[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 12028-12037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5860]
[[Page 12027]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Funding Availability; Economic Development and Supportive
Services Carryover Funding Competition; Notice
Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 /
Notices
[[Page 12028]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4453-N-01]
Notice of Funding Availability; Economic Development and
Supportive Services Carryover Funding Competition
AGENCY: Office of Public and Indian Housing, HUD.
ACTION: Notice of Funding Availability (NOFA).
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SUMMARY: Purpose of the Program. The purpose of the Economic
Development and Supportive Services (EDSS) program is to provide grants
to public housing agencies (PHAs), and Tribes or tribally designated
housing entities (TDHEs) to enable them to establish and implement
programs that increase resident self-sufficiency, and support continued
independent living for elderly or disabled residents.
Available Funds. Approximately $23.5 million in carryover funding
is being made available for the EDSS program under this NOFA.
Eligible Applicants. PHAs, and Tribes or TDHEs that have not
received a previous EDSS grant are eligible recipients under this NOFA.
Application Deadline. Completed applications (one original and two
copies) must be submitted, no later than 12:00 midnight local time on
April 26, 1999 for this Program;
Match. All grants require a match of at least 25% of the grant
amount. This match does not have to be a cash match. It can be in-kind
and/or cash contributions. (See section IV. (A)(3) for more detailed
requirements.)
ADDITIONAL INFORMATION: If you are interested in applying for funding
under this program, please review carefully the following information:
I. Application Due Date, Application Kits, and Technical Assistance
Application Due Date: Completed applications (one original and two
copies) must be submitted, no later than 12:00 midnight local time on
April 26, 1999 for this Program;
Address for Submitting Applications: An original and two copies of
the application must be received by the application due date at the
local Field Office with delegated public housing responsibilities,
attention: Director, Office of Public Housing or, in the case of Tribes
or TDHEs, to the Administrator, Area Office of Native American Programs
(AONAP), as appropriate. A list of HUD Field Office addresses is
available as part of the application kit.
Mailed Applications: Applications will be considered timely if
postmarked on or before 12:00 midnight on the application due date and
received by the local HUD Field Office or AONAP.
Applications Sent by Overnight/Express Mail Delivery: Applications
sent by overnight delivery or express mail will be considered timely
filed if received on or before the application due date, or upon
submission of documentary evidence that they had been placed in transit
with the overnight delivery service by no later than the specified
application due date.
Hand Carried Applications: Hand carried applications to Local HUD
Field Offices or AONAPs will be accepted during normal business hours
on or before the application due date.
For Application Kits, Further Information and Technical Assistance
For Application Kits. For an application kit and any supplemental
information please call the Public and Indian Housing Information and
Resource Center at 1-800-955-2232. Persons with hearing or speech
impairments may call the Center's TTY number at 1-800-HUD-2209. When
requesting an application kit, please refer to EDSS and provide your
name, address (including zip code), and telephone number (including
area code). The application kit also will be available on the Internet
through the HUD web site at http://www.hud.gov.
For Further Information and Technical Assistance. For answers to
your questions, you have several options. You may call the local HUD
field office with delegated responsibilities over the pertinent housing
agency/authority, or in the case of a Tribe or a TDHE applying for EDSS
grants, the AONAP with jurisdiction over the Tribe/TDHE. Answers may
also be obtained by calling the Public and Indian Housing Information
and Resource Center at 1-800-955-2232. Persons with hearing or speech
impairments may access this number via TTY (text telephone) by calling
the Federal Information Relay Service at 1-800-877-8339 (this is a toll
free number). Information on this NOFA may also be obtained through the
HUD web site on the Internet at http://www.hud.gov.
II. Amount Allocated
(A) Total Amount. Approximately $23.5 million in funding is being
made available under this NOFA for eligible PHAs, Tribes and TDHEs.
This amount is comprised of $6,727,034 from the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997, (Pub. L. 104-204, 110 Stat. 2874, approved
September 26, 1996), and $16,772,966 from the Departments of Veterans
Affairs and Housing and Urban Development and Independent Agencies
Appropriations Act, 1998 (Pub. L. 105-65, 111 Stat. 1344, approved
October 27, 1997). To the extent that there are a sufficient number of
qualified applications from Tribes/TDHEs, HUD is setting aside up to
$1.4 million to fund applications from Tribes/TDHEs. The remaining
funds will be awarded to eligible applications from PHAs in accordance
with the requirements set forth in this NOFA.
(B) Allocation By Grant Category. Both the amount for Tribes/TDHEs
and PHAs will be allocated as follows: 60% will be allocated to Family
Economic Development and Supportive Services (EDSS) category grants;
and the remaining 40% will be allocated to Elderly and Disabled
Supportive Services (SS) category grants.
(C) Maximum Grant Awards. The maximum grant awards are limited as
follows:
(1) For the Family EDSS category, no more than $250 per occupied
unit up to the below listed maximums:
(a) For PHAs, Tribes/TDHEs with 1 to 780 occupied units, the
maximum grant award is $150,000.
(b) For PHAs, Tribes/TDHEs with 781 to 7,300 occupied units, the
maximum grant award is $500,000.
(c) For PHAs, Tribes/TDHEs with 7,301 or more occupied units, the
maximum grant award is $1,000,000.
(2) For Elderly and Disabled SS category, no more than $250 per
occupied unit up to the below listed maximums:
(a) For PHAs, Tribes/TDHEs with 1 to 217 units occupied by elderly
residents or persons with disabilities, the maximum grant award is
$54,250.
(b) For PHAs, Tribes/TDHEs with 218 to 1,155 units occupied by
elderly residents or persons with disabilities, the maximum grant award
is $200,000.
(c) For PHAs, Tribes/TDHEs with 1,156 or more units occupied by
elderly residents or persons with disabilities, the maximum grant award
is $300,000.
(D) Units Counted. Tribes/TDHEs should use the number of units
counted as Formula Current Assisted Stock for Fiscal Year 1998 as
defined in 24 CFR 1000.316. Tribes who have not previously received
funds from the Department under the 1937 Act should count housing units
under management that are owned and operated by the tribe and are
identified in their housing inventory as of September 30, 1997.
[[Page 12029]]
(E) Limitation on Multiple Applications. A PHA, Tribe/TDHE may
submit one application under the Family EDSS grant category and/or one
application under the Elderly and Disabled SS grant category. The
maximum number of applications that a HA may submit is two. If an
applicant is applying for both funding categories, then it must submit
two separate applications in which the total amount requested must not
exceed the maximum grant amount available for its size under the Family
EDSS category.
III. Program Description; Eligible Applicants; Eligible Activities
(A) Program Description. The Economic Development and Supportive
Services program is designed to provide PHAs, Tribes, or TDHEs with a
range of resources that broaden the number of opportunities for
families to overcome barriers to economic self-sufficiency,
particularly those affected by welfare reform. EDSS funding also
provides resources that address the needs of elderly or disabled
persons so that they can continue independent living without
institutionalization.
EDSS represents a major HUD initiative to improve the targeting and
management of available resources for resident self-sufficiency. The
goal is to most effectively focus these resources on ``welfare to
work'' and on independent living for the elderly or persons with
disabilities. HUD believes that it is imperative that housing
authorities and residents work together to meet the challenge of
welfare reform. Therefore, HUD is interested in innovative approaches
that demonstrate collaboration with other resource providers at the
local, State and Federal levels.
Applicants should take care in reviewing section III. of this NOFA
to ensure they are eligible to apply for funds and that they meet the
program requirements and limitations described for this program.
(B) Eligible Applicants. PHAs, Tribes or their TDHEs that have not
received a previous EDSS grant are eligible applicants.
(C) Eligible Activities. EDSS Program funds may be used for the
activities described below in this section. At least 75 percent of the
persons participating and receiving benefits from these activities must
be residents of conventional Public Housing, or HUD-assisted Indian
Housing. Any other persons (up to 25 percent per grantee) participating
or receiving benefits from these programs must be recipients of Section
8 assistance.
(1) Economic Development Activities. These are activities essential
to facilitate economic uplift and provide access to the skills and
resources needed for self-development and business development.
Economic development activities may include:
(a) Entrepreneurship Training--which may include literacy training,
computer skills training, and business development planning.
(b) Entrepreneurship Development--which may include developing an
entrepreneurship training curriculum and entrepreneurship courses.
(c) Micro/Loan Fund Development. Developing a strategy for
establishing a revolving micro/loan fund and/or capitalizing a loan
fund for economic development costs including licensing, bonding, and
insurance needed to operate a business.
(d) Developing credit unions. Developing a strategy to establish
on-site credit union(s) to provide financial and economic development
initiatives to PHA/Tribal/TDHE residents. (EDSS grant funds cannot be
used to capitalize a credit union.) The credit union could support the
normal financial management needs of the community (i.e., check
cashing, savings, consumer loans, micro-businesses and other revolving
loans).
(e) Employment training and counseling--including job training
(such as Step-Up programs), preparation and counseling, job search
assistance, job development and placement, and continued follow-up
assistance.
(f) Employer linkage and job placement.
(2) Supportive Services Activities. These activities consist of the
provision of services to assist eligible residents to become
economically self-sufficient, particularly families with children where
the head of household would benefit from the receipt of supportive
services and is working, seeking work, or is preparing for work by
participating in job-training or educational programs. Supportive
services may include:
(a) Child care, of a type that provides sufficient hours of
operation and serves appropriate ages as needed to facilitate parental
access to education and job opportunities.
(b) Computer based educational opportunities and skills training.
(c) Homeownership training and counseling, development of
feasibility studies and preparation of homeownership plans/proposals.
(d) Educational services and assistance, including but not limited
to: remedial education; computer skills training; career counseling;
literacy training; assistance in the attainment of certificates of high
school equivalency; two-year college tuition assistance; trade school
assistance; youth leadership skills training and related activities,
which may include training in peer leadership roles for youth
counselors, peer pressure reversal, life skills, and goal planning).
(e) Youth mentoring of a type that mobilizes a potential pool of
role models to serve as mentors to public or Indian housing youth.
Mentor activities may include after-school tutoring, help with problem
resolution issues, illegal drugs avoidance, job counseling, or mental
health counseling.
(f) Transportation costs, as necessary to enable any participating
family member to commute to his or her training or supportive services
activities or place of employment.
(g) Personal well being (e.g., family/parental development
counseling, parenting skills training for adult and teenage parents,
and self-development counseling).
(h) Supportive health care services (e.g., outreach and referral
services to mental health or substance and alcohol abuse treatment and
counseling).
(i) Contracting for case management services contracts or
employment of case managers, either of which must ensure
confidentiality about resident's disabilities.
(3) Elderly and Disabled Supportive Services Activities. Supportive
Services for the elderly or for persons with disabilities include:
(a) Meal service adequate to meet nutritional need;
(b) Assistance with daily activities;
(c) Housekeeping aid;
(d) Transportation services;
(e) Wellness programs, preventive health education, referral to
community resources;
(f) Personal emergency response; and
(g) Congregate services--includes supportive services that are
provided in a congregate setting at a conventional HA development.
(4) Employment of or Contracting for Service Coordinators. For the
purposes of this NOFA, a service coordinator is any person who is
responsible for one or more of the following functions:
(a) Under Family EDSS category grants, assessing the training and
supportive service needs of eligible residents;
(b) Working with community service providers to coordinate the
provision of services and to tailor services to the needs and
characteristics of eligible residents;
(c) Establishing a system to monitor and evaluate the delivery,
impact, effectiveness and outcomes of supportive services under this
program;
[[Page 12030]]
(d) Coordinating this program with other independent living or
self-sufficiency, education and employment programs;
(e) Performing duties and functions that are appropriate to assist
eligible public and Indian housing residents to become economically
self-sufficient;
(f) Performing duties and functions to assist residents to remain
independent, and to prevent unnecessary institutionalization;
(g) Mobilizing national and local public/private resources and
partnerships; and
(h) Providing any other services and resources, appropriate to
assist eligible residents, that are proposed by the applicant, approved
by HUD, and authorized by the 1998 Appropriations Act.
(D) Ineligible Activities. The following activities are ineligible
for funding under the EDSS Program:
(1) Payment of wages or salaries to participants receiving
supportive services or training programs, except that grant funds may
be used to hire a resident(s) to coordinate training program
activities.
(2) Purchase or rental of land or buildings or any improvements to
land or buildings.
(3) Building material and construction costs.
(4) The hiring of service coordinators for the same housing
development under the Elderly and Disabled SS category in this NOFA if
the applicant received a Service Coordinators Program grant under the
FY 1998 NOFA.
(5) The purchase of vehicles.
IV. Program Requirements
(A) Adhere to the Grant Agreement. After an application has been
approved, HUD and the applicant shall enter into a grant agreement
(Form HUD-1044 and attachments) incorporating the entire application
except as modified by HUD and setting forth the amount of the grant and
its applicable terms, conditions, financial controls, payment mechanism
(which except under extraordinary conditions will operate under HUD's
Line of Credit Control System (LOCCS) and special conditions, including
requiring adherence to the appropriate OMB circulars and other
government wide requirements and specifying sanctions for violation of
the agreement. The grant agreement will include additional information
regarding Insurance/Indemnification, Freedom of Information Act, grant
staff personnel, exclusion period, earnings and benefits, reports,
closeouts, and treatment of income.
(B) Internet Access. Prior to the initial draw down, all EDSS
grantees shall have secured on-line access to the internet as a means
to communicate with HUD on grant matters and EDSS grantees shall have
provided 75% of the required MTCS data to HUD. Tribes and TDHEs are
exempt from MTCS reporting.
(C) Risk Management. Grantees and subgrantees are required to
implement, administer and monitor programs so as to minimize the risk
of fraud, waste, abuse, and liability for losses from adversarial legal
action.
(D) Administrative Costs. Administrative costs must not exceed 15%
of the grant amount.
(E) Stipends. No more than $200 per participant per month of the
grant award may be used for stipends for active trainees and EDSS
program participants to cover the reasonable costs related to
participation in training and other EDSS activities.
(F) Grant Term. The grantee must complete its grant activities
within two years of the execution of the grant agreement.
(G) Definitions. The following definitions apply for this NOFA:
Community Facility means a non-dwelling structure that provides
space for multiple supportive services for the benefit of public and
Indian housing residents (as well as others eligible for the services
provided) that may include but are not limited to:
(1) Child care;
(2) After-school activities for youth;
(3) Job training;
(4) Campus of Learner activities; and
(5) English as a Second Language (ESL) classes.
Contract Administrator means an overall administrator and/or a
financial management agent that oversees the financial aspects of a
grant and assists in the entire implementation of the grant. Examples
of qualified organizations that can serve as a Contract Administrator
are:
(1) Local housing authorities; and
(2) Community based organizations such as Community Development
Corporations (CDCs), community churches, and State/Regional
Associations/Organizations.
Development has the same meaning as the term ``Project'' below.
Firmly Committed means there must be a signed, written agreement to
provide the resources. This written agreement may be contingent upon an
applicant receiving an award.
Elderly person means a person who is at least 62 years of age.
Person with disabilities means an adult person who:
(1) Has a condition defined as a disability in section 223 of the
Social Security Act;
(2) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance Bill of Rights Act. Such a term
shall not exclude persons who have the disease of acquired
immunodeficiency syndrome (AIDS) or any conditions arising from the
etiologic agent for acquired immunodeficiency syndrome; or
(3) Is determined, pursuant to regulations issued by the Secretary,
to have a physical, mental, or emotional impairment which:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live
independently; and
(iii) Is of such a nature that such ability could be improved by
more suitable housing conditions.
(4) The definition provided above for persons with disabilities is
the proper definition for determining program qualifications. However,
the definition of a person with disabilities contained in section 504
of the Rehabilitation Act of 1973 and its implementing regulations must
be used for purposes of the requirements of Fair Housing laws,
including providing reasonable accommodations.
Project is the same as ``low-income housing project'' as defined in
section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (1937 Act).
(H) Statutory Requirements. To be eligible for funding under this
NOFA, you, the applicant, must meet all applicable statutory and
regulatory requirements. If you need copies of regulations, they are
available at the HUD web site located at http://www.HUD.gov. HUD may
reject an application from further funding consideration if the
activities or projects proposed in the application are not eligible
activities and projects, or HUD may eliminate the ineligible activities
from funding consideration and reduce the grant amount accordingly.
(I) Threshold Requirements--Compliance with Fair Housing and Civil
Rights Laws. With the exception of Federally recognized Indian tribes,
all applicants and their subrecipients must comply with all Fair
Housing and civil rights laws, statutes, regulations and executive
orders as enumerated in 24 CFR 5.105(a). If you are a Federally
recognized Indian tribe, you must comply with the Age Discrimination
Act of 1975, section 504 of the Rehabilitation Act of 1973, and the
Indian Civil Rights Act.
[[Page 12031]]
If you, the applicant: (a) have been charged with a systemic
violation of the Fair Housing Act by the Secretary alleging ongoing
discrimination; (b) are the 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
noncompliance findings 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, your application will
not be evaluated under this NOFA if, prior to the application deadline,
the charge, lawsuit, or letter of findings has not been resolved to the
satisfaction of the Department. HUD's decision regarding whether a
charge, lawsuit, or a letter of findings has been satisfactorily
resolved will be based upon whether appropriate actions have been taken
necessary to address allegations of ongoing discrimination in the
policies or practices involved in the charge, lawsuit, or letter of
findings.
(J) Additional Nondiscrimination Requirements. You, the applicant,
must comply with the Americans with Disabilities Act, and Title IX of
the Education Amendments Act of 1972.
(K) Affirmatively Furthering Fair Housing. If you are a successful
applicant, you will have a duty to affirmatively further fair housing.
You, the applicant, should include in your application or work plan the
specific steps that you will take to:
(1) Address the elimination of impediments to fair housing that
were identified in the jurisdiction's Analysis of Impediments (AI) to
Fair Housing Choice;
(2) Remedy discrimination in housing; or
(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 NOFA rating factors that
address affirmatively furthering fair housing.
(L) Economic Opportunities for Low and Very Low-Income Persons
(Section 3). Recipients of HUD assistance in certain programs must
comply with section 3 of the Housing and Urban Development Act of 1968,
12 U.S.C. 1701u (Economic Opportunities for Low and Very Low-Income
Persons) and the HUD regulations at 24 CFR part 135, including the
reporting requirements subpart E. Section 3 requires recipients to
ensure that, to the greatest extent feasible, training, employment and
other economic opportunities will be directed to (1) low and very low
income persons, particularly those who are recipients of government
assistance for housing and (2) business concerns which provide economic
opportunities to low and very low income persons.
(M) Relocation. Any person (including individuals, partnerships,
corporations or associations) who moves from real property or moves
personal property from real property directly (1) because of a written
notice to acquire real property in whole or in part, or (2) because of
the acquisition of the real property, in whole or in part, for a HUD-
assisted activity is covered by Federal relocation statute and
regulations. Specifically, this type of move is covered by the
acquisition policies and procedures and the relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and the implementing
governmentwide regulation at 49 CFR part 24. The relocation
requirements of the URA and the governmentwide regulations cover any
person who moves permanently from real property or moves personal
property from real property directly because of rehabilitation or
demolition for an activity undertaken with HUD assistance.
(N) Forms, Certifications and Assurances. You, the applicant, are
required to submit signed copies of the standard forms, certifications,
and assurances, listed in this section, as follows:
(1) Standard Form for Application for Federal Assistance (SF-424);
(2) Standard Form for Budget Information--Non-Construction Programs
(SF-424A);
(3) Standard Form for Assurances--Non-Construction Programs (SF-
424B);
(4) Drug-Free Workplace Certification (Form HUD-50070);
(5) Certification and Disclosure Form Regarding Lobbying (SF-LLL);
(Tribes and tribally designated housing entities (THDEs) established by
an Indian tribe as a result of the exercise of the tribe's sovereign
power are not required to submit this certification. Tribes and TDHEs
established under State law are required to submit this certification.)
(6) Applicant/Recipient Disclosure Update Report (HUD-2880);
(7) Certification that the applicant will comply with the
requirements of the Fair Housing Act, Title VI of the Civil Rights Act
of 1964, section 504 of the Rehabilitation Act of 1973, and the Age
Discrimination Act of 1975, and will affirmatively further fair
housing. CDBG recipients also must certify to compliance with section
109 of the Housing and Community Development Act. Federally recognized
Indian tribes must certify that they will comply with the requirements
of the Age Discrimination Act of 1975, section 504 of the
Rehabilitation Act of 1973, and the Indian Civil Rights Act.
(8) Certification required by 24 CFR 24.510. (The provisions of 24
CFR part 24 apply to the employment, engagement of services, awarding
of contracts, subgrants, or funding of any recipients, or contractors
or subcontractors, during any period of debarment, suspension, or
placement in ineligibility status, and a certification is required.)
(O) OMB Circulars. Certain OMB circulars also apply to this NOFA.
The policies, guidances, and requirements of OMB Circular No. A-87
(Cost Principles Applicable to Grants, Contracts and Other Agreements
with State and Local Governments), OMB Circular No. A-122 (Cost
Principles for Nonprofit Organizations), 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 this program, and to the
remedies for noncompliance, except when inconsistent with the
provisions of the FY 1999 HUD Appropriations Act, other Federal
statutes or the provisions of this NOFA. Copies of the OMB Circulars
may be obtained from EOP Publications, Room 2200, New Executive Office
Building, Washington, DC 10503, telephone (202) 395-7332 (this is not a
toll free number).
(P) Environmental requirements. In accordance with 24 CFR
50.19(b)(3),(9), (12) and (14) of the HUD regulations, activities
assisted under the EDSS program are categorically excluded from the
requirements of the National Environmental Policy Act and are not
subject to environmental review under related laws and authorities.
(Q) Conflicts of Interest. If you are a consultant or expert who is
assisting HUD in rating and ranking applicants for funding under this
NOFA, 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 this NOFA, you may not serve on a selection
panel and you may not serve as a technical advisor to HUD for this
NOFA. All individuals involved in rating and ranking this NOFA,
including experts and
[[Page 12032]]
consultants, must avoid conflicts of interest or the appearance of
conflicts. Individuals involved in the rating and ranking of
applications must disclose to HUD's General Counsel or HUD's Ethic Law
Division the following information if applicable: the selection or non-
selection of any applicant under this NOFA will affect the individual's
financial interests, as provided in 18 U.S.C. 208; or the application
process involves a party with whom the individual has a covered
relationship under 5 CFR 2635.502. The individual must disclose this
information prior to participating in any matter regarding this NOFA.
If you have questions regarding these provisions or if you have
questions concerning a conflict of interest, you may call the Office of
General Counsel, Ethics Law Division, at 202-708-3815 and ask to speak
to one of HUD's attorneys in this division.
V. Application Selection Process
Three types of reviews will be conducted: a screening to determine
if the application submission is complete and on time; a threshold
review to determine applicant eligibility; and a technical review to
rate the application based on the rating factors in section V.(B) of
this NOFA.
(A) Additional Threshold Criteria For Funding Consideration. In
addition to the threshold requirements listed in section IV.(I) of this
NOFA, under the threshold review, the applicant will be rejected from
the competition if the applicant is not in compliance with the
threshold requirements of this NOFA and if the following additional
standards are not met:
(1) Focus on Residents Affected by Welfare Reform. The Family EDSS
application must demonstrate that at least 51% or more of the public or
Indian housing residents to be included in the proposed program are
affected by the welfare reform legislation, including Temporary
Assistance for Needy Families (TANF) recipients, legal immigrants, and
disabled SSI recipients.
(2) Accessible Community Facility. The application must provide
evidence (e.g. through an executed use agreement if the facility is to
be provided by an entity other than the PHA/Tribe/TDHE) that a majority
of the proposed activities will be administered at community facilities
within easy transportation access of the applicant's property. These
facilities must be within walking distance or accessible by direct (no
transfers required), convenient, inexpensive and reliable transport.
The community facilities must also meet the structural accessibility
requirements of Section 504 of the Rehabilitation Act and the Americans
With Disabilities Act.
(3) Match Requirement. (a) The applicant must supplement grant
funds with an in-kind and/or cash match of not less than 25% of the
grant amount. This match does not have to be a cash match. The match
may include: the value of in-kind services, contributions or
administrative costs provided to the applicant; funds from Federal
sources (but not EDSS funds); funds from any State, Tribal or local
government sources; and funds from private contributions.
(b) The application must demonstrate that the cash or in-kind
resources and services, which the applicant will use as match amounts
(including resources from the applicant's Comprehensive Grant, other
governmental units/agencies of any type, and/or private sources,
whether for-profit or not-for-profit), are firmly committed and will
support the proposed grant activities. ``Firmly committed'' means there
must be a signed, written agreement to provide the resources and
services. The written agreement may be contingent upon an applicant
receiving a grant award.
(c) The following are guidelines for valuing certain types of in-
kind contributions:
(i) The value of volunteer time and services shall be computed at a
rate of six dollars per hour except that the value of volunteer time
and services involving professional and other special skills shall be
computed on the basis of the usual and customary hourly rate paid for
the service in the community where the EDSS activity is located.
(ii) The value of any donated material, equipment, building, or
lease shall be computed based on the fair market value at time of
donation. Such value shall be documented by bills of sales, advertised
prices, appraisals, or other information for comparable property
similarly situated not more than one-year old taken from the community
where the item or EDSS activity is located, as appropriate.
(4) Compliance with Current Programs. The applicant must provide
certification in the format provided in the application kit that it is
not in default at the time of application submission with respect to
grants for the following programs: the Family Investment Center
Program; the Youth Development Initiative under the Family Investment
Center Program; the Youth Apprenticeship Program; the Apprenticeship
Demonstration in the Construction Trades Program; the Urban Youth Corps
Program; the HOPE 1 Program; the Public Housing Service Coordinator
Program; the Public Housing Drug Elimination Program; and the Youth
Sports Program. ``Default'' for purposes of this certification means
any unresolved findings and/or outstanding recommendations from prior
HUD reviews or audits undertaken by HUD, HUD-Office of Inspector
General, the General Accounting Office (GAO) or independent public
accountants (IPAs).
(5) PHMAP Score. In the case of a PHA that is designated as
``troubled'' as a result of its PHMAP score, the PHA must provide
documentation that a Contract Administrator (or equivalent organization
that is qualified to administer federal grants, contracts, or
cooperative agreements as evidence by information submitted in this
document) will be deployed in the administration of this proposed
grant. An applicant cannot have a PHMAP score less than a ``C'' for
Indicator #6, Financial Management, and Indicator #7, Resident
Initiatives and Community Building, on its most recent PHMAP.
(B) Factors for Award Used to Evaluate and Rate EDSS Applications.
The factors for rating and ranking applicants and maximum points for
each factor are provided below. The maximum number of points for this
program is 102. This includes two Empowerment Zone/Enterprise Community
(EZ/EC) bonus points, as described in the General Section of the
SuperNOFA. An EDSS application must receive a total of 75 points to be
eligible for funding.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational
Experience (20 Points)
This factor addresses the extent to which the applicant has the
organizational resources necessary to successfully implement the
proposed activities in a timely manner. In rating this factor HUD will
consider the extent to which the proposal demonstrates:
(1) Proposed Program Staffing (7 Points)
(a) Experience. (4 Points): The knowledge and experience of the
proposed project director and staff, including the day-to-day program
manager, sub-recipients and partners in planning and managing programs
for which funding is being requested. Experience will be judged in
terms of recent, relevant and successful experience of the applicant's
staff to undertake eligible program activities.
(b) Sufficiency. (3 Points): The applicant, its sub-recipients, and
partners have sufficient personnel or will be able to quickly access
qualified experts or professionals, to deliver the proposed activities
in each proposed
[[Page 12033]]
service area in a timely and effective fashion, including the readiness
and ability of the applicant to immediately begin the proposed work
program. To demonstrate sufficiency, the applicant must submit the
proposed number of staff years to be allocated to the project by
employees and experts, the titles and relevant professional background
and experience of each employee and expert proposed to be assigned to
the project, and the roles to be performed by each identified employee
and expert.
(2) Program Administration and Fiscal Management (7 Points)
(a) Program Administration. (4 Points): The soundness of the
proposed management of the proposed EDSS program. In order to receive a
high score, an applicant must provide a comprehensive description of
the project management structure. The narrative must provide a
description of how any co-applicants, subgrantees and other partner
agencies relate to the program administrator as well as the lines of
authority and accountability among all components of the proposed
program.
(b) Fiscal Management. (3 Points): The soundness of the applicant's
proposed fiscal management. In order to receive a high score an
applicant must provide a comprehensive description of the fiscal
management structure, including, but not limited to, budgeting, fiscal
controls and accounting. The application must identify the staff
responsible for fiscal management, and the processes and timetable for
implementation during the proposed grant period.
(3) Applicant/Administrator Track Record (6 Points): Based on the
applicant's, or if a Contract Administrator is proposed, the
Administrator's, prior performance in successfully carrying out grant
programs designed to assist residents in increasing their self-
sufficiency, security or independence. In order to receive a high
score, the applicant must demonstrate its (or the proposed
Administrator's) program compliance and successful implementation of
any resident self-sufficiency, security or independence oriented grants
(including those listed below) awarded to the applicant or overseen by
the Administrator. Applicants or Administrators with no prior
experience in operating programs that foster resident self-sufficiency,
security or independence will receive a score of 0 on this factor. The
applicant's past experience may include, but is not limited to,
administering the following grants: the Family Investment Center
Program; the Youth Development Initiative under the Family Investment
Center Program; the Youth Apprenticeship Program; the Apprenticeship
Demonstration in the Construction Trades Program; the Urban Youth Corps
Program; the HOPE I Program; the Public Housing Service Coordinator
Program; the Public Housing Drug Elimination Program; and the Youth
Sports Program.
Rating Factor 2: Need/Extent of the Problem (20 Points)
This factor addresses the extent to which there is a need for
funding the proposed program activities to address a documented problem
in the target area. Applicants will be evaluated on the extent to which
they document a critical level of need in the development or the
proposed activities in the area where activities will be carried out.
In responding to this factor, applicants will be evaluated on:
(1) A Needs Assessment Document (18 Points): HUD will award up to
18 points based on the quality and comprehensiveness of the needs
assessment document.
(a) In order to obtain maximum points for Family EDSS Category
applications, this document must contain statistical data which
provides:
(i) A thorough socioeconomic profile of the eligible residents to
be served by the grant, in relationship to PHA-wide and national public
and Indian housing data on residents who are on TANF, SSI benefits, or
other fixed income arrangements; in job training, entrepreneurship, or
community service programs; and employed.
(ii) Specific information on training, contracting and employment
through the PHA.
(iii) An assessment of the current service delivery system as it
relates to the needs of the target population, including the number and
type of services, the location of services, and community facilities
currently in use;
(iv) A description of the goals, objectives, and program strategies
that will result in successful transition of residents from welfare-to-
work.
(b) In order to obtain maximum points for Elderly and Disabled SS
Category applications, the needs assessment document should contain
statistical data which provides:
(i) The numbers of residents indicating need for assistance for
activities of daily living.
(ii) An assessment of the current service delivery system as it
relates to the needs of the target population, including the number and
type of services, the location of services, and community facilities
currently in use.
(iii) A description of the goals, objectives, and program
strategies that will result in increased independence for proposed
program participants.
(2) Level of Priority in Consolidated Plan. (2 Points):
Documentation of the level of priority the locality's, or in the case
of small cities, the State's, Consolidated Plan has placed on
addressing the needs. Applicants may also address needs in terms of
fulfilling the requirements of court actions or other legal decisions
or which expand upon the Analysis of Impediments to Fair Housing Choice
(AI) to further fair housing. Applicants that address needs that are in
the community's Consolidated Plan, AI, or a court decision, or identify
and substantiate needs in addition to those in the AI, will receive a
greater number points than applicants who do not relate their proposed
program to the approved Consolidated Plan or AI or court action. There
must be a clear relationship between the proposed activities, community
needs and the purpose of the program funding for an applicant to
receive points for this factor. For Tribes/TDHEs, the Indian Housing
Plan would be the document to review for this information.
Rating Factor 3: Soundness of Approach (40 Points)
This factor addresses the quality and cost-effectiveness of the
applicant's proposed work plan. In rating this factor HUD will
consider: the viability and comprehensiveness of strategies to address
the needs of residents; budget appropriateness/efficient use of grant;
the speed at which the applicant can realistically accomplish the goals
of the proposed EDSS program; the soundness of the applicant's plan to
evaluate the success of its proposed EDSS program at completion and
during program implementation; and resident and other partnerships; and
policy priorities.
(1) Viability and comprehensiveness of the strategies to address
the needs of residents (19 Points): The score under this subfactor will
be based on the viability and comprehensiveness of strategies to
address the needs of residents. HUD will award up to 19 points based on
the following:
(a) Services (13 Points for Family EDSS applicants and 19 Points
for Elderly and Disabled SS applicants; more points are awarded in the
Elderly and Disabled SS application in order to balance other sections
of the rating criteria where points are not applicable to an Elderly
and Disabled SS applicant) The score under this subfactor will be based
on the following:
[[Page 12034]]
(i) For Family EDSS Category applications, the extent to which an
applicant's plan provides services that specifically address the
successful transition from welfare to work of non-elderly families. To
receive a high score, the applicant's plan should include case
management/counseling, job training/development/placement (and/or
business training/development/startup), child care, and transportation
services. Also, in order to receive maximum points, the goals and
objectives of the proposed plan must represent significant achievements
related to welfare-to-work and other self-sufficiency/independence
goals. Specifically for those residents affected by welfare reform, the
number of residents employed or resident businesses started are
preferable to the number of residents receiving training.
(ii) For Elderly and Disabled SS Category applications, services in
the applicant's plan should include case management, health care,
congregate services and transportation. To obtain maximum points, the
services must be located in a community facility and be available on a
12 hour basis or as needed by the eligible residents.
(b) Resident Contracting and Employment (3 Points): The score in
this factor will be based on the extent to which residents will achieve
self-sufficiency through the applicant's contracts with resident-owned
businesses and through resident employment. A high score will be
awarded where there is documentation (a letter or resolution from the
applicant's governing body) describing the applicant's commitment to
hire or contract with at least 15% of residents and a narrative
describing the number of resident jobs or contracts involved, as well
as the training processes related to the Comprehensive Plan. Elderly
and Disabled SS Category applications will not be scored on the
criterion in this subcategory.
(c) Rent and Occupancy Incentives. (3 Points): The score in this
factor will be based on the degree to which the applicant has
implemented, proposes to implement, or collaborates with, a public
welfare department to implement incentives designed to promote resident
self-sufficiency, including but not limited to: ceiling rents, rent
exclusions, rent escrows, occupancy preferences for applicants who work
or who are in a self-sufficiency program, stipends, or income
disregards. A high score is received if the applicant can show how the
incentives complement the purposes of the program activities for which
the applicant is seeking funding. Elderly and Disabled SS Category
applications will not be scored on this criterion.
(2) Budget Appropriateness/Efficient Use of Grant (5 Points): The
score in this factor will be based on the following:
(a) Detailed Budget Break-Out. The extent to which the application
includes a detailed budget break-out for each budget category in the
SF-424A.
(b) Reasonable Administrative Costs. The extent to which the
application includes administrative costs below the 15% administrative
cost ceiling.
(c) Budget Efficiency. The extent to which the application requests
funds commensurate with the level of effort necessary to accomplish the
goals and objectives, and the extent to which the requested funding is
reasonable in relationship to the anticipated results.
(3) Reasonableness of the Timetable (2 Points for Family EDSS
applicants and 4 Points for Elderly and Disabled SS applicants; more
points are awarded in the Elderly and Disabled SS application in order
to balance other sections of the rating criteria where points are not
applicable to Elderly and Disabled SS applicant):
The score in this factor will be based on the speed of response at
which the applicant can accomplish the goals of the proposed EDSS
program. To receive a high score, the applicant must demonstrate that
it will make substantial program implementation progress within the
first six months after grant execution, including putting staff in
place, finalizing partnership arrangements, completing the development
of requests for proposals, and achieving other milestones that are
prerequisites for implementation of the program. In addition the
applicant must demonstrate that the proposed timetable for all
components of the proposed program is reasonable considering the size
of the grant and its activities and that it can accomplish its
objectives within the 24 month time limit.
(4) Program Assessment. (3 Points for Family EDSS and Elderly and
Disabled SS): The score in this factor will be based on the soundness
of the applicant's plan to evaluate the success of its proposed EDSS
program both at the completion of the program and during program
implementation. At a minimum, the applicant must track the goals and
objectives of the proposed work plan program, which must include, if
applicable, a plan for monitoring the applicant's Contract
Administrator. HUD will rate more favorably applicants who can track
specific measurable achievements for the use of program funds, such as
number of residents employed, salary scales of jobs obtained, persons
removed from welfare roles 12 months or longer, number of elderly or
disabled residents receiving from supportive services, and number of
persons receiving certificates for successful completion of training in
careers such as computer technology.
(5) Resident and Other Partnerships (9 Points for Family EDSS
applicants and 7 Points for Elderly and Disabled SS applicants)
(a) Resident Involvement in ED/SS Activities (3 Points for Family
EDSS applicants and 4 Points for Elderly and Disabled SS applicants;
more points are awarded in the Elderly and Disabled SS application in
order to balance other sections of the rating criteria where points are
not applicable to and Elderly and Disabled SS applicants): The score in
this factor will be based on the extent of resident involvement in
developing the proposed EDSS program as well as the extent of proposed
resident involvement in implementing the proposed EDSS program. In
order to receive a high score on this factor the applicant must provide
documentation that describes the involvement of residents in the
planning phase for this program, and a commitment to provide continued
involvement in grant implementation. In order to receive the maximum
number of points, a memorandum of understanding or other written
agreement between the applicant and Resident Associations must be
included.
(b) Other Partnerships (3 Points): The score in this factor will be
based on the successful integration of partners into implementation of
the proposed EDSS program. In order to receive a high score, an
applicant must provide a signed Memorandum of Understanding (MOU) or
other equivalent signed documentation that delineates the roles and
responsibilities of each of the parties in the program and the benefits
they will receive. In assessing this subfactor, HUD will examine a
number of aspects of the proposed partnership, including:
(i) The division of responsibilities/management structure of the
proposed partnership relative to the expertise and resources of the
partners;
(ii) The extent to which the partnership as a whole addresses a
broader level of unmet resident needs; and
(iii) The extent to which the addition of the partners provides the
ability to meet needs that the applicant could not meet without the
partner(s).
(c) Overall Relationship/TOP Coordination (3 Points for Family EDSS
only): For Family EDSS applicants, the score in this factor will be
based on the extent of coordination between the
[[Page 12035]]
applicant's proposed EDSS program and any existing or proposed TOP
programs sponsored by RAs within the applicant's jurisdiction. In order
to receive a high score, the application must contain an MOU that
describes collaboration between the applicant's staff and residents on
all of the specific components related to the work plan of both the
proposed or current TOP and EDSS programs. To receive points, at a
minimum, there must a narrative description of this collaboration. If
there are no existing and no proposed TOP grants within the
jurisdiction of the applicant, the score for this factor will be 0.
Elderly and Disabled SS applications will not be scored on this
criterion. In addition, if all of the resident groups eligible to apply
for TOP within the applicant's jurisdiction have already received TOP
grants and will have completed the activities, the applicant will not
be scored on this criterion.
(6) Policy Priorities (2 Points for Family EDSS and Elderly and
Disabled SS): Documentation of the extent to which policy priorities of
the Department are furthered by the proposed activities. Such
Department policy priorities are: affirmatively furthering fair housing
by promoting greater opportunities for housing choice for minorities
and the disabled; promoting healthy homes; providing opportunities for
self-sufficiency, particularly for persons enrolled in welfare to work
programs; providing enhanced economic, social and/or living
environments in Empowerment Zones or Enterprise communities; and,
providing educational and job training opportunities through such
initiatives as Neighborhood Networks or Campus of Learners, and linking
programs to AmeriCorps activities. To obtain the full two points in
this category, at least three of these five policy priorities must be
addressed.
Rating Factor 4: Leveraging Resources (10 Points)
This factor addresses the ability of the applicant to secure
community resources (note: financing is a community resource) which can
be combined with HUD's program resources to achieve program purposes.
In evaluating this factor HUD will consider:
The extent to which the applicant has partnered with other entities
to secure additional resources to increase the effectiveness of the
proposed program activities. The budget, the work plan, and commitments
for additional resources and services, other than the grant, must show
that these resources are firmly committed, will support the proposed
grant activities and will, in combined amount (including in-kind
contributions of personnel, space and/or equipment, and monetary
contributions) equal at least 25% of the EDSS grant amount proposed in
this application. ``Firmly committed'' means there must be a signed,
written agreement with the provider of resources. The signed, written
agreement may be contingent upon an applicant receiving a grant award.
Other resources and services may include: the value of in-kind
services, contributions or administrative costs provided to the
applicant; funds from Federal sources (not including EDSS funds); funds
from any State or local government sources; and funds from private
contributions. Applicants may also partner with other program funding
recipients to coordinate the use of resources in the target area.
Applicants must provide evidence of leveraging/partnerships by
including in the application letters of firm commitments, memoranda of
understanding, or agreements to participate from those entities
identified as partners in the application. To be firmly committed there
must be a signed, written agreement with the provider of resources.
This agreement may be contingent upon an applicant receiving a grant
award. Each letter of commitment, memorandum of understanding, or
agreement to participate should include the organization's name,
proposed level of commitment and responsibilities as they relate to the
proposed program. The commitment must also be signed by an official of
the organization legally able to make commitments on behalf of the
organization.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
This factor addresses the extent to which the applicant's program
reflects a coordinated, community-based process of identifying needs
and building a system to address the needs by using available HUD
funding resources and other resources available to the community.
In evaluating this factor HUD will consider the extent to which the
application addresses:
(1) Coordination with the Consolidated Plan (2 Points for Family
EDSS applicants and 6 points for Elderly and Disabled SS applicants;
more points are awarded in the Elderly and Disabled SS application in
order to balance other sections of the rating criteria where points are
not applicable to an Elderly and Disabled SS application.) Demonstrates
the applicant has reviewed the community's Consolidated Plan and/or
Analysis of Impediments to Fair Housing Choice, and has proposed
activities that address the priorities, needs, goals or objectives in
those documents; or substantially further fair housing choice in the
community. For tribes/TDHEs the Indian Housing Plan would be the
document to review for information.
(2) For Family EDSS Applications, Coordination with the State or
Tribal Welfare Plan (4 Points): Provides evidence that the proposed
EDSS program has been coordinated with and supports the applicant's
efforts to increase resident self-sufficiency and is coordinated and
consistent with the State or Tribal Welfare Plan.
(3) Coordination with Other Activities (4 Points): Demonstrates
that the applicant, in carrying out program activities, will develop
linkages with: other HUD funded program activities proposed or on-going
in the community; or other State, Federal or locally funded activities
proposed or on-going in the community which, taken as a whole, support
and sustain a comprehensive system to address the needs.
(C) Selections. In order to be considered for funding under the
EDSS program, an applicant must receive a minimum score of 75.
Applications will be rated and ranked under the rating factors in
section V.(B), above, and funded in rank order. If two or more
applications have the same number of points, the application with the
most points for Factor 3, Soundness of Approach shall be selected. If
there is still a tie, the application with the most points for Factor
4, Leveraging Resources shall be selected.
VI. Application Submission Requirements
The applicant must submit the following, which are further
described in the application kit:
(A) Needs Assessment Report which includes statistical or survey
information on the needs of the recipient population; please use the
appropriate format provided in the application kit.
(B) A two-year work plan for implementing EDSS activities which
includes goals, budget, timetable and strategies. In addition to a
narrative, please use the formats provided in the application kits to
chart the following:
(1) Activity plan summary;
(2) Activity breakout;
(3) Budget breakout;
(4) Summary budget;
(5) Program resources; and
(6) Program staffing;
[[Page 12036]]
(C) Information on the applicant's and/or administrator's track
record. Please provide the chart and/or certification format provided
in the application kit;
(D) Signed certifications and assurances referenced in this NOFA.
(E) Signed memorandum of Understanding/Agreement; commitment
letters; and other required documentation of partnerships.
VII. Correction to Deficient Applications
After the application due date, HUD may not, consistent with 24 CFR
part 4, subpart B, consider unsolicited information from an applicant.
HUD may contact an applicant, however, to clarify an item in the
application or to correct technical deficiencies.
Applicants should note, however, that HUD may not seek
clarification of items or responses that improve the substantive
quality of the applicant's response to any eligibility or selection
criterion. Examples of curable technical deficiencies include failure
to submit the proper certifications or failure to submit an application
containing an original signature by an authorized official. In each
case, HUD will notify the applicant in writing by describing the
clarification or technical deficiency. HUD will notify applicants by
facsimile or by return receipt requested.
Applicants must submit clarifications or corrections of technical
deficiencies in accordance with information provided by HUD within 14
calendar days of the date of receipt of the HUD notification. If the
deficiency is not corrected within this time period, HUD will reject
the application as incomplete.
VIII. Findings and Certifications
(A) Paperwork Reduction Act Statement. The information collection
requirements contained in this NOFA have been approved by the Office of
Management and Budget under OMB Approval No. 2577-0211. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
(B) Environmental Impact. This NOFA does not direct, provide for
assistance or loan and mortgage insurance for, or otherwise govern or
regulate property acquisition, disposition, lease, rehabilitation,
alteration, demolition, or new construction, or set out or provide for
standards for construction materials, manufactured housing, or
occupancy. Accordingly, under 24 CFR 50.19(c)(1), this NOFA is
categorically excluded from environmental review under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321).
(C) Federalism, Executive Order 12612. The General Counsel, as the
Designated Official under section 6(a) of Executive Order 12612,
Federalism, has determined that the policies contained in this NOFA
will not have substantial direct effects on States or their political
subdivisions, or on the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Specifically, the NOFA solicits
applicants to help eligible families make the transition from welfare
to work, and does not impinge upon the relationships between the
Federal government and State and local governments. As a result, the
NOFA is not subject to review under the Order.
(D) Prohibition Against Lobbying Activities. You, the applicant,
are subject to the provisions of section 319 of the Department of
Interior and Related Agencies Appropriation Act for Fiscal Year 1991,
31 U.S.C. 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. You
are required to certify, using the certification found at Appendix A to
24 CFR part 87, that they will not, and have not, used appropriated
funds for any prohibited lobbying activities. In addition, you must
disclose, using Standard Form-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, and congressional staff regarding specific grants or
contracts. Tribes and tribally designated housing entities (THDEs)
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 tribes and TDHEs established under State law are not
excluded from the statute's coverage.)
(E) Section 102 of the HUD Reform Act; Documentation and Public
Access Requirements. Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and
the regulations codified in 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 (57 FR 1942), HUD published a notice that
also provides information on the implementation of section 102. The
documentation, public access, and disclosure requirements of section
102 apply to assistance awarded under this NOFA as follows:
(1) Documentation and public access requirements. HUD will ensure
that documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a 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 in 24 CFR part 15.
(2) Disclosures. HUD will make available to the public for 5 years
all applicant disclosure reports (Form HUD-2880) submitted in
connection with this NOFA. Update reports (also Form HUD-2880) will be
made available along with the applicant disclosure reports, but in no
case for a period 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 at 24 CFR part 5.
(3) Publication of Recipients of HUD Funding. HUD's regulations at
24 CFR 4.7 provide that HUD will publish a notice in the Federal
Register on at least a quarterly basis to notify the public of all
decisions made by the Department to provide:
(i) Assistance subject to section 102(a) of the HUD Reform Act; or
(ii) Assistance that is provided through grants or cooperative
agreements on a discretionary (non-formula, non-demand) basis, but that
is not provided on the basis of a competition.
(F) Section 103 HUD Reform Act. HUD's regulations implementing
section 103 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3537a), codified in 24 CFR part 4, 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 limited by the regulations from providing advance
information to any person (other than an authorized employee of HUD)
[[Page 12037]]
concerning funding decisions, or from otherwise giving any applicant an
unfair competitive advantage. Persons who apply for assistance in this
competition should confine their inquiries to the subject areas
permitted under 24 CFR part 4.
Applicants 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.) For HUD employees who have specific program
questions, the employee should contact the appropriate field office
counsel, or Headquarters counsel for the program to which the question
pertains.
(G) Catalog of Federal Domestic Assistance Numbers. The Catalog of
Federal Domestic Assistance number for this program is 14.863.
IX. Authority
The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997 (Pub. L.
104-204, 110 Stat. 2874, at 2887, approved September 26, 1996) and the
Departments of Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1998 (Pub. L. 105-65, 111
Stat. 1344, at 1356, approved October 27, 1997).
Dated: March 4, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-5860 Filed 3-9-99; 8:45 am]
BILLING CODE 4210-33-P
