (7) Resident management corporations (RMCs), resident councils 
(RCs), and resident organizations (ROs). Funding under this program is 
permitted for housing authorities RMCs and incorporated RCs and ROs to 
develop security and substance abuse prevention programs involving site 
residents. Such programs may include (but are not limited to) voluntary 
tenant patrol activities, substance abuse education, intervention, and 
referral programs, youth programs, and outreach efforts. For the 
purposes of this section I.(c)(7), the elimination of drug-related 
crime within housing authorities/developments requires the active 
involvement and commitment of public housing residents and their 
organizations. To enhance the ability of housing authorities to combat 
drug-related crime within their developments, Resident Councils (RCs), 
Resident Management Corporations (RMCs), and Resident Organizations 
(ROs) will be permitted to undertake program management functions 
specified in this part, notwithstanding the otherwise applicable 
requirements of 24 CFR parts 950 and 964. In order to implement the 
approved activity, the housing authority shall be the grantee and enter 
into a sub-contract with the RMC/RC/RO setting forth the amount of 
funds, applicable terms, conditions, financial controls, payment 
mechanism schedule, performance and financial report requirements, 
special conditions, including sanctions for violation of the agreement, 
and monitoring. Expenditures for activities under this section will not 
be incurred by the housing authority (grantee) and/or funds will not be 
released by the local HUD Field Office until the grantee has met all of 
the above requirements. Activities described in this section of the 
NOFA should demonstrate efforts to coordinate with Federal, Tribal, 
State and local employment training and development services, ``welfare 
to work'' efforts, or other new but related ``welfare reform'' efforts 
related to education, employment training and employment of housing 
authority residents receiving Federal, Tribal, State or local 
assistance.
    (8) FY 1997 PHDEP program performance measurements and outcomes in 
reducing and eliminating drug-related crime in housing authorities. HUD 
will evaluate an applicant's performance under previous PHDEP grant(s). 
The local HUD Field Office will evaluate the applicant's: financial 
controls; audit compliance; program performance; drawdown of funds; 
performance and financial reporting; grant agreement special condition 
compliance; accomplishment of stated goals and objectives in reducing 
and eliminating drug-related crime; and program adjustments made in 
response to previous ineffective and/or unsatisfactory grant 
performance. If the evaluation discloses a pattern under past PHDEP 
grants of ineffective or unsatisfactory grant performance with no 
corrective measures attempted, and with a lack of positive outcomes, it 
will result in a deduction of points from the FY 1997 PHDEP application 
under Selection Criterion 3, below. Since this is a competitive 
program, HUD does not guarantee continued funding of any previously 
funded PHDEP grant(s) or future PHDEP grants.
    (9) PHA-owned housing. Funding may be used for the activities 
described in Sections I.(c)(1) through (7) (eligible activities) of 
this NOFA, to eliminate drug-related crime in housing owned by public 
housing agencies that is not public housing assisted under the United 
States Housing Act of 1937 and is not otherwise federally assisted (for 
example, housing that receives tenant subsidies under Section 8 is 
federally assisted and would not qualify, but housing that receives 
only State, Tribal or local assistance would qualify), but only if they 
meet all of the following:
    (i) The housing is located in a high intensity drug trafficking 
area designated pursuant to section 1005 of the Anti-Drug Abuse Act of 
1988; and
    (ii) The PHA owning the housing demonstrates, on the basis of 
information submitted in accordance with the requirements of sections 
I.(d)(1), below, of this NOFA, that drug-related crime at the housing 
has a detrimental affect on or about the housing.
    The High Intensity Drug Trafficking Areas (HIDTAs) are areas 
identified as having the most critical drug trafficking problems that 
adversely impact the rest of the country. These areas are designated as 
HIDTAs by the Director, Office of National Drug Control Policy (ONDCP), 
pursuant to the Anti-Drug Abuse Act of 1988. As of April 1997 the 
following areas were confirmed by the ONDCP as designated HIDTAs:

--New York City HIDTA: consists of the city of New York and all the 
municipalities therein and Nassau, Suffolk, and Westchester Counties 
(in New york), and Union, Hudson, Essex, Bergen, and Passaic Counties 
and all municipalities therein (in New Jersey);
--Washington, DC--Baltimore, MD HIDTA: consists of Washington, DC; the 
city of Baltimore, and Baltimore, Howard, Anne Arundel, Prince 
George's, Montgomery and Charles Counties (in Maryland); and the city 
of Alexandria and Arlington, Fairfax, Prince William, and Loundoun 
Counties (in Virginia) and all municipalities therein;
--Miami HIDTA: consists of the city of Miami and the surrounding areas 
of Broward, Dade, and Monroe Counties and all municipalities therein;
--Houston HIDTA: consists of the city of Houston and surrounding areas 
of Harris, and Galveston Counties and all municipalities therein;
--Lake County HIDTA: consists of Lake County, Indiana, and all 
municipalities therein;
--Gulf Coast HIDTA: consist of Baldwin, Jefferson, Mobile, and 
Montgomery Counties (in Alabama); Caddo, East Baton Rouge, Jefferson, 
and Orleans Parishes (in Louisiana); and Hancock, Harrison, Hinds, and 
Jackson Counties (in Mississippi) and the municipalities therein;
--Midwest HIDTA: consists of Muscatine, Polk, Pottawattamie, Scott and 
Woodbury Counties (in Iowa); Cherokee, Crawford, Johnson, Labette, 
Leacenworth, Saline, Seward, and Wyandotte Counties (in Kansas); Cape 
Garardeau, Christian, Clay, Jackson, Lafayette, Lawrence, Ray, Scott, 
and St. Charles Counties, and the City of St. Louis, MO (in Missouri); 
Dakota,

[[Page 28549]]

Dawson, Douglas, Hall, Lancaster, Sarpy, and Scott's Bluff Counties (in 
Nebraska); Clay, Codington, Custer, Fall River, Lawrence, Lincoln, 
Meade, Minnehaha, Penninton, Union, and Yankton Counties (in South 
Dakota); and all municipalities therein;
--Rocky Mountains HIDTA: consists of Adams, Arapahoe, Denver, Douglas, 
Eagle, El Pasco, Garfield, Jefferson, La Plate, and Mesa Counties (in 
Colorado); Davis, Salt Lake, Summit, Utah, and Weber Counties (in 
Utah); Laramie, Natrona, and Sweetwater Counties (in Wyoming) and all 
municipalities therein;
--Southwest Border HIDTA: consists of San Diego and Imperial Counties 
(in California), and all municipalities therein; Yuma, Maricopa, Pinal, 
Pima, Santa Cruz, and Cochise Counties, (in Arizona) and all 
municipalities therein; Bernalillo, Hidalgo, Grant, Luna, Dona Ana, 
Eddy, Lea, and Otero Counties, (in New Mexico) and all municipalities 
therein; El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, 
Pecos, Terrell, Crockett Counties (in West Texas) and all 
municipalities therein; exar, Val Verde, Kinney, Maverick, Zavala, 
Dimmit, La Salle, Webb, Zapata, Jim Hogg, Starr, Hildago, Willacy and 
Cameron Countries (in South Texas) and all municipalities therein;
--Northwest HIDTA: consists of King, Pierce, Skagit, Snohomish, 
Thurston, Whatcom and Yakima Counties (in the State of Washington) and 
all municipalities therein;
--Los Angeles HIDTA: consists of the city of Los Angeles and 
surrounding areas of Los Angeles, Orange, Riverside, and San Bernadino 
Counties, and all municipalities therein; and
--Puerto Rico/U.S. Virgin Islands HIDTA: consists of the U.S. 
territories of Puerto Rico and the Virgin Islands.

    For further information on HIDTAs contact Rich Yamamoto, at the 
ONDCP, Executive Office of the President, Washington, DC 20500 on (202) 
395-6755, and/or La'Wan A. Sweetenberg on (202) 395-6603, fax (202) 
395-6721.
    (10) Ineligible Activities. PHDEP funding is not permitted for any 
of the activities listed below, unless otherwise specified in this 
NOFA.
    (i) Funding is not permitted under this NOFA for costs incurred 
before the effective date of the grant agreement (Form HUD-1044), 
including, but not limited to, consultant fees related to the 
development of an application or the actual writing of the application.
    (ii) Funding is not permitted under this NOFA for the purchase of 
controlled substances for any purpose. Controlled substance shall have 
the meaning provided in section 102 of the Controlled Substance Act (21 
U.S.C. 802).
    (iii) Funding is not permitted under this NOFA for compensating 
informants, including confidential informants. These should be part of 
the baseline services provided and budgeted by local law enforcement 
agencies.
    (iv) Funding is not permitted under this NOFA for the direct 
purchase or lease of any law or military enforcement clothing or 
equipment, such as vehicles, including cars, vans, buses, uniforms, 
ammunition, firearms/weapons, protective vests, and any other 
supportive equipment. Exceptions are set forth in sections 
I.(c)(1)(iii)(G) and I.(c)(4)(vi) (public housing police departments, 
and investigator activities) of this NOFA. In addition, funds may be 
used to contract for the equipment and employment of a HA-dedicated 
police division under section I.(c)(2) of this NOFA.
    (v) Funding is not permitted under this NOFA for any wages or 
salaries for voluntary tenant patrol participants. Housing authorities 
are permitted to fund housing authority/resident coordinator(s) to be 
hired for this activity. Staffing must be reasonable, necessary and 
justified. Excessive staffing is not permitted.
    (vi) Funding is not permitted under this NOFA for the costs of 
constructing any facility space in a building or unit, although funding 
is permitted for the costs of retrofitting/modifying existing building 
space owned by the housing authorities for eligible activities/programs 
such as: community policing mini-station operations, adult/youth 
education, and employment training facilities. The goal of this funding 
is to reduce/eliminate drug-related crime and form partnerships with 
Federal, Tribal, State and local government resources. Program costs 
are permitted if shared among other HUD programs. The applicant must 
demonstrate the use of program compliance, accountability, financial 
and audit controls of PHDEP funds and controls to prevent duplicate 
funding of any activity. Housing authorities shall not co-mingle funds 
of multiple programs such as CIAP, CGP, OTAR, TOP, ED/SS, Family 
Investment Center, Elderly Service Coordinators, and Operating Subsidy. 
House trailers of any type that are not designated as a building are 
eligible items for purchase or lease for specific community policing, 
educational, employment, and youth activities.
    (vii) Funding is not permitted under this NOFA for organized fund 
raising, advertising, financial campaigns, endowment drives, 
solicitation of gifts and bequests, rallies, marches, community 
celebrations and similar expenses.
    (viii) Funding is not permitted under this NOFA for the costs of 
entertainment, amusements, or social activities and for the expenses of 
items such as meals, beverages, lodgings, rentals, transportation, and 
gratuities related to these ineligible activities. However, under 
section I.(c)(6) of this NOFA, funding is permitted for reasonable, 
necessary and justified program costs, as defined in OMB Circular A-87, 
such as meals, beverages and transportation, incurred only for 
prevention programs, employment training, education and youth 
activities directly related to reducing/eliminating drug-related crime.
    (x) Funding is not permitted under this NOFA for the costs (such 
as, court costs, attorneys fees) related to screening or evicting 
residents for drug-related crime. However, housing authority 
investigators funded under this program may participate in judicial and 
administrative proceedings as provided in Section I.(c)(4), Employment 
of Investigator(s), of this NOFA.
    (xi) Although participation in activities with Federal drug 
interdiction or drug enforcement agencies is encouraged, the transfer 
of PHDEP grant funds to any Federal agency is not permitted under this 
NOFA.
    (xii) Funding is not permitted under this NOFA for establishing 
councils, resident associations, resident organizations, and resident 
corporations since HUD funds these activities under a separate NOFA. 
(xiii) Indirect costs as defined in OMB Circular A-87 are not permitted 
under this program. Only direct costs are permitted.
    (xiv) PHDEP grant funds shall not be used to supplant existing 
positions/activities. For purposes of the PHDEP program supplanting is 
defined as ``taking the place of or to supersede''.
    (xv) The PHDEP is targeted by statute at controlled substances as 
defined at section 102 of the Controlled Substances Act (21 U.S.C. 
802). Since alcohol is a legal substance, alcohol exclusive activities 
and programs are not eligible for funding under this NOFA. When an 
individual's condition meets medical criteria for more than one 
substance abuse disorder, multiple diagnoses will generally be made, 
which may include alcohol.
    (d) Selection Criteria. HUD will review each application that it 
determines meets the requirements of this NOFA and evaluate it by 
assigning

[[Page 28550]]

points in accordance with the selection criteria. An application for 
funding under this program may be for one or more eligible activities.
    An applicant shall submit only one application under each NOFA. 
Joint applications are not permitted under this program with the 
following exception: Housing authorities under a single administration 
(such as housing authorities managing another housing authority under 
contract or housing authorities sharing a common executive director) 
shall submit a single application, even though each housing authority 
has its own operating budget.
    The number of points that an application receives will depend on 
the extent to which the application is responsive to the information 
requested in the selection criteria. An application must receive a 
score of at least 70 points out of the maximum of 100 points that may 
be awarded under this competition to be eligible for funding.
    The scoring of applications under the first two criteria will be 
done by a panel at the national PHDEP application processing site. 
Scoring under Selection Criterion 3 will be done by the Field Offices 
that receive the applications, and scoring under Selection Criterion 4 
will be done by the Secretary's Representative for the area of the 
country from which an application originates. After applications have 
been scored, Headquarters will rank the applications on a national 
basis. Awards will be made in ranked order until all funds are 
expended. HUD will select the highest ranking applications that can be 
fully funded. Applications with tie scores will be selected in 
accordance with the procedures in Section I.(e) (Ranking Factors). The 
terms ``housing'' and ``development(s)'' as used in the application 
selection criteria and submission requirements may include, as 
appropriate, housing described in Section I.(c)(9) (PHA-Owned Housing), 
above, of this NOFA. Each application submitted for a grant under this 
NOFA will be evaluated on the basis of the following selection 
criteria:
    (1) First criterion: the extent of the drug-related crime 
associated with drug-related crime problems in the applicant's 
development or developments proposed for assistance. (Maximum Points: 
35) To permit HUD to make an evaluation on the basis of this criterion, 
an application must include a description of the extent and nature of 
drug-related crime, ``in or around'' the housing authority/
development(s) proposed for funding. The description must provide the 
following information:
    (i) Objective crime data. The best available objective data on the 
nature, source, and frequency of drug-related crime ``in and around'' 
the housing authority and development(s) proposed for activity in this 
grant. Such data should consist of verifiable records, and not 
anecdotal reports. The requirements related to such data may include 
(but not necessarily be limited to), as appropriate:
    (A) The nature and frequency of drug-related crime ``in or around'' 
housing authorities/development(s) as reflected by crime statistics and 
other supporting data from Federal, State, Tribal, or local law 
enforcement agencies.
    (B) Housing authority, police, or other verifiable information from 
records on the types and sources of drug-related crime in the housing 
authority's development(s) proposed for assistance.
    (C) Verifiable, descriptive data as to the types of offenders 
committing drug-related crime associated with drug-related local 
problems in the applicant's housing authority and development(s) (e.g., 
age, residence).
    (D) The number of lease terminations or evictions for drug-related 
crime at the housing authority and development(s).
    (E) The number of local emergency room admissions for drug use or 
that result from drug-related crime. Such information may be obtained 
from police departments and/or fire departments, emergency medical 
services agencies and hospitals.
    (F) The number of police calls for service from housing authorities 
development(s) that include resident initiated calls, officer-initiated 
calls, domestic violence calls, drug distribution complaints, found 
drug paraphernalia, gang activity, graffiti that reflects drugs or 
gang-related activity, vandalism, drug arrests, and abandoned vehicles.
    (G) The number of residents placed in treatment and structured 
aftercare, the number of residents that successfully completed 
treatment, and number of residents that successfully completed long 
range after-care treatment for substance abuse/dependency.
    (H) Where appropriate, the statistics should be reported both in 
real numbers and as an annual percentage of the residents in each 
development (e.g., 20 arrests in a two-year period for distribution of 
heroin in a development with 100 residents reflects a 20% occurrence 
rate). The data should cover the most recent two-year period. If the 
data from the most recent two-year period is not used, an explanation 
should be provided. To the extent feasible, the data provided should be 
compared with data from the prior two year period to show whether the 
current data reflects a percentage increase or decrease in drug-related 
crime during that prior period of time within housing authorities.
    (I) A reduction in drug-related crime in the housing authorities 
and development(s) where previous PHDEP grants have been in effect will 
not be considered a disadvantage to the applicant.
    (J) If funding is being sought for housing owned by public housing 
agencies that is not public housing assisted under the United States 
Housing Act of 1937 and is not otherwise Federally assisted, the 
application should demonstrate that the housing is located in a high 
intensity drug trafficking area designated pursuant to section 1005 of 
the Anti-Drug Abuse Act of 1988, and the application must demonstrate 
that drug-related crime at the housing has a detrimental affect in or 
around the real property comprising the public or other federally 
assisted low-income housing. For the purposes of this NOFA in or around 
means: within, or adjacent to, the physical boundaries of a housing 
development. (Maximum Points: 25)
    (ii) Other supporting data on the extent of drug-related crime. To 
the extent that objective data as described above may not be available, 
or to complement that data, the assessment may use data from other 
verifiable sources that have a direct bearing on drug-related crime in 
the developments proposed for assistance under this program. However, 
if other relevant information is to be used in place of, rather than to 
complement, objective data, the application must indicate the reasons 
why objective data could not be obtained and what efforts were made to 
obtain it and what efforts will be made during the grant period to 
begin obtaining the data. Examples of these data include (but are not 
necessarily limited to):
    (A) Surveys of residents and staff in the housing authority and 
targeted developments surveyed on drug-related crime or on-site reviews 
to determine drug/crime activity; and government or scholarly studies 
or other research in the past year that analyze drug-related crime 
activity in the targeted developments.
    (B) Vandalism cost at the housing authority and targeted 
developments, to include elevator vandalism (where appropriate) and 
other vandalism attributable to drug-related crime.
    (C) Information from schools, health service providers, residents 
and Federal, State, local, and Tribal officials, and the verifiable 
opinions and observations of

[[Page 28551]]

individuals having direct knowledge of drug-related crime and the 
nature and frequency of these problems in the developments proposed for 
assistance. (These individuals may include Federal, State, Tribal, and 
local government law enforcement officials, resident or community 
leaders, school officials, community medical officials, substance 
abuse, treatment (dependency/remission) or counseling professionals, or 
other social service providers.)
    (D) The school dropout rate and level of absenteeism for youth that 
the applicant can relate to drug-related crime. If crime or other 
statistics are not available at the development or precinct level the 
applicant may use other verifiable, reliable and objective data.
    (iii) In awarding points, HUD will evaluate the extent to which the 
applicant has provided the above data that reflects drug-related crime 
in the developments targeted for activity, both in terms of the 
frequency and nature of the drug-related crime in the housing 
authority's development(s) proposed for funding as reflected by 
information submitted under paragraphs (1)(i)(ii) and (iii) of this 
section; and the extent to which such data reflects an increase in 
drug-related crime over a period of two year(s) in the housing 
authority and development(s) proposed for assistance. (Maximum points: 
5)
    (iv) In awarding points, HUD will evaluate the extent to which the 
applicant has analyzed the data compiled under paragraphs (1)(i)(ii) 
and (iii) of this section, and has articulated its needs, analyzed the 
data, performance measurements/outcomes, and strategies for reducing 
drug-related crime in the housing authority and development(s) proposed 
for assistance. (Maximum points: 5)
    (2) Second criterion: the quality of the plan to address the crime 
problem in the public or Indian housing developments proposed for 
assistance, including the extent to which the plan includes initiatives 
that can be sustained over a period of several years. (Maximum points: 
35) In assessing this criterion, HUD will consider the following 
factors:
    (i) To permit HUD to make an evaluation on the basis of this 
criterion, an application must include the applicant's plan for 
addressing drug-related crime. The narrative must demonstrate the 
relationship between the extent of the crime detailed in Selection 
Criterion 1, section I.(d)(1) of this NOFA, and the potential crime 
reduction and elimination of specific drug-related crime described in 
the implementation of the plan. The narrative must include a 
description of the applicant's activities for addressing (solutions and 
prevention) and the strategy to reduce the specific drug-related crime 
in each of the developments proposed for assistance under this part. 
The activities eligible for funding under this program are listed in 
Section I.(c) of this NOFA, above. The applicant's plan must include 
all of the activities that will be undertaken to address the problem, 
whether or not they are funded under this program. If the same 
activities are proposed for all of the developments that will be 
covered by the plan, the activities do not need to be described 
separately for each development. Where different activities are 
proposed for different developments, these activities and the 
developments where they will take place must be separately described 
and the narrative must demonstrate the relationship between the extent 
of the crime detailed in Selection Criterion 1, section I.(d)(1) of 
this NOFA, and the potential crime reduction and elimination of 
specific drug-related crime described in the implementation of the 
plan.
    The description of the plan in the application must include (but 
not necessarily be limited to) the following information:
    (A) A detailed narrative describing each activity proposed for 
PHDEP funding in the applicant's plan, any additional relevant 
activities being undertaken by the applicant (e.g., law enforcement 
services, prevention, treatment, aftercare programs for residents 
provided by an agency other than HUD, and modifications to community 
facilities), and how the narrative demonstrates the relationship 
between the extent of the crime detailed in Selection Criterion 1, 
section I.(d)(1) of this NOFA, and the potential crime reduction and 
elimination of drug-related crime described in the implementation of 
the plan, and how all of these activities interrelate. The applicant 
should specifically address how the activities form a comprehensive 
strategy relating to drug-related crime. The strategy should include 
(as applicable) management practices such as ``One Strike and You're 
Out'' policy [Refer to Notice PIH 96-16 (HA) Subject: ``One Strike and 
You're Out'' Screening and Eviction Guidelines for Public Housing 
Authorities published April 12, 1996] that improves resident screening 
and eviction policies and procedures, local law enforcement techniques 
(such as community policing), and a combination of substance/drug abuse 
prevention, intervention, referral, and treatment (dependency) and 
aftercare programs. As applicable, the narrative should demonstrate how 
the proposed activities will be coordinated with Federal, Tribal, 
local, and State Empowerment or Enterprise Zones, ``welfare to work'' 
or other welfare reform measures related to specific drug-related crime 
prevention through employment training, education, and employment 
opportunities for housing authority residents. In addition, the 
applicant should demonstrate how its proposed activities will 
complement, and be coordinated with, current activities.
    (B) The narrative must demonstrate how the applicant will provide 
qualified staff/contractors to manage the proposed PHDEP activities. 
The applicant must include the portion of the staff's time that will be 
spent administering this grant, and the skills which qualify him/her 
for administering the types of proposed activities (management, law 
enforcement, security personnel, programs to reduce/eliminate drugs 
such as: intervention, prevention, treatment). The applicant must 
include a reasonable staffing plan and position descriptions which 
relate to the proposed activities, and must justify the need for the 
proposed staff.
    (C) If grant amounts are to be used for contracting for/or 
employment of security guard personnel services in housing authorities/
development(s), the application must describe how the requirements of 
section I.(c)(1)(i) (Employment of Security Personnel) of this NOFA 
will be met.
    (D) If grant amounts are to be used for housing authority police 
department equipment and personnel, the application must describe how 
the requirements of Section I.(c)(1)(ii) (Housing Authority Police 
Departments) of this NOFA will be met.
    (E) If grant amounts are to be used for a dedicated district/
precinct/zone municipal public housing division and/or bureau, the 
application must describe how the requirements of Section I.(c)(1)(iii) 
(dedicated district/precinct/zone municipal public housing division 
and/or bureau) of this NOFA will be met.
    (F) If grant amounts are to be used for reimbursement of local 
municipal law enforcement agencies for additional security and 
protective services, the application must describe how the requirements 
of Section I.(c)(2) (Reimbursement of Local Law Enforcement Agencies) 
of this NOFA will be met.
    (G) If grant amounts are to be used for physical improvements in 
housing authority/development(s) proposed for funding under Section 
I.(c)(3) (Physical Improvements) of this NOFA, the application must 
describe how these

[[Page 28552]]

improvements will be coordinated with the applicant's modernization 
program, if any, under 24 CFR part 950, subpart I, or 24 CFR part 968.
    (H) If grant amounts are to be used for employment of 
investigators, the application must describe how the requirements of 
Section I.(c)(4) (Employment of Investigators) of the NOFA will be met.
    (I) If grant amounts are to be used for voluntary tenant patrols, 
the application must describe how the requirements of Section I.(c)(5) 
(Voluntary Tenant Patrol) of this NOFA will be met.
    (J) If grant amounts are to be used for a ``Program to reduce/
eliminate criminal activity/drug use, etc.'' i.e.; prevention, 
intervention or treatment, structured aftercare programs, to eliminate 
crime/drug use ``in or around'' the premises of the housing authority/
development(s) as provided in I.(c)(6) of this NOFA, the application 
should demonstrate the nature of the program, how the program 
represents a prevention or intervention, treatment and aftercare 
strategy, and how the housing authority's strategy will achieve and 
demonstrate the relationship between the extent of the crime detailed 
in Selection Criterion 1, section I.(d)(1) of this NOFA, and the 
potential crime reduction and elimination of specific drug-related 
crime described in the implementation of the plan. The application must 
include a description of how funding decisions were reached 
(specifically how costs were determined for each element of each 
activity in the same format as shown in the application kit) and 
financial and other resources (including funding under this program, 
and from other resources) that may reasonably be expected to be 
available to carry out each activity.
    (K) Implementation timetable and performance measurements/outcomes 
that includes tasks, personnel assignments, deadlines, budget cost/
analysis, performance measurements and outcomes, that demonstrate the 
relationship between the extent of the crime detailed in Selection 
Criterion 1, section I.(d)(1) of this NOFA, and the comprehensive crime 
reduction/elimination of specific drug-related crime described in the 
implementation of the plan, and a PHDEP manager responsible for 
implementing (achieving identified milestones, measurements, outcomes) 
each activity in the plan. The applicant shall demonstrate in its 
application hiring of qualified personnel to manage its activities 
(full-time, part time, and/or housing authority staff), including a 
PHDEP manager.
    (L) The resources that the applicant may reasonably expect to be 
available at the end of the grant term to continue the plan, and how 
they will be allocated to plan activities that can be sustained over a 
period of years.
    (M) A discussion of how the applicant's plan will serve to provide 
training and employment or business opportunities for lower income 
persons and businesses located in, or substantially owned by persons 
residing within the area of the section 3 covered project (as defined 
in 24 CFR part 135) in accordance with 24 CFR 761.40 and 24 CFR part 5, 
subpart A, and how this plan will be coordinated with Federal, Tribal 
or State ``welfare to work'' or other employment training and 
employment creation efforts. Housing authorities are encouraged to hire 
qualified residents to fill PHDEP positions.
    (N) Program Evaluation. The plan must specifically demonstrate how 
the activities funded under this program will be evaluated by the 
applicant, so that the program's progress can be measured and provide 
satisfactory outcomes. Performance measurements and outcomes must be 
developed to demonstrate the relationship between the extent of the 
crime detailed in Selection Criterion 1, Section I.(d)(1) of this NOFA, 
and the potential crime reduction/elimination described in the 
implementation of the plan. The evaluation shall also be used to modify 
activities to make them more successful or to identify unsuccessful 
strategies. The evaluation must identify the types of information the 
applicant will use to measure the plan's success (e.g. tracking changes 
in identified crime statistics); and indicate each crime or drug 
indicator to be measured, the activities targeted to reducing that 
indicator, and the method the applicant will use to gather and analyze 
this information. Funding is permitted to hire an outside consultant to 
conduct an independent assessment/evaluation of the effectiveness of 
the PHDEP program and its goals/outcomes.
    (ii) In assessing this criterion, HUD will consider the quality and 
thoroughness of an applicant's plan in terms of the information 
requested in Section I.(d)(2)(i), ``Quality of the plan,'' of this 
NOFA, including the extent to which:
    (A) The applicant's plan specifically describes the activities that 
are being proposed by the applicant, including those activities to be 
funded under this program and those to be funded or provided from other 
sources; describes the status and effectiveness of the applicant's 
current working relationship with local law enforcement agencies, as 
well as other law enforcement agencies, including the extent of its 
participation in any special Federal, State or local law enforcement 
programs aimed at reducing and preventing crime in and around its 
housing developments (e.g., Operation Safe Home, Weed and Seed, etc.); 
demonstrates how such working relationships will be sustained during 
and after the period of PHDEP funding and will further the objectives 
of the PHDEP program; describes the potential crime reduction/
elimination of specific drug-related crime detailed in Selection 
Criterion 1, section I.(d)(1) of this NOFA; describes the activities 
that are successful initiatives such as: improved screening, leasing 
and eviction, community building, and the training, education and 
employment of residents, and indicates how these proposed activities 
provide for a comprehensive approach to reduce/eliminate drug-related 
crime (as described under Selection Criterion 1, section I.(d)(1) 
above) in the housing authority/development(s) proposed for funding. 
(Maximum Points: 12)
    (B) The applicant's plan provides a detailed budget narrative that 
is realistic in terms of time, personnel and other resources. The 
extent to which plan has supporting documentation (specifically how 
costs were determined for each element of each activity in the same 
format as shown in the application kit) for each activity and describes 
the financial and other resources (under this program and other 
sources) that may reasonably be expected to be available to carry out 
each activity. (Maximum Points: 3)
    (C) The plan describes how other entities (e.g., Federal, Tribal, 
and State governments and community organizations) are involved in 
planning and carrying out the applicant's plan. (Maximum Points: 2)
    (D) The plan includes activities, to include resident training and 
employment training and employment opportunities, that can be sustained 
over a period of years and identifies resources that the applicant may 
reasonably expect to be available for the continuation of the 
activities at the end of the grant term. (Maximum Points: 2)
    (E) The applicant's plan will serve to provide training and 
employment or business opportunities for lower income persons and 
businesses located in, or substantially owned by persons residing 
within the area of the section 3 covered project (as defined in 24 CFR 
part 135) in accordance with 24 CFR 761.40 and 24 CFR part 5, subpart 
A, and will be coordinated with other Federal, Tribal, State or other 
efforts to provide education, training, employment training and 
employment opportunities

[[Page 28553]]

for ``welfare to work'' or related strategies. (Maximum Points: 3)
    (F) The applicant's plan contains a description of its process to 
collect, maintain, analyze and report specific data related to the 
drug-related crime problems and workload. Specifically this will 
include Part I and II crimes, as defined by the Uniform Crime Reporting 
(UCR) system; as well as other police workload data to include, but not 
limited to, all calls for service at the housing authority and 
development(s) proposed for funding; the process used to analyze the 
data according to individual development, patterns over a period of 
time, by type of crime, etc., and plans to improve the collection and 
reporting of the data. (Maximum Points: 3)
    (G) The applicant's plan includes an evaluation plan with a 
specific process that measures performance and demonstrates outcomes 
relative to crime workload and the extent of the crime detailed in 
Selection Criterion 1, section I.(d)(1) of this NOFA, in the housing 
authority/development(s) proposed for funding. (Maximum Points: 10)
    (3) Third Criterion: the Capability of the Applicant to Carry out 
the Plan. (Maximum Points: 15) In assessing this criterion, HUD will 
consider the following factors:
    (i) The extent of the applicant's successful and effective 
administrative capability to manage its housing authority, as measured 
by its performance with respect to operative HUD requirements under the 
ACC or ACA and the Public Housing Management Assessment Program at 24 
CFR part 901. In evaluating administrative capability under this 
factor, HUD will also consider, and the application must include in the 
form of a narrative discussion, the following information:
    (A) Whether there are any unresolved findings from prior HUD 
reports (e.g. performance or finance), reviews or audits undertaken by 
HUD, the Office of the Inspector General, the General Accounting 
Office, or independent public accountants;
    (B) Whether the applicant is operating under court order.
    (C) If the applicant is designated a ``troubled agency'' HUD will 
not consider this status against the applicant provided the applicant 
substantiates capability with the assignment of housing authority staff 
employee(s) (Full-time/part-time), and a PHDEP manager, or 
contractually hires a PHDEP manager.
    (D) Whether the applicant has adopted and implemented policies, 
procedures and practices and can document that it: Tracks drug-related 
crime, screens applicants, and enforces lease requirements, for the 
purpose of ensuring the health, safety/security, and the right to 
peaceful enjoyment of the premises by residents and housing authority 
personnel. (Maximum Points Under Paragraph (3)(I) (A) Through (D) of 
this Section: 4)
    (ii) The application must demonstrate, as authorized by applicable 
Federal, Tribal, State and local law enforcement, the extent to which 
the applicant has formed a collaboration with the Federal, Tribal, 
State, and law enforcement officials and courts to gain access 
regarding the criminal conviction records of applicants for, or tenants 
of, housing authorities regarding applicant screening, lease 
enforcement, and eviction. The application demonstrates the extent to 
which the applicant has implemented effective screening procedures to 
determine an individual's suitability for public housing (consistent 
with the requirements of 42 U.S.C. 3604(f), 24 CFR 100.202, 29 U.S.C. 
794 and 24 CFR 8.4 which deal with individuals with disabilities); 
implemented a plan to reduce vacancies; implemented eviction and lease 
enforcement procedures in accordance with 24 CFR part 966, subpart B, 
25 CFR 950.340 and Section 503 of NAHA; or undertaken other innovative 
management actions to reduce/eliminate drug-related crime in its 
developments. The application demonstrates that the housing authority 
has established and implemented effective systems for tracking crime 
and reporting incidents of crime to local law enforcement agencies, and 
is effectively cooperating with such agencies to reduce and prevent 
crime in and around its housing developments. (Maximum Points: 2)
    (iii) The application must identify the applicant's participation 
in HUD grant programs (such as CGP, CIAP, child care, resident 
management, PHDEP, HOPE VI, Tenant Opportunities Program (TOP), Family 
Investment Centers (FIC) grants, OTAR, ED/SS) within the preceding 
three years, and discuss the degree of the applicant's success in 
implementing and managing (program implementation, timely drawdown of 
funds, timely submission of required reports with satisfactory outcomes 
related to the plan and timetable, audit compliance and other HUD 
reviews) these grant programs. (Maximum Points: 4)
    (iv) The local HUD field office/AONAPS shall evaluate the extent of 
the applicant's success or failure in implementing and managing an 
effective program under previous PHDEP grants and/or other grants 
(preceding three years). This evaluation will be based upon (but not 
limited to) the relationship between the extent of the crime detailed 
in Selection Criterion 1, section I.(d)(1) of grants during the 
preceding years, and outcomes regarding reducing/eliminating drug-
related crime described in the implementation of the plans and 
timetables, a review of how timely the grantee has drawn down PHDEP 
funds from HUD's Line of Credit Control System (LOCCS) reports compared 
to the timetable of proposed activities, achievements of proposed 
strategy regarding crime reduction goals outlined in previous PHDEP 
and/or other HUD program performance and financial reports, audits, 
performance outcome measurements as related to reductions in drug and 
crime activities at previously targeted developments, and HUD reviews. 
(Maximum Points: 5 Points)
    (4) Fourth criterion: the extent to which tenants, the local 
Government and the local community support and participate in the 
design and implementation of the activities proposed to be funded under 
the application. (Maximum Points: 15) In assessing this criterion, HUD 
will consider the following factors:
    (i) To permit HUD to make an evaluation based on this criterion, an 
application must describe what role residents in the targeted 
developments, applicable community leaders and organizations, and law 
enforcement agencies have had in planning the activities described in 
the application and what role they will have in carrying out such 
activities.
    (ii) The application must include a discussion of the extent to 
which community representatives and Tribal, local, State and Federal 
government officials, including law enforcement agency officials were 
actively involved in the design and implementation of the applicant's 
plan, and will continue to be involved in implementing such activities 
during and after the period of PHDEP funding. This must be evidenced by 
descriptions of planning meetings held with community representatives 
and local government and law enforcement agency officials; letters of 
commitment to provide funding, staff, or in-kind resources, partnership 
agreements; and ongoing or planned cooperative efforts with law 
enforcement agencies designed to complement and further the objectives 
of PHDEP. This also includes interagency activities already undertaken, 
participation in local, State, Tribal or Federal anti-drug related 
crime

[[Page 28554]]

efforts, such as: education, training and employment provision 
components of Welfare Reform efforts, Operation Weed and Seed, 
Operation Safe Home, local law enforcement initiatives and/or 
successful coordination of its law enforcement or other activities with 
local, State, Tribal or Federal law enforcement agencies. In evaluating 
this factor HUD will also consider the extent to which these 
initiatives are used to leverage resources for the housing authority 
community, and are part of the comprehensive plan and performance 
measures outlined in Selection Criteria Two. (Maximum Points: 5)
    (iii) The application must demonstrate the extent to which the 
relevant governmental jurisdiction has met its local law enforcement 
obligations under the Cooperation Agreement with the applicant (as 
required by the grantee's Annual Contributions Contract with HUD). The 
application must also include a certification by the Chief Executive 
Officer (CEO) of a State or a unit of general local government in which 
the developments proposed for assistance are located that the city is 
meeting its obligations under the Cooperation Agreement with the 
housing authority, particularly with regard to the current level of 
baseline local law enforcement services including a cost analysis, 
deployment of personnel, and provision and analysis of crime data and 
trends for the targeted developments. If the jurisdiction is not 
meeting its obligations under the cooperation agreement, the CEO should 
identify any special circumstances relating to its failure to do so. 
Whether or not a locality is meeting its obligations under the 
Cooperation Agreement with the applicant, the applicant must describe 
the current level of baseline local law enforcement services being 
provided to the housing authority/development(s) proposed for 
assistance. (Maximum Points: 4)
    (iv) The extent to which housing authority/development residents, 
and/or an RMC, RC or RO, where they exist, are involved in the planning 
and development and the implementation of the grant application and 
plan strategy, and support and participate in the design and 
implementation of the activities proposed to be funded under the 
application. The application must include a description of how the 
residents were involved, a resolution of support from any duly elected 
resident council or RMC, a summary of resident and resident 
organization meetings, with supporting documentation that addresses 
(but is not limited to) subject matter, names of residents on 
committees, copies of resident surveys and evaluations, as required by 
24 CFR 761.25, and the applicant's response to and action on these 
comments and suggestions. If there are no resident or resident 
organization comments, the applicant must provide an explanation of the 
steps taken to encourage resident participation, even though they were 
not successful. (Maximum Points: 3)
    (v) The extent to which the applicant is already undertaking, or 
has undertaken, participation in local, State, Tribal or Federal anti-
drug related crime efforts, such as educational, training and 
employment components of Welfare Reform efforts, Operation Weed and 
Seed, Operation Safe Home, and/or has successfully coordinated its 
local law enforcement or other activities with local, State, Tribal or 
Federal law enforcement agencies. In evaluating this factor HUD will 
also consider the extent to which these initiatives are used to 
leverage resources for the housing authority community, and are part of 
the comprehensive plan and performance measures outlined in Selection 
Criteria 2. (Maximum Points: 3)
    (e) Ranking factors.
    (1) Each application for a grant award that is submitted in a 
timely manner to the HUD Field Office with delegated public housing 
responsibilities or, in the case of IHAs, to the appropriate AONAPs, 
that otherwise meets the requirements of this NOFA, will be evaluated 
in accordance with the selection criteria specified above.
    (2) An application must receive a score of at least 70 points out 
of the maximum of 100 points that may be awarded under this competition 
to be eligible for funding.
    (3) After applications have been scored, Headquarters will rank the 
applications on a national basis.
    (4) In the event that two eligible applications receive the same 
score, and both cannot be funded because of insufficient funds, the 
application with the highest score in Selection Criterion 3 ``The 
capability of the applicant to carry out the plan'' will be selected. 
If Selection Criterion 3 is scored identically for both applications, 
the scores in Selection Criteria 1, 2, and 4 will be compared in this 
order, one at a time, until one application scores higher in one of the 
factors and is selected. If the applications score identically in all 
factors, the application that requests less funding will be selected to 
promote the more efficient use of resources.
    (5) All awards will be made to fund fully an application, except as 
provided in Section I.(b)(4) of this NOFA (Reduction of Requested Grant 
Amounts and Special Conditions).
    (f) General PHDEP Grant Administration/Management.
    (1) Each grantee is responsible for ensuring that grant funds are 
administered in accordance with the requirements of 24 CFR part 761, 
any specific Notices of Funding Availability (NOFAs) issued for these 
programs, 24 CFR part 85 (as applicable), applicable laws and 
regulations, applicable OMB circular, HUD fiscal and audit controls, 
grant agreements, grant special conditions, the grantee's approved 
budget (SF-424A)/budget revisions, and supporting budget narrative, 
plan, and activity timetable.
    (2) Applicability of OMB Circular and HUD fiscal and audit 
controls. The policies, guidelines, and requirements of this NOFA, 24 
CFR part 761, 24 CFR part 85, 24 CFR part 84, and OMB Circular A-87 
apply to the acceptance and use of assistance by grantees under this 
program; and OMB Circular Nos. A-110 and A-122 apply to the acceptance 
and use of assistance by private nonprofit organizations (including 
RMCs, RCs and ROs). In addition, grantees and sub-grantees must comply 
with fiscal and audit controls and reporting requirements prescribed by 
HUD, including the system and audit requirements under the Single Audit 
Act, OMB Circular No. A-128 and HUD's implementing regulations at 24 
CFR part 44; and OMB Circular No. A-133. The provisions of 24 CFR 24 
apply regarding ineligible contractors relating to employment, 
engagement of services, awarding of subcontracts during any period of 
debarment, suspension, or placement in ineligibility status.
    (3) Cost Principles. Specific guidance in this NOFA, 24 CFR part 
761, 24 CFR part 85, 24 CFR part 84, OMB Circular A-87, other 
applicable OMB cost principles, HUD program regulations, Notices, HUD 
Handbooks, and the terms of the grant agreement (Form HUD-1044 that 
includes special conditions and subgrant agreements) will be followed 
in determining the reasonableness and allocability of costs. All costs 
must be reasonable, necessary and justified with cost analysis. PHDEP 
Funds must be disbursed by the grantee within seven calendar days after 
receipt of drawdown. Grant funds must be used only for PHDEP purposes. 
Direct costs are those that can be identified specifically with a 
particular activity or function in this NOFA and cost objectives in OMB 
Circular A-87. Indirect cost are not permitted in this program. 
Administrative requirements

[[Page 28555]]

for the PHDEP grants will be in accordance with 24 CFR part 85. 
Acquisition of property or services shall be in accordance with 24 CFR 
85.36. All equipment acquisitions will remain the property of the 
grantee in accordance with 24 CFR 85.32. NONAPs procurement standards 
are in 24 CFR part 950. Housing authorities shall not co-mingle funds 
of multiple HUD programs such as: CIAP, CGP, OTAR, Operating subsidy, 
PHDEP.
    (4) FY 1997 PHDEP Grant Staff Personnel. Compensation for personnel 
hired for grant activities, including supervisory personnel, such as a 
grant program managers, public housing police department accreditation 
specialist (under section I.(c)(1)(iii)(F) of this NOFA), youth sports 
coordinators, voluntary tenant patrol program coordinators, and support 
staff such as counselors, security coordinators, public housing police 
department CALEA coordinators, and clerical staff, is permitted and may 
include wages, salaries, and fringe benefits. Housing authorities 
awarded PHDEP funds are required and must demonstrate in their 
applications plans to employ a PHDEP program manager (Full-time, part-
time, contractual). These positions must be described in the 
applicants' plans. Appropriate PHDEP administrative costs include, but 
are not limited to: Purchase of computer(s) (hardware/software), 
printers, office supplies, furniture, HA staff training, and other 
supportive administrative services. Administrative costs do not include 
grant management personnel. The grantee must justify the need for the 
above and relate it to the approved grant activities.
    (iii) All grant personnel must be necessary, reasonable and 
justified. Job descriptions must be provided, in the application, for 
all grant personnel. Excessive PHDEP staffing is not permitted.
    (iv) Housing authority staff responsible for management and 
coordination of PHDEP programs may be compensated with grant funds only 
for work performed directly for PHDEP grant-related activities and 
shall document the time and activity involved in accordance with 24 CFR 
85.20.
    (5) Grant Agreement. After an application has been approved, HUD 
and the applicant shall enter into a grant agreement (Form HUD-1044) 
setting forth the amount of the grant and its applicable terms, 
conditions, financial controls, payment mechanism, schedule, 
measurements/outcomes, monitoring schedule and special conditions, 
including sanctions for violation of the agreement. The grant agreement 
will be effective immediately upon execution of Form HUD-1044 by the 
Director, Office of Public Housing or Administrator, AONAP and 
terminate within 24 months.
    (6) Term of Grant Agreement. Terms of the FY 1997 PHDEP grant 
agreement shall not exceed 24 months from the execution date of the 
grant agreement (Form HUD-1044). Grant extensions during the FY 1997 
PHDEP round are not permitted. Any funds not expended at the end of the 
FY 1997 PHDEP grant term shall be remitted to HUD.
    (7) Duplication of funds. To prevent duplicate funding of any 
activity, the grantee must establish controls to assure that an 
activity or program that is funded by other HUD programs, or programs 
of other Federal agencies, shall not also be funded by the PHDEP. The 
grantee must establish an auditable system to provide adequate 
accountability for funds that it has been awarded. The grantee is 
responsible for ensuring that there is no duplication of funds.
    (8) Insurance. Each grantee shall obtain adequate insurance 
coverage to protect itself against any potential liability arising out 
of the eligible activities under this part. In particular, applicants 
shall assess their potential liability arising out of the employment or 
contracting of security personnel, law enforcement personnel, 
investigators, and drug treatment providers, and the establishment of 
voluntary tenant patrols; evaluate the qualifications and training of 
the individuals or firms undertaking these functions; and consider any 
limitations on liability under Tribal, State, or local law. Grantees 
shall obtain liability insurance to protect the members of the 
voluntary tenant patrol against potential liability as a result of the 
patrol's activities under Sec. 761.15(b)(5). Voluntary tenant patrol 
liability insurance costs are eligible program expenses. Subgrantees 
shall obtain their own liability insurance.
    (9) Risk Management. Grantees and subgrantees are required to 
implement, administer and monitor the PHDEP so as to minimize the risk 
of fraud, waste, and liability for losses from adversarial legal 
action.
    (10) Failure to Implement FY 1997 PHDEP Program(s). If the grant 
plan, approved budget, and timetable, as described in the approved 
application, are not operational within 90 days of the grant agreement 
date, the grantee must report by letter to the HUD Field Office the 
steps being taken to initiate the plan and timetable, the reason for 
the delay, and the expected starting date. Any budget/timetable 
revisions that resulted from the delay must be included. The HUD Field 
Office will determine if the delay is acceptable, approve/disapprove 
the revised plan and timetable, and take any additional appropriate 
action.
    (11) Sanctions. HUD may impose sanctions if the grantee:
    (i) Is not complying with the requirements of this part or of other 
applicable Federal law;
    (ii) Fails to make satisfactory progress toward its PHDEP goals, as 
specified in its plan/budget and/or revised budget/timetable and as 
reflected in its semiannual performance and financial status reports;
    (iii) Does not establish procedures that will minimize the time 
elapsing between drawdowns and disbursements;
    (iv) Does not adhere to grant agreement requirements or special 
conditions;
    (v) Proposes substantial plan changes to the extent that, if 
originally submitted, the applications would not have been selected for 
funding;
    (vi) Engages in the improper award or administration of grant 
subcontracts;
    (vii) Does not submit reports; or
    (viii) Files a false certification.
    (12) HUD may impose the following sanctions:
    (i) Temporarily withhold cash payments pending correction of the 
deficiency by the grantee or subgrantee;
    (ii) Disallow all or part of the cost of the activity or action not 
in compliance;
    (iii) Wholly or partly suspend or terminate the current award for 
the grantee's or subgrantee's program;
    (iv) Require that some or all of the grant amounts be remitted to 
HUD;
    (v) Condition a future grant and elect not to provide future grant 
funds to the grantee until appropriate actions are taken to ensure 
compliance;
    (vi) Withhold further awards for the program; or
    (vii) Take other remedies that may be legally available.
    (g) Periodic Grantee Reports. In accordance with 24 CFR part 85, 
grantees are responsible for managing the day-to-day operations of 
grant and subgrant supported activities. Grantees must monitor grant 
and subgrant supported activities to assure compliance with applicable 
Federal requirements and that performance goals are being achieved. 
Grantee monitoring must cover each program, function or activity of the 
grant or sub-grant.
    (1) Semiannual Grant Performance Status Reporting Requirements. 
Grantees are required to provide the local HUD Field Office with a 
semiannual performance report that

[[Page 28556]]

evaluates the grantee's overall performance against its plan and 
strategies. This report shall include in summary form (but is not 
limited to) the following: Any change in the reduction/elimination of 
drug-related crime or other indicators drawn from the applicant's plan/
strategy assessment and an explanation of any difference; successful 
completion of any of the strategy components identified in the 
applicant's plan/strategy; a discussion of any problems encountered in 
implementing the plan and how they were addressed; an evaluation of 
whether the rate of progress meets expectations and outcomes; a written 
explanation of the grantee's efforts in encouraging resident 
participation; a description of any other programs that may have been 
initiated, expanded or deleted as a result of the plan, with an 
identification of the resources and the number of people/residents 
involved in the programs and their relation to the plan/strategy. If 
required reports are not received by the local Field Office in a timely 
manner, payment of grant funds to the grantee are subject to being 
suspended.
    (2) Semiannual Grantee Financial Status Reporting Requirements. The 
grantee shall submit, in a timely manner, a semiannual financial status 
report to the local HUD Field Office. The grantee shall use the SF-269A 
to report the status of funds for nonconstruction programs. The grantee 
shall use SF-269A, Block 12, ``Remarks,'' to report on the status of 
programs, functions, or activities within the program. If required 
reports are not received by the local Field Office in a timely manner, 
payment of grant funds to the grantee are subject to being suspended.
    (3) Semiannual Grantee Performance and Financial Status Reporting 
Period and Due Dates. The semiannual performance and financial status 
report shall cover the periods ending June 30 and December 31, and must 
be submitted to the local HUD Field Office by July 30 and January 31 of 
each year.
    (4) Final Grantee Performance Status Report. Grantees are required 
to provide the local HUD Field Office with a final cumulative 
performance report that evaluates the grantee's overall performance 
against its plan. This report shall include in summary form (but is not 
limited to) the following:
    (i) Any change or lack of change in crime statistics or other 
indicators drawn from the applicant's plan assessment and an 
explanation of any difference;
    (ii) Successful completion of overall strategy that reduced/
eliminated drug-related crimes identified in the applicant's plan;
    (iii) A discussion of any problems encountered in implementing the 
plan and how they were addressed;
    (iv) An evaluation of whether the rate of progress meets 
expectations;
    (v) A discussion of the grantee's efforts in encouraging resident 
participation; and
    (vi) A description of any other programs that may have been 
initiated, expanded or deleted as a result of the plan, with an 
identification of the resources and the number of people involved in 
the programs and their relation to the plan.
    (vii) A discussion of the grantee's adopted policies, procedures 
and practices that have produced positive outcomes regarding: tracking 
drug-related crime, screening of applicants, lease enforcement, and the 
health, safety/security, and the right to peaceful enjoyment of the 
premises by residents and housing authority personnel.
    (5) Final Grantee Financial Status Report (SF-269A). The final 
report will be a cumulative summary of expenditures to date and must 
indicate the exact balance of unexpended funds. The grantee shall remit 
all PHDEP funds, including any unexpended funds, owed to HUD within 90 
days after the termination of the grant agreement.
    (6) Final Grantee Performance Status Report and Financial Status 
Report (SF-269A) Reporting Period. The final performance and financial 
status report shall cover the period from the date of the grant 
agreement, to include any extensions, to the termination date of the 
grant agreement. The report is due to the HUD Field Office within 90 
days after the termination of the grant agreement.
    (7) Grantee Reporting Requirements. The grantee shall submit all 
required reports to the HUD Field Office as directed above (for a 
listing of Field Offices, refer to appendix A).
    (8) HUD Field Office Reporting Requirements to Headquarters. Field 
Offices, NONAPs and/or AONAPs shall submit, within 30 days of receipt, 
a copy of the semiannual performance and financial and all final 
performance and financial reports to the Office of Crime Prevention and 
Security at HUD Headquarters. Further instruction will be provided by 
Headquarters to local HUD Field Offices.
    (9) Audits and Closeouts. Field Offices will make maximum use of 
audits under 24 CFR Parts 44 and 45 as applicable in conducting grant 
closeout.
    (10) All grantees will access grant funds through the LOCCS-VRS.

II. Application Process.

    (a) Application kit: An application kit may be obtained, and 
assistance provided, from the local HUD Field Office with delegated 
public housing responsibilities over an applying public housing agency, 
or from the AONAPs having jurisdiction over the Indian housing 
authority making an application, or by calling HUD's DISC on (800) 578-
3472. The application kit contains information on all exhibits and 
certifications required under this NOFA.
    (b) Application Submission: Applications are due on or before 
Friday, August 8, 1997, at 3:00 pm, local time. Applications (original 
and three identical copies of the original application) must be 
received by the deadline at the local HUD Field Office with 
responsibilities over the applying public housing authorities. 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 unanticipated delays or other delivery-
related problems.
    Applications (Original and three identical copies of the original 
application) must be physically received by the deadline at the local 
HUD Field Office with delegated public housing responsibilities 
Attention: Director, Office of Public Housing, or, in the case of IHAs, 
to the local HUD Administrator, AONAPs, as appropriate. It is not 
sufficient for an application to bear a postage date within the 
submission time period. Applications submitted by facsimile are not 
acceptable. Applications received after Friday, August 8, 1997, at 3:00 
pm, Local Time, will not be considered. Applications submitted in 
response to this NOFA are subject to disclosure under the Freedom of 
Information Act.

III. Checklist of Application Submission Requirements

    To qualify for a grant under this program, the application 
submitted to HUD shall include, in addition to those requirements 
listed under Section I.(d) (Selection Criteria) of this NOFA, including 
the plan to address the problem of drug-related crime in the 
developments proposed for funding, at least the following items:
    (a) Applicant Grant Data Form. The applicant must accurately 
complete the form for HUD's application database

[[Page 28557]]

entry. The form, with examples, is provided in the application kit.
    (b) Application for Federal Assistance, Standard Form SF-424. The 
SF-424 is the face sheet for the application. The applicant must 
accurately complete and sign the form. The form, with example, is 
provided in the application kit.
    (c) Standard Form SF-424A Budget Information (non-construction 
programs), with attached budget narrative(s) with supporting 
justification and documentation (specifically showing how costs were 
determined for each element of each activity in the same format as 
shown in the application kit). The SF-424A, with attached budget 
narrative, must be accurately completed and the applicant must 
describe, as applicable, each major activity proposed for funding, 
e.g., employment of security personnel (contracted security personnel 
services and housing authority police departments), reimbursement of 
local law enforcement services, HA-dedicated police division/bureau, 
employment/equipment of investigators, voluntary tenant (resident) 
patrols, programs to reduce drugs/crime, i.e., drug prevention, 
intervention, and treatment programs. If additional housing authority 
police are to be employed for a service that is also provided by a 
local law enforcement agency, the housing authority must provide a cost 
analysis that demonstrates the employment of housing authority police 
is more cost efficient than obtaining the service from the local law 
enforcement agency. Forms, with examples, are provided in the 
application kit.
    (d) Applicants must verify their unit count with the local HUD 
Field Office/AONAPs prior to submitting the application . In accordance 
with Sections I.(b)(2) (i) through (iii) of this NOFA, applicants MUST 
COMPUTE the maximum grant award amount for which they are eligible 
(eligible dollar amount per unit x (times) number of units and compare 
it with the dollar amount requested in the application to make certain 
the amount requested does not exceed the permitted maximum grant award. 
Applicants should note that in determining the unit count for PHA-owned 
or IHA-owned Rental Housing Program, a unit that is considered to be a 
long-term vacancy, as defined in 24 CFR 950.102 or 990.102, is still 
included in the count.
    (e) Standard Form SF-424B, Assurances, (non-construction programs) 
for pre-award assurances. The applicant must accurately complete and 
sign the form. The form and example are provided in the application 
kit.
    (f) Certifications. Applications must accurately include the 
following certifications (certifications are provided in the 
application kit):
    (1) A certification that the applicant will maintain a drug-free 
workplace in accordance with the requirements of the Drug-Free 
Workplace Act of 1988, 24 CFR part 24, subpart F. (Applicants may 
submit a copy of their most recent drug-free workplace certification, 
which must be dated within the past year.)
    (2) Indian Housing Authorities (IHAs) established under State law 
that are applying for funding under this NOFA are subject to the 
provisions of Section 319 of the Department of Interior and Related 
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. Section 1352 
(the Byrd Amendment). An IHA established by an Indian tribe as a result 
of the exercise of its sovereign power is excluded from coverage of the 
Byrd Amendment.
    The Byrd Amendment, which is implemented in regulations at 24 CFR 
Part 87, prohibits applicants for Federal contracts and grants from 
using appropriated funds to attempt to influence Federal Executive or 
legislative officers or employees in connection with obtaining such 
assistance, or with its extension, continuation, renewal, amendment or 
modification. The Byrd Amendment applies to the funds that are the 
subject of this NOFA.
    A covered applicant must file a certification stating that it has 
not made and will not make any prohibited payments and, if any payments 
or agreement to make payments of nonappropriated funds for these 
purposes have been made, an SF-LLL disclosing such payments must be 
submitted. The certification and the SF-LLL are included in the 
application package.
    (3) If applying for drug prevention program funding, a 
certification by the applicant that the applicant has notified and 
consulted with the relevant Tribal commission, Single State Agency or 
other local authority with substance program coordination 
responsibilities concerning its application; and that the proposed 
substance abuse prevention program has been reviewed by the relevant 
local Tribal commission, Single State Agency or other authority and is 
consistent with the Tribal or State prevention plan.
    (4) A certification (provided in the application kit) by the Chief 
Executive Officer (CEO) of a State, Tribe, or a unit of general local 
government in which the developments proposed for assistance are 
located that:
    (i) Grant funds provided under this program will not substitute for 
activities currently being undertaken on behalf of the applicant by the 
jurisdiction to address drug-related crime;
    (ii) Any reimbursement of local law enforcement agencies for 
additional security and protective services to be provided under 
section I.(c)(2) of this NOFA meets the requirements of that section.
    (5) A certification, (An example is provided in the application 
kit), from the chief of the local law enforcement agency:
    (i) If the application is for employment of security services, that 
the law enforcement agency has entered into, or will enter into, an 
agreement with the applicant and the provider of the security services 
in accordance with the requirements of section I.(c)(1) (Security guard 
personnel, and public housing police departments, and section I.(c)(2) 
(HA-dedicated police division/bureau) of this NOFA;
    (ii) If the application is for employment of investigators, that 
the law enforcement agency has entered into, or will enter into, an 
agreement with the applicant and the investigators, in accordance with 
the requirements of Section I.(c)(4) (employment of investigators) of 
this NOFA;
    (iii) If the application is for voluntary tenant (resident) patrol 
funding, that the law enforcement agency has entered into, or will 
enter into, an agreement with the applicant and the voluntary tenant 
patrol, in accordance with the requirements of section I.(c)(5) 
(voluntary tenant (resident) patrol) of this NOFA.
    (6) A certification (An example is provided in the application kit) 
by the RMC, RC or RO, or other involved resident group where an RMC, RC 
or RO does not exist, that the residents participated in the 
preparation of the grant application with the applicant, and that the 
applicant's description of the activities and program evaluation that 
the resident group will implement under the program is accurate and 
complete.
    (7) A certification (an example is provided in the application kit) 
by the applicant that programs will not violate civil rights laws, and 
that there is a system in place to protect confidential information.
    (8) A certification (an example is provided in the application kit) 
by the applicant that there is a system in place to protect 
confidential information regarding law enforcement records, and medical 
and disability-related information.

[[Page 28558]]

    (g) HUD Form 2880, Applicant Disclosures. The form, with example, 
is provided in the application kit.

IV. Corrections to Deficient Applications

    (a) HUD will notify an applicant, in writing, of receipt of the 
application and of any curable technical deficiencies in the 
application. The applicant must submit corrections in accordance with 
the information specified in HUD's letter within 14 calendar days from 
the date on HUD's letter notifying the applicant of any such 
deficiency.
    (b) Curable technical deficiencies relate to items that would not 
have any effect on the applicant's score.
    (c) An example of a curable technical deficiency would be the 
failure of an applicant to submit a required assurance, budget 
narrative, certification, applicant data form, incomplete forms such as 
the SF-424 or lack of such items as required signatures, appendixes and 
documentation referenced in the application or a computational error 
based on the use of an incorrect number(s) such as incorrect unit 
counts. These items are discussed in the application kit and samples, 
as appropriate, are provided.
    (d) An example of a non-curable defect or deficiency would be a 
missing SF-424A (Budget Information).

V. Other Matters

    (a) Non-discrimination and equal opportunity. The following 
nondiscrimination and equal opportunity requirements apply:
    (1) The requirements of Title VIII of the Civil Rights Act of 1968, 
42 U.S.C. 3600-20 (Fair Housing Act) and implementing regulations 
issued at subchapter A of title 24 of the Code of Federal Regulations, 
as amended by 54 FR 3232 (published January 23, 1989); Executive Order 
11063 (Equal Opportunity in Housing) and implementing regulations at 24 
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and 
implementing regulations issued at 24 CFR Part 1;
    (2) The Indian Civil Rights Act (ICRA) (Title II of the Civil 
Rights Act of 1968, 25 U.S.C. 1301-1303) provides, among other things, 
that ``no Indian tribe in exercising powers of self-government shall * 
* * deny to any person within its jurisdiction the equal protection of 
its laws or deprive any person of liberty or property without due 
process of law.'' The Indian Civil Rights Act applies to any Tribe, 
band, or other group of Indians subject to the jurisdiction of the 
United States in the exercise of recognized powers of self-government. 
The ICRA is applicable in all cases where an IHA has been established 
by exercise of Tribal powers of self-government;
    (3) The prohibitions against discrimination on the basis of age 
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and 
implementing regulations at 24 CFR part 146, and the prohibitions 
against discrimination against handicapped individuals under section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 24 CFR part 8;
    (4) The requirements of Executive Order 11246 (Equal Employment 
Opportunity) and the regulations issued under the Order at 41 CFR 
Chapter 60;
    (5) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, recipients 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with funded activities.
    (b) Environmental Impact. A Finding of No Significant Impact 
(FONSI) with respect to the environment has been made in accordance 
with HUD regulations at 24 CFR Part 50 implementing section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). The 
FONSI is available for public inspection and copying between 7:30 a.m. 
and 5:30 p.m. weekdays at the Office of the Rules Docket Clerk, 451 
Seventh Street, SW, Room 10276, Washington, DC 20410. It is anticipated 
that many of the eligible activities in this NOFA will only be subject 
to 24 CFR 50.19 and, except for extraordinary circumstances, will not 
require an environmental review. However, if activities such as 
acquisition or capital improvements are proposed, the environmental 
review will be performed in accordance with 24 CFR part 50 prior to the 
award of grant funds.
    (c) 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 NOFA 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 NOFA do not 
have ``Federalism implications'' within the meaning of the Order. The 
NOFA implements a program that encourages housing authorities to 
develop a plan for addressing the problem of drug-related crime and 
other criminal activities associated with drug-related problems, and 
makes available grants to housing authorities to help them carry out 
their plans. As such, the program would help housing authorities combat 
serious drug-related crime problems in their developments, thereby 
strengthening their role as instrumentalities of the States. In 
addition, further review under the Order is unnecessary, since the NOFA 
generally tracks the statute and involves little implementing 
discretion.
    (d) Family Impact. The General Counsel, as the Designated Official 
for Executive Order 12606, the Family, has determined that the 
provisions of this NOFA have the potential for a positive, although 
indirect, impact on family formation, maintenance and general well-
being within the meaning of the Order. This NOFA would implement a 
program that would encourage housing authorities to develop a plan for 
addressing the problem of drug-related crime, and to make available 
grants to help housing authorities to carry out this plan. As such, the 
program is intended to improve the quality of life of public and Indian 
housing development residents, including families, by reducing the 
incidence of drug-related crime.
    (e) Section 102 HUD Reform Act--Accountability in the Provision of 
HUD Assistance. Section 102 of the Department of Housing and Urban 
Development Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and 
the final rule codified at 24 CFR part 4, subpart A, published on April 
1, 1996 (61 FR 1448), contain 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, a notice that also provides 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

[[Page 28559]]

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.
    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.
    (f) Catalog of Federal Domestic Assistance. The Catalog of Federal 
Domestic Assistance number for the Public and Indian Housing Drug 
Elimination Program is 14.854.
    (g) Section 103 HUD Reform Act. Section 103 of the Department of 
Housing and Urban Development Reform Act of 1989, and HUD's 
implementing regulation codified at subpart B of 24 CFR part 4, applies 
to the funding competition announced today. These requirements 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 section 103 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 section 103 and subpart B of 24 CFR part 
4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions, 
such as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Field Office 
Counsel, or Headquarters counsel for the program to which the question 
pertains.

    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: April 24, 1997.
Kevin E. Marchman,
Acting Assistant Secretary for Public and Indian Housing.

Appendix A: HUD, Public Housing, NONAP, and AONAP Office Addresses, 
Phone Numbers and Office Hours

HUD--New England: Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont

Massachusetts State Office

Office of Public Housing, DHUD--Massachusetts State Office, Thomas 
P. O'Neill, Jr. Federal Building, 10 Causeway Street, Room 553, 
Boston, MA 02222-1092, (617) 565-5196, TTY Number: (617) 565-5453, 
Office hours: 8:30am-5:00pm local time

Connecticut State Office

Office of Public Housing, DHUD--Connecticut State Office 330 Main 
Street, Hartford, Connecticut 06106-1860, (860) 240-4522, TTY 
Number: (203) 240-4665, Office hours: 8:00am-4:30pm local time

New Hampshire State Office

Office of Public Housing, DHUD--New Hampshire State Office, Norris 
Cotton Federal Building, 275 Chestnut Street, Manchester, New 
Hampshire 03101-2487, (603) 666-7681, TTY Number: (603) 666-7518, 
Office hours: 8:00am-4:30pm local time

Rhode Island State Office

Office of Public Housing, DHUD--Rhode Island State Office, 10 
Weybosset Street, Sixth Floor, Providence, Rhode Island 02903-2808, 
(401) 528-5351, TTY Number: (401) 528-5364, Office hours: 8:00am-
4:30pm local time

HUD--New York, New Jersey

New York State Office

Office of Public Housing, DHUD--New York State Office, 26 Federal 
Plaza, Suite 3237, New York, New York 10278-0068, (212) 264-6500, 
TTY Number: (212) 264-0927, Office hours: 8:30am-5:00pm local time

Buffalo State Office

Office of Public Housing, DHUD--Buffalo State Office, Lafayette 
Court, 5th Floor, 465 Main Street, Buffalo, New York 14203-1780 
(551) 846-5755, TTY Number: (716) 551-5787, Office hours: 8:00am-
4:30pm local time

New Jersey State Office

Office of Public Housing, DHUD--New Jersey State Office, One Newark 
Center, 12th Floor, Newark, New Jersey 07102-5260, (201) 622-7900, 
TTY Number: (201) 645-6649, Office hours: 8:30am-5:00pm local time

HUD--Mid-Atlantic: Pennsylvania, District of Columbia, Maryland, 
Delaware, Virginia, West Virginia

Pennsylvania State Office

Office of Public Housing, DHUD--Pennsylvania State Office, The 
Wanamaker Building, 100 Penn Square East, Philadelphia, Pennsylvania 
19107-3390, (215) 656-0579, TTY Number: (215) 597-5564, Office 
hours: 8:00am-4:30pm local time

District of Columbia Office (Washington, DC)

Office of Public Housing, DHUD--District of Columbia Office, 820 
First Street NE., Washington, DC 20002-4502, (202) 275-9200, TTY 
Number: (202) 275-0967, Office hours: 8:00am-4:30pm local time

Maryland State Office

Office of Public Housing, DHUD--Maryland State Office, City Crescent 
Building, 10 South Howard Street, 5th Floor, Baltimore, Maryland 
21201-2505, (401) 962-2520, TTY Number: (410) 962-0106, Office 
hours: 8:00am-4:30pm local time

Pittsburgh Area Office

Office of Public Housing, DHUD--Pittsburgh Area Office, 339 Sixth 
Avenue, Sixth floor, Pittsburgh, Pennsylvania 15222-2515, (412) 644-
6428, TTY Number: (412) 644-5747, Office hours: 8:00am-4:30pm local 
time

Virginia State Office

Office of Public Housing, DHUD--Virginia State Office, The 3600 
Centre, 3600 West Broad Street, P.O. Box 90331, Richmond, Virginia 
23230-0331, (804) 278-4507, TTY Number: (804) 278-4501, Office 
hours: 8:00am-4:30pm local time

West Virginia State Office

Office of Public Housing, DHUD--West Virginia State Office, 405 
Capitol Street, Suite 708, Charleston, West Virginia 25301-1795, 
(304) 347-7000, TTY Number: (304) 347-5332, Office hours: 8:00am-
4:30pm local time

HUD--Southeast: Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee, Caribbean, Virgin 
Islands

Georgia State Office

Office of Public Housing, DHUD--Georgia State Office, Richard B. 
Russell Federal Building, 75 Spring Street, S.W., Atlanta, Georgia 
30303-3388, (404) 331-4815, TTY Number: (404) 730-2654, Office 
hours: 8:00am-4:30pm local time

Alabama State Office

Office of Public Housing, DHUD--Alabama State Office, 600 Beacon 
Parkway West, Suite 300, Birmingham, Alabama 35209-3144, (205) 290-
7601, TTY Number: (205) 290-7624, Office hours: 8:00am-4:30pm local 
time

Kentucky State Office

Office of Public Housing, DHUD--Kentucky State Office, 601 West 
Broadway, P.O. Box 1044, Louisville, Kentucky 40201-1044, (502) 582-
6161, TTY Number: (502) 582-5139, Office hours: 8:00am-4:30pm local 
time

Mississippi State Office

Office of Public Housing, DHUD--Mississippi State Office, Doctor 
A.H. McCoy Federal Building, 100 West Capitol Street, Room 910, 
Jackson, Mississippi 39269-1096, (601) 975-4746, TTY Number: (601) 
975-4717, Office hours: 8:00am-4:45pm local time

[[Page 28560]]

North Carolina State Office

Office of Public Housing, DHUD--North Carolina State Office, 2306 
West Meadowview Road, Greensboro, North Carolina 27407-3707, (919) 
547-4000, TTY Number: 919-547-4055, Office hours: 8:00am-4:45pm 
local time

Caribbean Office

Office of Public Housing, DHUD--Caribbean Office, New San Office 
Building, 159 Carlos East Chardon Avenue, Room 305, San Juan, Puerto 
Rico 00918-1804, (809) 766-6121, TTY Number: Number not available, 
Office hours: 8:00am-4:30pm local time

South Carolina State Office

Office of Public Housing, DHUD--South Carolina State Office, Strom 
Thurmond Federal Building, 1835 Assembly Street, Columbia, South 
Carolina 29201-2480, (803) 765-5831, TTY Number: Number not 
available, Office hours: 8:00am-4:45pm local time

Tennessee Area Office

Office of Public Housing, DHUD--Tennessee Area Office, John J. 
Duncan Federal Building, 710 Locust Street, S.W., Third Floor, 
Knoxville, Tennessee 37902-2526, (423) 545-4389, TTY Number: (615) 
545-4379, Office hours: 7:30am-4:15pm local time,

Nashville, Tennessee State Office

Office of Public Housing, DHUD--Tennessee State Office, 251 
Cumberland Bend Drive, Suite 200, Nashville, Tennessee 37228-1803, 
(615) 736-5213, TTY Number: (615) 736-5063, Office hours: 7:45am-
4:15pm local time,

Florida Area Office

Office of Public Housing, DHUD--Florida Area Office, Southern Bell 
Towers, 301 West Bay Street, Suite 2200, Jacksonville, Florida 
32202-5121, (904) 232-2626, TTY Number: (904) 232-2357, Office 
hours: 7:45am-4:30pm local time

HUD--Midwest: Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin

Illinois State Office

Office of Public Housing, DHUD--Illinois State Office, Ralph H. 
Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, IL 
60604-3507, (312) 353-5680, TTY Number: (312) 353-7143, Office 
hours: 8:15am-4:45pm local time

Michigan State Office

Office of Public Housing, DHUD--Michigan State Office, Patrick V. 
McNamara Federal Building, 477 Michigan Avenue, Detroit, Michigan 
48226-2592, (313) 226-6880, TTY Number: (313) 226-7812, Office 
hours: 8:00am-4:30pm local time

Indiana State Office

Office of Public Housing, DHUD--Indiana State Office, 151 North 
Delaware Street, Suite 1200, Indianapolis, Indiana 46204-2526, (317) 
226-6303, TTY Number: (317)226-7081, Office hours: 8:00am-4:45pm 
local time

Grand Rapids, Michigan Area Office

Office of Public Housing, DHUD--Grand Rapids Area Office, Trade 
Center Building 50 Louis, N.W, Grand Rapids, Michigan 49503-2648, 
(616) 456-2127, TTY Number: Number not available, Office hours: 
8:00am-4:45pm local time

Minnesota State Office

Office of Public Housing, DHUD--Minnesota State Office, Bridge Place 
Building, 220 South Second Street, Minneapolis, Minnesota 55401-
2195, (612) 370-3000, TTY Number: (612) 370-3186, Office hours: 
8:00am-4:30pm local time

Cincinnati, Ohio Area Office

Office of Public Housing, DHUD--Cincinnati Area Office, 525 Vine 
Street, Suite 700, Cincinnati, Ohio 45202-3188, (513) 684-2884, TTY 
Number: (513) 684-6180, Office hours: 8:00am-4:45pm local time

Cleveland, Ohio Area Office

Office of Public Housing, DHUD--Cleveland Area Office, Renaissance 
Building, 1350 Euclid Avenue, 500, Cleveland, Ohio 44115-1815, (216) 
522-4065, TTY Number: Number not available Office hours: 8:00am-
4:40pm local time

Ohio State Office

Office of Public Housing, DHUD--Ohio State Office, 200 North High 
Street, Columbus, Ohio 43215-2499, (614) 469-5737, TTY Number: 
Number not available, Office hours: 8:30am-4:45pm local time

Wisconsin State Office

Office of Public Housing, DHUD--Wisconsin State Office, Henry S. 
Reuss Federal Plaza, 310 West Wisconsin Avenue, Suite 1380, 
Milwaukee, Wisconsin 53203-2289, (414) 291-3214, TTY Number: Number 
not available, Office hours: 8:00am-4:30pm local time

HUD--Southwest: Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Texas State Office

Office of Public Housing, DHUD--Texas State Office, 1600 
Throckmorton Street, Room 304, P.O. Box 2905, Fort Worth, Texas 
76113-2905, (817) 885-5934, TTY Number: (817) 885-5447, Office 
hours: 8:00am-4:30pm local time,

Houston, Texas Area Office

Office of Public Housing, DHUD--Houston Area Office, Norfolk Tower, 
2211 Norfolk, Suite 200, Houston, Texas 77098-4096, (713) 834-3235, 
TTY Number: Number not available, Office hours: 7:45am-4:30pm local 
time

San Antonio, Texas Area Office

Office of Public Housing, DHUD--San Antonio Area Office, Washington 
Square, 800 Dolorosa Street, San Antonio, Texas 78207-4563, (512) 
229-6783, TTY Number: (512) 229-6783, Office hours: 8:00am-4:30pm 
local time

Arkansas State Office

Office of Public Housing, DHUD--Arkansas State Office, TCBY Tower, 
425 West Capitol Avenue, Room 900, Little Rock, Arkansas 72201--
3488, (501) 324-5935, TTY Number: (501) 324-5931, Office hours: 
8:00am-4:30pm local time

Louisiana State Office

Office of Public Housing, DHUD--Louisiana State Office, 501 Magazine 
Street, Ninth Floor, New Orleans, Louisiana 70130, (504) 589-7251, 
TTY Number: Number not available, Office hours: 8:00am-4:30pm local 
time

Oklahoma State Office

Office of Public Housing, DHUD--Oklahoma State Office, 500 West Main 
Street, Oklahoma City, Oklahoma 73102, (504) 589-7233, TTY Number: 
None, Office hours: 8:00am-4:30pm local time

New Mexico State Office

Office of Public Housing, DHUD--New Mexico State Office, 625 Truman 
Street NE., Albuquerque, NM 87110-6472, (505) 262-6463, TTY Number: 
(505) 262-6463, Office hours: 7:45am-4:30pm local time,

Great Plains: Iowa, Kansas, Missouri, Nebraska

Kansas/Missouri State Office

Office of Public Housing, DHUD--Kansas/Missouri State Office, 
Gateway Tower II, 400 State Avenue, Kansas City, Kansas 66101-2406, 
(913) 551-5488, TTY Number: (913) 551-5815, Office hours: 8:00am-
4:30pm local time

Nebraska State Office

Office of Public Housing, DHUD--Nebraska State Office, Executive 
Tower Centre, 10909 Mill Valley Road, Omaha, Nebraska 68154-3955, 
(402) 492-3100, TTY Number: (402) 492-3183, Office hours: 8:00am-
4:30pm local time

St. Louis, Missouri Area Office

Office of Public Housing, DHUD--St. Louis Area Office, Robert A. 
Young Federal Building, 1222 Spruce Street, St. Louis, Missouri 
63103-2836, (314) 539-6503, TTY Number: (314) 539-6331, Office 
hours: 8:00am-4:30pm local time

Iowa State Office

Office of Public Housing, DHUD--Iowa State Office, Federal Building, 
210 Walnut Street, Des Moines, Iowa 50309-2155, (515) 284-4512, TTY 
Number: (515) 284-4728, Office hours: 8:00am-4:30pm local time

HUD--Rocky Mountains: Colorado, Montana, North Dakota, South 
Dakota, Utah, Wyoming

Colorado State Office

Office of Public Housing, DHUD--Colorado State Office, First 
Interstate Tower North, 633 17th Street, Denver, CO 80202-3607, 
(303) 672-5376, TTY Number: (303) 672-5248, Office hours: 8:00am-
4:30pm local time

[[Page 28561]]

HUD--Pacific/Hawaii: Arizona, California, Hawaii, Nevada, Guam, 
America Samoa

California State Office

Office of Public Housing, DHUD--California State Office, Philip 
Burton Federal Building/Courthouse, 450 Golden Gate Avenue, PO Box 
36003, San Francisco, California 94102-3448, (415) 436-6532, TTY 
Number: (415) 436-6594, Office hours: 8:15am-4:45pm local time

Los Angeles, California Area Office

Office of Public Housing, DHUD--Los Angeles Area Office, 611 West 
6th Street, Los Angeles, California 90017, (213) 894-7122, extension 
3504, TTY Number: (213) 894-8047, Office hours: 8:00am-4:30pm local 
time

Hawaii State Office

Office of Public Housing, Seven Waterfront Plaza, 500 Ala Moana 
Boulevard, Suite 500, Honolulu, HI 96813-4918, (808) 522-8185, TTY 
Number: (808) 522-8193, Office hours: 8:00am-4:30pm local time

Sacramento, California Area Office

Office of Public Housing, DHUD--Sacramento Area Office, 777 12th 
Avenue, Suite 200, PO Box 1978, Sacramento, California 95814-1997, 
(916) 498-5270, TTY Number: (916) 498-5220, Office hours: 8:00am-
4:30pm local time

Arizona State Office

Office of Public Housing, DHUD--Arizona State Office, Two Arizona 
Center, 400 North 5th Street, Suite 1600, Phoenix, Arizona 85004-
2361, (602) 261-4434, TTY Number: (602) 379-4461, Office hours: 
8:00am-4:30pm local time

HUD--Northwest/Alaska: Alaska, Idaho, Oregon, Washington

Washington State Office

Office of Public Housing, DHUD--Washington State Office, Seattle 
Federal Office Building, 909 First Avenue, Suite 200, Seattle, WA 
98104-1000, (206) 220-5292, TTY Number: (206) 220-5185, Office 
hours: 8:00am-4:30pm local time

Oregon State Office

Office of Public Housing, DHUD--Oregon State Office, 400 Southwest 
Sixth Avenue, Suite 700, Portland, Oregon 97203-1632, (503) 326-
2661, TTY Number: (503) 326-3656, Office hours: 8:00am--4:30pm local 
time

DHUD National Office of Native American Programs (NONAPs)

NONAP Headquarters

Office of the Deputy Assistant Secretary for National Native 
American Programs, 1999 Broadway, Suite 3390, Box 90, Denver, CO 
80202, Office hours: 8:15am-4:45pm local time, FY 1997 Round PHDEP 
point of contact: Tracy Outlaw, Telephone (303) 675-1600, extension 
3333

NONAPs Area Offices

Eastern/Woodlands--Tribes and IHAs: East of the Mississippi River, 
including all of Minnesota and Iowa

Eastern/Woodlands HUD Area Office of Native American Programs

Eastern/Woodlands Office of Native American Programs, Ralph H. 
Metcalfe Federal Building, 77 West Jackson Boulevard, Room 2400, 
Chicago, IL 60604, (312) 886-3539 or (800) 735-3239, TTY Number: 
(312) 886-3741 or (800) 927-9275, Office hours: 8:15am-4:45pm local 
time

Southern Plains--Tribes and IHAs: Louisiana, Missouri, Kansas, 
Oklahoma, and Texas, except for Isleta Del Sur in Texas

DHUD Area Office of Native American Programs

Southern Plains Office of Native American Programs, 500 West Main 
Street, Suite 400, Oklahoma City, Oklahoma 73102, (405) 553-7428, 
TTY Number: (405) 231-4891 or (405) 231-4181, Office hours: 8:00am-
4:30pm local time

Northern Plains--Tribes and IHAS: Colorado, Montana, Nebraska, 
North Dakota, South Dakota, and Wyoming

DHUD Area Office of Native American Programs

Northern Plains Office of Native American Programs, First Interstate 
Tower North, 633 17th Street, 14th Floor, Denver, CO 80202-3607, 
(303) 672-5462, TTY Number: (303) 844-6158, Office hours: 8:00am-
4:30pm local time

Southwest--Tribes and IHAS: Arizona, California, New Mexico, 
Nevada, and Isleta Del Sur in Texas

DHUD Area Office of Native American Programs

Southwest Office of Native American Programs, Two Arizona Center, 
400 North 5th Street, Suite 1650, Phoenix, Arizona 85004-2361, (602) 
379-4156, TTY Number: (602) 379-4461, Office hours: 8:15am-4:45pm 
local time
    or
Albuquerque Office of Native American Programs, Albuquerque Plaza, 
201 3rd Street, NW, Suite 1830, Albuquerque, New Mexico 87102-3368, 
(505) 766-1372, TTY Number: None available, Office hours: 7:45am-
4:30pm local time

Northwest--Tribes and IHAs: Idaho, Oregon, and Washington

DHUD Area Office of Native American Programs

Northwest Office of Native American Programs, Seattle Federal Office 
Building, 909 First Avenue, Suite 300, Seattle, WA 98104-1000, (206) 
220-5270, TTY Number: (206) 220-5185, Office hours: 8:00am-4:30pm 
local time

Alaska--Tribes and IHAs: Alaska

DHUD Area Office of Native American Programs

Alaska Office of Native American Programs, University Plaza 
Building, 949 East 36th Avenue, Suite 401, Anchorage, Alaska 99508-
4399, (907) 271-4633, TTY Number: (907) 271-4328, Office hours: 
8:00am-4:30pm local time

[FR Doc. 97-13518 Filed 5-22-97; 8:45 am]
BILLING CODE 4210-33-P