[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Notices]
[Pages 4996-5007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1793]
[[Page 4995]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Community Planning and
Development
_______________________________________________________________________
Notice of Funding Availability for Fiscal Year 1995 for Innovative
Project Funding Under the Innovative Homeless Initiatives Demonstration
Program; Notice
Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 /
Notices
[[Page 4996]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
[Docket No. N-95-3862; FR-3846-N-01]
Notice of Funding Availability for Fiscal Year 1995 for
Innovative Project Funding Under the Innovative Homeless Initiatives
Demonstration Program
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of funding availability (NOFA).
-----------------------------------------------------------------------
SUMMARY: This Notice announces the availability of $25 million in funds
for applications for Innovative Project Funding under the Innovative
Homeless Initiatives Demonstration Program. These funds will be awarded
competitively for innovative programs designed to provide aggressive
outreach to homeless persons living on the streets or in other places
not designed for, or ordinarily used as, regular sleeping
accommodations for human beings; provide intensive needs assessments;
connect these people with existing community resources when available;
and, if necessary, provide additional housing and services for them.
Each innovative outreach program must fill a gap within the context of
developing a continuum of care system in the jurisdiction designed to
assist homeless persons. This notice of funding availability (NOFA)
contains information concerning program purpose, eligible applicants,
eligible activities, application requirements, and application
processing.
DEADLINE DATE: All applications received at HUD Headquarters, Office of
Community Planning and Development, at the address shown in the
Addresses section of this NOFA by 6 p.m. local time on February 6,
1995, will be considered for funding. HUD will treat as ineligible for
consideration applications that are received after the deadline.
However, any application received at that address within 24 hours after
the deadline will be considered for funding if the applicant can show
there were circumstances beyond its control that delayed delivery of
the application, such as the failure of a delivery service to deliver
the application on or before the specified date. Applications may not
be sent by facsimile (FAX).
The Department has established a short application period for this
NOFA in an effort to make funding quickly available to applicants who
are in need of funding to assist homeless persons, especially during
this time when harsh weather conditions necessitate greater and more
immediate assistance to homeless persons.
ADDRESSES: A completed application must be submitted to the following
address: Processing and Control Unit, Room 7255, Office of Community
Planning and Development, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, Attention: Homeless
Innovative Funding.
One copy of the application must also be sent to the HUD Field
Office serving the area in which the applicant's project is located. A
list of Field Offices appears in Appendix C to this NOFA. The Field
Office copy must be received by the application deadline as well, but a
determination that an application was received on time will be made
solely on receipt of the application at the Office of Community
Planning and Development in Headquarters, Washington, DC.
FOR FURTHER INFORMATION CONTACT: The HUD Field Office for the area in
which the proposed project is located. Telephone numbers are included
in the list of Field Offices set forth in Appendix C to this NOFA.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this NOFA have
been submitted, for expedited processing, to the Office of Management
and Budget (OMB) for review under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501-3520). No person may be subjected to a penalty for
failure to comply with these requirements until they have been approved
and assigned an OMB control number. The OMB control number, when
assigned, will be announced by separate notice in the Federal Register.
Any applicant that completes an application before the OMB control
number is assigned may have to modify that application in accordance
with changes in the application package that are requested by OMB and
agreed to by HUD.
Public reporting burden for the collection of information
requirements contained in this notice is estimated to include the time
for reviewing the instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Information on the estimated public
reporting burden is provided under the preamble heading, Other Matters.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden by January 30, 1995, to the Department of Housing and Urban
Development, Rules Docket Clerk, 451 Seventh Street, SW., Room 10276,
Washington, DC 20410-0500; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for HUD, Washington, DC 20503.
I. Purpose and Substantive Description
(A) Authority
Innovative Project Funding is part of the Innovative Homeless
Initiatives Demonstration Program, which is authorized under section 2
of the HUD Demonstration Act of 1993 (Pub. L. 103-120, approved October
27, 1993).
(B) Purpose
The purpose of this NOFA is to fund innovative programs, within the
context of developing a continuum of care system, designed to provide
aggressive outreach to homeless persons, including persons with severe
mental illness and/or substance abuse problems, who are particularly
affected by adverse weather conditions because they are currently
living on the streets or in other places not designed for, or
ordinarily used as, regular sleeping accommodations for human beings.
The purpose of this NOFA is also to provide these persons with
intensive needs assessments; connect them with existing community
resources when available; and, if necessary, provide additional housing
and services. Therefore, the focus of this competition is aggressive
outreach and assistance to help homeless persons move as quickly as
possible from sidewalks, parks, cars, public transit facilities, and
similar places. Heavy emphasis is placed on coordinating existing
resources through the combined efforts of service and housing providers
in the community. Each innovative program must fill a gap within the
context of developing a continuum of care system in the jurisdiction.
A continuum of care system consists of four basic components:
(1) A system of outreach and assessment for determining the needs
and conditions of an individual or family who is homeless, or whether
assistance is necessary to prevent an individual from becoming
homeless;
(2) Emergency shelters with appropriate supportive services to help
ensure that homeless individuals and families receive adequate
emergency [[Page 4997]] shelter and referral to necessary service
providers or housing finders;
(3) Transitional housing with appropriate supportive services to
help those homeless individuals and families who are not prepared to
make the transition to permanent housing and independent living; and
(4) Permanent housing, or permanent supportive housing, to help
meet the long-term needs of homeless individuals and families.
Grant requests in response to this $25 million NOFA should only be
made for activities involving aggressive outreach and assistance to
homeless persons living on the streets or in other places not designed
for, or ordinarily used as, regular sleeping accommodations for human
beings. These are the homeless persons most affected by adverse weather
conditions. Grant requests to assist homeless families or individuals
in other circumstances should be submitted in response to a separate
$900 million NOFA the Department intends to issue in February.
(C) Funding Availability
This NOFA makes $25 million available for the Innovative Project
Funding. Grant requests may be for up to two years of funding. HUD
reserves the right to fund less than the full amount requested in any
application. Given the program's emphasis on coordination of resources
within communities, it is likely that HUD will fund requests which
reflect greater coordinative efforts of private nonprofit
organizations, governmental agencies, and other organizations who can
help provide resources to meet the needs of this most vulnerable
population of homeless persons in one application.
With this focus on connecting these homeless persons with a system
of community assistance, no renewals of grant awards made under this
NOFA are anticipated. Because there is only $25 million available for
this competition, the Department expects to fund requests ranging from
$100,000 to $1,000,000, and reserves the right to award no more than 20
percent of the funds ($5 million) in any State.
II. Application Process
(A) Applications will be reviewed and selected on the basis of the
following process.
(1) Review. Applications will be reviewed to ensure that they meet
the following:
(a) Applicant eligibility. The applicant must be a jurisdiction
(i.e., State, metropolitan city, urban county, unit of general local
government [including units in rural areas], or Indian tribe), or other
nonprofit organization operating within such jurisdiction.
Projects involving the participation of more than one jurisdiction
or more than one nonprofit organization, or a combination of
jurisdictions or nonprofit organizations are strongly encouraged.
However, of these participating jurisdictions and organizations, only
one entity may be identified as the actual applicant.
The terms ``State'', ``metropolitan city'', ``urban county'',
``unit of general local government'', and ``Indian tribe'' have the
meanings given such terms in section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302).
The term ``nonprofit organization'' means an organization--
(i) No part of the net earnings of which inures to the benefit of
any member, founder, contributor, or individual;
(ii) That, in the case of a private nonprofit organization, has a
voluntary board;
(iii) That has an accounting system, or has designated a fiscal
agent in accordance with requirements established by the Secretary; and
(iv) That practices nondiscrimination in the provision of
assistance.
(b) Eligible population to be served. The population proposed to be
served must be homeless individuals or homeless families living in
places not designed for, or ordinarily used as, regular sleeping
accommodations, such as sidewalks, parks, cars and public
transportation facilities (hereafter referred to as persons living on
the streets).
The term ``homeless family'' means a group of one or more related
individuals who are homeless individuals.
(c) Eligible activities. The activities for which assistance is
requested may include activities needed to operate a program of
aggressive outreach to persons living on streets, intensive needs
assessments, and related activities. Up to 5 percent of the amount of
grant funds requested for these activities may be used for grant
administration expenses, such as the costs of audits and reports.
Applicants may not receive assistance to replace funds provided by
any State or local government to assist homeless persons.
(d) Fair housing and equal opportunity. Organizations that receive
assistance under this NOFA must be in compliance with applicable civil
rights laws and Executive Orders.
(e) Outstanding audit or monitoring findings. No organization that
receives assistance may have serious, unaddressed, outstanding audit or
monitoring findings that directly affect the proposed program.
(2) Selection criteria. Applications will be selected based on the
following criteria:
(a) HUD will award up to 40 points based on the extent to which the
program described in the application will achieve the purpose of this
NOFA, as demonstrated through:
(i) A coordinated plan, developed within the context of a continuum
of care system, for aggressive outreach to homeless persons living on
the streets, intensive needs assessments, and addressing housing and
service needs;
(ii) The marshaling of existing community resources to meet the
housing and service needs of these person; and
(iii) If necessary, the provision of additional housing and
services.
(b) HUD will award up to 30 points based on the extent to which the
applicant demonstrates the capacity to implement a program that
achieves the purpose of this NOFA, including the speed with which the
activities will become operational. The rating under this criterion
will also consider the Department's knowledge of the prior experience
of the applicant (and any organizations that will participate in
carrying out the program) in serving homeless persons and in carrying
out programs similar to those proposed in the application and the prior
performance of the applicant (and any organizations that will
participate in carrying out the program) with any HUD-administered
programs.
(c) HUD will award up to 30 points based on the jurisdiction's need
for homeless assistance, as calculated by HUD from generally available
data, and the extent to which the program described in the application
is innovative and may be replicated or may serve as a model for
implementation in other jurisdictions.
After scores have been assigned, the applications will be placed in
rank order. Whether an application is selected will depend on its
ranking compared to other applications, except that HUD reserves the
right to select lower rated applications if necessary to achieve
diversity by geography and community type.
III. Application Submission Requirements
(A) Instructions for Submitting Required Items
(1) Each submission requirement (listed as exhibits in Section (B)
below) [[Page 4998]] must be clearly identified (including the exhibit
subparts), and the application assembled in the order listed below.
After the entire application is assembled, applicants should:
(a) Mark each exhibit with an appropriately numbered tab; and
(b) Number every page of the application sequentially.
(2) All reviews will be based on the application submission.
(B) Application Submissions
All applications must include the following exhibits:
(1) Exhibit 1 consists of two documents that are printed in this
Federal Register as appendices to this NOFA. The documents may be
removed from the Federal Register or photocopied (do not re-type), and
signed by the official authorized to act on behalf of the applicant.
The two documents are:
(a) SF-424--Application for Federal Assistance (published as
Appendix A to this NOFA); and
(b) Applicant Certifications (published as Appendix B to this
NOFA).
(2) Exhibit 2. Provide on not more than one page the number of
persons in the jurisdiction who are living on the streets. Describe the
methodology used to obtain that number and the date(s) of relevant data
collection.
(3) Exhibit 3. On not more than five pages:
(a) Describe:
(i) A coordinated plan, including a description of each activity
for which funding is being requested, for aggressive outreach to
homeless persons living on the streets, intensive needs assessments,
connection to existing community resources and, if necessary, providing
additional housing and services; and
(ii) How this plan fits within the jurisdiction's current system
for reaching out and accommodating the housing and service needs of
these persons;
(b) In the format shown below, provide a chart with the total grant
amount requested for the activities described above and for grant
administration, with a breakdown of grant amount by activity. (The
request may not exceed two years of Innovative Project funding.) The
amount requested for grant administration may not exceed 5 percent of
the subtotal for all other activities;
------------------------------------------------------------------------
Amount
Activities requested
------------------------------------------------------------------------
1.......................................................... ...........
2.......................................................... ...........
3. etc..................................................... ...........
4. Activity Subtotal....................................... ...........
5. Grant Administration (no more than 5 percent of Activity
Subtotal)................................................. ...........
------------
6. Total Request........................................... ...........
------------------------------------------------------------------------
(c) Provide a time schedule for carrying out the activities, from
beginning to end, noting expected number of days from execution of the
grant agreement for achievement of significant milestones;
(d) Estimate the number of homeless persons to be assisted (with
Innovative Project funding) over the life of the project (i.e., up to
two years); and
(e) List the resources, if any, that will be contributed to the
project from States, local governments, and the private sector
(including nonprofit organizations, foundations, and communities), and
information on the status of any such resources that are essential to
the financial feasibility of the project.
(4) Exhibit 4. Describe on not more than two pages the relevant
past experience (e.g., conducting aggressive outreach) of the
organization(s) that will implement the proposed activities in carrying
out these types of activities.
(5) Exhibit 5. Describe on not more than three pages:
(a) The demonstrated willingness and capacity of the applicant and
other organizations involved in the project to work cooperatively with
all relevant entities to design and implement an innovative program for
helping homeless persons move from the streets; and
(b) The extent to which the existing systems, both public and
private, for homelessness assistance would benefit from additional
resources to implement a coordinated plan for aggressive outreach to
homeless persons living on the streets, and to carry out intensive
needs assessments.
(6) Exhibit 6. If changes in a jurisdiction's policy or procedure
are necessary to provide sufficient flexibility and resources to
implement and sustain the proposed activities, submit a statement of
commitment from the jurisdiction to make such changes.
(7) Exhibit 7. Applicants that are private nonprofit organizations
must submit:
(a) Documentation showing that the applicant is a certified United
Way member agency: or
(b) A copy of the organization's Internal Revenue Service (IRS)
ruling providing tax-exempt status under Section 501(c)(3) of the IRS
Code of 1986, as amended; and a certification on letterhead stationery
from the Executive Director of the organization stating that the
organization has a functioning accounting system that meets the
criteria listed below or that the organization has designated a
qualified entity (include the name and address in the documentation) to
maintain a functioning accounting system that meets the criteria below.
The certification must attest that the organization's accounting system
provides for the following:
(i) Accurate, current and complete disclosure of the financial
results of each federally-sponsored project;
(ii) Records that identify adequately the source and application of
funds for federally-sponsored activities;
(iii) Effective control over and accountability for all funds,
property and other assets;
(iv) Comparison of outlays with budget amounts;
(v) Written procedures to minimize the time elapsing between the
transfer of funds to the recipient from the U.S. Treasury and the use
of the funds for program purposes;
(vi) Written procedures for determining the reasonableness,
allocability and allowability of costs; and
(vii) Accounting records including cost accounting records that are
supported by source documentation.
(C) Clarification of Application Information
In accordance with the provisions of 24 CFR part 4, subpart B, HUD
may contact an applicant to seek clarification of an item in the
applicant's application, or to request additional or missing
information, but the clarification or the request for additional or
missing information shall not relate to items that would improve the
substantive quality of the application pertinent to the funding
decision.
(D) Environmental Review
Selection of an application for funding does not imply HUD approval
of any particular property for use in the project. HUD will complete an
environmental review with respect to particular properties, to the
extent required under 24 CFR part 50, at the time the recipient
proposes particular properties for use under the program. The recipient
may not commit HUD or local funds for acquisition, leasing or physical
development activities under the program until it receives HUD approval
of the property. [[Page 4999]]
IV. Reporting Requirements
Each grantee will be required to submit to HUD a progress report,
in a form prescribed by HUD, within 90 days after the completion of
each operating year or within 90 days after the project is completed if
the total project period is less than twelve months. Each report shall
describe the use of the grant funds and include a description and an
analysis of the project, the innovative approaches taken, and the level
of cooperation among participating parties.
V. Other Matters
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget under the
Paperwork Reduction Act of 1989 (44 U.S.C. 3501-3520). The Department
estimates the information collection burden hours as follows:
------------------------------------------------------------------------
Number of Frequency of Hours per Burden
respondents responses response hours
------------------------------------------------------------------------
Application
preparation...... 250 1 35 8,750
------------------------------------------------------------------------
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was made in accordance with HUD regulations that implement section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332) at the time of development of the NOFA for FY 1994 for Innovative
Project Funding under the Innovative Homeless Initiatives Demonstration
Program. That Finding remains applicable to this FY 1995 NOFA, and is
available for public inspection during business hours in the Office of
the Rules Docket Clerk, Office of General Counsel, Room 10276,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410.
Federalism Executive Order
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this NOFA
will not have substantial, direct effects on States, on their political
subdivisions, or on their relationship with the Federal Government, or
on the distribution of power and responsibilities between them and
other levels of government. Specifically, the purpose of the funding
under this NOFA is to provide grants to jurisdictions, or nonprofit
organizations operating within jurisdictions, for innovative approaches
toward providing a continuum of care system designed to assist homeless
persons and prevent homelessness.
Family Executive Order
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this document may have the
potential for significant beneficial impact on family formation,
maintenance, and general well-being to the extent that the activities
of grantees will provide housing to homeless persons. Since the impact
on the family is considered beneficial, no further review under the
Order is necessary.
Prohibition Against Lobbying Activities: The Byrd Amendment
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment''), and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of Federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative Branches
of the Federal Government in connection with a specific contract,
grant, or loan. The prohibition also covers the awarding of contracts,
grants, cooperative agreements, or loans unless the recipient has made
an acceptable certification regarding lobbying. Under 24 CFR part 87,
applicants, recipients, and subrecipients of assistance exceeding
$100,000, and applicants for Federal commitments exceeding $150,000
must certify that no Federal funds have been or will be spent on
lobbying activities in connection with the assistance.
Indian Housing Authorities (IHAs) established by an Indian tribe as
a result of the exercise of the tribe's sovereign power are excluded
from coverage of the Byrd Amendment, but IHAs established under State
law are not excluded from the statute's coverage.
Prohibition Against Lobbying of HUD Personnel
Section 13 of the Department of Housing and Urban Development Act
(42 U.S.C. 3537b) contains two provisions dealing with efforts to
influence HUD's decisions with respect to financial assistance. The
first imposes disclosure requirements on those who are typically
involved in these efforts--those who pay others to influence the award
of assistance or the taking of a management action by the Department
and those who are paid to provide the influence. The second restricts
the payment of fees to those who are paid to influence the award of HUD
assistance, if the fees are tied to the number of housing units
received or are based on the amount of assistance received, or if they
are contingent upon the receipt of assistance. HUD's regulation
implementing section 13 is codified at 24 CFR part 86. If readers are
involved in any efforts to influence the Department in these ways, they
are urged to read the final rule, particularly the examples contained
in Appendix A of the rule. Appendix A of this rule contains examples of
activities covered by this rule.
Any questions concerning the rule should be directed to the Office
of Ethics, Room 2158, Department of Housing and Urban Development, 451
Seventh Street, SW, Washington DC 20410. Telephone: (202) 708-3815
(voice/TDD). This is not a toll-free number. Forms necessary for
compliance with the rule may be obtained from the local HUD office.
Prohibition Against Advance Disclosure of Funding Decisions
HUD's regulations implementing section 103 of the Department of
Housing and Urban Development Reform Act (HUD Reform Act) are codified
at 24 CFR part 4 and apply to the funding competition announced today.
The requirements of part 4 continue to apply until the announcement of
the selection of successful applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are restrained by part 4 from providing
advance information to any person (other than an authorized employee of
HUD) concerning funding decisions, or from otherwise giving any
applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted by 24 CFR part 4.
Applicants who have questions should contact the HUD Office of
Ethics [[Page 5000]] (202) 708-3815 (voice/TDD). (This is not a toll-
free number.) The Office of Ethics can provide information of a general
nature to HUD employees, as well. However, a HUD employee who has
specific program questions, such as whether particular subject matter
can be discussed with persons outside the Department, should contact
his or her Field Office Counsel, or Headquarters Counsel for the
program to which the question pertains.
Accountability in the Provision of HUD Assistance
HUD's regulation implementing section 102 of the HUD Reform Act is
codified at 24 CFR part 12. Section 102 contains a number of provisions
that are designed to ensure greater accountability and integrity in the
provision of certain types of assistance administered by HUD. On
January 16, 1992 (57 FR 1942), following publication of the final rule,
HUD published additional information that gave the public (including
applicants for, and recipients of, HUD assistance) further information
on the implementation, public access, and disclosure requirements of
section 102. The requirements of section 102 are applicable to
assistance awarded under this NOFA.
a. Document and Public Access Requirements
HUD will ensure documentation and other information regarding each
application submitted pursuant to this NOFA are sufficient to indicate
the basis upon which assistance was provided or denied. This material,
including any letters of support, will be made available for public
inspection for a five-year period beginning not less than 30 days after
the award of the assistance. Material will be made available in
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's
implementing regulations at 24 CFR part 15. In addition, HUD will
include the recipients of assistance pursuant to this NOFA in its
Federal Register notice of all recipients of HUD assistance awarded on
a competitive basis. (See 24 CFR 12.14(a) and 12.6(b), and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942) for
further information on these requirements.
b. Disclosures
HUD will make available to the public for five years all applicant
disclosure reports (HUD Form 2880) submitted in connection with this
NOFA. Update reports (also Form 2880) will be made available along with
the applicant disclosure reports, but in no case for a period less than
three years.
All reports--both applicant disclosures and updates--will be made
available in accordance with the Freedom of Information Act (5 U.S.C.
552) and HUD's implementing regulations at 24 CFR part 15. (See 24 CFR
part 15, subpart C, and the notice published in the Federal Register on
January 16, 1993 (57 FR 1942) for further information on these
disclosure requirements.
Dated: January 18, 1995.
Andrew Cuomo,
Assistant Secretary for Community Planning and Development.
BILLING CODE 4210-29-P
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Appendix B--Applicant Certifications
The Applicant hereby assures and certifies that:
1. It will comply with:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and
regulations pursuant thereto (Title 24 CFR part I), which state that no
person in the United States shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives financial
assistance, and will immediately take any measures necessary to
effectuate this agreement. With reference to the real property and
structure(s) thereon which are provided or improved with the aid of
Federal financial assistance extended to the applicant, this assurance
shall obligate the applicant, or in the case of any transfer, the
transferee, for the period during which the real property and
structure(s) are used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits.
b. The Fair Housing Act (42 U.S.C. 3601-19) and the implementing
regulations at 24 CFR part 100, which prohibit discrimination in
housing on the basis of race, color, religion, sex, handicap, familial
status or national origin, and administer its programs and activities
relating to housing in a manner to affirmatively further fair housing.
For Indian tribes, it will comply with the Indian Civil Rights Act (25
U.S.C. 1301 et seq.), instead of Title VI and the Fair Housing Act and
their implementing regulations.
c. Executive Order 11063 on Equal Opportunity in Housing, as
amended by Executive Order 12892 (59 FR 2939) and the implementing
regulations at 24 CFR part 107 which prohibit discrimination because of
race, color, creed, sex or national origin in housing and related
facilities provided with Federal financial assistance.
d. Executive Order 11246 on Equal Opportunity in Employment (3 CFR
1964-1965, Comp., p. 339) and the implementing regulations at 41 CFR
part 61, which state that no person shall be discriminated against on
the basis of race, color, religion, sex or national origin in all
phases of employment during the performance of Federal contracts and
shall take affirmative action to ensure equal employment opportunity.
The applicant will incorporate, or cause to be incorporated, into any
contract for construction work as defined in Section 130.5 of HUD
regulations the equal opportunity clause required by Section 130.15(b)
of the HUD regulations.
e. Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701(u)), and the implementing regulations at 24 CFR
part 135), which require that to the greatest extent feasible,
employment, training and contract opportunities arising in connection
with the expenditure of HUD assistance covered by section 3 be given to
low-income and very low-income persons and the business concerns
identified in the part 135 regulations.
f. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
as amended, and the implementing regulations at 24 CFR part 8, which
prohibit discrimination based on handicap in Federally-assisted and
conducted programs and activities.
g. The Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as
amended, and the implementing regulations at 24 CFR part 146, which
prohibit discrimination because of age in projects and activities
receiving Federal financial assistance.
h. Executive Orders 11625, 12432, and 12138, which state that
program participants shall take affirmative action to encourage
participation by businesses owned and operated by members of minority
groups and women.
If persons of any particular race, color, religion, sex, age,
national origin, familial status, or handicap who may qualify for
assistance are unlikely to be reached, it will establish additional
procedures to ensure that interested persons can obtain information
concerning the assistance.
i. The reasonable modification and accommodation requirements of
the Fair Housing Act and, as appropriate, the accessibility
requirements of the Fair Housing Act and section 504 of the
Rehabilitation Act of 1973, as amended.
2. It will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988 (41 U.S.C. 701) by:
a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
b. Establishing an ongoing drug-free awareness program to inform
employees about--
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph a;
d. Notifying the employee in the statement required by paragraph a
that, as a condition of employment under the grant, the employee will--
(1) abide by the terms of the statement; and
(2) notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
e. Notifying the agency in writing, within ten calendar days after
receiving notice under subparagraph d(2) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph d(2), with respect to any employee
who is so convicted--
(1) taking appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements of
the Rehabilitation Act of 1973, as amended; or
(2) requiring such employee to 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;
g. Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs a, b, c, d, e and f;
h. Providing the street address, city, county, state, and zip code
for the site or sites where the performance of work in connection with
the grant will take place. For some applicants who have functions
carried out by employees in several departments or offices, more than
one location may need to be specified. It is further recognized that
States and other applicants who become grantees may add or change sites
as a [[Page 5005]] result of changes to program activities during the
course of grant-funded activities. Grantees, in such cases, are
required to advise the HUD Field Office by submitting a revised ``Place
of Performance'' form. The period covered by the certification extends
until all funds under the specific grant have been expended.
3. It will comply with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, and the
implementing regulations at 49 CFR part 24.
4. It will comply with the requirements of the Lead-Based Paint
Poisoning Prevention Act, 42 U.S.C. 4821-4846, and implementing
regulations at 24 CFR part 35.
5. It will (i) not enter into a contract for, or otherwise commit
HUD or local funds for, acquisition, rehabilitation, conversion, lease,
repair, or construction of property to provide housing under the
program, prior to HUD's completion of an environmental review in
accordance with 24 CFR part 50 and HUD's approval of the application;
(ii) supply HUD with information necessary for HUD to perform any
applicable environmental review when requested; and (iii) carry out
mitigating measures required by HUD or ensure that alternate sites are
utilized.
6. The applicant certifies that:
a. No Federally appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
c. The language of this certification shall be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and of more than
$100,000 for each such failure.
7. For private nonprofit applicants, the applicant certifies that
members of its Board of Directors serve in a voluntary capacity and
receive no compensation, other than reimbursement for expenses, for
their services.
8. The applicant certifies that it and its principals (see 24 CFR
24.105(p)):
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
(see 24 CFR 24.110) by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in (b) of this
certification; and
d. Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local)
terminated for cause or default.
Where the applicant is unable to certify to any of the statements
in this certification, the applicant shall attach an explanation behind
this page.
Signature of Authorized Certifying Official:
----------------------------------------------------------------------
Title:
----------------------------------------------------------------------
Applicant: Date:
Appendix C--HUD Field Offices
Telephone numbers for Telecommunications Devices for the Deaf (TDD
machines) are listed for field offices; all HUD numbers, including
those noted *, may be reached via TDD by dialing the Federal
Information Relay Service on 1-800-877-TDDY or (1-800-877-8339) or
(202) 708-9300.
Alabama
John D. Harmon, Beacon Ridge Tower, 600 Beacon Pkwy. West, Suite 300,
Birmingham, AL 35209-3144; (205) 290-7645; TDD (205) 290-7624.
Alaska
Dean Zinck, 949 E. 36th Avenue, Suite 401, Anchorage, AK 99508-4399;
(907) 271-3669; TDD (907) 271-4328.
Arizona
Lou Kislin, 400 N. 5th St., Suite 1600, Arizona Center, Phoenix AZ
85004; (602) 379-4754; TDD (602) 379-4461.
Arkansas
Billy M. Parsley, TCBY Tower, 425 West Capitol Ave., Suite 900, Little
Rock, AR 72201-3488; (501) 324-6375; TDD (501) 324-5931.
California
(Southern) Herbert L. Roberts, 1615 W. Olympic Blvd., Los Angeles, CA
90015-3801; (213) 251-7235; TDD (213) 251-7038.
(Northern) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003, San
Francisco, CA 94102-3448; (415) 556-5576; TDD (415) 556-8357.
Colorado
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
Connecticut
Daniel Kolesar, 330 Main St., Hartford, CT 06106-1860; (203) 240-4508;
TDD (203) 240-4522.
Delaware
John Kane, Liberty Sq. Bldg., 105 S. 7th St., Philadelphia, PA 19106-
3392; (215) 597-2665; TDD (215) 597-5564.
District of Columbia
James H. McDaniel, 820 First St., NE, Washington, DC (and MD and VA
suburbs) 20002; (202) 275-0994; TDD (202) 275-0772.
Florida
James N. Nichol, 301 West Bay St., Suite 2200, Jacksonville, FL 32202-
5121; (904) 232-3587; TDD (904) 791-1241.
Miami-So. Dade
Richard P. Garrabrant, South Dade County Government Annex, Room 1400,
10710 SW 211 Street, Miami, FL 33189; (303) 238-2851. [[Page 5006]]
Georgia
John Perry, Russell Fed. Bldg., Room 688, 75 Spring St., SW, Atlanta,
GA 30303-3388; (404) 331-5139; TDD (404) 730-2654.
Hawaii (and Pacific)
Patti A. Nicholas, 7 Waterfront Plaza, Suite 500, 500 Ala Moana Blvd.,
Honolulu, HI 96813-4918; (808) 522-8180; TDD (808) 541-1356.
Idaho
John G. Bonham, 520 SW 6th Ave., Portland, OR 97204-1596 (503) 326-
7018; TDD * via 1-800-877-8339.
Illinois
Jim Barnes, 77 W. Jackson Blvd., Chicago, IL 60604-3507; (312) 353-
1696; TDD (312) 353-7143.
Indiana
Robert F. Poffenberger, 151 N. Delaware St., Indianapolis, IN 46204-
2526; (317) 226-5169; TDD * via 1-800-877-8339.
Iowa
Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road,
Omaha, NE 68154-3955; (402) 492-3144; TDD (402) 492-3183.
Kansas
William Rotert, Gateway Towers 2, 400 State Ave., Kansas City, KS
66101-2406; (913) 551-5484; TDD (913) 551-6972.
Kentucky
Ben Cook, P.O. Box 1044, 601 W. Broadway, Louisville, KY 40201-1044;
(502) 582-5394; TDD (502) 582-5139.
Louisiana
Greg Hamilton, P.O. Box 70288, 1661 Canal St., New Orleans, LA 70112-
2887; (504) 589-7212; TDD (504) 589-7237.
Maine
David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,
NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.
Maryland
Harold Young, 10 South Howard Street, 5th Floor, Baltimore, MD 21202-
0000; (410) 962-2520 x3116; TDD (410) 962-0106.
Massachusetts
Frank Del Vecchio, Thomas P. O'Neill, Jr., Fed. Bldg., 10 Causeway St.,
Boston, MA 02222-1092; (617) 565-5342; TDD (617) 565-5453.
Michigan
Richard Paul, Patrick McNamara Bldg., 477 Michigan Ave., Detroit, MI
48226-2592; (313) 226-4343; TDD * via 1-800-877-8339.
Minnesota
Shawn Huckleby, 220 2nd St. South, Minneapolis, MN 55401-2195; (612)
370-3019; TDD (612) 370-3186.
Mississippi
Jeanie E. Smith, Dr. A. H. McCoy Fed. Bldg., 100 W. Capitol St., Room
910, Jackson, MS 39269-1096; (601) 965-4765; TDD (601) 965-4171.
Missouri
(Eastern) David H. Long, 1222 Spruce St., St. Louis, MO 63103-2836;
(314) 539-6524; TDD (314) 539-6331.
(Western) William Rotert, Gateway Towers 2, 400 State Ave., Kansas
City, KS 66101-2406; (913) 551-5484; TDD (913) 551-6972.
Montana
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
Nebraska
Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road,
Omaha, NE 68154-3955; (402) 492-3144; TDD (402) 492-3183.
Nevada
(Las Vegas, Clark Cnty) Lou Kislin, 400 N. 5th St., Suite 1600, 2
Arizona Center, Phoenix, AZ 85004; (602) 379-4754; TDD (602) 379-4461.
(Remainder of State) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003,
San Francisco, CA 94102-3448; (415) 556-5576; TDD (415) 556-8357.
New Hampshire
David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,
NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.
New Jersey
Frank Sagarese, 1 Newark Center, Newark, NJ 07102; (201) 622-7900; TDD
(201) 645-3298.
New Mexico
Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth, TX 76113-
2905; (817) 885-5483; TDD (817) 885-5447.
New York
(Upstate) Michael F. Merrill, Lafayette Ct., 465 Main St., Buffalo, NY
14203-1780; (716) 846-5768; TDD * via 1-800-877-8339.
(Downstate) Jack Johnson, 26 Federal Plaza, New York, NY 10278-0068;
(212) 264-2885; TDD (212) 264-0927.
North Carolina
Charles T. Ferebee, Koger Building, 2306 West Meadowview Road,
Greensboro, NC 27407; (910) 547-4005; TDD (910) 547-4055.
North Dakota
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
Ohio
Jack E. Riordan, 200 North High St., Columbus, OH 43215-2499; (614)
469-6743; TDD (614) 469-6694.
Oklahoma
Ted Allen, Murrah Fed. Bldg., 200 NW 5th St., Oklahoma City, OK 73102-
3202; (405) 231-4973; TDD (405) 231-4181.
Oregon
John G. Bonham, 520 SW 6th Ave., Portland, OR 97204-1596 (503) 326-
7018; TDD * via 1-800-877-8339.
Pennsylvania
(Western) Bruce Crawford, Old Post Office and Courthouse Bldg., 700
Grant St., Pittsburgh, PA 15219-1906; (412) 644-5493; TDD (412) 644-
5747.
(Eastern) Joyce Gaskins, Liberty Sq. Bldg., 105 S. 7th St.,
Philadelphia, PA 19106-3392; (215) 597-2665; TDD (215) 597-5564.
Puerto Rico (and Caribbean)
Carmen R. Cabrera, 159 Carlos Chardon Ave., San Juan, PR 00918-1804;
(809) 766-5576; TDD (809) 766-5909.
Rhode Island
Frank Del Vecchio, Thomas P. O'Neill, Jr., Fed. Bldg., 10 Causeway St.,
Boston, MA 02222-1092; (617) 565-5342; TDD (617) 565-5453.
South Carolina
Louis E. Bradley, Fed. Bldg., 1835-45 Assembly St., Columbia, SC 29201-
2480; (803) 765-5564; TDD * via 1-800-877-8339.
South Dakota
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
Tennessee
Virginia Peck, 710 Locust St., Knoxville, TN 37902-2526; (615) 545-
4396; TDD (615) 545-4559. [[Page 5007]]
Texas
(Northern) Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth,
TX 76113-2905; (817) 885-5483; TDD (817) 885-5447.
(Southern) John T. Maldonado, Washington Sq., 800 Dolorosa, San
Antonio, TX 78207-4563; (210) 229-6820; TDD (210) 229-6885.
Utah
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
Vermont
David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester,
NH 03101-2487; (603) 666-7640; TDD (603) 666-7518.
Virginia
Joseph Aversano, 3600 W. Broad St., P.O. Box 90331, Richmond, VA 23230-
0331; (804) 278-4503; TDD (804) 278-4501.
Washington
John Peters, Federal Office Bldg., 909 First Ave., Suite 200, Seattle,
WA 98104-1000; (206) 220-5150; TDD (206) 220-5185.
West Virginia
Bruce Crawford, Old Post Office & Courthouse Bldg., 700 Grant St.,
Pittsburgh, PA 15219-1906; (412) 644-5493; TDD (412) 644-5747.
Wisconsin
Lana J. Vacha, Henry Reuss Fed. Plaza, 310 W. Wisconsin Ave., Ste.
1380, Milwaukee, WI 53203-2289; (414) 297-3113; TDD * via 1-800-877-
8339.
Wyoming
Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO
80202-3607; (303) 672-5414; TDD (303) 672-5248.
[FR Doc. 95-1793 Filed 1-24-95; 8:45 am]
BILLING CODE 4210-29-P
