[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Notices]
[Pages 2396-2420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-131]



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Part III





Department of Housing and Urban Development





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Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding Availability 
(NOFA); Policy Requirements and General Section to the FY2007 SuperNOFA 
for HUD's Discretionary Programs; Notice

  Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5100-N-01]


Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding 
Availability (NOFA) Policy Requirements and General Section to the 
FY2007 SuperNOFA for HUD's Discretionary Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of HUD's FY2007 NOFA Policy Requirements and General 
Section to the FY2007 SuperNOFA for HUD's Discretionary Programs 
(notice).

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SUMMARY: This notice provides prospective applicants for HUD 
competitive funding with the opportunity to become familiar with the 
General Section of HUD's FY2007 SuperNOFA, in advance of publication of 
the FY2007 SuperNOFA. HUD plans to publish its annual SuperNOFA early 
in 2007. Early publication of the General Section is one of several 
steps instituted to improve the funding process for the grantee 
community. Early publication of the General Section gives prospective 
applicants additional time to become familiar with and address 
provisions in the General Section, which constitute part of almost 
every individual program application. HUD will publish with the 
SuperNOFA any changes to this General Section made after today's 
publication.
    HUD will continue to require that applicants submit their 
applications electronically via Grants.gov. To submit an application 
via Grants.gov, new users will be required to complete a five-step 
registration process, which can take 2 to 4 weeks to complete. The 
process includes ensuring that information provided by your 
organization to Dun and Bradstreet (D&B) matches information previously 
provided by your organization and contained in Internal Revenue Service 
(IRS) records. If there is a discrepancy in the information, the 
registration cannot be completed until discrepancy issues are resolved. 
Applicants that are already registered have to update the information 
previously provided in the Central Contractor Registration (CCR). 
During the update process, the CCR will check the D&B information 
against the IRS records for your organization. If there are 
discrepancies, the update cannot be completed until the discrepancies 
are resolved. Please allow adequate time to resolve any registration 
issues. To submit an application to HUD, the Authorized Organization 
Representative (AOR) must be able to make a legally binding agreement 
for the organizational entity. Please see detailed registration 
instructions in Section IV.B. of this notice.
    For FY2007, the Continuum of Care applications are the lone 
SuperNOFA paper applications that HUD will accept without first 
granting a waiver. Continuum of Care applicants should be aware that 
HUD intends to have the Continuum of Care applicants applying via 
Grants.gov no later than FY2008. Therefore, it is in the interest of 
Continuum of Care applicants to complete the Grants.gov registration 
process in anticipation of moving to electronic application submission 
in 2008. Continuum of Care agencies would benefit from becoming 
familiar with the Grants.gov filing requirements so that they do not 
limit their ability to apply for funding from federal sources. HUD 
recommends that all prospective applicants take the time to carefully 
read the Federal Register notice published on October 31, 2006, 
entitled ``Notice of Opportunity to Register Early and other Important 
Information for Electronic Application Submission via Grants.gov'' and 
register prior to the publication of the Program Sections of the FY2007 
SuperNOFA. The early registration notice can be found on HUD's Web site 
at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.

FOR FURTHER INFORMATION CONTACT: Office of Departmental Grants 
Management and Oversight, Office of Administration, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 3156, 
Washington, DC 20410-5000; telephone number (202) 708-0667. Persons 
with hearing or speech impairments may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Each year, HUD strives to improve its 
competitive funding process. In FY 2005, HUD successfully migrated a 
majority of its funding opportunities to electronic application 
submission. In FY 2006, over 99 percent of applicants successfully 
submitted applications electronically for HUD's grant programs. While a 
majority of HUD's applicants were able to make the transition to 
electronic government, HUD wants to enable all applicants to make the 
transition. To ease concerns, HUD has developed a Desktop User Guide 
for Submitting Electronic Grant Applications. The user guide provides 
step-by-step details and screen shots of the entire registration and 
application submission process, including troubleshooting application 
submission errors. HUD updates the guide regularly and it is available 
at http://www.hud.gov/offices/adm/grants/deskuserguide.pdf.
    In addition, HUD's Early Registration Notice provides step-by-step 
instructions for applicants who must register with Grants.gov and also 
provides renewal instructions for those who have previously registered. 
The renewal instructions are simple and easy to follow, but must be 
completed before an applicant's registration in the CCR expires. 
Failure to update the registration in the CCR will require an applicant 
to go through the entire registration process again. As part of the CCR 
renewal process, CCR checks the information provided to Dun and 
Bradstreet (D&B) against IRS records. If a discrepancy in the 
information is found, the applicant must correct the discrepancy before 
the renewal process can be completed. Applicants are urged to check the 
information they provided to D&B, CCR, and the IRS to ensure 
consistency. HUD believes that early publication of the General Section 
is beneficial to prospective applicants by providing advance notice of 
the Department's threshold requirements, strategic goals, policy 
priorities, and other comprehensive requirements that are applicable to 
almost every individual NOFA that comprises the SuperNOFA. The General 
Section, as in the past, is structured to refer the reader to the 
individual program NOFAs. Although the program NOFAs are not being 
published at this time, the references are retained. This way, when the 
Program Sections of the FY2007 SuperNOFA are published, they will be 
fully reconciled with the General Section, as has been the case since 
1998 when the SuperNOFA was first published. Applicants interested in 
receiving e-mail notification of the availability of the program 
sections should go to http://www.grants.gov/applicants/email_subscription.jsp and sign up for e-mail notification of funding 
opportunities. By doing so, you will receive an e-mail as soon as the 
program NOFA portion of the SuperNOFA is available on Grants.gov.
    It is HUD's intent to have every applicant (the exception being 
Continuum of Care applicants who will still be submitting paper 
applications in FY 2007) successfully submit an electronic application 
via Grants.gov in FY 2007. You can help HUD improve its outreach and 
program NOFAs by providing feedback on ways it can improve the 
SuperNOFA process. Please note that each application contains a ``You 
Are Our Client'' survey questionnaire. HUD requests that you respond to 
this survey to let the Department know what improvements

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have been beneficial and to share your ideas on where improvements can 
continue to be made. HUD carefully considers the comments received from 
its clients and continually strives to improve each year's SuperNOFA 
and its funding process. This publication includes a list of programs 
anticipated to be in the FY2007 SuperNOFA, subject to the availability 
of funds. The program NOFA portion of the SuperNOFA will include any 
changes made to this listing and provide projected funding available 
and application deadline dates.
    HUD hopes that the steps that it has taken to provide information 
early in the FY2007 funding process and SuperNOFA requirements will be 
of benefit to you, our applicants.

    Dated: January 4, 2007.
Roy A. Bernardi,
Deputy Secretary.

Overview Information

    A. Federal Agency Name: Department of Housing and Urban Development 
(HUD), Office of the Secretary.
    B. Funding Opportunity Title: Policy requirements applicable to all 
HUD NOFAs published during FY2007.
    C. Announcement Type: Initial announcement of the general policy 
requirements that apply to all HUD federal financial assistance NOFAs 
for FY2007 issued simultaneous with or after the publication of this 
notice.
    D. Funding Opportunity Number: FR 5100-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA 
number is provided for each HUD federal financial assistance program. 
When using ``Apply Step 1'' on the Grants.gov Web site to download an 
application, you will be asked for the CFDA number. Please refer to the 
program NOFA for the CFDA number assigned to the program(s) for which 
you wish to apply. Use only the CFDA number, the Funding Competition 
Identification Number, OR the Funding Opportunity Number when using the 
search feature on Grants.gov. Using more than one of these items will 
result in an error message indicating that the opportunity cannot be 
found.
    F. Dates: The deadline dates that apply to the federal financial 
assistance made available through HUD's FY2007 SuperNOFA will be found 
in the program NOFAs contained in the published SuperNOFA. HUD is 
currently operating under a Continuing Resolution and it is expected 
that appropriations for FY2007 will be enacted soon. Appendix A to this 
General Section lists the programs that were included in the FY2006 
SuperNOFA. This list should not be understood as a final or 
comprehensive list of the programs that will be published in the FY2007 
SuperNOFA. For example, the Youthbuild program, which was included in 
the FY2006 SuperNOFA, was transferred to the United States Department 
of Labor on September 22, 2006 in accordance with Public Law 109-281 
and will not be included in the FY2007 SuperNOFA. Additionally, FY2007 
appropriations, when enacted, may result in other changes to the list 
of programs issued for FY2007. When published, the SuperNOFA will 
contain a revised Appendix A to the General Section providing the final 
list of programs included in the SuperNOFA, funds available under each 
funding opportunity, and key deadline dates. The contents of Appendix A 
will be based upon the enacted appropriations.
    G. Additional Overview Content Information: Unless otherwise 
stated, HUD's general policy requirements set forth in this notice 
apply to all HUD federal financial assistance made available through 
HUD's FY2007 NOFAs. These policies cover those NOFAs issued through the 
FY2007 SuperNOFA, and those NOFAs issued after publication of the 
SuperNOFA.

Full Text of Announcement

I. Funding Opportunity Description

    This notice describes HUD's FY2007 policy requirements applicable 
to all of HUD's NOFAs published in FY2007. Each such NOFA will contain 
a description of the specific requirements for the program for which 
funding is made available and each will refer to applicable policies 
described in this General Section. Each program NOFA will also describe 
additional procedures and requirements that apply to the individual 
program NOFA, including a description of the eligible applicants, 
eligible activities, threshold requirements, factors for award, and any 
additional program requirements or limitations. To adequately address 
all of the application requirements for any program for which you 
intend to apply, please carefully read and respond to both this General 
Section and the individual program NOFAs.
    Authority. HUD's authority for making funding available under its 
FY2007 programs is identified in each program NOFA under this section 
of the General Section.

II. Award Information

    Funding Available. Each program NOFA will identify the estimated 
amount of funds available in FY2007 based on available appropriations 
plus funds from previous years available for award in FY2007. Appendix 
A to this notice contains a chart of the programs that were included in 
the FY2006 SuperNOFA. This list should not be understood as a final or 
comprehensive list of the programs that will be published in the FY2007 
SuperNOFA. For example, the Youthbuild program, which was included in 
the FY2006 SuperNOFA, was transferred to the United States Department 
of Labor on September 22, 2006 in accordance with Public Law 109-281 
and will not be included in the FY2007 SuperNOFA. Additionally, FY2007 
appropriations, when enacted, may result in other changes to the list 
of programs issued for FY2007. When published, the SuperNOFA will 
contain a revised Appendix A to the General Section providing the final 
list of programs included in the SuperNOFA, funds available under each 
funding opportunity, and key deadline dates. The contents of Appendix A 
will be based upon the enacted appropriations. Note that additional 
program NOFAs may be published separately from the FY2007 SuperNOFA.

III. Eligibility Information

A. Eligible Applicants

    The individual program NOFAs describe the eligible applicants and 
eligible activities for each program.

B. Cost Sharing or Matching

    The individual program NOFAs describe the applicable cost sharing, 
matching requirements, or leveraging requirements related to each 
program, if any. Although matching or cost sharing may not be required, 
HUD programs often encourage applicants to leverage grant funds with 
other funding in order to receive higher rating points.

C. Other Requirements and Procedures Applicable to All Programs

    Except as may be modified in the individual program NOFAs, the 
requirements, procedures, and principles listed below apply to all HUD 
programs in FY2007 for which funding is announced by NOFA and published 
in the Federal Register. Please read the individual program NOFAs for 
additional requirements and information.
    1. Statutory and Regulatory Requirements. To be eligible for 
funding under HUD NOFAs issued during FY2007, applicants must meet all 
statutory and regulatory requirements applicable to the program or 
programs

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for which they seek funding. Applicants requiring program regulations 
may obtain them from the NOFA Information Center or through HUD's 
Grants Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. See the individual program NOFAs for instructions on 
how HUD will respond to proposed activities that are ineligible.
    2. Threshold Requirements
    a. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number 
Requirement. All applicants seeking funding directly from HUD must 
obtain a DUNS number and include the number in its Application for 
Federal Assistance submission. Failure to provide a DUNS number will 
prevent you from obtaining an award, regardless of whether it is a new 
award or renewal of an existing one. This policy is pursuant to the 
Office of Management and Budget (OMB) policy issued in the Federal 
Register on June 27, 2003 (68 FR 38402). HUD published its regulation 
implementing the DUNS number requirement on November 9, 2004 (69 FR 
65024). A copy of the OMB Federal Register notice and HUD's regulation 
implementing the DUNS number can be found on HUD's Web site at 
www.hud.gov/offices/adm/grants/duns.cfm.
    c. Compliance with Fair Housing and Civil Rights Laws
    (1) With the exception of federally recognized Indian tribes and 
their instrumentalities, applicants must comply with all applicable 
fair housing and civil rights requirements in 24 CFR 5.105(a). If you 
are a federally recognized Indian tribe, you must comply with the 
nondiscrimination provisions enumerated at 24 CFR 1000.12, as 
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program 
NOFAs.
    (2) If you, the applicant:
    (a) Have been charged with an ongoing systemic violation of the 
Fair Housing Act; or
    (b) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an ongoing pattern or practice of 
discrimination; or
    (c) Have received a letter of findings identifying ongoing systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, Section 
504 of the Rehabilitation Act of 1973, or Section 109 of the Housing 
and Community Development Act of 1974, and the charge, lawsuit, or 
letter of findings referenced in subparagraphs (a), (b), or (c) above 
has not been resolved to HUD's satisfaction before the application 
deadline, then you are ineligible and HUD will not rate and rank your 
application. HUD will determine if actions to resolve the charge, 
lawsuit, or letter of findings taken before the application deadline 
are sufficient to resolve the matter.
    Examples of actions that would normally be considered sufficient to 
resolve the matter include, but are not limited to:
    (i) A voluntary compliance agreement signed by all parties in 
response to a letter of findings;
    (ii) A HUD-approved conciliation agreement signed by all parties;
    (iii) A consent order or consent decree; or
    (iv) An issuance of a judicial ruling or a HUD Administrative Law 
Judge's decision.
    d. Conducting Business in Accordance with Core Values and Ethical 
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 and 85 
(most nonprofit organizations and state, local, and tribal governments 
or government agencies or instrumentalities that receive federal awards 
of financial assistance) are required to develop and maintain a written 
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with 
regulations governing specific programs, your code of conduct must 
prohibit real and apparent conflicts of interest that may arise among 
officers, employees, or agents; prohibit the solicitation and 
acceptance of gifts or gratuities by your officers, employees, or 
agents for their personal benefit in excess of minimal value; and 
outline administrative and disciplinary actions available to remedy 
violations of such standards. Before entering into an agreement with 
HUD, an applicant awarded assistance under a HUD program NOFA announced 
in FY2007 will be required to submit a copy of its code of conduct and 
describe the methods it will use to ensure that all officers, 
employees, and agents of its organization are aware of its code of 
conduct. An applicant is prohibited from receiving an award of funds 
from HUD if it fails to meet this requirement for a code of conduct. An 
applicant who submitted an application during FY2005 or FY2006 and 
included a copy of its code of conduct will not be required to submit 
another copy if the applicant is listed on HUD's Web site http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and if 
the information has not been revised. An applicant not listed on the 
above website must submit a copy of its code of conduct with their 
FY2007 application for assistance. An applicant must also include a 
copy of its code of conduct if the information listed on the above 
website has changed (e.g., the person who submitted the previous 
application is no longer your authorized organization representative, 
the organization has changed its legal name or merged with another 
organization, or the address of the organization has changed, etc.). 
Any applicant that needs to may submit its code of conduct to HUD via 
facsimile using the form HUD-96011, ``Facsimile Transmittal'' (``Third 
Party Documentation Facsimile Transmittal'' on Grants.gov) at the time 
of application submission. When using the facsimile transmittal form, 
please type the requested information. Use the HUD-96011 as the cover 
page to the submission and include the following header in the top line 
of the form under ``Name of Document Being Requested:'' ``Code of 
Conduct for (insert your organization's name, city, and state).'' Fax 
the information to HUD's toll-free number at (800) HUD-1010. If you 
cannot access an 800 number or have problems, you may use (215) 825-
8798 (this is not a toll-free number). HUD updates its code of conduct 
website annually before publishing the SuperNOFA. Therefore, applicants 
that submitted codes of conduct in FY2006 will find that their 
information has been updated and is available online for the FY2007 
application submission time frame.
    e. Delinquent Federal Debts. Consistent with the purpose and intent 
of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), HUD will not award federal 
funds to an applicant that has an outstanding delinquent federal debt 
unless: (1) the delinquent account is paid in full, (2) a negotiated 
repayment schedule is established and the repayment schedule is not 
delinquent, or (3) other arrangements satisfactory to HUD are made 
prior to the deadline date.
    f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system if the 
recommended applicant has no prior federal support, if HUD's program 
officials have reason to question whether the applicant's financial 
management system meets federal financial management standards, or if 
the applicant is considered a high risk based upon past performance or 
financial management findings. HUD will not disburse funds to any 
applicant that does not have a financial management system that meets 
federal standards. (Please see 24 CFR part 84.21 if you are an 
institution of higher

[[Page 2399]]

education, hospital, or other nonprofit organization. See 24 CFR part 
85.20 if you are a state, local government, or federally recognized 
Indian tribe).
    g. Name Check Review. Applicants are subject to a name check review 
process. Name checks are intended to reveal matters that significantly 
reflect on the applicant's management and financial integrity, 
including if any key individual has been convicted or is presently 
facing criminal charges. If the name check reveals significant adverse 
findings that reflect on the business integrity or responsibility of 
the applicant or any key individual, HUD reserves the right to: (1) 
Deny funding or consider suspension or termination of an award 
immediately for cause, (2) require the removal of any key individual 
from association with management or implementation of the award, and 
(3) make appropriate provisions or revisions with respect to the method 
of payment or financial reporting requirements.
    h. False Statements. A false statement in an application is grounds 
for denial or termination of an award and possible punishment as 
provided in 18 U.S.C. 1001.
    i. Prohibition Against Lobbying Activities. Applicants are subject 
to the provisions of Section 319 of Public Law 101-121 (approved 
October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), which 
prohibits 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. In addition, applicants must disclose, using Standard 
Form LLL (SF-LLL), ``Disclosure of Lobbying Activities,'' any funds, 
other than federally appropriated funds, that will be or have been used 
to influence federal employees, members of Congress, or congressional 
staff regarding specific grants or contracts. Federally recognized 
Indian tribes and tribally designated housing entities (TDHEs) 
established by federally recognized Indian tribes as a result of the 
exercise of the tribe's sovereign power are excluded from coverage of 
the Byrd Amendment, but state-recognized Indian tribes and TDHEs 
established only under state law must comply with this requirement. 
Applicants must submit the SF-LLL if they have used or intend to use 
federal funds for lobbying activities.
    j. Debarment and Suspension. In accordance with 24 CFR part 24, no 
award of federal funds may be made to applicants that are presently 
debarred or suspended, or proposed to be debarred or suspended, from 
doing business with the federal government.
    3. Other Threshold Requirements. The individual program NOFAs for 
which you are applying may specify other threshold requirements. 
Additional threshold requirements may be identified in the discussion 
of ``eligibility'' requirements in the individual program NOFAs. If a 
program NOFA requires a certification of consistency with the 
Consolidated Plan and the applicant fails to provide a certification, 
and such failure is not cured as a technical deficiency, HUD will not 
fund the application. If HUD is provided a signed certification 
indicating consistency with the area's approved Consolidated Plan and 
HUD finds that the activities are not consistent with the Consolidated 
Plan, HUD will not fund the inconsistent activities or will deny 
funding the application if a majority of the activities are not 
consistent with the approved Consolidated Plan. The determination not 
to fund an activity or to deny funding may be determined by a number of 
factors, including the number of activities being proposed, the impact 
of the elimination of the activities on the proposal, or the percent of 
the budget allocated to the proposed activities.
    4. Additional Nondiscrimination and Other Requirements. Applicants 
and their subrecipients must comply with:
    a. Civil Rights Laws, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act 
of 1972 (20 U.S.C. 1681 et seq.).
    b. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) 
of the Fair Housing Act, HUD has a statutory duty to affirmatively 
further fair housing. HUD requires the same of its funding recipients. 
If you are a successful applicant, you will have a duty to 
affirmatively further fair housing opportunities for classes protected 
under the Fair Housing Act. Protected classes include race, color, 
national origin, religion, sex, disability, and familial status. Unless 
otherwise instructed in the individual program NOFA, your application 
must include specific steps to:
    (1) Overcome the effects of impediments to fair housing choice that 
were identified in the jurisdiction's Analysis of Impediments (AI) to 
Fair Housing Choice;
    (2) Remedy discrimination in housing; and
    (3) Promote fair housing rights and fair housing choice.
    Further, you, the applicant, have a duty to carry out the specific 
activities provided in your responses to the individual program NOFA 
rating factors that address affirmatively furthering fair housing. 
These requirements apply to all HUD programs announced via a NOFA, 
unless specifically excluded in the individual program NOFA.
    c. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3). Certain programs to be issued during FY2007 require 
recipients of assistance to comply with Section 3 of the Housing and 
Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic 
Opportunities for Low- and Very Low-Income Persons in Connection with 
Assisted Projects), and the HUD regulations at 24 CFR part 135, 
including the reporting requirements at subpart E. Section 3 requires 
recipients to ensure, to the greatest extent feasible, that training, 
employment, and other economic opportunities will be directed to low- 
and very-low income persons, particularly those who are recipients of 
government assistance for housing, and to business concerns that 
provide economic opportunities to low- and very low-income persons in 
the area in which the project is located. Review the individual program 
NOFAs to determine if Section 3 applies to the program for which you 
are seeking funding. Applicants required to comply with Section 3 
requirements must report annually using form HUD-60002 or HUD's online 
system at http://www.hud.gov/offices/fheo/system/index.cfm. 
Copies of form HUD-60002 are available on HUDClips at http://
www.hudclips.org/sub--nonhud/html/nph-
brs.cgi?d=FRMS&s1=hud-
6$[no]&op1=AND&SECT1=TXTHLB&SECT5=FRMS&u=./
forms.htm&p=1&r=3&f=G.
    d. Ensuring the Participation of Small Businesses, Small 
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed 
to ensuring that small businesses, small disadvantaged businesses, and 
women-owned businesses participate fully in HUD's direct contracting 
and in contracting opportunities generated by HUD financial assistance. 
Too often, these businesses still experience difficulty in accessing 
information and in successfully bidding on federal contracts. State, 
local, and tribal governments are required by 24 CFR 85.36(e) and 
nonprofit recipients of assistance (grantees and sub-grantees) by 24 
CFR 84.44(b) to take all necessary affirmative steps in contracting for 
the purchase of goods or services to assure that minority firms, 
women's business enterprises, and labor surplus area firms

[[Page 2400]]

are used whenever possible or as specified in the individual program 
NOFAs.
    e. Real Property Acquisition and Relocation. HUD-assisted programs 
or projects are subject to the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970, as amended (Uniform Act or 
URA) (42 U.S.C. 4601), and the government-wide implementing regulations 
issued by the U.S. Department of Transportation at 49 CFR part 24. The 
Uniform Act's protections and assistance apply to acquisitions of real 
property and displacements resulting from the acquisition, 
rehabilitation, or demolition of real property for federal or federally 
assisted programs or projects. With certain limited exceptions, real 
property acquisitions for a HUD-assisted program or project must comply 
with 49 CFR part 24, subpart B. Real property acquisitions conducted 
without the threat or use of eminent domain, commonly referred to as 
``voluntary acquisitions,'' must satisfy the applicable requirements of 
49 CFR 24.101(b)(1) through (5) to be exempt from the URA's acquisition 
policies. Evidence of compliance with these requirements must be 
maintained by the recipient. The URA's relocation requirements remain 
applicable to any tenant(s) who are displaced by an acquisition and who 
meet the requirements of 49 CFR 24.101(b)(1) through (5).
    The relocation requirements of the Uniform Act, and its 
implementing regulations at 49 CFR part 24, cover any person who moves 
permanently from real property or moves personal property from real 
property as a direct result of acquisition, rehabilitation, or 
demolition for a program or project receiving HUD assistance. While 
there are no statutory provisions for ``temporary relocation'' under 
the URA, the URA regulations recognize that there are circumstances 
where a person will not be permanently displaced but may need to be 
moved from a project for a short period of time. Appendix A of the URA 
regulation (49 CFR 24.2(a)(9)(ii)(D)) explains that any tenant who has 
been temporarily relocated for a period beyond one year must be 
contacted by the displacing agency and offered URA relocation 
assistance. Some HUD program regulations provide additional protections 
for temporarily relocated tenants. For example, 24 CFR 583.310(f)(1) 
provides guidance on temporary relocation for the Supportive Housing 
program for the homeless. Before planning their project, applicants 
should review the regulations for the programs for which they are 
applying. The URA does not apply to displacements resulting from the 
demolition or disposition of public housing covered by Section 18 of 
the United States Housing Act of 1937.
    Additional information and resources pertaining to real property 
acquisition and relocation for HUD-funded programs and projects are 
available on HUD's Real Estate Acquisition and Relocation Web site at 
http://www.hud.gov/relocation. You will find applicable laws and 
regulations, policy and guidance, publications, training resources, and 
a listing of HUD contacts if you have questions or need assistance.
    f. Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency (LEP).'' Executive Order 13166 
seeks to improve access to federally assisted services, programs, and 
benefits for individuals with limited English proficiency. Applicants 
obtaining an award from HUD must seek to provide access to program 
benefits and information to LEP individuals through translation and 
interpretive services in accordance with LEP guidance published on 
December 19, 2003 (68 FR 70968). HUD expects final guidance to be 
published in January 2007. For assistance and information regarding 
your LEP obligation, go to http://www.lep.gov.
    g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full 
implementation of Executive Order 13279. The Executive Order 
established fundamental principles and policymaking criteria to guide 
federal agencies in formulating and developing policies that have 
implications for faith-based and community organizations to ensure the 
equal protection for these organizations in social service programs 
receiving federal financial assistance. Consistent with this order, HUD 
has undertaken a review of all policies and regulations that have 
implications for faith-based and community organizations and has 
established a policy priority to provide full and equal access to 
grassroots faith-based and other community organizations in HUD program 
implementation. HUD revised its program regulations in 2003 and 2004 to 
remove the barriers by participation of faith-based organizations in 
HUD funding programs (68 FR 56396, September 30, 2003; 69 FR 41712, 
July 9, 2004; and 69 FR 62164, October 22, 2004). Copies of the 
regulatory changes can be found at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    h. Accessible Technology. Section 508 of the Rehabilitation Act 
(Section 508) requires HUD and other federal departments and agencies 
to ensure, when developing, procuring, maintaining, or using electronic 
and information technology (EIT), that the EIT allow, regardless of the 
type of medium of technology, persons with disabilities to access and 
use information and data on a comparable basis as is made available to 
and used by persons without disabilities. Section 508's coverage 
includes, but is not limited to, computers (hardware, software, word 
processing, email, and Internet sites), facsimile machines, copiers, 
and telephones. Among other things, Section 508 requires that unless an 
undue burden would result to the federal department or agency, EIT must 
allow individuals with disabilities who are federal employees or 
members of the public seeking information or services to have access to 
and use information and data on a comparable basis as that made 
available to employees and members of the public who are not disabled. 
Where an undue burden exists to the federal department or agency, 
alternative means may be used to allow a disabled individual use of the 
information and data. Section 508 does not require that information 
services be provided at any location other than a location at which the 
information services are generally provided. HUD encourages its funding 
recipients to adopt the goals and objectives of Section 508 by 
ensuring, whenever EIT is used, procured, or developed, that persons 
with disabilities have access to and use of the information and data 
made available through the EIT on a comparable basis as is made 
available to and used by persons without disabilities. This does not 
affect recipients' required compliance with Section 504 of the 
Rehabilitation Act and, where applicable, the Americans with 
Disabilities Act.
    i. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under a 
HUD program NOFA for procurement, and any person contracting with such 
an agency with respect to work performed under an assisted contract, 
must comply with the requirements of Section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act.
    In accordance with Section 6002, these agencies and persons must 
procure items designated in guidelines of the Environmental Protection 
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of 
recovered materials practicable, consistent with maintaining a 
satisfactory level of

[[Page 2401]]

competition, where the purchase price of the item exceeds $10,000 or 
the value of the quantity acquired in the preceding fiscal year 
exceeded $10,000; must procure solid waste management services in a 
manner that maximizes energy and resource recovery; and must have 
established an affirmative procurement program for procurement of 
recovered materials identified in the EPA guidelines.
    j. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under a HUD program 
NOFA, all successful applicants will be required to cooperate with all 
HUD staff or contractors who perform HUD-funded research or evaluation 
studies.
    k. Executive Order 13202, ``Preservation of Open Competition and 
Government Neutrality Towards Government Contractors'' Labor Relations 
on Federal and Federally Funded Construction Projects.'' Compliance 
with HUD regulations at 24 CFR 5.108 that implement Executive Order 
13202 is a condition of receipt of assistance under a HUD program NOFA.
    l. Salary Limitation for Consultants. Unless specifically 
authorized by law, FY2007 funds may not be used to pay or to provide 
reimbursement for payment of the salary of a consultant, whether 
retained by the federal government or the grantee, at a rate more than 
the equivalent of the high pay for members of the Senior Executive 
Service (SES). For information on Executive Pay Band levels, please see 
the Office of Personnel Management (OPM) Web site at http://www.opm.gov/oca/06tables/html/es.asp.
    m. OMB Circulars and Government-wide Regulations Applicable to 
Financial Assistance Programs. Certain OMB Circulars also apply to HUD 
programs in the SuperNOFA. The policies, guidance, and requirements of 
OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and 
Other Agreements with State and Local Governments), A-21 (Cost 
Principles for Education Institutions), A-122 (Cost Principles for 
Nonprofit Organizations), A-133 (Audits of States, Local Governments, 
and Non-Profit Organizations), and the regulations at 24 CFR part 84 
(Grants and Agreements with Institutions of Higher Education, 
Hospitals, and other Non-Profit Organizations), and 24 CFR part 85 
(Administrative Requirements for Grants and Cooperative Agreements to 
State, Local, and Federally Recognized Indian Tribal Governments), may 
apply to the award, acceptance, and use of assistance under the 
individual program NOFAs of the SuperNOFA, and to the remedies for 
noncompliance, except when inconsistent with the provisions of HUD's 
appropriations act for FY2007, other federal statutes or regulations, 
or the provisions of this notice. Compliance with additional OMB 
circulars or government-wide regulations may be specified for a 
particular program in the Program Section of the SuperNOFA. Copies of 
the OMB circulars may be obtained from Executive Office of the 
President Publications, New Executive Office Building, Room 2200, 
Washington, DC 20503; telephone (202) 395-3080 (this is not a toll-free 
number) or (800) 877-8339 (toll-free TTY Federal Information Relay 
Service); or from the following Web site: http://www.whitehouse.gov/omb/circulars/index.html.
    n. Environmental Requirements. If you become a recipient under a 
HUD program that assists in physical development activities or property 
acquisition, you are generally prohibited from acquiring, 
rehabilitating, converting, demolishing, leasing, repairing, or 
constructing property, or committing or expending HUD or non-HUD funds 
for these types of program activities, until one of the following has 
occurred:
    (1) HUD has completed an environmental review in accordance with 24 
CFR part 50; or
    (2) For programs subject to 24 CFR part 58, HUD has approved a 
recipient's Request for Release of Funds (form HUD-7015.15) following a 
Responsible Entity's completion of an environmental review.
    You, the applicant, should consult the individual program NOFA for 
any program for which you are interested in applying to determine the 
procedures for, timing of, and any modifications or exclusions from 
environmental review under a particular program. For applicants 
applying for funding under the Section 202 Supportive Housing for the 
Elderly program or Section 811 Supportive Housing for Persons with 
Disabilities program, please note the environmental review requirements 
for these programs.
    o. Conflicts of Interest. If you are a consultant or expert who is 
assisting HUD in rating and ranking applicants for funding under the 
SuperNOFA or future NOFAs published in FY2007, you are subject to 18 
U.S.C. 208, the federal criminal conflict-of-interest statute, and the 
Standards of Ethical Conduct for Employees of the Executive Branch 
regulation published at 5 CFR part 2635. As a result, if you have 
assisted or plan to assist applicants with preparing applications for 
programs in the SuperNOFA or NOFAs published in FY2007, you may not 
serve on a selection panel and you may not serve as a technical advisor 
to HUD. Persons involved in rating and ranking HUD FY2007 NOFAs, 
including experts and consultants, must avoid conflicts of interest or 
the appearance of such conflicts. Persons involved in rating and 
ranking applications must disclose to HUD's General Counsel or HUD's 
Ethics Law Division the following information, if applicable: how the 
selection or non-selection of any applicant under the FY2007 SuperNOFA 
will affect the individual's financial interests, as provided in 18 
U.S.C. 208, or how the application process involves a party with whom 
the individual has a covered relationship under 5 CFR 2635.502. The 
person must disclose this information before participating in any 
matter regarding a FY2007 NOFA. If you have questions regarding these 
provisions or concerning a conflict of interest, you may call the 
Office of General Counsel, Ethics Law Division, at (202) 708-3815 (this 
is not a toll-free number).
    p. Drug-Free Workplace. Applicants awarded funds from HUD are 
required to provide a drug-free workplace. Compliance with this 
requirement means that the applicant will:
    (1) Publish a statement notifying employees that it is unlawful to 
manufacture, distribute, dispense, possess, or use a controlled 
substance in the applicant's workplace and that such activities are 
prohibited. The statement must specify the actions that will be taken 
against employees for violation of this prohibition. The statement must 
also notify employees that, as a condition of employment under the 
federal award, they are required to abide by the terms of the statement 
and that each employee must agree to notify the employer in writing of 
any violation of a criminal drug statute occurring in the workplace no 
later than 5 calendar days after such violation;
    (2) Establish an ongoing drug-free awareness program to inform 
employees about:
    (a) The dangers of drug abuse in the workplace;
    (b) The applicant's policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, or employee 
maintenance programs; and
    (d) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Notify the federal agency in writing within 10 calendar days 
after receiving notice from an employee of a drug abuse conviction or 
otherwise receiving actual notice of a drug abuse conviction. The 
notification must be

[[Page 2402]]

provided in writing to HUD's Office of Departmental Grants Management 
and Oversight, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 3156, Washington, DC 20410-3000, along with the 
following information:
    (a) The program title and award number for each HUD award covered;
    (b) The HUD staff contact name, phone, and fax numbers;
    (c) A grantee contact name, phone, and fax numbers; and
    (4) Require that each employee engaged in the performance of the 
federally funded award be given a copy of the drug-free workplace 
statement required in item (1) above and notify the employee that one 
of the following actions will be taken against the employee within 30 
calendar days of receiving notice of any drug abuse conviction:
    (a) Institution of a personnel action against the employee, up to 
and including termination consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (b) Imposition of a requirement that the employee participate 
satisfactorily in a drug abuse assistance or rehabilitation program 
approved for such purposes by a federal, state, or local health, law 
enforcement, or other appropriate agency.
    q. Safeguarding Resident/Client Files. In maintaining resident and 
client files, HUD funding recipients shall observe state and local laws 
concerning the disclosure of records that pertain to individuals. 
Further, recipients are required to adopt and take reasonable measures 
to ensure that resident and client files are safeguarded.
    r. Compliance with the Federal Funding Accountability and 
Transparency Act of 2006 (Public Law 109-282). Applicants receiving an 
award from HUD should be aware of the requirements of the Federal 
Funding Accountability and Transparency Act of 2006, which calls for 
the establishment of a central website that makes available to the 
public full disclosure of all entities receiving federal funds. The 
only exemptions to this law are federal transactions below $25,000 and 
credit card transactions prior to October 1, 2006. Grantees should be 
aware that the law requires the information provided on the federal 
website to include the following elements related to all subaward 
transactions, except as noted above:
    (1) The name of the entity receiving the award;
    (2) The amount of the award;
    (3) Information on the award including the transaction type, 
funding agency, the North American Industry Classification System code 
or Catalog of Federal Domestic Assistance number (where applicable), 
program source, and an award title descriptive of the purpose of each 
funding action;
    (4) The location of the entity receiving the award and primary 
location of performance under the award, including the city, state, 
congressional district, and country;
    (5) A unique identifier of the entity receiving award and of the 
parent entity of the recipient, should the entity be owned by another 
entity; and
    (6) Any other relevant information specified by OMB.
    Additional information regarding these requirements will be 
provided when available.

IV. Application and Submission Information

A. Addresses to Request Application Package

    This section describes how applicants may obtain application forms 
and request technical assistance.
    1. Copies of the published NOFAs and application forms for HUD 
programs made available at Grants.gov can be found at https://apply.grants.gov/forms_apps_idx.html.
    2. Technical Assistance and Resources for Electronic Grant 
Applications.
    a. Grants.gov Customer Support. Applicants having difficulty 
accessing the application and instructions or having technical problems 
can receive customer support from Grants.gov by calling (800) 518-
GRANTS (this is a toll-free number) or by sending an e-mail to 
[email protected]. The customer support center is open from 7 a.m. to 
9 p.m. eastern time, Monday through Friday, except federal holidays. 
The customer service representatives will assist applicants in 
accessing the information and addressing technology issues.
    b. Desktop Users Guide for Submitting Electronic Grant 
Applications. HUD has published on its Web site a detailed Desktop 
Users Guide that walks applicants through the electronic process, 
beginning with finding a funding opportunity, completing the 
registration process, and downloading and submitting the electronic 
application. The guide includes helpful step-by-step instructions, 
screen shots, and error-proof tips to assist applicants in becoming 
familiar with submitting applications electronically. The guide is 
available online at http://www.hud.gov/offices/adm/grants/deskuserguide.pdf.
    c. HUD's Registration Brochure. HUD has a registration brochure 
that provides detailed information on the registration process. See 
http://www.hud.gov/offices/adm/grants/regbrochure.pdf.
    d. HUD's Finding and Applying for Grant Opportunities Brochure. HUD 
also has a brochure that will guide you through the process of finding 
and applying for grants. See HUD's Finding and Applying for Grant 
Opportunities brochure at http://www.hud.gov/offices/adm/grants/findapplybrochure.pdf.
    e. HUD's NOFA Information Center. Applicants that do not have 
Internet access and need to obtain a copy of a NOFA can contact HUD's 
NOFA Information Center toll-free at (800) HUD-8929. Persons with 
hearing or speech impairments may access this number via TTY by calling 
the Federal Information Relay Service at (800) 877-8339. The NOFA 
Information Center is open between the hours of 10 a.m. and 6:30 p.m. 
eastern time, Monday through Friday, except federal holidays.
    f. HUD Staff. HUD staff will be available to provide you with 
general guidance and technical assistance about this notice or about 
individual program NOFAs. However, HUD staff is not permitted to help 
prepare your application. Following selection of applicants, but before 
announcement of awards are made, HUD staff is available to assist in 
clarifying or confirming information that is a prerequisite to the 
offer of an award or annual contributions contract (ACC) by HUD. If you 
have program-related questions, follow the instructions in Section VII 
of the Program Section entitled ``Agency Contact(s)'' in the program 
NOFA under which you are applying.
    g. Connecting with Communities: A User's Guide to HUD Programs and 
the FY2007 NOFA Process Guidebook. A guidebook to HUD programs will be 
available from the HUD NOFA Information Center and at the HUD's Funds 
Available Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm after the publication of the SuperNOFA. The guidebook 
provides a brief description of all HUD programs that have funding 
available in FY2007, identifies eligible applicants for the programs, 
and provides examples of how programs can work in combination to serve 
local community needs.
    h. SuperNOFA Webcasts. HUD provides technical assistance and 
training on its programs announced through NOFAs. The NOFA broadcasts 
are interactive and allow potential applicants to obtain a better 
understanding of the threshold, program, and application submission 
requirements for funding. Participation in this training opportunity is 
free of

[[Page 2403]]

charge and can be accessed via HUD's Web site at www.hud.gov/offices/adm/grants/fundsavail.cfm. The SuperNOFA Webcast schedule can be found 
via HUD's Web site at http://www.hud.gov/webcasts/index.cfm.

B. Content and Form of Application Submission

    1. Instructions on How to Register for Electronic Application 
Submission. Applicants must submit their applications electronically 
through Grants.gov. Before you can do so, you must complete several 
important steps to register as a submitter. The registration process 
can take approximately 2 to 4 weeks to complete. Therefore, 
registration should be done in sufficient time before you submit your 
application. This section provides information on how to register with 
Grants.gov. There are five sequential registration steps required for 
an applicant to complete:
     a. Step one is to obtain a Dun and Bradstreet Data Universal 
Numbering System (DUNS) number for your organization. All applicants 
seeking funding directly from HUD must obtain a DUNS number and include 
the number on the form SF-424, Application for Federal Financial 
Assistance, which is part of the application submission. Failure to 
provide a DUNS number will prevent you from obtaining an award, 
regardless of whether it is a new award or renewal of an existing one. 
This policy is pursuant to the OMB policy issued in the Federal 
Register on June 27, 2003 (68 FR 38402). HUD published its regulation 
implementing the DUNS number requirement on November 9, 2004 (69 FR 
65024). A copy of the OMB Federal Register notice and HUD's regulation 
implementing the DUNS number can be found on HUD's Web site at http://www.hud.gov/offices/adm/grants/duns.cfm. Applicants cannot 
submit applications electronically without a DUNS number entry. 
Applicants should also be aware that the applicant information entered 
and used to obtain the DUNS number will be used to pre-populate the 
Central Contractor Registration (CCR), which is required as part of the 
registration process. Applicants should carefully enter and review 
their information when obtaining a DUNS number.
    When completing the application, applicants will be asked to 
provide their DUNS number on the SF-424. Applicants must carefully 
enter the DUNS number on the application package, making sure it is 
identical to the DUNS number under which the Authorized Organization 
Representative is registered to submit an application. If the DUNS 
number entered on the application package does not match the 
registration, the application will be rejected. For details about the 
error messages received when submitting with the wrong DUNS number, 
please see HUD's Desktop Users Guide for Submitting Electronic Grant 
Applications at http://www.hud.gov/offices/adm/grants/deskuserguide.pdf. Applicants can obtain a DUNS number by calling (866) 
705-5711 (this is a toll-free number). The approximate time to get a 
DUNS number is 10 to 15 minutes, and there is no charge. You should 
wait approximately 24 to 48 hours to register with the CCR so that your 
DUNS number can become active in Dun and Bradstreet's (D&B) records.
    b. Step two is to register with the CCR.
    Grant applicants must register with CCR to begin the electronic 
application submission process. The CCR is the primary vendor database 
for the federal government. In addition, your CCR registration must be 
renewed/updated annually. Failure to update/renew your CCR registration 
will cause your Grants.gov registration to be invalid and you will not 
be able to submit an application for funding. Registration can take 
several weeks, so HUD urges any applicant that has not completed or 
updated its registration to do so immediately because the changes to 
the CCR registration processing noted below may prohibit you from 
attempting to make these changes in the last few days prior to the 
deadline date. Applicants can register with the CCR at http://www.ccr.gov/. The CCR registration process consists of completing a 
Trading Partner Profile (TPP), which contains general, corporate, and 
financial information about your organization. While completing the 
TPP, you will need to identify an E-Business Point of Contact (E-
Business POC), who will be responsible for maintaining the information 
in the TPP and giving authorization to individuals to serve as 
Authorized Organization Representatives (AORs). The AOR will submit 
applications through Grants.gov for your organization.
    (1) CCR Use of D&B Information. At the end of July 2006, a policy 
change to the CCR name and address information was implemented. Under 
this new policy, instead of obtaining name and address information 
directly from the registrant, CCR will obtain the following data fields 
from D&B: Legal Business Name, Doing Business As Name (DBA), Physical 
Address, and Postal Code/Zip+4. Registrants will not be able to enter/
modify these fields in CCR; they will be pre-populated using D&B Data 
Universal Numbering System (DUNS) record data. During new registration 
or when updating a record, the registrant has a choice to accept or 
reject the information provided from D&B. Under the revised system, if 
the CCR registrant agrees with the D&B-supplied information, the D&B 
data will be accepted into the CCR registrant record. If the registrant 
disagrees with the D&B-supplied information, the registrant will need 
to go to the D&B Web site http://fedgov.dnb.com/webform to modify the 
information currently contained in D&B's records before proceeding with 
its CCR registration. Once D&B confirms modifications, the registrant 
must revisit the CCR Web site and ``accept'' D&B's changes. Only at 
this point will the D&B data be accepted into the CCR record. This 
process can take up to 2 business days for D&B to send modified data to 
CCR, and that time frame may be longer if data is sent from abroad.
    (2) CCR EIN/TIN Validation. On October 30, 2005, CCR began 
validating the Employer Identification Number (EIN)/Taxpayer 
Identification Number (TIN) and the Employer/Taxpayer Name of each new 
and updating CCR registrant with the IRS. The EIN/TIN matching process 
is a joint effort between the General Services Administration, 
Department of Defense, and IRS to improve the quality of data in 
government acquisition systems. A notice has gone out to CCR 
registrants informing them of the IRS validation in CCR registration. 
In order to complete your CCR registration and qualify as a vendor 
eligible to bid for federal government contracts or apply for federal 
grants, the EIN/TIN and Employer/Taxpayer Name combination you provide 
in the IRS Consent Form must match exactly to the EIN/TIN and Employer/
Taxpayer Name used in federal tax matters. It will take at least one to 
two business days to validate new and updated records prior to becoming 
active in CCR. Therefore, please be sure that the data items provided 
to D&B match information that you have provided to the IRS. Otherwise, 
when the validation check with IRS is done, the registrations in D&B 
and the CCR will not match the IRS information and an error message 
will result. This will prevent the registration from being completed 
until the discrepancies have been resolved. Applicants should allow 
sufficient time to review their D&B and CCR information. If you have 
questions about your EIN or TIN, call (800) 829-4933.
    c. Step three requires that the designated Authorized Organization 
Representative (AOR) from the organization register with the Credential

[[Page 2404]]

Provider. In order to safeguard the security of your electronic 
information, Grants.gov utilizes a Credential Provider to determine 
with certainty that someone is really who he or she claims to be. Your 
organization will need to be registered with the CCR and you will need 
to have your organization's DUNS number available to complete this 
process. An assigned AOR must register with the Credential Provider to 
create and receive a username and password, which are needed to submit 
an application package through Grants.gov. Applicants can register with 
the Credential Provider at http://apply.grants.gov/OrcRegister.
    Beginning August 30, 2007, organizations will have three federally 
approved credential providers from which to choose their authentication 
services--the Agriculture Department; OPM's Employee Express; and, the 
current provider, Operational Research Consultants, Inc. (ORC). Users 
who already hold a Grants.gov user name and password through ORC will 
not experience much change. New users will be able to choose from the 
credential providers on the list.
    d. Step four requires the AOR to register with Grants.gov in order 
to submit an electronic grant application. To submit an application to 
HUD, an AOR must be able to make a legally binding commitment on behalf 
of the applicant. The AOR can register with Grants.gov and submit an 
application on the same day. Applicants can register with Grants.gov at 
https://apply.grants.gov/GrantsgovRegister.
    e. Step five requires the E-Business point of contact (POC) to 
approve the designated AORs. The E-Business POC can designate the AOR 
to submit applications on behalf of the organization at https://apply.grants.gov/agency/AorMgrGetID.
    2. Instructions on How to Download an Application Package and 
Application Instructions
    a. The Application Package and Application Instructions. The 
general process for downloading, completing, submitting, and tracking 
grant application packages is described at http://www.grants.gov/applicants/apply_for_grants.jsp. To download the application 
and instructions, go to https://apply.grants.gov/forms_apps_idx.html and enter the CFDA Number, Funding Opportunity Number, or 
Funding Opportunity Competition ID for the application that you are 
interested in. If you enter more than one criterion, you will not find 
the instructions. You will then come to a page where you will find the 
funding opportunity Download Application & Instructions links. The 
first thing you should do is download the Instructions by clicking on 
the Download Instructions link. The Instructions contain the General 
and Program Sections for the funding opportunity, as well as forms that 
are not part of the application download but are included as elements 
of a complete package as specified in the published NOFA. The second 
thing you should do is download the application by clicking on the 
Download Application link. Both the Instructions and Application can be 
saved to your desktop. You do not need to be registered to download and 
read the instructions or complete the application; however, once you 
have downloaded the application and intend to submit an application, 
you must save it on your computer.
    Each program NOFA also includes a checklist. Please review the 
checklist in the Program Section to ensure that your application 
contains all the required materials.
    b. Electronic Grant Application Forms.
    (1) Forms contained in the Instructions download are available in 
Microsoft Word (.doc) (version 9), Microsoft Excel 2000 (.xls), or 
Adobe (.pdf) formats. The pdf files are only fillable forms--not 
savable, unless you have Adobe Professional software version 6.0 or 
higher.
    (2) The Application download will also contain a cover page 
entitled ``Grant Application Package.'' The cover page provides 
information regarding the application package you have chosen to 
download, i.e., Opportunity Title, Agency Name, CFDA Number, etc. 
Review this information to ensure that you have selected the correct 
application. The Grant Application cover page separates the required 
forms into two categories: ``Mandatory Documents'' and ``Optional 
Documents.'' Please note that regardless of the box in which the forms 
are listed, the published Federal Register document is the official 
document HUD uses to solicit applications. Therefore, applicants should 
follow the instructions provided in the General Section and Program 
Sections of the Instructions download. The individual NOFA sections 
will also identify the forms that may be applicable and that need to be 
submitted with the application.
    (3) Because you will be adding additional attachment files to the 
downloaded application, applicants should save the application to their 
hard drive. Do not download the application or attempt to upload the 
application using a ``thumb'' or ``jump drive,'' as Grants.gov has 
found that applicants have problems uploading from a jump drive. Be 
sure to read and follow the application submission requirements 
published in each individual NOFA for which you are submitting an 
application. Each program NOFA will identify all the required forms for 
submission.
    (4) HUD's standard forms are identified below:
    (a) Application for Federal Financial Assistance (SF-424);
    (b) Faith-Based EEO Survey (SF-424 Supplement, Survey on Ensuring 
Equal Opportunities for Applicants), if applicable;
    (c) HUD Detailed Budget (HUD-424-CB, Grant Application Detailed 
Budget);
    (d) Grant Application Detailed Budget Worksheet (HUD-424-CBW);
    (e) Disclosure of Lobbying Activities (SF-LLL), if applicable;
    (f) HUD Applicant Recipient Disclosure Report (HUD-2880, Applicant/
Recipient Disclosure/Update Report);
    (g) Certification of Consistency with RC/EZ/EC-II Strategic Plan 
(HUD-2990), if applicable;
    (h) Certification of Consistency with the Consolidated Plan (HUD-
2991), if applicable;
    (i) Acknowledgment of Application Receipt (HUD-2993);
    (j) You Are Our Client Grant Applicant Survey (HUD 2994-A) 
(Optional);
    (k) Program Outcome Logic Model (HUD-96010);
    (l) HUD Race Ethnic Form (HUD-27061), if applicable;
    (m) HUD Communities Initiative (HUD-27300, Questionnaire for HUD's 
Removal of Regulatory Barriers), if applicable; and
    (n) HUD Facsimile Transmittal (HUD-96011, Third Party Documentation 
Facsimile Transmittal).
    All HUD ``program specific'' forms not available at the Application 
download will be available in the Instructions download in Microsoft 
Word .doc (version 9), Microsoft Excel 2000 (.xls), or Adobe (.pdf) 
format compatible with Adobe Reader 6.0 or later. The pdf forms are 
form fillable but not savable unless you have Adobe Professional 6.0 or 
higher. Applicants may use the HUD-96011, ``Third Party Documentation 
Facsimile Transmittal'' (``HUD Facsimile Transmittal'' on Grants.gov) 
form and fax to HUD any forms they have completed but cannot save.
    Copies of the Continuum of Care application forms will be on HUD's 
website at http://www.hud.gov/offices/adm/grants/fundsavail.cfm until 
such

[[Page 2405]]

time as HUD places an application on www.Grants.gov/Apply. Once an 
application is placed on Grants.gov/Apply, applicants should follow the 
website instructions for obtaining an application from Grants.gov.
    3. Instructions on How to Complete the Selected Grant Application 
Package
    a. Mandatory Fields on Application Download Forms. Forms in the 
Application download contain fields with a yellow background. These 
data fields are mandatory and must be completed. Failure to complete 
the fields will result in an error message when checking the package 
for errors.
    b. Completion of SF-424 Fields First. The forms in the application 
package are designed to automatically populate common data such as the 
applicant name and address, DUNS number, etc. In order to trigger this 
function, the SF-424 must be completed first. Once applicants complete 
the SF-424, the entered information will transfer to the other forms.
    c. Submission of Narrative Statements, Third Party Letters, 
Certifications, and Program-Specific Forms. In addition to program-
specific forms, many of the NOFAs require the submission of other 
documentation, such as third-party letters, certifications, or program 
narrative statements. This section discusses how you should submit this 
additional information electronically as part of your application:
    (1) Narrative Statements to the Factors for Award. If you are 
required to submit narrative statements, you must submit them as an 
electronic file in Microsoft Word (version 9 or earlier), Microsoft 
Excel (.xls) 2000 (or earlier) or in Adobe (.pdf) format that is 
compatible with Adobe Reader 6.0 or earlier. If HUD receives a file in 
a format other than those specified, HUD will not be able to read the 
file, and it will not be reviewed. Each response to a Factor for Award 
should be clearly identified and can be incorporated into a single 
attachment or all attachments can be zipped together into a single 
attached ZIP file. Program NOFAs may require files to be submitted 
separately or as a single ZIP file, so please carefully review the 
individual NOFAs when they are published. Documents that applicants 
possess in electronic format, e.g., narratives they have written, or 
graphic images (such as computer aided design (CAD) files from an 
architect) must be saved in PDF format compatible with Adobe Reader 6.0 
or an earlier version and attached using the ``Attachments'' form 
included in the application package downloaded from Grants.gov. In 
addition, some NOFAs may request photographs. If this is the case, then 
the photos should be saved in .jpg or jpeg format and attached using 
the attachments form. When creating attachments to your application, 
please follow these rules:
    (a) DO NOT attach a copy of the electronic application with your 
attachments as an attachments file. HUD cannot open such files when 
they are attached as attachments.
    (b) Check the attachment file and make sure it has a file extension 
of .doc, .pdf, .xls, .jpg, or .jpeg.
    (c) Make sure that file extensions are not in upper case. File 
extensions must be lower case for the file to be opened.
    (d) DO NOT use special characters (i.e., , %, /, etc.) in 
a file name.
    (e) DO NOT include spaces in the file name.
    (f) Limit file names to not more than 50 characters.
    (2) ZIP Files. In order to reduce the size of attachments, 
applicants can compress several files using a ZIP utility. Applicants 
can then attach the zipped file as described above. HUD's standard zip 
utility is WinZip. Files compressed with the WinZip utility must use 
either the ``Normal'' option or ``Maximum (portable)'' option available 
to ensure that HUD is able to open the file. Files received using 
compression methods other than ``Normal'' or ``Maximum (portable)'' 
cannot be opened and will not be reviewed. Applicants should be aware 
that if HUD receives files compressed using another utility, or not in 
accord with these directions, it cannot open the files and, therefore, 
such files will not be reviewed.
    (3) Third-Party Letters, Certifications Requiring Signatures, and 
Other Documentation. Applicants required to submit third-party 
documentation (e.g., establishing matching or leveraged funds, 
documentation of 501(c)(3) status or incorporation papers, documents 
that support the need for the program, memoranda of understanding 
(MOUs), or program-required documentation that supports your 
organization's claims regarding work that has been done to remove 
regulatory barriers to affordable housing) can choose from the 
following two options as a way to provide HUD with the documentation:
    (a) Scanning Documents to Create Electronic Files. Scanning 
documents increases the size of files. If your computer has the 
capacity to upload scanned documents, submit your documents with the 
application by using the Attachment Form in the Mandatory or Optional 
Forms section of the application. If your computer does not have the 
memory to upload scanned documents, you should submit them via fax as 
described below. Electronic files must be labeled so that the recipient 
at HUD will know what the file contains. Program NOFAs will indicate 
any naming conventions that applicants must use when submitting files 
using the attachment form.
    (b) Faxing Required Documentation. Applicants may fax the required 
documentation as program-specific forms to HUD. Applicants should only 
use this method when documents cannot be attached to the electronic 
application package as a .pdf, .doc, .xls, .jpeg, or .jpg, or when the 
size of the submission is too large to upload from the applicant's 
computer. HUD will not accept entire applications by fax and will 
disqualify applications submitted entirely in that manner.
    (i) Fax Form HUD-96011, ``Third Party Documentation Facsimile 
Transmittal'' (``HUD Facsimile Transmittal'' on Grants.gov). Facsimiles 
submitted in response to a NOFA must use the form HUD-96011. The 
facsimile transmittal form, found in the downloaded application, 
contains a unique identifier that allows HUD to match an applicant's 
submitted application via Grants.gov with faxes coming from a variety 
of sources. Each time the application package is downloaded, the forms 
in the package are given a unique ID number. To ensure that all the 
forms in your package contain the same unique ID number, after 
downloading your application, complete the SF-424, save the forms to 
your hard drive, and use the saved forms to create your application. 
When you have downloaded your application package from Grants.gov, be 
sure to first complete the SF-424, and then provide copies of the form 
HUD-96011 to third parties that will submit information in support of 
your application. Do not download the same application package from 
Grants.gov more than once because if your application submission does 
not match the unique identifier on the facsimile transmittal form, HUD 
will not be able to match the faxes received to your application 
submission. Faxes that cannot be matched to an application will not be 
considered in the review process.
    If you have to provide a copy of the form HUD-96011 to another 
party that will be responsible for faxing an item as part of your 
application, make a copy of the facsimile transmittal cover page from 
your downloaded application and provide that copy to the third party 
for use with the fax transmission. Please instruct third parties to use 
the form HUD-96011 that you have provided as

[[Page 2406]]

a cover page when they submit information supporting your application 
using the facsimile method, because it contains the embedded ID number 
that is unique to your application submission.
    (ii) Use Form HUD-96011 as Fax Cover Page. For HUD to correctly 
match a fax to a particular application, the applicant must use and 
require third parties that fax documentation on its behalf to use the 
form HUD-96011 as the cover page of the facsimile. Using the form HUD-
96011 will ensure that HUD can electronically read faxes submitted by 
and on behalf of an applicant and match them to the applicant's 
application package received via Grants.gov.
    Failure to use the form HUD-96011 as the cover page will create a 
problem in electronically matching your faxes to the application. If 
HUD is unable to match the faxes electronically due to an applicant's 
failure to follow these directions, HUD will not hand-match faxes to 
applications and will not consider the faxed information in rating the 
application. If your facsimile machine automatically creates a cover 
page, turn this feature off before faxing information to HUD.
    (iii) HUD Fax Number. Applicants and third parties submitting 
information on their behalf must use the HUD-96011 facsimile 
transmittal cover page and must send the information to the following 
fax number: (800) HUD-1010. If you cannot access the toll-free 800 
number or experience problems, you may use (215) 825-8798 (this is not 
a toll-free number).
    (iv) Fax Individual Documents as Separate Transmissions. In 
addition, it is highly recommended that applicants fax individual 
documents as separate submissions to avoid fax transmission problems. 
When faxing two or more documents to HUD, applicants must use the form 
HUD-96011 as the cover page for each document (e.g., Letter of Matching 
or Leveraging Funds, Memorandum of Understanding, Certification of 
Consistency with the Consolidated Plan, etc.). Please be aware that 
faxing large documents at one time may result in transmission failures.
    (v) Check Accuracy of Fax Transmission. Be sure to check the record 
of your transmission issued by the fax machine to ensure that your fax 
submission was completed ``OK.'' For large or long documents, HUD 
suggests that you divide them into smaller sections for faxing 
purposes. Each time you fax a document that you have divided into 
smaller sections, you should indicate on the cover sheet what part of 
the overall section you are submitting (e.g., ``part 1 of 4 parts'' or 
``pages 1-10 of 20 pages'').
    Your facsimile machine should provide you with a record of whether 
HUD received your transmission. If you get a negative response or a 
transmission error, you should resubmit the document until you confirm 
that HUD has received your transmission. HUD will not acknowledge that 
it received a fax successfully. When receiving a fax electronically, 
HUD will electronically read it with an optical character reader and 
attach it to the application submitted through Grants.gov. Applicants 
and third parties submitting information on their behalf may submit 
information by facsimile at any time before the application deadline 
date. Applicants must ensure that the form HUD-96011 used to fax 
information matches their electronic application (i.e., is part of the 
application package downloaded from Grants.gov). As stated previously, 
when faxing information, you must ensure that if your facsimile machine 
automatically generates a cover page, that you turn that feature off 
and use the form HUD-96011 as the cover page. Also ensure that the fax 
is transmitted to fit 8\1/2\'' x 11'' letter size paper.
    (vi) Preview your Fax Transmission. HUD recommends that you 
``preview'' how your fax will be transmitted by using the copy feature 
on your facsimile machine and make a copy of the first two or three 
pages. You will see what HUD receives as a fax. If the fax is not clear 
or cuts off at the bottom of the page, applicants should use a 
different facsimile machine or have the machine adjusted. All faxed 
materials must be received no later than 11:59:59 p.m. eastern time on 
the application deadline date. HUD will store the information and match 
it to the electronic application when HUD receives it from Grants.gov. 
If you are not faxing any documents: Even though you are not faxing any 
documents, you must still complete the facsimile transmittal form. In 
the section of the form titled ``Name of Document Transmitting,'' enter 
the words ``Nothing Faxed with this Application.'' Complete the 
remaining highlighted fields and enter the number ``0'' in the section 
of the form titled ``How many pages (including cover) are being 
faxed?'' 
    Steps to Take Before You Submit Your Application. You should review 
the application package and all the attachments to make sure it 
contains all the documents you want to submit. If it does, save it to 
your computer and remove previously saved versions. Check your AOR 
status on Grants.gov to make sure your E-Business POC has authorized 
you to submit an application on behalf of your organization. Run the 
Check Package for Errors feature on the application package and correct 
any problems identified. Contact any persons or entities that were to 
submit third-party faxes to make sure that the faxes have been 
submitted using the facsimile cover page that you provided.

C. Submission Dates and Times

    Applications submitted through Grants.gov must be received and 
validated by Grants.gov no later than 11:59:59 p.m. eastern time on the 
application deadline date. There are several steps in the upload and 
receipt process, so applicants are advised to submit their applications 
at least 48 to 72 hours in advance of the deadline date and when the 
Grants.gov help desk is open so that any issues can be addressed prior 
to the deadline date and time. HUD recommends uploading your 
application using Internet Explorer or Netscape.
    1. Confirmation of Submission to Grants.gov. When you successfully 
upload an application to Grants.gov, you will receive a confirmation 
message on your computer screen that your application has been 
submitted to Grants.gov and is being processed. This confirmation will 
include a tracking number. Print this confirmation out and save it for 
your records. If you have submitted multiple applications, be sure to 
check to see what application to which each confirmation applies. The 
grant number, CFDA, and Funding Opportunity Number, as well as the date 
and time of submission, will appear on the confirmation. If you do not 
receive this confirmation, it means that your application has not been 
successfully uploaded. If your screen goes blank or you have problems 
uploading, you need to immediately call Grants.gov support at (800) 
518-GRANTS for assistance (this is a toll-free number).
    2. Application Submission Validation Check. The application will 
then go through a validation process. The validation check ensures 
that:
    a. The application is virus-free;
    b. The application meets the deadline requirements established for 
the funding opportunity;
    c. The DUNS number submitted on the application matches the DUNS 
number in the registration, and that the AOR has been authorized to 
submit the application for funding by the organization identified by 
its DUNS number; and
    d. All the mandatory (highlighted) fields and forms were completed 
on the application.

[[Page 2407]]

    3. Application Validation and Rejection Notification. If the 
application fails any of the above items during the validation check, 
the application package will be rejected and the submitter will receive 
an email indicating the application has been rejected. The email will 
include the reasons why the application was rejected. The validation 
check can occur 24 to 48 hours after the application submission. 
Therefore, HUD recommends that all applicants submit their application 
no later than 72 hours before the deadline. That way, if the 
application fails the validation process, the applicant will have time 
to make the corrections and resubmit the application before the 
deadline. By submitting 72 hours in advance of the deadline, applicants 
should have time to cure deficiencies in their application. In 
developing the application submission dates, HUD has considered the 
validation process and established due dates for all NOFAs that add in 
the additional time needed for the validation process. For example, if 
HUD previously provided a 60-day application period, HUD will provide a 
63-day application period in FY2007. In this scenario, however, in 
order to meet the validation requirement, your application must be 
submitted by the 60th day.
    4. Timely Receipt Requirements and Proof of Timely Submission
    a. Proof of Application Submission. Proof of timely submission and 
validation is automatically recorded by Grants.gov. An electronic time 
stamp is generated within the system when the application has been 
successfully received and validated.
    b. Confirmation Receipt. Upon submitting an application at 
Grants.gov, you will receive a Confirmation, which advises that your 
application is being processed. This confirmation will also include the 
Grants.gov tracking number. Print the confirmation and save it with 
your records.
    c. Validation Receipt via E-mail. Within 24 to 48 hours after 
receipt of the confirmation, the applicant will receive a validation 
receipt via email. The receipt indicates that the application has 
passed the validation review at Grants.gov and the application is ready 
to be retrieved by the grantor agency for agency processing. Please be 
aware that the Grants.gov validation does not indicate that the grantor 
agency has reviewed the content of your application; rather, the 
validation merely indicates that the application has been successfully 
received and is ready for pick-up by the grantor agency.
    d. Rejection Notice. If an application fails the validation 
process, the applicant will receive a rejection notice within 24 to 48 
hours after the confirmation notice. The applicant should review the 
rejection notice because it will include the reason for rejection. The 
applicant should try to cure the deficiencies and resubmit the 
application as soon as possible prior to the deadline. By submitting 
the application 72 hours prior to the deadline, applicants who have 
completed their registration should have sufficient time to cure the 
reasons for rejection and successfully resubmit their application in 
time to meet the deadline.
    e. Save and File Receipts. Applicants should save all receipts from 
Grants.gov, as well as facsimile receipts for proof of timely 
submission. Applicants will be considered as meeting the deadline date 
requirements when Grants.gov has received and validated your 
application no later than the deadline date and time, and when all fax 
transmissions have been received by the deadline date and time.
    f. Delayed Transmission Time. Applicants using dial-up connections 
should be aware that transmitting your application takes extra time 
before Grants.gov receives it. Grants.gov will provide either an error 
or a successfully received transmission message. The Grants.gov Help 
Desk reports that some applicants abort the transmission because they 
think that nothing is occurring during the transmission process. Please 
be patient and give the system time to process the application. 
Uploading and transmitting a large file, particularly electronic forms 
with associated eXtensible mark-up language (XML) schema, will take 
considerable time to process and be received by Grants.gov. However, 
the upload even for large files should not take longer than one hour. 
If you are still waiting after one hour for the submission to be 
uploaded to Grants.gov, stop the transmission and check the available 
disk space and memory on your computer. HUD has found that difficulty 
in uploading an application from the applicant's desktop is most 
frequently due to: (1) The application package being too large to be 
handled by the applicant's computer; (2) the local entity's network 
limits the size of files going in or out; or (3) the Internet service 
provider has a file size limit. Therefore, in such instances, the 
application should be reduced in size by removing attachment files and 
submitting the attachments via the facsimile method using the form HUD-
96011 as the cover page. The application without attachments should be 
uploaded to Grants.gov. HUD will match applications submitted to 
Grants.gov with facsimiles that have been transmitted following the 
directions in this notice.
    g. Ensure You Have Installed the Free Grants.gov Software. Check to 
ensure that the latest version of the software available from 
Grants.gov, which is free for system users, has been properly installed 
on your computer. Applicants will find a link to the free software for 
download at the Download Application page for the funding opportunity 
available on Grants.gov. HUD has found that an improper installation 
will result in an application not being able to upload properly. If you 
are not sure how to determine if the software is properly installed, 
call the Grants.gov Support Desk.
    5. Late applications. Applications validated by Grants.gov after 
the established deadline for the program will be considered late and 
will not receive funding consideration. Applicants should pay close 
attention to these submission and timely receipt instructions, as they 
can make a difference in whether HUD will accept your application for 
funding consideration. Similarly, HUD will not consider information 
submitted by facsimile as part of the application if received by HUD 
after the established deadline. Please take into account the 
transmission time required for submitting your application via the 
Internet and the time required to fax any related documents. HUD 
suggests that applicants submit their applications during the operating 
hours of the Grants.gov Help Desk so that, if there are questions 
concerning transmission, operators will be available to assist you 
through the process. Submitting your application early and during the 
Help Desk hours will also ensure that you have sufficient time for the 
application to complete its transmission before the application 
deadline.
    6. Continuum of Care Paper Application Submission. Applicants under 
the Continuum of Care program should follow the directions for 
application submission and timely receipt that are contained in the 
Continuum of Care program section.

D. Intergovernmental Review/State Points of Contact (SPOC)

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' was issued to foster intergovernmental partnership and 
strengthen federalism by relying on state and local processes for the 
coordination and review of federal financial

[[Page 2408]]

assistance and direct federal development. HUD implementing regulations 
are published at 24 CFR part 52. The executive order allows each state 
to designate an entity to perform a state review function. Applicants 
can find the official listing of State Points of Contact (SPOCs) for 
this review process at http://www.whitehouse.gov/omb/grants/spoc.html. 
States not listed on the Web site have chosen not to participate in the 
intergovernmental review process and, therefore, do not have a SPOC. If 
your state has a SPOC, you should contact the SPOC to see if it is 
interested in reviewing your application before submission to HUD.
    Please make sure that you allow ample time for this review when 
developing and submitting your applications. If your state does not 
have a SPOC, you can submit your application directly to HUD using 
Grants.gov.

E. Funding Restrictions

    The individual program NOFAs will describe any funding restrictions 
that apply to each program.

F. Other Submission Requirements

    1. Application Kits. There are no application kits for HUD 
programs. All the information you need to apply will be in the NOFA and 
available at http://www.grants.gov/applicants/apply_for_grants.jsp.
    2. Discrepancies between the Federal Register and Other Documents. 
The published Federal Register document is the official document that 
HUD uses to solicit applications. Therefore, if there is a discrepancy 
between any materials published by HUD in its Federal Register 
publications and other information provided in paper copy, electronic 
copy, at www.grants.gov, or at HUD's Web site, the Federal Register 
publication prevails. Please be sure to review your application 
submission against the requirements in the Federal Register file for 
the program NOFA or NOFAs to which you are applying.
    3. Application Certifications and Assurances. Applicants are placed 
on notice that by signing the SF-424 cover page:
    a. The governing body of the applicant's organization has duly 
authorized the application for federal assistance. In addition, by 
signing or electronically submitting the application, the AOR certifies 
that the applicant:
    (1) Has the legal authority to apply for federal assistance and has 
the institutional, managerial, and financial capacity (including funds 
to pay for any non-federal share of program costs) to plan, manage, and 
complete the program as described in the application;
    (2) Will provide HUD with any additional information it may 
require; and
    (3) Will administer the award in compliance with requirements 
identified and contained in the NOFA (General and Program sections) as 
applicable to the program for which funds are awarded and in accordance 
with requirements applicable to the program.
    b. No appropriated federal funds have been paid or will be paid, by 
or on behalf of the applicant, to any person for influencing or 
attempting to influence an officer or employee of any agency, a member 
of Congress, or an employee of a member of Congress, in connection with 
this application for federal assistance or any award of funds resulting 
from the submission of this application for federal assistance or its 
extension, renewal, amendment, or modification. If funds other than 
federal appropriated funds have been or will be paid for influencing or 
attempting to influence the persons listed above, the applicant agrees 
to complete and submit SF-LLL, Disclosure of Lobbying Activities, as 
part of its application submission package. The applicant further 
agrees to and certifies that it will require similar certification and 
disclosure of all subawards at all tiers, including subgrants and 
contracts.
    c. Federally recognized Indian tribes and tribally designated 
housing entities (TDHEs) established by a federally recognized Indian 
tribe, as a result of the exercise of the tribe's sovereign power, are 
excluded from coverage by item b. (also known as the Byrd Amendment). 
However, state-recognized Indian tribes and TDHEs established under 
state law are not excluded from the statute's coverage and therefore 
must comply with item b above.
    By submitting an application, the applicant affirms its awareness 
of these certifications and assurances. The AOR submitting the 
application is affirming that these certifications and assurances are 
material representations of the facts upon which HUD will rely when 
making an award to the applicant. If it is later determined that the 
signatory to the application submission knowingly made a false 
certification or assurance or did not have the authority to make a 
legally binding commitment for the applicant, the applicant may be 
subject to criminal prosecution, and HUD may terminate the award to the 
applicant organization or pursue other available remedies.
    4. Waiver of Electronic Submission Requirements. The regulatory 
framework for HUD's electronic submission requirement is the final rule 
established in 24 CFR 5.1005. Applicants seeking a waiver of the 
electronic submission requirement must request a waiver in accordance 
with 24 CFR 5.1005. HUD's regulations allow for a waiver of the 
electronic submission requirement for cause. If the waiver is granted, 
the applicable program office's response will include instructions on 
how many hard copies of the paper application must be submitted as well 
as how and where to submit them. Applicants that are granted a waiver 
of the electronic submission requirement will not be afforded 
additional time to submit their applications. The deadlines for 
applications will remain as provided in the program section of the 
SuperNOFA and as per the final Appendix A published with the SuperNOFA 
program sections. As a result, applicants seeking a waiver of the 
electronic application submission requirement should submit their 
waiver request with sufficient time to allow HUD to process and respond 
to the request. Applicants should also allow themselves sufficient time 
to submit their application so that HUD receives the application by the 
established deadline date. For this reason, HUD strongly recommends 
that if an applicant finds it cannot submit its application 
electronically and must seek a waiver of the electronic grant 
submission requirement, it should submit the waiver request to the 
headquarters of the applicable HUD office no later than 15 days before 
the application deadline. This will allow time for HUD to process the 
waiver request and give the applicant sufficient time to submit the 
paper application to meet the deadline if the waiver is granted. To 
expedite the receipt and review of such requests, applicants may email 
their requests to the program contact listed in the program NOFA. If 
HUD does not have sufficient time to process the waiver request, a 
waiver will not be granted. Paper applications received without a prior 
approved waiver and/or after the established deadline date will not be 
considered.

V. Application Review Information

A. Criteria

    1. Factors for Award Used to Evaluate and Rate Applications. For 
each program NOFA, the points awarded for the rating factors total 100. 
Depending on the program for which you are seeking funding, the funding

[[Page 2409]]

opportunity may provide up to four bonus points, as provided below:
    a. RC/EZ/EC-II. HUD will award two bonus points to each application 
that includes a valid form HUD-2990 certifying that the proposed 
activities/projects in the application are consistent with the 
strategic plan for an empowerment zone (EZ) designated by HUD or the 
U.S. Department of Agriculture (USDA), the tax incentive utilization 
plan for an urban or rural renewal community designated by HUD (RC), or 
the strategic plan for and enterprise community designated in round II 
by USDA (EZ-II), and that the proposed activities/projects will be 
located within the RC/EZ/EC-II identified above and are intended to 
serve the residents. For ease of reference in this notice, all of the 
federally designated areas are collectively referred to as ``RC/EZ/EC-
IIs'' and residents of any of these federally designated areas as ``RC/
EZ/EC-II residents.'' The individual funding announcements will 
indicate if the bonus points are available under the program. This 
notice contains a certification that must be completed for the 
applicant to be considered for RC/EZ/EC-II bonus points. Applicants can 
obtain a list of RC/EZ/EC-IIs from HUD's grants Web page at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Applicants can determine 
if their program or project activities are located in one of these 
designated areas by using the locator on HUD's Web site at http://egis.hud.gov/egis/.
    b. The Five Standard Rating Factors for FY2007. HUD has established 
the following five standard factors for awarding funds under the 
majority of its FY2007 program NOFAs.
    Factor 1: Capacity of the Applicant and Relevant Organizational 
Staff.
    Factor 2: Need/Extent of the Problem.
    Factor 3: Soundness of Approach.
    Factor 4: Leveraging Resources.
    Factor 5: Achieving Results and Program Evaluation.
    Additional details about the five rating factors and the maximum 
points for each factor are provided in the program NOFAs. For a 
specific funding opportunity, HUD may modify these factors to take into 
account explicit program needs or statutory or regulatory limitations. 
Applicants should carefully read the factors for award as described in 
the program NOFA to which you are responding.
    The Continuum of Care Homeless Assistance programs have only two 
factors that receive points: (1) Need and (2) Continuum of Care.
    c. Additional Criterion. In addition to the Standard Rating 
Criterion, HUD will consider the following additional items when rating 
your application(s).
    (1) Past Performance. In evaluating applications for funding, HUD 
will take into account applicants' past performance in managing funds, 
including, but not limited to, the ability to account for funds 
appropriately; timely use of funds received either from HUD or other 
federal, state, or local programs; timely submission and quality of 
reports to HUD; meeting performance targets as established in logic 
models approved as part of the grant agreement; timelines for 
completion of activities and receipt of promised matching or leveraged 
funds; and the number of persons to be served or targeted for 
assistance. HUD may consider information available from HUD's records; 
the name check review; public sources such as newspapers, Inspector 
General or Government Accountability Office reports or findings; or 
hotline or other complaints that have been proven to have merit.
    (2) Deducting Points for Poor Performance. In evaluating past 
performance, HUD may elect to deduct points from the rating score or 
establish threshold levels as specified under the Factors for Award in 
the individual program NOFAs.

B. Reviews and Selection Process

    1. HUD's Strategic Goals to Implement HUD's Strategic Framework and 
Demonstrate Results. HUD is committed to ensuring that programs result 
in the achievement of HUD's strategic mission. To support this effort, 
grant applications submitted for HUD programs will be rated on how well 
they tie proposed outcomes to HUD's policy priorities and annual goals 
and objectives, as well as the quality of the applicant's proposed 
evaluation and monitoring plans. HUD's strategic framework establishes 
the following goals and objectives for the Department:
    a. Increase Homeownership Opportunities.
    (1) Expand national homeownership opportunities.
    (2) Increase minority homeownership.
    (3) Make the home-buying process less complicated and less 
expensive.
    (4) Reduce predatory lending practices through reform, education, 
and enforcement.
    (5) Help HUD-assisted renters become homeowners.
    (6) Keep existing homeowners from losing their homes.
    b. Promote Decent Affordable Housing.
    (1) Expand access to and the availability of decent, affordable 
rental housing.
    (2) Improve the management accountability and physical quality of 
public and assisted housing.
    (3) Improve housing opportunities for the elderly and persons with 
disabilities.
    (4) Promote housing self-sufficiency.
    (5) Facilitate more effective delivery of affordable housing by 
reforming public housing and the Housing Choice Voucher program.
    c. Strengthen Communities.
    (1) Assist disaster recovery in the Gulf Coast region.
    (2) Enhance sustainability of communities by expanding economic 
opportunities.
    (3) Foster a suitable living environment in communities by 
improving physical conditions and quality of life.
    (4) End chronic homelessness and move homeless families and 
individuals to permanent housing.
    (5) Mitigate housing conditions that threaten health.
    d. Ensure Equal Opportunity in Housing.
    (1) Ensure access to a fair and effective administrative process to 
investigate and resolve complaints of discrimination.
    (2) Improve public awareness of rights and responsibilities under 
fair housing laws.
    (3) Improve housing accessibility for persons with disabilities.
    (4) Ensure that HUD-funded entities comply with fair housing and 
other civil rights laws.
    e. Embrace High Standards of Ethics, Management, and 
Accountability.
    (1) Strategically manage human capital to increase employee 
satisfaction and improve HUD performance.
    (2) Improve HUD's management and internal controls to ensure 
program compliance and resolve audit issues.
    (3) Improve accountability, service delivery, and customer service 
of HUD and its partners.
    (4) Capitalize on modernized technology to improve the delivery of 
HUD's core business functions.
    f. Promote Participation of Faith-Based and Other Community 
Organizations.
    (1) Reduce barriers to faith-based and other community 
organizations.
    (2) Conduct outreach and provide technical assistance to strengthen 
the capacity of faith-based and community organizations to attract 
partners and secure resources.
    (3) Encourage partnerships between faith-based and other community

[[Page 2410]]

organizations and HUD's grantees and subgrantees.
    Additional information about HUD's New Strategic Plan FY2006-
FY2011, and 2002-2007 Annual Performance Plans is available at http://www.hud.gov/offices/cfo/reports/cforept.cfm.
    2. Policy Priorities. HUD encourages applicants to undertake 
specific activities that will assist the Department in implementing its 
policy priorities and achieving its goals for FY2007 and beyond, when 
the majority of funding recipients will be reporting programmatic 
results and achievements. Applicants that include work activities that 
specifically address one or more of these policy priorities will 
receive higher rating scores than applicants that do not address these 
HUD priorities. Each NOFA issued in FY2007 will specify which 
priorities relate to a particular program and how many points will be 
awarded for addressing those priorities.
    a. Providing Increased Homeownership and Rental Opportunities for 
Low- and Moderate-Income Persons, Persons with Disabilities, the 
Elderly, Minorities, and Persons with Limited English Proficiency. Too 
often, these individuals and families are shut out of the housing 
market through no fault of their own. Often, developers of housing, 
housing counseling agencies, and other organizations engaged in the 
housing industry must work aggressively to open up the realm of 
homeownership and rental opportunities to low- and moderate-income 
persons, persons with disabilities, the elderly, minorities, and 
persons with limited English proficiency. Many of these families are 
anxious to have homes of their own, but are not aware of the programs 
and assistance that are available. Applicants are encouraged to address 
the housing, housing counseling, and other related supportive service 
needs of these individuals and coordinate their proposed activities 
with funding available through HUD's affordable housing programs and 
home loan programs.
    Proposed activities support strategic goals a, b, and d.
    b. Improving our Nation's Communities. HUD wants to improve the 
quality of life for those living in distressed communities. Applicants 
are encouraged to include activities that:
    (1) Bring private capital into distressed communities;
    (2) Finance business investments to grow new businesses;
    (3) Maintain and expand existing businesses;
    (4) Create a pool of funds for new small and minority-owned 
businesses; and
    (5) Create decent jobs for low-income persons.
    (6) Improve the environmental health and safety of families living 
in public and privately owned housing by including activities that:
    (i) Coordinate lead hazard reduction programs with weatherization 
activities funded by state and local governments and the federal 
government; and
    (ii) Reduce or eliminate health-related hazards in the home caused 
by toxic agents, such as molds and other allergens, carbon monoxide, 
and other hazardous agents and conditions;
    (7) Make communities more livable by:
    (i) Providing public and social services; and
    (ii) Improving infrastructure and community facilities.
    Activities support strategic goals b, c, and d.
    c. Encouraging Accessible Design Features. As described in Section 
III.C.2.c., applicants must comply with applicable civil rights laws, 
including the Fair Housing Act, Section 504 of the Rehabilitation Act 
of 1973, and the Americans with Disabilities Act. These laws and the 
regulations implementing them provide for nondiscrimination based on 
disability and require housing and other facilities to incorporate 
certain features intended to provide for their use and enjoyment by 
persons with disabilities. HUD is encouraging applicants to add 
accessible design features beyond those required under civil rights 
laws and regulations. Such features would eliminate many other barriers 
limiting the access of persons with disabilities to housing and other 
facilities. Copies of the Uniform Federal Accessibility Standards 
(UFAS) are available from the NOFA Information Center at (800) HUD-8929 
and also from the Office of Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 5230, Washington, DC 20410-2000; telephone (202) 755-5404 or toll-
free at (800) 877-8339 (TTY). Persons with hearing or speech 
impairments may access these numbers via TTY by calling the Federal 
Information Relay Service at (800) 877-8339. (These are toll-free 
numbers.)
    Accessible design features are intended to promote visitability and 
incorporate features of universal design, as described below.
    (1) Visitability in New Construction and Substantial 
Rehabilitation. Applicants are encouraged to incorporate visitability 
standards, where feasible, in new construction and substantial 
rehabilitation projects. Visitability standards allow a person with 
mobility impairments access into the home, but do not require that all 
features be made accessible. Visitability means that there is at least 
one entrance at grade (no steps), approached by an accessible route 
such as a sidewalk, and that the entrance door and all interior passage 
doors are at least 2 feet, 10 inches wide, allowing 32 inches of clear 
passage space. A visitable home also serves persons without 
disabilities, such as a mother pushing a stroller or a person 
delivering a large appliance. More information about visitability is 
available at http://www.concretechange.org/.
    Activities support strategic goals b, c, and d.
    (2) Universal Design. Applicants are encouraged to incorporate 
universal design in the construction or rehabilitation of housing, 
retail establishments, and community facilities funded with HUD 
assistance. Universal design is the design of products and environments 
to be usable by all people to the greatest extent possible, without the 
need for adaptation or specialized design. The intent of universal 
design is to simplify life for everyone by making products, 
communications, and the built environment more usable by as many people 
as possible at little or no extra cost to the user. Universal design 
benefits people of all ages and abilities. In addition to any 
applicable required accessibility feature under Section 504 of the 
Rehabilitation Act of 1973 or the design and construction requirements 
of the Fair Housing Act, the Department encourages applicants to 
incorporate the principles of universal design when developing housing, 
community facilities, and electronic communication mechanisms, or when 
communicating with community residents at public meetings or events.
    HUD believes that by creating housing that is accessible to all, it 
can increase the supply of affordable housing for all, regardless of 
ability or age. Likewise, creating places where people work, train, and 
interact that are usable and open to all residents increases 
opportunities for economic and personal self-sufficiency. More 
information on universal design is available from the Center for 
Universal Design at http://www.design.ncsu.edu:8120/cud/ or the 
Resource Center on Accessible Housing and Universal Design at 
www.abledata.com/
abledata.cfm?pageid=113573⊤=16029&sectionid[fxsp
0]=19326.

[[Page 2411]]

    Activities support strategic goals a thru d.
    d. Providing Full and Equal Access to Grassroots Faith-Based and 
Other Community Organizations in HUD Program Implementation.
    (1) HUD encourages nonprofit organizations, including grassroots 
faith-based and other community organizations, to participate in the 
vast array of programs for which funding is available through HUD's 
programs. HUD also encourages states, units of local government, 
universities, colleges, and other organizations to partner with 
grassroots organizations (e.g., civic organizations, faith communities, 
and grassroots faith-based and other community organizations) that have 
not been effectively utilized. These grassroots organizations have a 
strong history of providing vital community services, such as assisting 
the homeless and preventing homelessness, counseling individuals and 
families on fair housing rights, providing elderly housing 
opportunities, developing first-time homeownership programs, increasing 
homeownership and rental housing opportunities in neighborhoods of 
choice, developing affordable and accessible housing in neighborhoods 
across the country, creating economic development programs, and 
supporting the residents of public housing facilities. HUD seeks to 
make its programs more effective, efficient, and accessible by 
expanding opportunities for grassroots organizations to participate in 
developing solutions for their own neighborhoods. Additionally, HUD 
encourages applicants to include these grassroots faith-based and other 
community organizations in their work plans. Applicants, their 
partners, and participants must review the individual FY2007 HUD 
program announcements to determine whether they are eligible to apply 
for funding directly or whether they must establish a working 
relationship with an eligible applicant in order to participate in a 
HUD funding opportunity. Grassroots faith-based and other community 
organizations, and applicants that currently or propose to partner, 
fund, subgrant, or subcontract with grassroots organizations (including 
grassroots faith-based or other community nonprofit organizations 
eligible under applicable program regulations) in conducting their work 
programs will receive higher rating points, as specified in the 
individual FY2007 HUD program announcements.
    (2) Definitions of Grassroots Organizations.
    (a) HUD will consider an organization a ``grassroots organization'' 
if the organization is headquartered in the local community in which it 
provides services; and
    (i) Has a social services budget of $300,000 or less, or
    (ii) Has six or fewer full-time equivalent employees.
    (b) Local affiliates of national organizations are not considered 
``grassroots.'' Local affiliates of national organizations are 
encouraged, however, to partner with grassroots organizations, but must 
demonstrate that they are currently working with a grassroots 
organization (e.g., having a grassroots faith-based or other community 
organization provide volunteers).
    (c) The cap provided in paragraph (2)(a)(i) above includes only 
that portion of an organization's budget allocated to providing social 
services. It does not include other portions of the budget, such as 
salaries and expenses, not directly expended in the provision of social 
services.
    Activities support strategic goal f.
    e. Participation of Minority-Serving Institutions (MSIs) in HUD 
Programs. Pursuant to Executive Orders 13256, ``President's Board of 
Advisors on Historically Black Colleges and Universities,'' 13230, 
``President's Advisory Commission on Educational Excellence for 
Hispanic Americans,'' 13216, ``Increasing Participation of Asian 
Americans and Pacific Islanders in Federal Programs,'' and 13270, 
``Tribal Colleges and Universities,'' HUD is strongly committed to 
broadening the participation of MSIs in its programs. HUD is interested 
in increasing the participation of MSIs in order to advance the 
development of human potential, strengthen the nation's capacity to 
provide high quality education, and increase opportunities for MSIs to 
participate and benefit from federal financial assistance programs. HUD 
encourages all applicants and recipients to include meaningful 
participation of MSIs in their work programs. A listing of MSIs can be 
found on the Department of Education Web site at www.ed.gov/about/offices/list/ocr/edlite-minorityinst.html or HUD's Web site at 
www.hud.gov/offices/adm/grants/fundsavail.cfm. Activities support 
strategic goals c and d.
    f. Ending Chronic Homelessness. President Bush has set a national 
goal to end chronic homelessness. HUD Secretary Alphonso Jackson has 
embraced this goal and has pledged that HUD's grant programs will be 
used to support the President's goal and better meet the needs of 
chronically homeless individuals. A person experiencing chronic 
homelessness is defined as an unaccompanied individual with a disabling 
condition who has been continuously homeless for a year or more or has 
experienced four or more episodes of homelessness over the last 3 
years. A disabling condition is defined as a diagnosable substance 
abuse disorder, serious mental illness, developmental disability, or 
chronic physical illness or disability, including the co-occurrence of 
two or more of these conditions. Applicants are encouraged to target 
assistance to chronically homeless persons by undertaking activities 
that will result in:
    (1) Creation of affordable housing units, supportive housing, and 
group homes;
    (2) Establishment of a set-aside of units of affordable housing for 
the chronically homeless;
    (3) Establishment of substance abuse treatment programs targeted to 
the homeless population;
    (4) Establishment of job training programs that will provide 
opportunities for economic self-sufficiency;
    (5) Establishment of counseling programs that assist homeless 
persons in finding housing, managing finances, managing anger, and 
building interpersonal relationships;
    (6) Provision of supportive services, such as health care 
assistance, that will permit homeless individuals to become productive 
members of society; and
    (7) Provision of service coordinators or one-stop assistance 
centers that will ensure that chronically homeless persons have access 
to a variety of social services.
    Applicants that are developing programs to meet the goals set in 
this policy priority should keep in mind the requirements of the 
regulations implementing Section 504 of the Rehabilitation Act, in 
particular, 24 CFR 8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d).
    Activities support strategic goals b and c.
    g. Removal of Regulatory Barriers to Affordable Housing.
    In FY2007, HUD continues to make removal of regulatory barriers a 
policy priority. Through the Department's America's Affordable 
Communities Initiative, HUD is seeking input into how it can work more 
effectively with the public and private sectors to remove regulatory 
barriers to affordable housing. Increasing the affordability of rental 
and homeownership housing continues to be a high priority of the 
Department. Addressing these barriers to housing affordability is a 
necessary component of any overall national housing policy.
    Under this policy priority, higher rating points are available to: 
(1) governmental applicants that are able to

[[Page 2412]]

demonstrate successful efforts in removing regulatory barriers to 
affordable housing and (2) nongovernmental applicants that are 
associated with jurisdictions that have undertaken successful efforts 
in removing barriers. To obtain the policy priority points for efforts 
to successfully remove regulatory barriers, applicants must complete 
form HUD-27300, ``Questionnaire for HUD's Removal of Regulatory 
Barriers'' (``HUD Communities Initiative'' on Grants.gov). Copies of 
HUD's notices published on this issue can be found on HUD's Web site at 
http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    Local jurisdictions and counties with land use and building 
regulatory authority applying for funding, as well as PHAs, nonprofit 
organizations, and other qualified applicants applying for funds for 
projects located in these jurisdictions, are invited to answer the 20 
questions under Part A. An applicant that scores at least five in 
column 2 will receive one point in the NOFA evaluation. An applicant 
that scores ten or more in column 2 will receive two points in the NOFA 
evaluation.
    State agencies or departments applying for funding, as well as 
PHAs, nonprofit organizations, and other qualified applicants applying 
for funds for projects located in unincorporated areas or areas not 
otherwise covered in Part A, are invited to answer the 15 questions 
under Part B. Under Part B, an applicant that scores at least four in 
column 2 will receive one point in the NOFA evaluation. Under Part B, 
an applicant that scores eight or more will receive a total of two 
points in the respective evaluation.
    Applicants that will be providing services in multiple 
jurisdictions may choose to address the questions in either Part A or 
Part B for that jurisdiction in which the preponderance of services 
will be performed should an award be made. In no case will an applicant 
receive more than two points for barrier removal activities under this 
policy priority. An applicant that is an Indian tribe or TDHE may 
choose to complete either Part A or Part B after determining whether 
the tribe's or TDHE's association with the local jurisdiction or the 
state would be the more advantageous for its application.
    The form HUD-27300, ``Questionnaire for HUD's Removal of Regulatory 
Barriers'' (``HUD Communities Initiative'' on Grants.gov), is available 
as part of the application package retrieved from Grants.gov, and at 
http://www.hudclips.org/sub_nonhud/html/forms.htm. A limited number of 
questions on the form expressly request the applicant to provide brief 
documentation with its response. Other questions require that, for each 
affirmative statement made, the applicant supply a reference, Internet 
address, or brief statement indicating where the back-up information 
may be found and a point of contact, including a telephone number or 
email address. To obtain an understanding of this policy priority and 
how it can affect their score, applicants are encouraged to read HUD's 
three notices, which are available at http://www.hud.gov/initiatives/affordablecom.cfm. Applicants that do not provide the Internet 
addresses, references, or documentation will not get the policy 
priority points. Activities support strategic goals a and b.
    h. Participation in Energy Star. HUD has adopted a wide-ranging 
energy action plan for improving energy efficiency in all program 
areas. As a first step in implementing the energy plan, HUD, the 
Environmental Protection Agency (EPA), and the Department of Energy 
(DOE) have signed a partnership to promote energy efficiency in HUD's 
affordable housing programs, including public housing, HUD-insured 
housing, and housing financed through HUD formula and competitive 
programs. The purpose of the Energy Star partnership is to promote 
energy-efficient affordable housing stock while protecting the 
environment. Applicants constructing, rehabilitating, or maintaining 
housing or community facilities are encouraged to promote energy 
efficiency in design and operations. They are urged especially to 
purchase and use products that display the Energy Star label. 
Applicants providing housing assistance or counseling services are 
encouraged to promote Energy Star materials and practices, as well as 
buildings constructed to Energy Star standards, to both homebuyers and 
renters.
    Applicants are encouraged to undertake program activities that 
include developing Energy Star promotional and information materials; 
providing outreach to low- and moderate-income renters and buyers on 
the benefits and savings when using Energy Star products and 
appliances; utilizing Energy Star-designated products in the 
construction or rehabilitation of housing units; and replacing worn 
products or facilities, such as light bulbs, water heaters, furnaces, 
etc., with Energy Star products in order to reduce operating costs. 
Communities and developers are encouraged to promote the designation of 
community buildings and homes as Energy Star compliant. For further 
information about Energy Star, see http://www.energystar.gov or call 
the following toll-free numbers: (888) 782-7937 or (888) 588-9920 
(TTY).
    Activities support strategic goals a and b.
    3. Threshold Compliance. Only applications that meet all of the 
threshold requirements will be eligible to receive an award of funds 
from HUD.
    4. Corrections to Deficient Applications. After the application 
deadline, HUD may not, consistent with its regulations in 24 CFR part 
4, subpart B, consider any unsolicited information that you, the 
applicant, may want to provide. HUD may contact you to clarify an item 
in your application or to correct curable (correctable) technical 
deficiencies. HUD may not seek clarification of items or responses that 
improve the substantive quality of your response to any rating factors. 
In order not to unreasonably exclude applications from being rated and 
ranked, HUD may contact applicants to ensure proper completion of the 
application and will do so on a uniform basis for all applicants.
    Examples of curable (correctable) technical deficiencies include 
inconsistencies in the funding request, failure to submit the proper 
certifications, and failure to submit an application that contains a 
signature by an official able to make a legally binding commitment on 
behalf of the applicant. In the case of an applicant that received a 
waiver of the regulatory requirement to submit an electronic 
application, the technical deficiency may include failure to submit an 
application that contains an original signature. If HUD finds a curable 
deficiency in the application, HUD will notify you in writing by 
describing the clarification or technical deficiency. HUD will notify 
applicants by facsimile or via the U.S. Postal Service, return receipt 
requested. Clarifications or corrections of technical deficiencies in 
accordance with the information provided by HUD must be submitted 
within 14 calendar days of the date of receipt of the HUD notification. 
(If the deadline date falls on a Saturday, Sunday, or federal holiday, 
your correction must be received by HUD on the next day that is not a 
Saturday, Sunday, or federal holiday.) If the deficiency is not 
corrected within this time, HUD will reject the application as 
incomplete, and it will not be considered for funding. In order to meet 
statutory deadlines for the obligation of funds or for timely 
completion of the review process, program NOFAs may reduce the number 
of days for submitting a response to a HUD clarification or a 
correction to a technical deficiency. Please be sure to

[[Page 2413]]

carefully read each program NOFA for any additional information and 
instructions. An applicant's response to a HUD notification of a 
curable deficiency should be submitted directly to HUD in accordance 
with the instructions provided in the notification.
    5. Rating Panels. To review and rate applications, HUD may 
establish panels that may include persons not currently employed by 
HUD. HUD may include these non-HUD employees to obtain particular 
expertise and outside points of view, including views from other 
federal agencies. Persons brought into HUD to review applications are 
subject to conflict-of-interest provisions. In addition, reviewers 
using HUD information technology (IT) systems may be subject to an IT 
security check.
    6. Rating. HUD will evaluate and rate all applications for funding 
that meet the threshold requirements.
    7. Ranking. HUD will rank applicants within each program or, for 
Continuum of Care applicants, across the three programs identified in 
the Continuum of Care NOFA. HUD will rank applicants only against those 
applying for the same program funding.
    Where there are set-asides within a program competition, you, the 
applicant, will compete against only those applicants in the same set-
aside competition.

C. Anticipated Announcement and Award Dates

    The individual program NOFAs will provide the applicable 
information regarding this subject.

VI. Award Administration Information

A. Award Notices

    1. Negotiation. After it has rated and ranked all applications and 
made selections, HUD may require, depending upon the program, that a 
selected applicant participate in negotiations to determine the 
specific terms of the funding agreement and budget. In cases where HUD 
cannot successfully conclude negotiations with a selected applicant or 
a selected applicant fails to provide HUD with requested information, 
an award will not be made to that applicant. In such an instance, HUD 
may offer an award to and proceed with negotiations with the next 
highest-ranking applicant.
    2. Adjustments to Funding.
    a. To ensure the fair distribution of funds and enable the purposes 
or requirements of a specific program to be met, HUD reserves the right 
to fund less than the full amount requested in your application.
    b. HUD will not fund any portion of your application that: (1) is 
not eligible for funding under specific HUD program statutory or 
regulatory requirements; (2) does not meet the requirements of this 
notice; or (3) is duplicative of other funded programs or activities 
from prior year awards or other selected applicants. Only the eligible 
portions of your application (excluding duplicative portions) may be 
funded.
    c. If funds remain after funding the highest-ranking applications, 
HUD may fund all or part of the next highest-ranking application in a 
given program. If you, the applicant, turn down an award offer, HUD 
will make an offer of funding to the next highest-ranking application.
    d. If funds remain after all selections have been made, remaining 
funds may be made available within the current fiscal year for other 
competitions within the program area or held over for future 
competitions.
    e. Individual program NOFAs may have other requirements, so please 
review the program NOFA carefully.
    3. Funding Errors. In the event HUD commits an error that, if 
corrected, would result in selection of an applicant during the funding 
round of a program NOFA, HUD may select that applicant when sufficient 
funds become available.
    4. Performance and Compliance Actions of Funding Recipients. HUD 
will measure and address the performance and compliance actions of 
funding recipients in accordance with the applicable standards and 
sanctions of their respective programs.
    5. Debriefing. For a period of at least 120 days, beginning 30 days 
after the awards for assistance are publicly announced, HUD will 
provide to a requesting applicant a debriefing related to its 
application. A request for debriefing must be made in writing or by 
email by the authorized official whose signature appears on the SF-424 
or by his or her successor in office, and be submitted to the person or 
organization identified as the contact under the section entitled 
``Agency Contact(s)'' in the individual program NOFA under which you 
applied for assistance. Information provided during a debriefing will 
include, at a minimum, the final score you received for each rating 
factor, final evaluator comments for each rating factor, and the final 
assessment indicating the basis upon which assistance was provided or 
denied.

B. Administrative and National Policy Requirements

    See Section III.C. of this notice regarding related requirements.

C. Reporting

    1. Use of a Logic Model to Report Performance. In FY2004, HUD used 
as a planning tool the logic model submitted as part of NOFA 
applications. In FY2005, HUD required grant agreements to incorporate 
performance reporting against the approved logic model. In FY2006, HUD 
moved to standardized ``master'' logic models from which applicants can 
select needs, activities/outputs, and outcomes appropriate to their 
programs. In addition, program offices have identified Program 
Management Evaluation Questions that grantees will be required to 
report on as specified in the approved program eLogic Model\TM\. The 
time frame established for the logic model reporting will be in 
accordance with the program's established reporting periods and as 
stated in the program NOFA.
    2. Placement of Approved Logic Models and Reports on HUD's Web 
site. It is HUD's intent to publish approved logic models and grantee 
progress reports submitted to HUD on its Grants web site. Starting with 
awards made in FY2007, HUD is establishing a Grants Performance page 
that will feature program performance ratings issued by OMB under its 
Program Assessment Rating Tool (PART), or its successor tool, for HUD 
programs that have been evaluated by OMB. HUD will also post all 
approved logic models that show each awardee's projected outputs and 
outcomes during the period of performance. As required performance 
reports are received by HUD, they will be added to the web site. HUD is 
creating this web site page to highlight and make available to the 
public performance and results from HUD-funded programs in keeping with 
Executive Order 13392, issued December 14, 2005, and published in the 
Federal Register on December 19, 2005 (70 FR 75373). HUD believes that 
informing the public on progress in funded programs is in keeping with 
presidential and congressional intent for transparency in federally 
funded programs, as demonstrated by the passage of the Federal Funding 
Accountability and Transparency Act of 2006 (Pub. L. 109-282), and 
creation of the federal Web sites http://www.ExpectMore.gov and http://www.Results.gov.
    3. HUD also intends to propose Return on Investment (ROI) 
Statements for each of its competitive grant programs. Before 
finalizing ROI Statements for implementation, HUD will publish the 
proposed ROI Statements for public comment. HUD

[[Page 2414]]

believes the applicant/grantee community can greatly assist HUD in its 
attempt to place a value on the work done under the Department's grant 
programs. While HUD expects grantees to respond to the Management 
Evaluation Questions in their final reports, reporting on the ROI 
Statements is not mandatory at this time. As HUD finalizes ROI 
Statements for each program, they will be included in awards in the 
future. HUD intends to publish the first ROI Statements for public 
comment and input during FY2007.
    4. The logic model form (HUD-96010), which is a Microsoft Excel 
workbook, contains instructions in Tab 1 on how to use the form. The 
form or eLogic Model incorporates a program-specific master list of 
statements of need, service, or activity/output(s) and their associated 
unit(s) of measure; and outcome(s) and their associated unit(s) of 
measure. Applicants will be required to click on a cell within a 
column. When you click on the cell, the drop-down button appears to the 
right of the cell. Applicants can then select the appropriate 
statement(s) to reflect their proposed program. Applicants can select 
multiple need(s) and services, or activities/outputs and outcomes, but 
each selection is entered in separate cells using the drop-down menu. 
The units of measure, whether for outputs or outcomes, contain both a 
number and a descriptor of the output or outcome that is counted. 
Applicants select the unit of measure in accordance with the output or 
outcome selected, and then insert the expected number of units to be 
completed or achieved during the period of performance. In this manner, 
the applicant will build a custom logic model reflecting their program 
of activities. The custom logic model will link the need(s) to the 
activity/output(s), which in turn are linked to the result or expected 
outcome(s).
    5. Based upon experience gathered from the logic models completed 
in FY2006, HUD has made the following changes to the logic model 
format:
    a. Added drop-down menus for HUD Strategic Goals and Policy 
Priorities to eliminate applicant confusion as to what letters and 
numbers to use for the goals and priorities, and to improve data 
quality;
    b. Added tabs for Year 1, Year 2, and Year 3 activities as well as 
a tab for Total. HUD found that applicants within a program had varying 
opinions or interpretations on time frames for short, intermediate, and 
long term. To provide for greater consistency in reporting, applicants 
should include all activities and outcomes expected per year of the 
period of performance. HUD also found that applicants varied their use 
of the short, intermediate, and long-term totals so that it was 
difficult to distinguish if long-term totals were cumulative or just 
reflective of the activities performed during the last reporting 
period. To eliminate this problem, HUD has added a Total tab so that 
cumulative projected and final results can be shown covering all years 
of the period of performance. Applicants with a one-year period of 
performance will only have to complete the Year 1 tab, since the total 
results will all occur in the one-year award period.
    c. Included a new tab for reporting instructions. For the grantees' 
convenience and to call attention to the requirements, the logic model 
form now contains reporting instructions. The instructions ask 
applicants to identify in their reports to HUD where actual results 
deviated from projected results--either positively or negatively. The 
Reporting Instruction tab includes a text field in which grantees can 
report any deviations, as well as their responses to the management 
questions. While these changes to the form do not add additional burden 
hours to the information collection, HUD believes that the changes will 
assist the applicant in completing their logic model and provide for 
better quality logic models and reporting to HUD. The changes were 
developed based on eLogic ModelsTM received in FY2006 and 
comments received from applicants during the NOFA process. HUD will 
continue to review data received via the eLogic ModelsTM and 
would like to thank the applicant/grantee community for their 
recommendations and insights.
    6. In FY2007, grantees must adhere to the following reporting 
principles:
    a. An evaluation process will be part of the ongoing management of 
the HUD-funded award;
    b. Comparisons will be made between projected and actual numbers 
for outputs and outcomes;
    c. Deviations from projected outputs and outcomes will be 
documented and explained as part of required reporting; and
    d. Data will be analyzed to determine the relationship of outputs 
to outcomes to determine which outputs produce which outcomes and which 
are most effective.
    As stated above, in FY2006, HUD required each program to establish 
a set of Program Management Evaluation Questions for grantee reporting. 
Grantees must use these questions to self-evaluate the management and 
performance of their program. HUD is continuing this practice in 
FY2007. In developing the master logic model Program Management 
Evaluation Questions, HUD trained its program managers on the Carter-
Richmond Methodology, a critical thinking process that identifies key 
management and evaluation questions for HUD's programs. The following 
table identifies the Carter-Richmond generic questions and where the 
source data is found in the logic model.

     Carter-Richmond Methodology: \1\ Building Blocks for Effective
                               Management
------------------------------------------------------------------------
                                          Logic model columns for source
          Management questions                         data
------------------------------------------------------------------------
1. How many clients are you serving?...  Service/Activity/Output.
2. How many units were provided?.......  Service/Activity/Output.
3. Who are you serving?................  Service/Activity/Output.
4. What services do you provide?.......  Service/Activity/Output.
5. What does it cost?..................  Service/Activity/Output.
6. What does it cost per service         Service/Activity/Output/
 delivered?.                              Evaluation.
7. What happens to the ``subjects'' as   Outcome
 a result of the service? \2\.
8. What does it cost per outcome?......  Outcome and Evaluation.
9. What is the value of the outcome?...  Outcome and Evaluation.
10. What is the return on investment?..  Evaluation.
------------------------------------------------------------------------
\1\``The Accountable Agency--How to Evaluate the Effectiveness of Pubic
  and Private Programs,'' Reginald Carter, ISBN Number 9780978724924.
\2\The subject can be a client or a unit, such as a building, and is
  defined in its associated unit of service.


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    As a result of this training, each program has developed specific 
Program Management Evaluation Questions tailored to the statutory 
purpose of each of their programs. Each program NOFA will require 
applicants to address these questions based upon the Carter-Richmond 
Methodology in their reports to HUD. The program NOFAs will identify 
the particular questions to be addressed that relate to the statutory 
purpose and intent of each program.
    Training on HUD's logic model and on the reporting requirements for 
addressing the Program Management Evaluation Questions will be provided 
via satellite broadcast. The training will also provide examples of how 
to construct the logic model using the drop-down lists in the eLogic 
Model.\TM\ Training materials and the dates for the training will be on 
HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, 
shortly after publication of the SuperNOFA. In addition, each program 
NOFA broadcast will address the specific questions and reporting 
requirements for the program.
    Applicants should submit the completed logic model as an attachment 
to their application, in accordance with the directions in the program 
NOFA for addressing the factors for award. Each program NOFA will 
identify if it requires the factors for award, including the logic 
model that is required as part of the application submission, to be 
submitted as a single attached file or as separate files. Please follow 
the program NOFA directions. Applicants must submit the Logic Model in 
the Microsoft Excel format provided. DO NOT convert the file to PDF 
format.
    After being selected for funding and awarded funds, grantees will 
be required to submit a completed form HUD-96010, Logic Model, 
indicating results achieved against the proposed output(s) and proposed 
outcome(s) stated in the grantee's approved application and agreed to 
by HUD. The logic model and required management questions must be 
submitted to HUD in accord with the reporting periods identified in 
each program NOFA for providing reports to HUD.
    7. Use of Form HUD-27061, Race and Ethnic Data Reporting Form, to 
Report Race and Ethnicity Data for Beneficiaries of HUD Programs. HUD 
requires grantees that provide HUD program benefits to individuals or 
families to report data on the race and ethnicity of those receiving 
such benefits. Grantees that provide benefits to individuals during the 
period of performance, whether directly, through subrecipients, or 
through contractual arrangements, must report the data using form HUD-
27061, Race and Ethnic Data Reporting Form, on Grants.gov. The form is 
a data collection based on the standards published by OMB on August 13, 
2002. The individual program NOFAs will identify applicable reporting 
requirements related to each program. Applicants reporting to HUD using 
an online system can use that system to meet this requirement, provided 
the data elements and reports derived from the system are equivalent to 
the data collection in the form HUD-27061.
    8. Frequency of Reports and Data Consistency.
    a. Logic Model Reporting. When submitting eLogic Model\TM\ reports 
on a quarterly or semi-annual basis, each report should show the 
results that occurred during that reporting period. All final reports 
should provide a final eLogic Model\TM\ performance for the entire 
period of the award.
    b. Race and Ethnic Data Report. When submitting the Race and Ethnic 
Data Reporting Form (HUD-27061) on a quarterly or semi-annual basis, 
each reporting period should show the results that occurred during the 
performance period for all active clients. If a multi-year program is 
funded, then each annual report should show results that occurred 
during that performance year for all active clients. A final form HUD-
27061 should show results for all active clients for the entire period 
of performance.

VII. Agency Contact(s)

    The individual program NOFAs will identify the applicable agency 
contacts related to each program. Questions regarding this notice 
should be directed to the NOFA Information Center between the hours of 
10 a.m. and 6:30 p.m. eastern time at (800) HUD-8929. Persons with 
hearing or speech impairments may access this number via TTY by calling 
the Federal Information Relay Service at (800) 877-8339. (These are 
toll-free numbers.) Questions regarding specific program requirements 
should be directed to the agency contacts identified in each program 
NOFA.

VIII. Other Information

A. Grants.gov and Public Law 106-107 Streamlining Activities

    The Federal Financial Assistance Management Improvement Act of 1999 
(Pub. L. 106-107) directs each federal agency to develop and implement 
a plan that, among other things, streamlines and simplifies the 
application, administrative, and reporting procedures for federal 
financial assistance programs administered by the agency. This law also 
requires the Director of OMB to direct, coordinate, and assist federal 
agencies in establishing: (1) a common application and reporting system 
and (2) an interagency process for addressing ways to streamline and 
simplify federal financial assistance application and administrative 
procedures as well as reporting requirements for program applicants. 
Over the last several years, the Public Law 106-107 work groups have 
been engaged in various streamlining activities that are now being 
shared with the grantee community for their input prior to being 
implemented across the federal government. Applicants and grantees are 
urged to participate in the listening tour broadcasts sponsored by the 
Grants Policy Council and the Public Law 106-107 work groups and to 
become familiar with the proposed changes to simplify requirements at 
http://www.grants.gov/aboutgrants/streamlining_initiatives.jsp.

B. Grants.gov

    The first segment of the Grants.gov initiative focuses on allowing 
the public to easily FIND competitive funding opportunities and then 
APPLY via Grants.gov. HUD posted all of its funding opportunities on 
http://www.grants.gov/applicants/find_grant_opportunities.jsp in 
FY2004, with the exception of Continuum of Care, and in FY2005 placed 
all applications on http://www.Grants.gov/Apply, with the exception 
Continuum of Care. In addition, Grants.gov is working with the federal 
agencies to begin the process of accepting mandatory and formula grant 
program plans and application submissions online via Grants.gov. 
Applicants for HUD's formula and competitive programs are urged to 
become familiar with the Grants.gov site, registration procedures, and 
electronic submissions so that as the site is expanded, you will be 
registered and familiar with the find-and-apply functionality. The 
Grants.gov Internet address for Finding Grant Opportunities is http://www.grants.gov/applicants/find_grant_opportunities.jsp. The 
Grants.gov Internet address for Applying for Grant Opportunities is 
http://www.grants.gov/applicants/apply_for_grants.jsp.

C. HUD-IRS Memorandum of Agreement

    HUD and the IRS have entered into a memorandum of agreement to 
provide information to HUD grantees serving low-income, disabled, and 
elderly persons, as well as persons with limited English proficiency, 
on the availability

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of low-income housing tax credits, the earned income tax credit, 
individual development accounts, child tax credits, and the IRS 
Voluntary Income Tax Assistance program. HUD is making available on its 
website information on these IRS asset-building resources. HUD 
encourages you to visit the site and disseminate this information to 
low-income residents in your community and other organizations that 
serve low-income residents, so that eligible individuals can take 
advantage of these resources.

D. Paperwork Reduction Act Statement

    The information collection requirements in this notice have been 
approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520). In accordance with the Paperwork Reduction Act, HUD may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid OMB 
control number. Each program NOFA will identify its applicable OMB 
control number.

E. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made for this notice, in accordance with HUD regulations at 24 
CFR part 50 that implement Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of 
No Significant Impact is available for public inspection between 8 a.m. 
and 5 p.m. eastern time, Monday through Friday, except federal 
holidays, in the Office of the General Counsel, Regulations Division, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500.

F. Executive Orders and Congressional Intent

    1. Executive Order 13132, Federalism. Executive Order 13132 
prohibits, to the extent practicable and permitted by law, an agency 
from promulgating policies that have federalism implications and either 
impose substantial direct compliance costs on state and local 
governments and are not required by statute, or preempt state law, 
unless the relevant requirements of Section 6 of the executive order 
are met. This notice does not have federalism implications and does not 
impose substantial direct compliance costs on state and local 
governments or preempt state law within the meaning of the executive 
order.
    2. American-made Products. Sections 708 and 709 of the 
Transportation, Treasury, Housing and Urban Development, the Judiciary, 
and Independent Agencies Appropriations Act, 2006 (Pub. L. 109-115; 
approved Nov. 30, 2005) states that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available should be made in the United States.

G. Public Access, Documentation, and Disclosure

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (HUD Reform Act) (42 U.S.C. 3545) and the 
regulations codified at 24 CFR part 4, subpart A, 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 a notice that also provides 
information on the implementation of Section 102 (57 FR 1942). The 
documentation, public access, and disclosure requirements of Section 
102 apply to assistance awarded under individual NOFAs published as 
part of HUD's SuperNOFA or thereafter, as described below.
    1. Documentation, Public Access, and Disclosure Requirements. HUD 
will ensure that documentation and other information regarding each 
application submitted pursuant to its FY2007 NOFAs, whether published 
in the 2007 SuperNOFA or in NOFAs published thereafter, 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 5-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 (24 CFR part 15).
    2. Form HUD-2880, ``Applicant/Recipient Disclosure/Update Report'' 
(``HUD Applicant Recipient Disclosure Report'' on Grants.gov). HUD will 
also make available to the public for 5 years all applicant disclosure 
reports (form HUD-2880) submitted in connection with an FY2007 NOFA. 
Update reports (also reported on form HUD-2880) will be made available 
along with the applicant disclosure reports, but in no case for a 
period of less than 3 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 (24 
CFR part 5).
    3. Publication of Recipients of HUD Funding. HUD's regulations at 
24 CFR part 4 provide that HUD will publish a notice in the Federal 
Register to notify the public of all funding decisions made by the 
Department to provide:
    a. Assistance subject to Section 102(a) of the HUD Reform Act; and
    b. Assistance provided through grants or cooperative agreements on 
a discretionary (non-formula, non-demand) noncompetitive basis.

H. Section 103 of the HUD Reform Act

    HUD's regulations implementing Section 103 of the HUD Reform Act, 
codified at 24 CFR part 4, subpart B, apply to this funding 
competition. The regulations 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 
prohibited by the regulations 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 should confine their 
inquiries to the subject areas permitted under 24 CFR part 4.
    Applicants or employees who have ethics-related questions should 
contact the HUD Ethics Law Division at (202) 708-3815 (this is not a 
toll-free number). The toll-free TTY number for persons with speech or 
hearing impairments is (800) 877-8339. HUD employees who have specific 
program questions should contact the appropriate field office counsel 
or Headquarters counsel for the program to which the question pertains.

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[FR Doc. 07-131 Filed 1-17-07; 8:45 am]
BILLING CODE 4210-67-P