[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Pages 13950-13954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7490]
[[Page 13949]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of Community Planning and Development; Fiscal Year 1995 Funding
Availability for the Early Childhood Development Program; Notice
Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 /
Notices
[[Page 13950]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3961-N-01]
Office of Community Planning and Development; Fiscal Year 1995
Notice of Funding Availability for the Early Childhood Development
Program
AGENCY: Office of Community Planning and Development, HUD.
ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY)
1995.
-----------------------------------------------------------------------
SUMMARY: This NOFA announces the availability of $21 million to assist
non-profit organizations in providing early childhood development
services for lower-income families who reside in public housing, and
for homeless families or those at risk of becoming homeless. In keeping
with the Clinton Administration's commitment to create communities of
opportunity by providing a coordinated package of programs to highly
distressed areas, this competition is limited to non-profit
organizations that will provide early childhood development services in
or near public housing located in urban and rural Federally-designated
Empowerment Zones and Enterprise Communities (EZ/ECs). Funded programs
will be linked to and build upon the self-sufficiency activities
outlined in EZ/EC communities' strategic plans.
DATES: An original and three copies of the completed application for
grant funds must be received in HUD Headquarters prior to 5 p.m.
Eastern Time on June 26, 1996.
ADDRESSES: Applications will be accepted at the following address:
Processing and Control Unit, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW, Room 7251, Washington, DC 20410. ATTN: Childhood
Development Program. By 5 p.m. Eastern Time on the deadline date
applications will be received at either room 7251 or the South Lobby of
the Department of Housing and Urban Development at the above address.
Late applications will be deemed to have been received by the
deadline date if postmarked by the United States Postal Service no
later than three days prior to the deadline date. Late express delivery
items will be deemed to have been received by the deadline date upon
submission of documentary evidence that they were placed in transit
with the express delivery service no later than the day before the
deadline.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Butler, Office of
Economic Development, Office of Community Planning and Development,
Department of Housing and Urban Development, Room 7134, 451 Seventh
Street, SW, Washington, DC 20410, fax (202) 708-7543. A
telecommunications device for hearing or speech impaired persons (TTY)
is available at 1-800-877-8339 (Federal Information Relay Service TTY).
(Except for the ``800'' number, these are not toll-free telephone
numbers.)
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget (OMB) for
review under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless the
collection displays a valid control number. The OMB control number,
when assigned, will be announced in the Federal Register.
II. Purpose and Substantive Description
(a) Background
This announcement solicits applications from nonprofit
organizations serving Federally-designated urban and rural Enterprise
Zones/Empowerment Communities (EZ/ECs). To ensure that grants are
provided to the largest number of nonprofit organizations practicable,
all applicants are limited to $500,000 per project. The average award
per project is expected to be approximately $200,000. These funds are
intended to establish childhood development services to facilitate the
employability of the parents or guardians of children who are residing
in public housing, and to provide early childhood development services
to families who are homeless or at risk of becoming homeless.
(b) Program Purpose
This program is designed to determine the extent to which the
availability of early childhood development services in or near lower-
income housing projects facilitates the employability of the parents or
guardians of children who are residing in public housing, and to
provide early childhood development services in or near lower-income
housing projects to families who are homeless or at risk of becoming
homeless. These funds may be used for the operating expenses and/or for
minor renovations of child care facilities located in or near public
housing developments.
All of these funds will be awarded through a competitive process to
nonprofit agencies establishing or expanding child care services in
Federally-designated urban and rural EZ/ECs. Any grants awarded must be
expended for their appropriate activities within eighteen (18) months
of the date of award. This announcement anticipates that a likely use
of the grant funds will be to create child care facilities in or near
public housing developments or to develop ``wrap-around'' child care
services in or near housing developments currently offering programs.
Wrap-around child care services means added hours and days of
service will be provided to allow parents the opportunity to retain,
train for or seek employment. Proposed wrap-around services must be
substantially different from services already provided. Funds from
grants awarded under this announcement may only be used to finance the
additional hours or days of services.
To the extent the program is designed to serve children who are
homeless or at risk of becoming homeless, the services should be
coordinated with the community's Continuum of Care system or approach
for assisting homeless persons and preventing homelessness.
(c) Definitions
(1) A person at risk of becoming homeless means an individual or
family who is precariously housed and lacks the resources and support
network needed for stable housing.
(2) Continuum of Care means a system or approach designed to assist
homeless families and individuals and prevent homelessness, involving a
community process for coordinating resources and consisting of four
basic components:
(i) A system of outreach and assessment for determining the needs
and conditions of an individual or family who is homeless, or whether
assistance is necessary to prevent an individual from becoming
homeless;
(ii) Emergency shelters with appropriate supportive services to
help ensure that homeless individuals and families receive adequate
emergency shelter and referral to necessary service providers or
housing finders;
(iii) Transitional housing with appropriate supportive services to
help those homeless individuals and families who are not prepared to
make the transition to permanent housing and independent living; and
[[Page 13951]]
(iv) Permanent housing, or permanent supportive housing, to help
meet the long-term needs of homeless individuals and families.
(3) Empowerment Zone/Enterprise Community (EZ/EC) means an urban or
rural area so designated by the Secretary of HUD or the Secretary of
Agriculture pursuant to sections 1391-1393 of the Omnibus Budget
Reconciliation Act of 1993. For purposes of this NOFA, this term shall
include Supplemental Empowerment Zones and Enhanced Enterprise
Communities, as defined below.
(4) Supplemental Empowerment Zone/Enhanced Enterprise Community
(SEZ/EEC) means an urban area which was designated by the Secretary of
HUD as either a Supplemental Empowerment Zone (SEZ) or an Enhanced
Enterprise Community (EEC) and announced as such in the Notice of
Designation printed in the Federal Register on February 23, 1995 (60 FR
10018).
(5) Full-day child care means provision of child care that permits
parents or guardians to work at full-time employment.
(6) Homeless family means:
(i) An individual or family who lacks a fixed, regular, and
adequate nighttime residence; and
(ii) An individual or family who has a primary nighttime residence
that is:
(A) A supervised publicly- or privately-operated shelter designed
to provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(B) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(C) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(7) Lower-income families has the meaning given such term in
section 3(b)(2) of the U.S. Housing Act of 1937.
(8) Lower-income or public housing has the meanings given such
terms in section 3(b)(1) of the U.S. Housing Act of 1937.
(9) Non-profit organization means an organization:
(i) That no part of the net earnings of which inures to the benefit
of any member, founder, contributor or individual;
(ii) That, in the case of a private nonprofit organization, has a
voluntary board;
(iii) That has an accounting system, or has designated a fiscal
agent in accordance with requirements established by the Secretary; and
(iv) That practices nondiscrimination in the provision of
assistance.
(10) Public Housing Agency has the meaning given such term in
section 3(b)(2) of the United States Housing Act of 1937.
(d) Available Funds
(1) This announcement solicits applications from non-profit
organizations that wish to apply for a portion of the $21 million in
grant funds that are available under HUD's Early Childhood Development
program. Up to 20 percent of available funds can be awarded to rural
EZ/ECs.
(2) The average award per project is expected to be approximately
$200,000. Individual grants awarded under this announcement shall not
exceed $500,000, in order to ensure that funds are provided to as large
a number of EZ/EC communities as possible. An EZ/EC cannot receive more
than $1 million. It should be noted that while an applicant may apply
for funds to establish or expand services for more than one project, no
single project will be funded for more than $500,000. The grants are
intended to cover operating expenses or one-time renovation costs and
will be funded for a period of eighteen (18) months. HUD reserves the
right to fund less than the full amount requested in any application.
(e) Eligible Applicants
Applicants must be non-profit organizations, whose service areas
include an EZ/EC, that wish to locate child care facilities in or near
public housing developments by:
(1) Establishing one or more full-day child care centers or family
day care homes, or
(2) Expanding current part-day centers for EZ/EC residents. Family-
based facilities may be in the homes of one or more residents of a
public housing development.
(f) Eligible Activities
Awarded funds may only be used for operating expenses and minor
renovations of facilities necessary for the provision of childhood
development services in or near public housing developments located in
EZ/ECS. Funds may not be used for new construction of a facility.
(1) Operating expenses include such expenses as planning and
development costs, administration, leasing and/or the purchase of
equipment and/or leasing vehicles, maintenance, minor or routine
repairs, security, utilities, furnishings, equipment and supplies
(including curriculum), insurance, and staff salaries.
(2) Minor renovations include the reconfiguration of space;
installation of bathrooms or kitchens; renovations necessary to achieve
compliance with physical accessibility standards for persons with
disabilities or required to meet State or local licensing and building
code standards; landscaping; painting; and lighting. Minor renovations
does not include the cost associated with lead-based paint abatement
since removal of lead-based paint is funded through another HUD
program.
III. Special Requirements
Interested applicants must adhere to the following requirements
when developing a proposal:
(a) The program should not propose to serve children of the same
ages as those currently being served by existing child care programs in
or near the targeted public housing development. This prohibition does
not apply to those applicants who propose to extend the hours of child
care services provided by a center already located in or near the
development.
(b) The appropriate public housing authority must agree to provide,
at nominal or no cost, suitable facilities to the grantee for provision
of full-day child care services.
(c) The full-day child care services program must serve pre-school
and school children to permit parents or guardians to obtain, retain or
train for employment.
(d) The full-day child care center must hire qualified staff who
have received appropriate training specific to age groups served to
carry out activities that support early childhood development.
(e) The full-day child care services program must involve the
parents of children benefiting from such program, to the extent
practicable, in the classroom.
(f) To the extent practicable, the full-day child care services
program must provide opportunities for the employment of residents from
the public housing development area, especially elderly residents.
(g) The full-day child care services and facilities must comply
with all applicable state and local laws, regulations and ordinances.
IV. Criteria for Review and Evaluation of the Grant Application
The following are the criteria for the review and evaluation of
grant applications which HUD will use in selecting grantees:
(a) Program Quality: comprehensiveness and effectiveness of
[[Page 13952]]
the proposed program. (Maximum: 25 points). The application should
describe:
(1) The process by which the full-day child care center or family
day care home will become operational within a reasonable period of
time. Applicants should include items such as a timetable covering the
projected beginning and ending dates of the minor renovations,
projected date by which staff will be hired, and projected date for
beginning operations.
(2) How families and children who are in need of full-day child
care services and who are residents of public housing or are homeless
or at risk of becoming homeless will be identified and recruited.
(3) The range of ages and number of children that will be cared
for, the adult/child ratios and group sizes by age, the operating hours
of the full-day child care, and the cost per child of providing
services.
(4) What measures will be taken to ensure the health and safety of
children and staff participating in the program.
(5) How quality full-day child care services will continue to be
provided at a reasonable cost at the end of the grant period, including
an adequate plan for monitoring the quality of programs and services.
(6) The consistency of care delivered to each child by a particular
caregiver or caregiver team.
(b) Capability: the qualifications, experience, or potential
capabilities of the applicant and participating parties (Maximum: 25
points). The application should describe:
(1) The ability and experience of applicant, co-applicants and/or
subcontractors to perform functions.
(2) The qualifications of proposed staff, such as a Child
Development Associate Credential or similar standard.
(c) Objectives: the extent to which the application reflects the
purpose of the program. (Maximum: 25 points). The application should
describe:
(1) The extent to which the child care services will serve and
assist the parents or guardians to seek, retain or train for
employment.
(2) The community benefit added by the service.
(3) The public housing development the services will be in or near,
including street address and the number of resident children in need of
proposed services.
(4) How opportunities for employment will be provided, to the
extent practicable, by the program to public housing development
residents.
(d) Coordination and Resources: partnerships formed with and
participation of the community stakeholders. (Maximum: 25 points). The
application should describe:
(1) How community stakeholders, including parents and the public
housing authority, have worked in partnership in preparing program
design and implementation.
(2) The extent to which the services will be coordinated with
current supportive services, such as Americorps' VISTA and Foster
Grandparent programs or similar initiatives.
(3) If the program will serve children who are homeless or at risk
of becoming homeless, how the services will be coordinated with the
community's Continuum of Care system or approach.
(4) Other resources; funds, staff, in-kind or other, committed to
support the proposed program, including letters of commitment.
(5) Assurances or firm commitments from community sources to
continue the project funding beyond the initial funding period.
(e) EZ/EC Performance: Progress made by the EZ/EC in the
implementation of its strategic plan and benchmark activities.
(Maximum: 15 points and two pages). Application should describe
achievements made in:
(1) Job creation and business expansion.
(2) Job training and retention.
(3) Advancing self-sufficiency.
(4) Human services delivery.
(5) Youth development.
(6) Other activities supportive of the purpose of this NOFA.
V. Application Process
(a) Nonprofit organizations seeking Childhood Development Program
assistance must make a specific request for that assistance, in
accordance with this NOFA.
(b) Timing of Submission. One original and three copies of
applications for assistance are due in HUD Headquarters on or before 5
p.m. Eastern Time on the deadline date. HUD will treat as ineligible
applications that are received after that deadline. Applications may
not be sent by facsimile (FAX).
(c) Other Submission Requirements. All pages of the application
shall be numbered sequentially. Applications of no more than 22 pages
should be submitted on 8.5'' x 11'' paper. In addition to the materials
requested in Section IV of this notice, the nonprofit organization
shall submit the following:
(1) SF-424, Application for Federal Assistance;
(2) The certification regarding lobbying required under 24 CFR part
87;
(3) Certification of a Drug-Free Workplace, in accordance with the
Drug-Free Workplace Act of 1988, and HUD's regulations at 24 CFR part
24, subpart F;
(4) A copy of the organization's IRS ruling providing tax-exempt
status under section 501(c) of the IRS Code of 1986, as amended;
(5) Line-item budget;
(6) A written certification stating the project will operate within
EZ/EC area; and
(7) A signed statement from the local PHA committing space and/or
renovation funds to the establishment/expansion of child care facility.
(d) Each grantee will be required to submit to HUD a progress
report, in a form prescribed by HUD, within 90 days after the
completion of the project. Each report shall describe the use of the
grant funds and include a description and an analysis of the project,
the approaches taken, and the level of cooperation among participating
parties.
VI. Technical Deficiencies
To the extent permitted by law, HUD may advise the applicant of
technical deficiencies in the applications and permit them to be
corrected. Due to the requirements of the HUD Reform Act, HUD staff is
limited in the assistance it is permitted to provide regarding
applications for grants. The assistance and advice that can be provided
includes such activities as explaining and responding to questions
about program requirements, identification of those parts of an
application that need substantive improvement, the dates by which
decisions will be made and procedures that are required to be performed
to process an application. This term, however, does not include
advising the applicant how to make those improvements.
In addition, any information published in the Federal Register and
in this NOFA and any information that has been made public through a
means other than the Federal Register or NOFA may be discussed.
VII. Other Matters
(a) Environmental Impact. A Finding of No Significant Impact with
respect to the environment has been made in accordance with HUD
regulation at 24 CFR part 50, implementing section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding
of No Significant Impact is available for public inspection and copying
between 7:30 am and 5:30 pm weekdays at the Office of the Rules
[[Page 13953]]
Docket Clerk, 451 7th St. SW Room 10276, Washington, DC 20410.
(b) Environmental Review. Any selected application containing
funding for minor renovations is subject to environmental review by HUD
and selection of such an application does not imply HUD approval of any
particular property for use in the project. HUD will complete an
environmental review with respect to particular properties, to the
extent required under 24 CFR part 50, prior to execution of the grant
agreement. The recipient may not commit HUD or other funds for minor
renovations until it receives HUD approval of the property. If an
application is funded only for operating expenses, environmental
approval by HUD is not required.
(c) Federalism. The General Counsel, as the Designated Official
under section 6(a) of Executive Order 12612, Federalism, has determined
that this NOFA will not have substantial, direct effects on States, on
their political subdivisions, or on their relationship with the Federal
Governments, or on the distribution of power and responsibilities
between them and other levels of governments.
(d) Family. The General Counsel, as the Designated Official for
Executive Order 12606, The Family, has determined that the policies
announced in the NOFA do not have the potential for significant impact
on family formation, maintenance and general well-being within the
meaning of the Order. No significant change in existing HUD policies
and programs will result from issuance of this NOFA, as those policies
and programs relate to family concerns.
(e) Prohibition Against Lobbying. The use of funds awarded under
this NOFA is subject to the disclosure requirements and prohibitions of
section 319 of the Department of Interior and Related Agencies
Appropriation Act for Fiscal Year 1990 (31 U.S.C. 1351) and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of Federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative Branches
of the Federal Government in connection with a specific contract,
grant, or loan. The prohibition also covers the awarding of contracts,
grants, cooperative agreements, or loans unless the recipient has made
an acceptable certification regarding lobbying. Under 24 CFR part 87,
applicants, recipients, and subrecipients of assistance exceeding
$100,000 must certify that no Federal funds have been or will be spent
on lobbying activities in connection with the assistance.
(f) Prohibition Against Advance Disclosure of Funding Decisions.
HUD's regulations implementing section 103 of the HUD Reform Act are
codified at 24 CFR part 4 and apply to the funding competition
announced today. The requirements of part 4 continue to apply until the
announcement of the selection of successful applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are restrained by part 4 from providing
advance information to any person (other than an authorized employee of
HUD) concerning funding decisions, or from otherwise giving any
applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted by 24 CFR part 4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions,
such as whether subject matter can be discussed with persons outside
HUD, the employee should contact the appropriate Field Office Counsel,
or Headquarters counsel for the program to which the question pertains.
(g) Accountability in the Provision of HUD Assistance. HUD's
regulation implementing section 102 of the HUD Reform Act is codified
at 24 CFR part 12. Section 102 contains a number of provisions that are
designed to ensure greater accountability and integrity in the
provision of certain types of assistance administered by HUD. On
January 16, 1992 (57 FR 1942), following publication of the final rule,
HUD published additional information that gave the public (including
applicants for, and recipients of, HUD assistance) further information
on the implementation, public access, and disclosure requirements of
section 102. The requirements of section 102 are applicable to
assistance awarded under this NOFA.
(1) Documentation and Public Access Requirements. HUD will ensure
documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a five-year period beginning not less than 30 days after the award
of the assistance. Material will be made available in accordance with
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis. (See 24 CFR 12.14 (a) and 12.6 (b), and the notice published in
the Federal Register on January 16, 1992 (57 FR 1942) for further
information on these requirements.)
(2) 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 of less than three years.
Authority: Section 222 of the Housing and Urban-Rural Recovery
Act of 1983 and the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Acts of
1994 and 1995 (P.L. 103-327 and P.L. 103-327, respectively).
Applicant Certifications
To be Signed By The Authorized Representative of the Applicant and
Submitted with the Application.
The Applicant hereby assures and certifies that:
A. It meets the criteria for eligible applications defined in the
Early Childhood Development NOFA and has the legal authority to apply
for Federal assistance and the institutional, managerial and financial
capability to ensure proper planning, management and completion of the
project described in this application and it shall comply with all
applicable Federal and state civil rights and housing laws and
implementing regulations as those requirements now exist, or as they
may be enacted, promulgated or amended from time to time.
B. It will comply with the requirements of the Fair Housing Act (42
U.S.C. 3601-19) and implementing 24 CFR Part 100, Part 109 and Part
110; Executive Order 11063, as amended (Equal Opportunity in Housing)
and implementing 24 CFR 107; Titles II and V of the Americans with
Disabilities Act, 42 U.S.C. Secs. 12101 et seq.; and Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in
Federally Assisted Programs) and implementing at 24 CFR Part 1, or, for
applicants which are Indian Tribes or Indian Housing Authorities, the
Indian Civil Rights Act (25 U.S.C. 1201 et seq.).
C. It will comply with the requirements of the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing 24 CFR 146, and
Section 504 of the Rehabilitation Act of 19973
[[Page 13954]]
(29 U.S.C. 794) and implementing 24 CFR 8.
D. It will comply with the requirements of Executive Order 11426,
as amended (Equal Employment Opportunity) and implementing 41 CFR Part
60 and the requirements of Executive Orders 11625, 12432, and 12138,
which state that recipients must make efforts to encourage the use of
minority-and women-owned business enterprises in connection with funded
activities.
E. It will comply with the requirements of Section 3 of the Housing
and Urban Development Act of 1968, (U.S.C. 1701u) (Employment
Opportunities for Lower Income Persons in Connection with Assisted
Projects); and Section 109 of the Housing and Community Development Act
of 1974, 42 U.S.C. 5309.
F. It will comply with the requirements of section 1352, Title 31,
U.S.C. and the implementing 24 CFR Part 87, and, if this application is
requesting more than $100,000, it certifies that:
(1) No Federally appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding or modification of
this grant.
(2) If any funds other than Federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence any person defined in (1) above in connection with this
Federal grant, the undersigned shall complete and submit Standard Form-
LLL, ``Disclosure form to Report Lobbying,'' in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants and contracts under this
grant) and that all subrecipients shall certify and disclose
accordingly.
Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and of not more
than $100,000 for each such failure. Indian Housing Authorities (IHAs)
established by an Indian tribe as a result of the exercise of its
sovereign power are excluded from coverage, but IHAs established under
state law are not excluded from coverage.
G. It and its principals: (1) are not presently debarred suspended,
proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions (see 24 CFR 24,.110) by any Federal
department or agency; (2) have not within a three-year period preceding
this proposal been convicted of or had a civil judgment rendered
against them for commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property; (3) are not presently indicated for or
otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with the commission of any of the offenses
enumerated in (2) above; and (4) have not within a three-year period
preceding this application had one or more public transactions
terminated for cause or default. Where the applicant is unable to
certify any of the statements in this certification, such applicant
shall attach an explanation behind this page.
----------------------------------------------------------------------
Signature of Authorized Certifying Official and Date
----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Organization
Certification Regarding Drug-Free Workplace Requirements
Instruction for Certification
1. By submitting this application, the applicant is providing
certification set out below.
2. The certification set out below is a material representation of
fact upon which reliance will be placed if HUD determines to award a
grant to the applicant. If it is later determined that the applicant
knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
Certification Regarding Drug-Free Workplace Requirements
A. The applicant certifies that it will provide drug-free workplace
by:
(a) publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) establishing an ongoing drug-free awareness program to inform
employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under the grant, the employee
will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for
the violation occurring in the workplace no later than five days after
such conviction:
(e) notifying HUD within ten days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction.
(f) taking one of the following actions, within 30 days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted:
(1) taking appropriate personnel action against such an employee,
up to an including termination; or
(2) requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State or local health, law enforcement or other
appropriate agency;
(g) making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a) through (f) above.
B. The applicant shall insert in the space provided below the
site(s) for the performance of work done in connection with the
specific grant.
----------------------------------------------------------------------
Place of Performance (street address, city, state and zip code)
----------------------------------------------------------------------
Signature of Authorized Certifying Official and Date
----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Organization
Dated: March 12, 1996.
Andrew Cuomo,
Assistant Secretary for Community Planning and Development.
[FR Doc. 96-7490 Filed 3-27-96; 8:45 am]
BILLING CODE 4210-29-P
