[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5536]
[[Page Unknown]]
[Federal Register: March 10, 1994]
_______________________________________________________________________
Part VI
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing
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Public Housing Drug Elimination; Technical Assistance Program; Notice
of Funding Availability for Fiscal Year 1994
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3710; FR-3636-N-01]
Public Housing Drug Elimination; Technical Assistance Program;
Notice of Funding Availability for FY 1994
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Public Housing Drug Elimination Technical Assistance Program
Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1994.
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SUMMARY: This NOFA announces the FY 1994 availability of $1,255,175 to
fund qualified applicants selected under the FY 1993 NOFA and to invite
additional applicants. The purpose of this program is to provide short-
term technical assistance to public housing agencies (PHAs), Indian
housing authorities (IHAs), resident management corporations (RMCs),
and incorporated resident councils (RCs) that are combating abuse of
controlled substances in public and Indian housing communities. These
funds reimburse consultants who provide expert advice and work with
housing authorities or resident councils to assist them in gaining
skills and training to eliminate drug abuse and related problems from
public housing communities. In the body of this document is information
concerning the purpose of the NOFA, applicant eligibility, selection
criteria, eligible and ineligible activities, application processing,
consultant eligibility, and consultant application processing.
DATES: This NOFA is effective upon publication. Technical assistance
applications and consultant application kits may be immediately
submitted to the address specified in the Application Kit. There is no
application submission deadline for short-term technical assistance
funds available under this NOFA. Technical assistance applications will
be reviewed on a continuing basis, until funds available under this
NOFA are expended.
ADDRESSES: (a) An application kit may be obtained from the local HUD
Field Office with jurisdiction or by calling HUD's Drug Information and
Strategy Clearinghouse on 1-800-578-3472. The application kit contains
information on all exhibits and requirements of this NOFA.
(b) An applicant must submit the application to the address
specified in the application kit.
(c) In addition, applicants must simultaneously forward a copy of
these documents to the HUD Field Office or Office of Native American
Programs (ONAP) with jurisdiction over the relevant housing authority.
The HUD Field Office copy must be addressed to Director, Public Housing
Division, or Administrator, Office of Native American Programs.
FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Drug Free
Neighborhoods Division (DFND), Department of Housing and Urban
Development, 451 Seventh Street, SW., room 4116, Washington, DC 20410,
telephone (202) 708-1197. A telecommunications device for hearing or
speech impaired persons (TDD) is available at (202) 708-0850. (These
are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget for review
under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0133.
I. Purpose and Substantive Description
(a) Authority
Funds for both training and this technical assistance (TA) program
have been appropriated by the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1994, (approved October 28, 1993, Pub. L. 103-124), (94 App. Act).
The TA program is intended to provide immediate, short-term (90
days for completion) training, recommendations and assistance to assess
needs, train staff and residents, identify and design appropriate anti-
drug strategies, and generally prepare and educate public housing and
resident organization staff and residents to address problems related
to the abuse of controlled substances in public housing communities.
Housing authorities and eligible resident organizations with or without
a drug elimination grant in their communities are encouraged to use
this resource. Technical assistance is not intended for program
implementation or the financial support of existing programs.
(b) Allocation Amounts
A total of $1,000,000 in FY 1994 funds is being made available
under this NOFA. In addition, $255,175 in FY 1993 recoveries is
available under this NOFA, for a combined total of $1,255,175. Of this
amount, approximately $340,000 will be use for applicants who received
sufficient points for funding under the FY 1993 NOFA after FY 1993
funds were exhausted. The remaining amount, approximately $660,000, is
available for new applications for short-term technical assistance of
up to $10,000 per request.
(c) Eligibility
The following is a listing of eligible applicants, eligible
consultants, eligible activities, ineligible activities, and general
program requirements under this NOFA.
(1) Eligible Applicants
(i) Public housing agencies (PHAs), Indian housing authorities
(IHAs), incorporated resident councils (RCs), resident organizations
(ROs) in the case of IHAs, and resident management corporations (RMCs)
are eligible to receive short-term technical assistance services under
this NOFA.
(ii) An eligible RC or RO must be an incorporated nonprofit
organization or association that meets each of the following
requirements:
(A) It must be representative of the residents it purports to
represent.
(B) It may represent residents in more than one development or in
all of the developments of a PHA or IHA, but it must fairly represent
residents from each development that it represents.
(C) It must adopt written procedures providing for the election of
specific officers on a regular basis (but at least once every three
years).
(D) It must have a democratically elected governing board. The
voting membership of the board must consist of residents of the
development or developments that the resident organization or resident
council represent.
(iii) An eligible RMC must be an entity that proposes to enter
into, or that enters into, a management contract with a PHA under 24
CFR part 964, or a management contract with an IHA. An RMC must have
each of the following characteristics:
(A) It must be a nonprofit organization that is incorporated under
the laws of the State or Indian tribe in which it is located.
(B) It may be established by more than one resident organization or
resident council, so long as each such organization or council:
(1) Approves the establishment of the corporation; and
(2) Has representation on the Board of Directors of the
corporation.
(C) It must have an elected Board of Directors.
(D) Its by-laws must require the Board of Directors to include
representatives of each resident organization or resident council
involved in establishing the corporation.
(E) Its voting members must be residents of the development or
developments it manages.
(F) It must be approved by the resident council. If there is no
council, a majority of the households of the development must approve
the establishment of such an organization to determine the feasibility
of establishing a corporation to manage the development.
(G) It may serve as both the resident management corporation and
the resident council, so long as the corporation meets the requirements
of 24 CFR part 964 for a resident council. (In the case of a resident
management corporation for an Indian Housing Authority, it may serve as
both the RMC and the RO, so long as the corporation meets the
requirements of this NOFA for a resident organization.)
(iv) Applicants are eligible to apply to receive technical
assistance if they are already receiving technical assistance under
this program, as long as the request creates no scheduling conflict
with other TA requests from the same applicant.
(v) Applicants are eligible to apply to receive technical
assistance whether or not they are already receiving drug elimination
funds under the Public Housing Drug Elimination Program.
(vi) In circumstances determined by HUD to be drug-related and to
require immediate attention, eligible parties may receive technical
assistance initiated and approved by HUD. These circumstances may
include, for example, pervasive violence, disputes among tenants, and
disputes between tenants and management. HUD will use the procedures of
this NOFA to select a consultant in these cases.
(2) Eligible Consultants
Consultants who want to provide short-term technical assistance
services under this NOFA must be listed in the Consultant Database
approved by HUD's Drug Free Neighborhoods Division (DFND). To be
included in that database, consultants must complete, in accordance
with the requirements of section I.(c)(2)(ii), below, of this NOFA, a
consultant application packet available from the Drug Information and
Strategy Clearinghouse at 1-800-578-3472 and submit the packet to the
address specified in the application kit. (This is a toll-free number.)
(i) Consultant eligibility. HUD is seeking individuals or entities
who have experience working with public or Indian housing, or other
low-income populations to provide short-term technical assistance under
this NOFA. Consultants who have previously been deemed eligible and are
part of the TA Consultant Database need not reapply. To qualify as
eligible consultants, individuals or entities should have experience in
one or more of the following general areas:
(A) PHA/IHA-related experience: Agency organization and management;
facility operations; program development; experience working with
residents and community organizations.
(B) Drug-related experience: Prevention/intervention programs;
enforcement strategies; alternative programs.
(C) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs,
incorporated resident councils and resident organizations, and public
and Indian housing residents, with experience in the above areas, to
submit a consultant application for eligibility under this NOFA.
Eligible consultants will be entered into the Consultant Database for
possible recommendation to Technical Assistance applicants.
(ii) Applying to be a consultant. Individuals or entities
interested in being listed in the TA Consultant Database should prepare
their applications and send them to the address specified in the
application kit. Before they can be entered into the Consultant
Database, consultants must submit an application that includes the
following information:
(A) The Consultant Resource Inventory Questionnaire, including
three references;
(B) A resume;
(C) A narrative statement regarding the consultant's experience in
the specific skills identified on the Resource Inventory Questionnaire,
and outlining the consultant's overall approach;
(D) Evidence submitted by the consultant to HUD that documents the
standard daily fee previously paid to the consultant for technical
assistance services similar to those requested under this NOFA. This
evidence can include an accountant's statement, W-2 Wage Statements, or
invoices, and should be supplemented with a statement or other evidence
of days worked in the course of the particular project (for an invoice)
or for a tax year in the case of a W-2 Statement.
(iii) Consultant payment. HUD will determine a specific fee to pay
a consultant under this NOFA, subject to a maximum cap of the daily
equivalent of the maximum rate paid for ES-IV of the Executive Schedule
for Federal White-Collar Workers, based upon the evidence submitted in
section I.(c)(2)(D), above, of this NOFA.
(iv) Conflicts of interest. In addition to the conflict of interest
requirements in 24 CFR part 85:
(A) No person who is an employee, agent, officer, or appointed
official of the applicant may be funded as a consultant to the
applicant by this Drug Elimination Technical Assistance program.
(B) Consultants who wish to provide Drug Elimination Technical
Assistance services through this program may not have any involvement
in the preparation or submission of the TA proposal which requests
their services. Any involvement of the consultant will be considered a
conflict of interest, which makes the consultant ineligible for
providing consulting services to the applicant, and could disqualify
the consultant from future consideration.
(3) Eligible Activities
To assist the eligible applicants identified in section I.(c)(1),
above, of this NOFA, in responding immediately to drug-related problems
in public and Indian housing developments, the U.S. Department of
Housing and Urban Development (HUD) has supplemented the Public Housing
Drug Elimination Program (PHDEP) and Youth Sports Program (YSP) with
funds for short-term technical assistance (TA). Short-term technical
assistance means that consultants shall only be reimbursed for a
maximum of 30 days of work, which must be completed in less than 90
days from the date of the approved statement of work. The TA program is
intended to provide short-term, immediate assistance to PHAs, IHAs,
RMCs, RCs and ROs developing and/or implementing their drug elimination
strategies. The program will fund the use of consultants who can
provide the necessary consultation and/or training for the types of
activities outlined below, or to fund the use of consultants who will
assist the applicant in undertaking a task such as program planning and
development for future drug elimination strategies, or conducting a
needs assessment or survey. To assist housing authorities and resident
councils, the TA program funds efforts in:
(i) Assessing drug problems in public or Indian housing
development(s) and surrounding community(ies);
(ii) Designing and identifying appropriate anti-drug-related
practices and programs in the following areas:
(A) Law enforcement strategies, including resident security
patrols;
(B) Management techniques;
(C) Youth initiatives;
(D) Family management/parenting;
(E) Resident intervention and assistance programs;
(F) Community organization and leadership development; and
(G) Other areas that meet the drug elimination purposes of this
NOFA, as determined by HUD.
(iii) Training for housing authority staff and residents in anti-
drug practices, programs and management;
(iv) Improving overall agency management, operations and
programming so that the applicant can more effectively respond to drug
problems in the targeted public housing development(s).
(4) Ineligible Activities
(i) Funding is not permitted for any type of monetary compensation
for residents unless they are listed in the TA Consultant Database and
are working as consultants.
(ii) Funding is not permitted for any activity that is funded under
any other HUD program.
(iii) Funding is not permitted for salary or fees to staff of the
applicant, or former staff of the applicant within a year of his or her
leaving the housing authority or resident organization.
(iv) Funding is not permitted for underwriting conferences.
(v) Funding is not permitted for conference speakers unless the
speaker will also be providing additional TA as outlined in the
eligible activities in sections (c)(3)(i-ii) of this NOFA.
(vi) Funding is not permitted for program implementation, proposal
writing, the purchase of hardware or equipment, or any activities
deemed ineligible in the Drug Elimination Program, excluding
consultant's fees.
(5) General Program Requirements
(i) Applications for short-term technical assistance may be funded
up to $10,000 per request, with HUD providing payment directly to the
authorized consultant for the consultant's fee, travel, room and board,
and other approved costs.
(ii) Applicants that have not previously received technical
assistance under this program may submit only one application
initially. After the applicant's initial technical assistance report
has been received and reviewed by HUD or the contractor administering
the program, as appropriate, the applicant may submit multiple
applications.
(d) Selection Criteria/Ranking Factors
An application must include the minimum required elements listed at
section III.(a) of this NOFA, and cannot request assistance for
ineligible activities as listed in I.(c)(4)(iv), and will be scored
according to the criteria outlined below:
(1) The extent to which the applicant needs short-term technical
assistance. This will be measured by the applicant's discussion of the
problems that triggered the request for assistance under this NOFA.
(Maximum points: 10)
(2) The extent to which the applicant clearly describes the kind of
technical assistance and skills needed to address the problems, and how
well the technical assistance requested will address the problems.
(Maximum points: 10)
(3) The likelihood that the requested technical assistance will
assist the applicant's current drug elimination strategy, as described
in the application; or, if the applicant does not currently have a
strategy, the extent to which the technical assistance will help them
develop a drug elimination strategy. (Maximum points: 10)
(e) Application Review, Awards, and Payment
(1) Application Review
Applications will be reviewed as they are received, and will be
time- and date-stamped to determine their order of receipt. An
application must include both the descriptive letter (or form provided
in the application kit) and certification statement (or form provided
in the application kit) to be eligible for funding. All applications
that qualify on the basis of the minimum required elements will be
scored on the basis of the selection criteria in section I.(d) of this
NOFA. Applications that receive a total of 15 or more points, with no
less than 3 points in any of the three selection criteria in section
I.(d) of this NOFA will be eligible for funding. Eligible applications
will be funded in the order in which negotiations for a statement of
work are completed between the consultant and the program administrator
until all funds are expended. The basis for each funding decision under
this section will be documented.
(2) Application Awards
(i) If the application includes the descriptive letter (or forms)
requesting eligible activities, the certification statement (or form),
and at least 15 points as described in section I.(e)(1) of this NOFA,
it is eligible for funding. If sufficient funds are available to fund
the technical assistance request, staff will confer with the applicant
to confirm the work requirements. The TA Consultant Database will be
searched to choose at least three consultants who (1) have a principal
place of business or residence located within a reasonable distance
from the applicant, as determined by HUD or its agent, or (2) appear to
have the requisite knowledge and skills to assist the applicant in
addressing its needs. The applicant's preference for a consultant will
be taken into account. An HA employee may not serve as a consultant to
his or her employer. An HA employee who serves as a consultant must be
on annual leave to receive the consultant fee. A list of the suggested
consultants will be forwarded to the applicant. From this list, the
applicant will recommend the consultant to provide the requested TA.
Instructions for consultants to be included in the TA Consultant
Database are outlined above in section I.(b)(2) of this NOFA.
(ii) The applicant must contact each TA consultant from the list
provided. After making contact with each consultant, the applicant must
send a written justification to HUD with a list of the consultants in
order of preference, indicating any that are unacceptable, and state
the reasons for its preference. There is no guarantee that the
applicant's first preference will be approved. Consultants will only be
approved for the TA if the request is not in conflict with other
requests for the consultant's services.
(iii) Staff designated by HUD will work with the consultant and
applicant to develop a statement of work that includes a timeline and
estimated budget. The statement of work should also include a
discussion of the kind of technical assistance and skills needed to
address the problem, and how the technical assistance requested will
address these needs; a description of the current drug elimination
strategy, and a discussion of how the requested technical assistance
will assist that strategy. If the applicant does not currently have a
strategy, there should be a statement of how the technical assistance
will help them develop a drug elimination strategy. When the statement
of work is approved, the consultant will be authorized to start work.
The consultant must receive written authorization from HUD or its
authorized agent before he or she can begin to provide technical
assistance under this NOFA. The applicant and the relevant Field Office
or Office of Native American Programs will also be notified. Because
this program is for short-term technical assistance, consultants shall
only be reimbursed for a maximum of 30 days of work, which must be
completed in fewer than 90 days from the date of the approved statement
of work.
(3) Payment for TA Consultants
The consultant must submit a report of its activities, findings and
recommendations, a fee invoice, and its expenses and receipts to the
address specified in the application kit. A copy of the report must
also be submitted to the applicant. Required elements of these reports
are outlined in the Guidelines for Consultants book, available from the
Clearinghouse. After the report and expenses have been approved, and a
verbal or written evaluation is received from the applicant, payment
will be issued to the consultant. Evaluation forms are then sent to the
applicant, to be completed and returned.
II. Application Process
(a) Application Kit. An application kit may be obtained from the
local HUD FO or ONAP, or by calling HUD's Drug Information and Strategy
Clearinghouse on 1-800-578-3472. The application kit contains
information on all exhibits and requirements of this NOFA.
(b) Application Submission. This NOFA is effective upon
publication. Short-term (90 days for completion) technical assistance
applications and consultant application kits may be immediately
submitted to the address specified in the application kit. There is no
application submission deadline for the short-term technical assistance
grants available under this NOFA. Technical assistance applications
will be reviewed on a continuing first-come, first-serve basis, until
funds under this NOFA are no longer available.
(1) An applicant must submit the application and the necessary
assurances to the address specified in the Application Kit.
(2) In addition, applicants must simultaneously forward a copy of
these documents to the HUD Field Office or Office of Native American
Programs with jurisdiction over the relevant housing authority. The HUD
Field Office copy must be addressed to Director, Division of Public
Housing, or Administrator, Office of Native American Programs, as
appropriate.
III. Checklist of Application Submission Requirements
Each application for a grant under this program must include the
following:
(a) An application will not be considered for funding unless it
includes, at a minimum, the following elements:
(1) An application letter, of no more than two pages, which
responds to each of the selection criteria in section I.(d) of this
NOFA, or the completed application forms available in the application
kit, signed by the executive director of the housing authority or the
authorized representative of the RMC or incorporated RC or RO, and;
(2) A certification statement, or the form provided in the
application kit, signed by the executive director of the housing
authority and the authorized representative of the RMC or incorporated
RC or RO, certifying that any technical assistance received will be
used in compliance with all requirements in the NOFA.
(b) HUD Form 2880
(c) If the applicant has a particular consultant to recommend to
provide the technical assistance, the response should identify the
consultant and the basis for the recommendation. A consultant
recommended by an applicant is not guaranteed to be approved to provide
the requested technical assistance. If the consultant recommended by an
applicant is not listed in the Consultant Database approved by HUD's
Drug Free Neighborhoods Division (DFND), the consultant must apply as
outlined in section I.(c)(2), above, of this NOFA. These consultant
applications to be included in the TA Consultant Database will be given
expedited review by the Department. However, a consultant must be
listed to be eligible for funding under this NOFA.
IV. Corrections to Deficient Applications
(a) HUD will notify an applicant, in writing, or by telephone, of
any curable technical deficiencies, such as a missing signature in the
application. A log of telephone notifications will be maintained. The
applicant must correct the deficiency in accordance with the
information specified in HUD's notification. The application will not
be given further consideration until the deficiency is corrected.
(b) Curable technical deficiencies relate to items that are not
necessary to make a determination of an applicant's eligibility. The
items necessary for this determination are listed at section III.(a) of
this NOFA, although missing signatures on the application letter,
certification or forms are curable.
V. Other Matters
(a) Nondiscrimination and Equal Opportunity
The following nondiscrimination and equal opportunity requirements
apply:
(1) The requirements of Title VIII of the Civil Rights Act of 1968,
42 U.S.C. 3600-20 (Fair Housing Act) and implementing regulations
issued at subchapter A of title 24 of the Code of Federal Regulations,
as amended by 54 FR 3232 (published January 23, 1989); Executive Order
11063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at 24 CFR part 1;
(2) The Indian Civil Rights Act (ICRA) (Title II of the Civil
Rights Act of 1968, 25 U.S.C. 1301-1303) provides, among other things,
that ``no Indian tribe in exercising powers of self-government shall *
* * deny to any person within its jurisdiction the equal protection of
its laws or deprive any person of liberty or property without due
process of law.'' The Indian Civil Rights Act applies to any tribe,
band, or other group of Indians subject to the jurisdiction of the
United States in the exercise of recognized powers of self-government.
The ICRA is applicable in all cases where an IHA has been established
by exercise of tribal powers of self-government.
(3) The prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR part 146, and the prohibitions
against discrimination against handicapped individuals under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR part 8;
(4) The requirements of Executive Order 11246 (Equal Employment
Opportunity) and the regulations issued under the Order at 41 CFR
chapter 60;
(5) The requirements of section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u (Employment Opportunities for
Lower Income Persons in Connection with Assisted Projects); and
(6) The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with HUD's responsibilities under these Orders, recipients
must make efforts to encourage the use of minority and women's business
enterprises in connection with funded activities.
(b) Use of Debarred, Suspended or Ineligible Contractors
Applicants for short-term technical assistance under this NOFA are
subject to the provisions of 24 CFR part 24 relating to the employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment,
suspension, or placement in ineligibility status.
(c) Drug-Free Workplace Act of 1988
The requirements of the Drug-Free Workplace Act of 1988 at 24 CFR
Part 24, subpart F.
(d) Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(b) of the HUD regulations,
the policies and procedures proposed in this document are determined
not to have the potential of having a significant impact on the quality
of the human environment, and, therefore, are categorically excluded
from the requirements of the National Environmental Policy Act of 1969.
Accordingly, a Finding of No Significant Impact is not required.
(e) Family Impact
The General Counsel, as the Designated Official for Executive Order
12606, the Family, has determined that the provisions of this NOFA have
the potential for a positive, although indirect, impact on family
formation, maintenance and general well-being within the meaning of the
Order. The NOFA is designed to assist housing authorities and resident
organizations in their public housing anti-drug-related efforts by
providing short-term technical assistance. HUD expects that the
provision of such assistance will better prepare and educate housing
authority and resident organization officials to confront the
widespread abuse of controlled substances in public housing
communities. This, in turn, would, indirectly affect the quality of
life for public housing residents.
(f) Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the
provisions of this NOFA do not have ``federalism implications'' within
the meaning of the Order. The NOFA provides short-term technical
assistance to housing authorities and resident organizations to assist
them in their anti-drug efforts in public housing communities. The
involvement of resident organizations should greatly increase the
success of the anti-drug efforts under this technical assistance
program and, therefore, should have positive effects on the target
population. As such, the program helps housing authorities to combat
serious drug problems in their communities.
(g) Documentation and Public Access Requirements; Applicant/Recipient
Disclosures: HUD Reform Act
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 subpart C, and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942), for
further information on these disclosure requirements.)
Public notice. HUD will include recipients that receive assistance
pursuant to this NOFA in its quarterly Federal Register notice of
recipients of all HUD assistance awarded on a competitive basis. (See
24 CFR 12.16(b), and the notice published in the Federal Register on
January 16, 1992 (57 FR 1942), for further information on these
requirements.)
(h) Section 112 HUD Reform Act
Section 13 of the Department of Housing and Urban Development Act
contains two provisions dealing with efforts to influence HUD's
decisions with respect to financial assistance. The first imposes
disclosure requirements on those who are typically involved in these
efforts--those who pay others to influence the award of assistance or
the taking of a management action by the Department and those who are
paid to provide the influence. The second restricts the payment of fees
to those who are paid to influence the award of HUD assistance, if the
fees are tied to the number of housing units received or are based on
the amount of assistance received, or if they are contingent upon the
receipt of assistance.
Section 13 was implemented by final rule published in the Federal
Register on May 17, 1991 (56 FR 22912) as 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.
Authority: Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1993
(approved October 6, 1992, Pub. L. 102-389); Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1994, (approved October 28, 1993, Pub. L. 103-
124).
Dated: March 2, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-5536 Filed 3-9-94; 8:45 am]
BILLING CODE 4210-13-P
