[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28576-28583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13519]



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Part IV





Department of Housing and Urban Development





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Public and Indian Housing Drug Elimination Technical Assistance 
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-4208-N-01]


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

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SUMMARY: This notice announces the availability of $2.8 million under 
the FY 97 Public and Indian Housing Drug Elimination Technical 
Assistance Program. The $2.8 million is derived from $376,411 available 
from prior year carryover funds and $2,423,589 available from the $10 
million technical assistance set-aside within the $290 million 
appropriation provided for Public Housing Drug Elimination in the FY 
1997 Appropriations Act. The purpose of this program is to provide 
short-term technical assistance to public housing agencies (PHAs), 
Indian housing authorities (IHAs), resident management corporations 
(RMCs), incorporated resident councils (RCs) and resident organizations 
(ROs) that are combating drug-related crime and abuse of controlled 
substances in public and Indian housing communities. Resident 
participation in the determination of programs and activities to be 
undertaken is critical to the success of all aspects of the program. 
HUD greatly desires and encourages programs that foster 
interrelationships among residents, the housing owner and management, 
the local law enforcement agency, and other community groups affecting 
the housing. When partnering with the neighborhood law enforcement 
agency/precinct, the community as a whole can enhance and magnify the 
effect of specific program activities. These funds reimburse 
consultants who provide expert advice and work with housing authorities 
or resident councils to assist them in gaining skills and training to 
eliminate drug abuse and related problems from public housing 
communities. This document describes the purpose of the NOFA, applicant 
eligibility, selection criteria, eligible and ineligible activities, 
application processing, consultant eligibility, and consultant 
application processing.

DATES: This NOFA is effective upon publication. Technical assistance 
applications and consultant application kits may be immediately 
submitted to the address specified in the application kit. Applications 
may be submitted anytime, up to close of business on June 30, 1997. 
Technical assistance applications will be reviewed on a continuing 
basis until June 30, 1997, or until funds available under this NOFA are 
expended. There is no application deadline for consultants.

ADDRESSES: (a) An application kit may be obtained from the local HUD 
Field Office with jurisdiction or by calling HUD's Drug Information and 
Strategy Clearinghouse at (800) 578-3472; or for hearing- or speech-
impaired persons (202) 708-0850 (TTY). (The TTY number is not a toll-
free number.) The application kit contains information on all exhibits 
and requirements of this NOFA.
    (b) An applicant must submit the application to the address 
specified in the application kit.
    (c) In addition, applicants must simultaneously forward a copy of 
these documents to the HUD Field Office (FO) or Office of Native 
American Programs (ONAP) with jurisdiction over the relevant housing 
authority. HUD might not consider the application until the appropriate 
FO or ONAP has confirmed receipt with the appropriate office in 
Washington, DC. This copy must be addressed to Director, Public Housing 
Division, or Administrator, Office of Native American Programs, as 
appropriate.

FOR FURTHER INFORMATION CONTACT: For questions regarding the Public 
Housing Drug Elimination program contact Bertha M. Jones, Office of 
Crime Prevention and Security (OCPS), Office of Community Relations and 
Involvement (OCRI), Department of Housing and Urban Development, Room 
4112, 451 Seventh Street, SW., Washington, DC 20410; telephone (202) 
708-1197. For questions regarding the Native American program contact 
Tracy Outlaw, National Office of Native American Programs (ONAP), 
Department of Housing and Urban Development, Suite 3990, 1999 Broadway, 
Denver, CO 80202; telephone (303) 675-1600.
    Hearing and speech-impaired persons may access the telephone 
numbers via TTY by calling the Federal Information Relay Service at 1-
800-877-8339. (With the exception of the ``800'' number, these are not 
toll-free numbers.)

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 list of related NOFAs HUD is publishing elsewhere in this issue 
of the Federal Register are: The Public and Indian Housing Drug 
Elimination Program NOFA, the Federally Assisted Low-Income Housing 
Drug Elimination Grants NOFA, and the Safe Neighborhood 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.
    To help in obtaining a copy of your community's Consolidated Plan, 
please contact the community development office of your municipal 
government.

SUPPLEMENTARY INFORMATION:

I. Purpose and Substantive Description

(a) Purpose

    The TA program is intended to provide immediate, short-term (90 
days for completion) training, recommendations, and assistance to 
assess needs, train staff and residents, identify and design 
appropriate strategies to eliminate drugs and drug-related crime, and 
generally prepare and educate public and Indian housing and resident 
organization staff and residents to address problems related to crime 
and the abuse of controlled substances

[[Page 28577]]

in public and Indian housing communities. HUD encourages housing 
authorities and eligible resident organizations with or without a drug 
elimination grant in their communities to use this resource. Technical 
assistance is not intended for program implementation, the financial 
support of existing programs, or programs requiring more than 30 
billable days of technical assistance over a 90 day period.

(b) Allocation Amounts

    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1997 (Pub.L. 
104-204, approved September 26, 1996) (FY 1997 Appropriations Act) 
appropriated $290 million in FY 1997 funds for HUD's low-income housing 
drug elimination programs. Of this amount, the FY 1997 Appropriations 
Act set aside $10 million for ``grants, technical assistance, contracts 
and other assistance training, program assessment and execution for or 
on behalf of public housing agencies and resident organizations 
(including the cost of necessary travel for participants in such 
training).'' This notice announces the availability of $2.8 million 
under the FY 97 Public and Indian Housing Drug Elimination Technical 
Assistance Program. The $2.8 million is derived from $376,411 available 
from prior year carryover funds and $2,423,589 available from the $10 
million technical assistance set-aside within the $290 million 
appropriation provided for Public Housing Drug Elimination in the FY 
1997 Appropriations Act. Applications received from HAs and qualified 
RCs, ROs, and RMCs are eligible for a maximum amount of TA no greater 
than approximately $15,000.

    Note: The average amount of TA provided any one application in 
this program has been approximately $10,000. The amount of $15,000 
is a maximum funding ceiling and is not guaranteed. HUD-initiated TA 
is eligible for a maximum of $25,000 where HUD determines the 
circumstances require levels of assistance greater than $15,000.

(c) Eligibility

    The following is a listing of eligible applicants, eligible 
consultants, eligible activities, ineligible activities, and general 
program requirements under this NOFA.
    (1) Eligible Applicants. (i) Public housing agencies (PHAs), Indian 
housing authorities (IHAs), incorporated resident councils (RCs), 
resident organizations (ROs) in the case of IHAs, and resident 
management corporations (RMCs) are eligible to receive short-term 
technical assistance services under this NOFA.
    (ii) An eligible RC or RO must be an incorporated nonprofit 
organization or association that meets each of the following 
requirements:
    (A) It must be representative of the residents it purports to 
represent.
    (B) It may represent residents in more than one development or in 
all of the developments of a PHA or IHA, but it must fairly represent 
residents from each development that it represents.
    (C) It must adopt written procedures providing for the election of 
specific officers on a regular basis (but at least once every three 
years).
    (D) It must have a democratically elected governing board. The 
voting membership of the board must consist of residents of the 
development or developments that the resident organization or resident 
council represents.
    (iii) An eligible RMC must be an entity that proposes to enter 
into, or that enters into, a management contract with a PHA under 24 
CFR part 964, or a management contract with an IHA. An RMC must have 
each of the following characteristics:
    (A) It must be a nonprofit organization that is incorporated under 
the laws of the State or Indian tribe in which it is located.
    (B) It may be established by more than one resident organization or 
resident council, so long as each such organization or council:
    (1) Approves the establishment of the corporation; and
    (2) Has representation on the Board of Directors of the 
corporation.
    (C) It must have an elected Board of Directors.
    (D) Its by-laws must require the Board of Directors to include 
representatives of each resident organization or resident council 
involved in establishing the corporation.
    (E) Its voting members must be residents of the development or 
developments it manages.
    (F) It must be approved by the resident council. If there is no 
council, a majority of the households of the development must approve 
the establishment of such an organization to determine the feasibility 
of establishing a corporation to manage the development.
    (G) It may serve as both the resident management corporation and 
the resident council, so long as the corporation meets the requirements 
of 24 CFR part 964 for a resident council. (In the case of a resident 
management corporation for an Indian Housing Authority, it may serve as 
both the RMC and the RO, so long as the corporation meets the 
requirements of this NOFA for a resident organization.)
    (iv) Applicants are eligible to apply to receive technical 
assistance if they are already receiving technical assistance under 
this program, as long as the request creates no scheduling conflict 
with other TA requests from the same applicant.
    (v) Applicants are eligible to apply to receive technical 
assistance whether or not they are already receiving drug elimination 
funds under the Public and Indian Housing Drug Elimination Program.
    (vi)(A) In circumstances determined by HUD to be crime and drug-
related and to require immediate attention because of drug and crime 
issues, eligible parties may receive technical assistance initiated and 
approved by HUD. These circumstances may include, for example:
    (1) HAs unsuccessful in gaining Drug Elimination or Youth Sports 
Program grants;
    (2) Applicants which have a demonstrated inability to explain their 
local drug or crime circumstances;
    (3) Applicants with a demonstrated inability to identify or develop 
potential solutions to their local drug or crime problem;
    (4) Applicants unable to develop local anti-drug, anti-crime 
partnerships;
    (5) The need for training;
    (6) Pervasive drug-related violence; and
    (7) Disputes among tenants and disputes between tenants and 
management that are related to these issues.
    (B) In instances of HUD-initiated TA, HUD staff requesting the TA 
will be required to explain the situation of the targeted housing 
authority or qualified resident council in terms of the three selection 
criteria outlined in section I.(d) of this NOFA which will be 
documented in the file, and used to choose a consultant and design and 
target the TA.
    (vii) The applicant must have substantially complied with the laws, 
regulations, and Executive Orders applicable to the Drug Elimination TA 
Program, including applicable civil rights laws. Noncompliance may be 
evidenced by:
    (A) An outstanding finding of civil rights noncompliance, unless 
the applicant demonstrates that it is operating in compliance with a 
HUD-approved compliance agreement designed to correct the area(s) of 
noncompliance;
    (B) An adjudication of a civil rights violation in a civil action 
brought

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against it by a private individual, unless the applicant demonstrates 
that it is operating in compliance with a court order designed to 
correct the area(s) of noncompliance;
    (C) A deferral of Federal funding based upon civil rights 
violations;
    (D) A pending civil rights suit brought against it by the 
Department of Justice; or
    (E) An unresolved charge of discrimination issued against it by the 
Secretary under section 810(g) of the Fair Housing Act, as implemented 
by 24 CFR 103.400.
    (2) Eligible Consultants. Consultants who want to provide short-
term technical assistance services under this NOFA must be listed in 
the Consultant Database approved by HUD's Crime Prevention and Security 
Division (CPSD). To be included in that database, consultants must 
complete, in accordance with the requirements of section I.(c)(2)(ii), 
below, of this NOFA, a consultant application packet available from the 
Drug Information and Strategy Clearinghouse at (800) 578-3472, or (202) 
708-0850 (TTY), and submit the packet to the address specified in the 
application kit. (The TTY number is not a toll-free number.)
    (i) Consultant eligibility. HUD is seeking individuals or entities 
who have experience working with public or Indian housing or other low-
income populations to provide short-term technical assistance under 
this NOFA. Consultants who have previously been deemed eligible and are 
part of the TA Consultant Database need not reapply, but they are 
encouraged to update their file with more recent experience and rate 
justification. To qualify as eligible consultants, individuals or 
entities should have experience in one or more of the following general 
areas:
    (A) PHA/IHA-related experience with:
    (1) Agency organization and management;
    (2) Facility operations;
    (3) Program development; and
    (4) Experience working with residents and community organizations.
    (B) Anti-crime- and anti-drug related experience with:
    (1) Prevention/intervention programs;
    (2) Enforcement strategies; and
    (C) Experience as an independent consultant, or as a consultant 
working with a firm with related experience and understanding of on-
site work requirements, contractual, reporting and billing 
requirements.
    (D) HUD is especially interested in encouraging TA consultant 
applications from persons who are qualified in the following 
professional areas:
    (1) Lease, screening and grievance procedures;
    (2) Defensible space, security and environmental design;
    (3) Parenting, peer support groups and youth leadership;
    (4) Career planning, job training, tutoring and entrepreneurship;
    (5) Community policing, neighborhood watch and anti-gang work; and
    (6) Resident organizing, involvement, and relations with 
management.
    (E) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs, 
incorporated resident councils and resident organizations, and public 
and Indian housing residents, with experience in the above areas, to 
submit a consultant application for eligibility under this NOFA. 
Eligible consultants will be entered into the Consultant Database for 
possible recommendation to technical assistance applicants.
    (ii) Applying to be a consultant. Individuals or entities 
interested in being listed in the TA Consultant Database should prepare 
their applications and send them to the address specified in the 
application kit. Before they can be entered into the Consultant 
Database, consultants must submit an application that includes the 
following information:
    (A) The Consultant Resource Inventory Questionnaire, including at 
least three written references, all related to the general areas listed 
above in sections I.(c)(2)(A)-(C). One or two of the written references 
must relate to work for a public or Indian housing authority, RC, RO or 
RMC;
    (B) A resume;
    (C) Evidence submitted by the consultant to HUD that documents the 
standard daily fee previously paid to the consultant for technical 
assistance services similar to those requested under this NOFA.
    (1) For consultants who can justify up to the equivalent of ES-IV 
per day, this evidence may include an accountant's statement, W-2 Wage 
Statements, or payment statements, and it should be supplemented with a 
signed statement or other evidence from the employer of days worked in 
the course of the particular project (for a payment statement) or the 
tax year (for a W-2 Statement).
    (2) For consultants who can justify above the equivalent of ES-IV 
per day, there must be three forms of documentation of the daily rate:
    (i) A previous invoice and payment statement showing the daily rate 
charged and paid, or the overall amount paid and the number of days for 
work of a similar nature to that offered in this TA program;
    (ii) A certified accountant's statement outlining the daily rate 
with an explanation of how the rate was calculated by the accountant. 
This should include at a minimum the total number of jobs of a similar 
nature completed by the consultant in the past 12 months, an 
explanation of the specific jobs used to calculate the rate, and the 
daily rates for each of the jobs used to justify the rate; and
    (iii) A signed statement from the consultant that the certified 
daily rate was charged for work of a nature similar to that being 
provided for the Drug Elimination Technical Assistance Program. The 
accountant must be able to demonstrate independence from the 
consultant's business.
    (iii) Working and billing in the TA program. No one individual may 
have active at one time any more than three contracts or purchase 
orders. If an individual is working as a member of a multi-person firm, 
the key individual for the specific contract must be listed on the 
contract as the key point of contact. The key point of contact must be 
on-site more hours than any other contracted staff billing to the 
purchase order, and that individual may have no more than three 
purchase orders active at the same time.
    (iv) Consultant payment. HUD will determine a specific fee to pay a 
consultant under this NOFA based upon the evidence submitted in section 
I(c)(2)(ii)(C), above, of this NOFA.
    (v) Conflicts of interest. In addition to the conflict of interest 
requirements in 24 CFR part 85:
    (A) No person who is an employee, agent, officer, or appointed 
official of the applicant may be funded as a consultant to the 
applicant by this Drug Elimination Technical Assistance Program.
    (B) Consultants who wish to provide drug elimination technical 
assistance services through this program may not have any involvement 
in the preparation or submission of the TA proposal that requests their 
services. Any involvement of the consultant will be considered a 
conflict of interest, which makes the consultant ineligible for 
providing consulting services to the applicant and could disqualify the 
consultant from future consideration. This prohibition includes the 
preparation and distribution of prepared generic or sample 
applications, if HUD determines that any application by a HA, RC, RO or 
RMC duplicates a sufficient amount of any prepared sample to raise 
issues of possible conflict of interest.
    (C) Consultants may no longer be requested by name in any 
application.

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HUD will recommend consultants considering at least three elements 
including previous experience, proximity and cost. Section I.(e)(2)(ii) 
of this NOFA explains this further.
    (3) Eligible Activities. To assist the eligible applicants 
identified in section I.(c)(1), above, of this NOFA, in responding 
immediately to drug-related problems in public and Indian housing 
developments, HUD has supplemented the Public and Indian Housing Drug 
Elimination Program (PHDEP) and Youth Sports Program (YSP) with funds 
for short-term technical assistance. Short-term technical assistance 
means that consultants shall only be reimbursed for a maximum of 30 
days of work, which must be completed in less than 90 days from the 
date of the approved statement of work. The TA program is intended to 
provide short-term, immediate assistance to PHAs, IHAs, RMCs, RCs, and 
ROs in developing and/or implementing their strategies to eliminate 
drugs and drug-related crime. The program will fund the use of 
consultants who can provide the necessary consultation and/or training 
for the types of activities outlined below. HUD will fund the use of 
consultants who will assist the applicant in undertaking a task such as 
program planning and development for future strategies to eliminate 
drugs and drug-related crime, or conducting a needs assessment or 
survey. The TA program also funds efforts in:
    (i) Assessing drug problems in public or Indian housing 
development(s) and surrounding community(ies);
    (ii) Designing and identifying appropriate anti- crime- and anti-
drug related practices and programs in the following areas:
    (A) Law enforcement strategies, including negotiating with the 
local police, working with Federal law enforcement, Operation Safe 
Home, Weed and Seed, and other federal anti-crime efforts;
    (B) Resident involvement in all aspects of the local anti-drug, 
anti-crime activities;
    (C) Youth initiatives;
    (D) Resident Patrols;
    (E) Security and physical design;
    (F) Community organization and leadership development; and
    (G) Other areas that meet the purposes of eliminating drugs and 
drug-related crime described in this NOFA, as determined by HUD.
    (iii) Training for housing authority staff and residents in anti-
crime and anti-drug practices, programs, and management;
    (iv) Improving overall agency management, operations, and 
programming so that the applicant can more effectively respond to crime 
and drug problems in the targeted public housing development(s).
    (4) Ineligible Activities. (i) Funding is not permitted for any 
type of monetary compensation for residents unless the residents are 
listed in the TA Consultant Database and are working as consultants.
    (ii) Funding is not permitted for any activity that is funded under 
any other HUD program; including TA and training for the incorporation 
of resident councils or RMCs, and other management activities.
    (iii) Funding is not permitted for salary or fees to the staff of 
the applicant, or former staff of the applicant within a year of his or 
her leaving the housing authority or resident organization.
    (iv) Funding is not permitted for underwriting conferences.
    (v) Funding is not permitted for conference speakers unless the 
speaker will also be providing additional TA as outlined in the 
eligible activities in sections I.(c)(3) (i)-(iv), above, of this NOFA.
    (vi) Funding is not permitted for program implementation, proposal 
writing, the purchase of hardware or equipment, or any activities 
deemed ineligible in the Drug Elimination Program, excluding 
consultant's fees.
    (5) General Program Requirements. (i) Applications for short-term 
technical assistance may be funded up to $15,000 per request, with HUD 
providing payment directly to the authorized consultant for the 
consultant's fee, travel, room and board, and other approved costs.
    (ii) For technical assistance initiated by HUD, the TA may be for 
any amount up to $25,000.
    (iii) Applicants that have not previously received technical 
assistance under this program may submit only one application 
initially. After the applicant's initial technical assistance report 
has been received and reviewed by HUD or the contractor administering 
the program, as appropriate, the applicant may submit multiple 
applications. For TA initiated by HUD an applicant may have more than 
one TA opportunity active at the same time.
    (iv) Applications must be signed and certified by both the 
Executive Director and a resident leader, certifying the following:
    (A) That a copy of the application was sent to the local HUD Field 
Office, Director of Public Housing Division, or Administrator, Office 
of Native American Programs; and
    (B) That the application was reviewed by both the Housing Authority 
Executive Director, and a resident leader.

(d) Selection Criteria/Rating Factors

    An application must include the minimum required elements and 
cannot request assistance for ineligible activities as listed in 
section I.(c)(4), above, of this NOFA. If HUD receives more than one 
application from a HA, or group of RCs, ROs, or RMCs in proximity to 
one another, HUD may exercise discretion to consider any two or more 
applications as one, recommending one or more consultants and executing 
contracts for any combination of applications. As an example, if three 
resident councils at one HA, or three HAs within one geographic area 
submit three separate TA applications within the same period of time, 
HUD may contract with one, two or three consultants to carry out the 
work, as HUD determines the best use of HUD funds, and the best 
outcomes for the applicants. Applications will be scored according to 
the criteria outlined below. Applicants must address the specific 
questions directly as listed below.
    (1)(i) The extent to which the applicant needs short-term technical 
assistance. This will be measured by the applicant's discussion of the 
problems that triggered the request for assistance under this NOFA. 
(Maximum points: 5) For the maximum of five points allowed for this 
criterion, the discussion must include answers to each of the following 
questions:
    (A) What is the nature of the drug-related crime problem in your 
community in terms of the extent of such crime, the types of crime, and 
the types of drugs being used?
    (B) What is the nature of the housing authority's working 
relationships with law enforcement agencies, particularly local 
agencies, and indicate if and how TA funds will be used to improve 
those relationships?
    (C) Are housing authority residents selling or using drugs, or 
committing the crimes? What about non-residents?
    (D) What type of problems are you requesting assistance for in this 
application?
    (E) How are those problems related to the drug and drug-related 
crime problems outlined above?
    (ii) If the applicant cannot provide answers to each of these 
questions, but wishes to receive the maximum of five points allowed for 
this criterion, the applicant's discussion for this criterion must 
include answers to each of the following questions:

[[Page 28580]]

    (A) What prevents you from identifying the problems?
    (B) What prevents you from describing the problems?
    (C) What prevents you from measuring the problems? (Maximum points: 
5)
    (2) The extent to which the applicant clearly describes the kind of 
technical assistance and skills needed to address the problems, and how 
well the technical assistance requested will address the problems. To 
receive the maximum of five points, the discussion for this criterion 
must address each of the following:
    (i) Describe what you would like a consultant to do to help you 
with the problems outlined in Factor One.
    (ii) Whom would you like the consultant to meet when the consultant 
is on-site?
    (iii) What do you want the consultant to do when on-site?
    (iv) What do you want in place after the consultant is finished on-
site? (Maximum points: 5)
    (3) The likelihood that the requested technical assistance will 
assist the applicant's current strategy to eliminate drugs and drug-
related crime, as described in the application; or, if the applicant 
does not currently have a strategy, the extent to which the technical 
assistance will help them develop a strategy to eliminate drugs and 
drug-related crime. To receive the maximum of five points, the 
discussion for this criterion must address each of the following:
    (i) Describe the steps you and your organization are currently 
taking to measure, understand or address the drug-related crime problem 
in your development or housing authority.
    (ii) How will the proposed assistance support these efforts?
    (iii) Describe how the proposed assistance will allow you to 
develop an anti-drug, anti-crime strategy; or describe how the proposed 
assistance fits into your current strategy. (Maximum points: 5)

(e) Application Review, Awards, and Payment

    (1) Application Review. Applications for Technical Assistance will 
be reviewed and scored as they are received. Consultant applications 
will be received throughout the year with no deadline. A TA application 
must include both the descriptive letter (or form provided in the 
application kit) and certification statement (or form provided in the 
application kit) to be eligible for funding. All applications that 
qualify on the basis of the minimum required elements will be scored on 
the basis of the selection criteria in section I.(d), above, of this 
NOFA. Applications must receive a total of 8 or more points, with no 
less than 2 points in any of the three selection criteria in section 
I.(d), above, of this NOFA to be eligible for funding. Eligible 
applications will be funded in the order in which negotiations for a 
statement of work are completed between the consultant and the program 
administrator until all funds are expended. The basis for each funding 
decision under this section will be documented.
    (2) Application Awards.
    (i) If the application includes the descriptive letter (or forms) 
requesting eligible activities, the certification statements (or form), 
and scores at least 8 points as described in section I.(e)(1), above, 
of this NOFA, it is eligible for funding. If sufficient funds are 
available to fund the technical assistance request, staff will confer 
with the applicant to confirm the work requirements.
    (ii) If HUD receives more than one application from a HA, or group 
of RCs, ROs or RMCs in proximity to one another, HUD may exercise 
discretion to consider any two or more applications as one, assuming 
that the applications are received at the same time, or prior to 
approval by the Office of Finance and Accounting and the Office of 
Procurement and Contracts, executing the contract, and providing 
notification to the consultant to proceed to work. The TA Consultant 
Database will be searched to choose at least three consultants who: (1) 
Have a principal place of business or residence located within a 
reasonable distance from the applicant, as determined by HUD or its 
agent; or (2) appear to have the requisite knowledge and skills to 
assist the applicant in addressing its needs. An employee of a housing 
agency (HA) may not serve as a consultant to his or her employer. An HA 
employee who serves as a consultant to someone other than his or her 
employer must be on annual leave to receive the consultant fee. 
Applicants may not request any specific consultant. A list of the 
suggested consultants will be forwarded to the applicant. From this 
list, the applicant will recommend a consultant to provide the 
requested technical assistance. Instructions for consultants who wish 
to be included in the TA Consultant Database are outlined above in 
section I.(c)(2)(ii) of this NOFA.
    (iii) The applicant must contact three TA consultants from the list 
provided. HUD may request confirmation from each recommended consultant 
to ensure that the three consultants have been contacted by the 
applicant. If HUD determines that any consultant was not contacted, HUD 
may consider the recommendation by the applicant void, and can choose a 
consultant independent of the applicant. After making contact with each 
consultant, the applicant must send a written justification to HUD with 
a list of the consultants in order of preference, indicating any that 
are unacceptable, and stating the reasons for its preference. If the 
applicant does not provide HUD the written justification of consultant 
choice within the period requested, HUD will make its own choice of a 
consultant and proceed to negotiate a statement of work with the 
consultant. There is no guarantee that the applicant's first preference 
will be approved. Consultants will only be approved for the TA if the 
request is not in conflict with other requests for the consultant's 
services.
    (iv) Staff designated by HUD will work with the consultant and 
applicant to develop a statement of work that includes a timeline and 
estimated budget. The statement of work should also include a 
discussion of the kind of technical assistance and skills needed to 
address the problem, and how the technical assistance requested will 
address these needs; and a description of the current crime and drug 
elimination strategy, and how the requested technical assistance will 
assist that strategy. If the applicant does not currently have a 
strategy, there should be a statement of how the technical assistance 
will help them develop a crime and drug elimination strategy. When HUD 
has completed the authorization to begin work, the consultant will be 
contacted to start work. The consultant must receive written 
authorization from HUD or its authorized agent before he or she can 
begin to provide technical assistance under this NOFA. The applicant 
and the relevant Field Office or Office of Native American Programs 
will also be notified. Because this program is for short-term technical 
assistance, consultants shall only be reimbursed for a maximum of 30 
days of work, which must be completed in fewer than 90 days from the 
date of the approved statement of work. Work begun before the 
authorized date will be considered unauthorized work and may not be 
compensated by the Department.
    (3) TA Consultant Work and Reports. HUD is working to improve the 
quality of TA consultant reports and invoices and has added 
requirements to improve the quality of reports and invoices, both for 
the benefit of the applicant, and for a record that will reflect the 
level of funds expended for the services. Reports

[[Page 28581]]

and invoices which do not include the new elements or meet the new 
standard will be returned to the consultant. If HUD returns a 
disapproved report or invoice to a consultant, HUD may withhold up to 
25 percent of the payment requested by the consultant, or authorized in 
the purchase order, for the related work. HUD may also deny further 
work to the consultant in the TA program until the report or invoice is 
accepted by HUD. Examples of reports and invoices considered reasonable 
by HUD are available from the Drug Information and Strategy 
Clearinghouse, at 1-800-578-3472. Consultants are encouraged to obtain 
copies and use these as models before submitting an invoice or report 
in FY 1997. Previously acceptable standards may no longer be accepted 
by HUD.
    (4) Payment of TA Consultants. The consultant must submit a report 
of its activities, findings and recommendations, a fee invoice, and 
expenses and original receipts to the address specified in the 
application kit. A copy of the report must also be submitted to the 
applicant. A revised version of the ``Guidelines for Consultants'' 
book, available from the Clearinghouse, describes the required elements 
of these reports. These required elements have changed from previous 
years and consultants are encouraged to review them closely to make 
sure all invoices and reports follow the new guidelines before 
submitting an invoice or report. After the report and expenses have 
been approved, and a verbal or written evaluation is received from the 
applicant, payment will be issued to the consultant.

II. Application Process

    (a) Application Kit. An application kit may be obtained from the 
local HUD Field Office or Office of Native American Programs, or by 
calling HUD's Drug Information and Strategy Clearinghouse at (800) 578-
3472 or (202) 708-0850 (TTY) (The TTY number is not a toll-free 
number). The application kit contains information on all exhibits and 
requirements of this NOFA. Requirements in the new FY 1997 Application 
Kit have changed from previous years and applicants are encouraged to 
carefully review the requirements to make sure that the application 
meets all requirements before submission.
    (b) Application Submission. This NOFA is effective upon 
publication. Short-term (90 days for completion) technical assistance 
applications and consultant application kits may be immediately 
submitted to the address specified in the application kit. The 
application submission deadline for the short-term technical assistance 
grants available under this NOFA is June 30, 1997. Technical assistance 
applications will be reviewed on a continuing first-come, first-served 
basis, until funds under this NOFA are no longer available or until 
June 30, 1997. Applicants are encouraged to submit their applications 
as early as possible in the fiscal year.
    (1) An applicant must submit the application and the necessary 
assurances to the address specified in the application kit.
    (2) In addition, applicants must simultaneously forward a copy of 
these documents to the HUD Field Office or Office of Native American 
Programs with jurisdiction over the relevant housing authority. This 
copy must be addressed to Director, Division of Public Housing, or 
Administrator, Office of Native American Programs, as appropriate.

III. Checklist of Application Submission Requirements

    Each application for a grant under this program must include the 
following:
    (a) An application will not be considered for funding unless it 
includes, at a minimum, the following elements:
    (1) An application letter of no more than four pages that responds 
to each of the selection criteria in section I(d), above, of this NOFA, 
or the completed application forms available in the application kit; 
and
    (2) A certification statement, or the form provided in the 
application kit, signed by the executive director of the housing 
authority and the authorized representative of the RMC or incorporated 
RC or RO, certifying that any technical assistance received will be 
used in compliance with all requirements in the NOFA, including those 
outlined in I(a)(3)-(4); and
    (b) A completed and signed HUD Form 2880.

IV. Corrections to Deficient Applications

    (a) HUD will notify an applicant, in writing or by telephone, of 
any curable technical deficiencies, such as a missing signature in the 
application. A log of telephone notifications will be maintained. The 
applicant must correct the deficiency in accordance with the 
information specified in HUD's notification. The application will not 
be given further consideration until the deficiency is corrected.
    (b) Curable technical deficiencies relate to items that are not 
necessary to make a determination of an applicant's eligibility. The 
items necessary for this determination are listed at section III.(a), 
above, of this NOFA, although missing signatures on the application 
letter, certification, or forms are curable.

V. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements contained in this Notice 
have been submitted to the Office of Management and Budget, in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). 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. The OMB control number, 
when assigned, will be announced by separate notice in the Federal 
Register.

Nondiscrimination and Equal Opportunity

    The following nondiscrimination and equal opportunity requirements 
apply:
    (1) The requirements of title VIII of the Civil Rights Act of 1968 
(42 U.S.C. 3600-20) (Fair Housing Act) and implementing regulations 
issued at subchapter A of title 24 of the Code of Federal Regulations, 
as amended by 54 FR 3232 (published January 23, 1989); Executive Order 
11063 (Equal Opportunity in Housing) and implementing regulations at 24 
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and 
implementing regulations issued at 24 CFR part 1;
    (2) The Indian Civil Rights Act (title II of the Civil Rights Act 
of 1968) (25 U.S.C. 1301-1303) (ICRA) provides that no Indian tribe in 
exercising powers of self-government shall deny to any person within 
its jurisdiction the equal protection of its laws or deprive any person 
of liberty or property without due process of law. The Indian Civil 
Rights Act applies to any tribe, band, or other group of Indians 
subject to the jurisdiction of the United States in the exercise of 
recognized powers of self-government. The ICRA is applicable in all 
cases where an IHA has been established by exercise of tribal powers of 
self-government.
    (3) The prohibitions against discrimination on the basis of age 
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and 
implementing regulations at 24 CFR part 146, and the prohibitions 
against discrimination against individuals with disabilities under 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and

[[Page 28582]]

implementing regulations at 24 CFR part 8;
    (4) The requirements of Executive Order 11246 (Equal Employment 
Opportunity) and the regulations issued under the Order at 41 CFR 
Chapter 60;
    (5) The requirements of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12131) and implementing regulations at 29 CFR part 1640, 28 
CFR part 35, and 28 CFR part 36.
    (6) The requirements of Executive Orders 11625, 12432, and 12138. 
Consistent with HUD's responsibilities under these Orders, recipients 
must make efforts to encourage the use of minority and women's business 
enterprises in connection with funded activities.

Use of Debarred, Suspended, or Ineligible Contractors

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

Drug-Free Workplace Act of 1988

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

Environmental Impact

    This NOFA does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate property 
acquisition, disposition, lease, rehabilitation, alteration, 
demolition, or new construction, or set out or provide for standards 
for construction or construction materials, manufactured housing, or 
occupancy. Accordingly, under 24 CFR 50.19(c)(1), this NOFA is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321). In 
addition, the provision of assistance under this NOFA is categorically 
excluded from review in accordance with 24 CFR 50.19(b)(9).

Federalism Impact

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

Catalog of Federal Domestic Assistance Number

    The Catalog of Federal Domestic Assistance Number for this program 
is 14.854.

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

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (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 (57 FR 1942), HUD 
published 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:
    (1) Documentation and Public Access. HUD will ensure that 
documentation and other information regarding each application 
submitted pursuant to this NOFA are sufficient to indicate the basis 
upon which assistance was provided or denied. This material, including 
any letters of support, will be made available for public inspection 
for a five-year period beginning not less than 30 days after the award 
of the assistance. Material will be made available in accordance with 
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 
regulations at 24 CFR part 15. In addition, HUD will include the 
recipients of assistance pursuant to this NOFA in its Federal Register 
notice of all recipients of HUD assistance awarded on a competitive 
basis.
    (2) HUD responsibilities--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.

Section 103 HUD Reform Act

    HUD's regulation implementing section 103 of the HUD Reform Act, 
codified as 24 CFR part 4, applies to the funding competition announced 
today. The requirements of the rule continue to apply until the 
announcement of the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have ethics related questions should contact HUD's 
Ethics Law Division (202) 708-3815 (This is not a toll-free number.)

Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (The ``Byrd Amendment'') and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
recipients of federal contracts, grants, or loans from using 
appropriated funds for lobbying the Executive or Legislative branches 
of the federal government in connection with a specific contract, 
grant, or loan. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying.
    Under 24 CFR part 87, applicants, recipients, and subrecipients of 
assistance exceeding $100,000 must certify that no federal funds have 
been or will be spent on lobbying activities in connection with the 
assistance. Indian Housing Authorities established by an Indian Tribe 
as a result of the exercise of their sovereign power are excluded from 
coverage, but IHAs established under state law are not excluded from 
coverage.


[[Page 28583]]


    Dated: May 16, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary, Office of Public and Indian Housing.
[FR Doc. 97-13519 Filed 5-22-97; 8:45 am]
BILLING CODE 4210-33-P