[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Pages 8442-8447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4680]
[[Page 8441]]
_______________________________________________________________________
Part VI
Department of Housing and Urban Development
_______________________________________________________________________
Office of Assistant Secretary for Community Planning and Development
_______________________________________________________________________
Notice of Funding Availability; Youthbuild Program--Fiscal Year 1996;
Notice
Federal Register / Vol. 61, No. 43 / Monday, March 4, 1996 / Notices
[[Page 8442]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Assistant Secretary for Community Planning and Development
[Docket No. FR-4005-N-01]
Notice of Funding Availability Youthbuild Program--Fiscal Year
1996
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of Funding Availability for the FY 1996 Youthbuild
Competition.
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SUMMARY: This Notice of Funds Availability (NOFA) announces the
expected availability of up to $37.5 million of Fiscal Year 1996
program funds for grant assistance under the Youthbuild Program
established by the Housing and Community Development Act of 1992. These
funds will be awarded competitively. Only implementation grants will be
funded. The body of this NOFA contains information on the following:
the purpose of the NOFA, information regarding eligibility, available
funding, the application process and selection criteria.
The Congress has not yet enacted a FY 1996 appropriations for HUD.
However, HUD is publishing this notice in order to give potential
applicants adequate time to prepare applications. The amount of funds
announced in this NOFA is an estimate of the amount that may be enacted
in 1996. HUD is not bound by the estimate set forth in this notice. The
estimated amount may be adjusted downward based on the enacted 1996
appropriation.
APPLICATION SUBMISSION: An original and one copy of the completed
application for grant funds must be received in HUD Headquarters prior
to 12 midnight EST on May 6, 1996. Applicants may include another copy
of their application on 3.5'' computer diskettte. 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 7255, Washington, DC 20410.
ATTN: Youthbuild. At close of business on the deadline date,
applications will be received at either room 7255 or the South Lobby of
the Department of Housing and Urban Development at the above address.
Applications which are mailed prior to May 6, 1996, but not
received until after the deadline will be deemed to have been received
by the date if postmarked by the United States Postal Service by no
later than May 3, 1996. Express delivery items received after May 6,
1996 will be deemed to have been received by the deadline upon
submission of documentary evidence that they were placed in transit
with the express delivery service by no later than May 5, 1996.
Applications may not be submitted by facsimile (FAX).
FOR A COPY OF THE APPLICATION PACKAGE, CONTACT: Requests for
application packages, including an instructional video, for the current
competition can be made by calling Community Connections at 1-800-998-
9999 or through the internet at gopher://amcom.aspensys.com:75/11/
funding. You may also contact the HUD Processing and Control Unit,
Office of Community Planning and Development, U. S. Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 7255,
Washington, DC 20410. Requests for application packages may be faxed to
HUD at (202) 708-3363. (This is not a toll-free number.) Requests for
application packages must refer to ``Youthbuild'' document FR-4005-N-
01. The Youthbuild application package contains appropriate
instructions, forms and required certifications for completing a grant
request. Requests for Youthbuild application packages for the current
competition should be made immediately.
FOR FURTHER INFORMATION CONTACT: All procedural and substantive
questions should be directed to the Office of Economic Development,
Department of Housing and Urban Development, Room 7136, 451 Seventh
Street SW., Washington DC 20410; telephone (202) 708-2035 or TDD (202)
708-1455 for the hearing impaired. These are not toll-free numbers.
SUPPLEMENTARY INFORMATION: The information collection requirements
contained in this Notice have been approved under the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501-3520) by the Office of Management
and Budget (OMB), and have been assigned OMB control number 2506-0142,
expiration date August 31, 1996.
I. Program Purpose
The purposes of the Youthbuild program are (1) to provide
economically disadvantaged young adults with opportunities to obtain
education, employment skills and meaningful on-site work experience as
a service to their communities and a means to achieve self-sufficiency;
(2) to foster the development of leadership skills and commitment to
community; and (3) to expand the supply of permanent affordable housing
for homeless and low- and very low-income persons by providing planning
grants for program design and implementation grants for carrying out a
Youthbuild Program.
A. Authority
The Youthbuild program is authorized under subtitle D of title IV
of the National Affordable Housing Act (42 U.S.C. 8011) (the Act), as
added by section 164 of the Housing and Community Development Act of
1992 (Pub. L. 102-550). Implementing regulations are found in the Final
Rule published in the Federal Register dated February 21, 1995 and in
CFR 24 part 585.
B. Funding Availability
This Notice announces the availability of approximately $37.5
million in program funds. Five percent of the funds may be set aside
for emergency purposes. In addition, $1.87 million (five percent of the
appropriation) is planned for technical assistance consistent with
section 458(d) of the Act.
The Congress has not yet enacted a FY 1996 appropriations for HUD.
However, HUD is publishing this notice in order to give potential
applicants adequate time to prepare applications. The amount of funds
announced in this NOFA is an estimate of the amount that may be enacted
in 1996. HUD is not bound by the estimate set forth in this notice. The
estimated amount may be adjusted downward based on the enacted 1996
appropriation.
C. Objectives
The Youthbuild program is designed to help disadvantaged young
adults who have dropped out of high school to 1) obtain the education
and employment skills necessary to achieve economic self-sufficiency
and 2) develop leadership skills and a commitment to community
development in low-income communities. Grant funds can be used to fund
eligible educational and support services and activities, as defined by
the Act, composed of basic skills instruction and remedial education,
employment skills and leadership development, and counseling and other
support services.
Another important objective of the Youthbuild program is to expand
the supply of permanent affordable housing for homeless persons and
members of low- and very low-income families. Providing disadvantaged
young adults with meaningful on-site training experiences in housing
construction and rehabilitation enables them to provide a service to
their communities by helping
[[Page 8443]]
to meet the housing needs of homeless and low-income families.
An additional purpose of the program is to give, to the greatest
extent feasible, and consistent with existing Federal, State, and local
laws and regulations, job training, employment, contracting and other
economic opportunities to low-income persons and business concerns. To
that purpose, section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u) is applicable to Youthbuild implementation grant
recipients.
II. Overview of Youthbuild Implementation Grants
HUD will award Youthbuild implementation grants to eligible
applicants for the purpose of carrying out Youthbuild programs in
accordance with subtitle D of title IV of the National Affordable
Housing Act (NAHA). Applications will be selected in a competition in
accordance with the grant selection process described in section V.
below.
B. Maximum Awards
Under the competitions established by this NOFA, the maximum award
for a Youthbuild implementation grant is $700,000. HUD reserves the
right to determine the maximum or minimum of any Youthbuild award per
application, project, program or budget line item. No amendments will
be made to awards under this competition that will increase previously
approved grant amounts.
C. Locational Considerations
Each application for an implementation grant may only include
activities to carry out one Youthbuild program, i.e., to start a new
Youthbuild program or to fund new classes of Youthbuild participants
for an existing program. The same applicant organization may submit
more than one application in the current competition if the proposed
program's participant recruitment and housing areas are in different
jurisdictions. HUD will not approve multiple applications for
implementation grants in the same jurisdiction unless HUD determines
that the jurisdiction is sufficiently large to justify approval of more
than one application.
D. Eligible Applicants
Eligible applicants are public or private nonprofit agencies, state
or local housing agencies or authorities, state or local units of
general local government, Indian tribes or any other entity eligible to
provide education and employment training under other Federal
employment training programs, as further defined in 24 CFR 585.4.
E. Youthbuild Program Components
Youthbuild programs receiving assistance under this NOFA must
contain the three components described in items (1), (2) and (4) below.
Other activities described in item (3) are optional.
(1) Educational and job training services.
(2) Leadership training, counseling and other support activities.
(3) Special activities such as entrepreneurial training, drivers'
education, internships, programs for those with learning disabilities,
and in-house staff training. (Optional)
(4) On-site training through actual housing rehabilitation and/or
construction work. Each program must be structured so that 50 percent
of each participant's time is spent in on-site training.
Refer to 24 CFR 585.3 for a detailed description of program
components.
F. Eligible Participants
Participants in a Youthbuild program must be very low-income high
school dropouts between the ages of 16 and 24, inclusive, at the time
of enrollment. Up to 25 percent of participants may be above very low-
income or high school graduates (or equivalent), but must have
educational needs that justify their participation in the program.
G. Eligible Activities
Activities used to conduct a Youthbuild implementation program may
include:
(a) Work and activities associated with the acquisition,
rehabilitation, or construction of the housing and related facilities
to be used in the program;
(b) Relocation payments and other assistance required to comply
with 24 CFR 585.308;
(c) Costs for the ongoing training and technical assistance needs
of the applicant that are related to carrying out a Youthbuild program;
(d) Education, job training, counseling, employment and leadership
development services and activities;
(e) Wages, benefits and need-based stipends for participants; and
(f) Administrative costs. Youthbuild funds for these costs may not
exceed 15 percent of the total amount of Youthbuild assistance.
Refer to 24 CFR 585.305 for further details on eligible
implementation activities.
H. Resources From Other Federal, State, Local or Private Entities
Applicants are encouraged to use existing housing and homeless
assistance programs administered by HUD or other Federal, State, local
or private housing programs as part of their Youthbuild programs. Use
of other Federal, State, local or private funds available for
vocational, adult and bilingual education programs or for job training
under the JTPA Act and the Family Support Act of 1988 is also
encouraged. The selection process described in this NOFA provides for
applicants to receive points where grant applications contain
commitments from Federal, State, local, or private sources to provide
resources to carry out Youthbuild activities.
I. Environmental Procedures and Standards
Applicants are encouraged to select hazard-free and problem-free
properties for their Youthbuild projects. Environmental procedures
apply to HUD approval of implementation grants when the applicant
proposes to use Youthbuild funds to cover any costs for the lease,
acquisition, rehabilitation, or new construction of real property
proposed for housing project development. Environmental procedures do
not apply to HUD approval of implementation applications when
applicants propose to use their Youthbuild funds solely to cover any
costs for classroom and/or on-the-job construction training and support
services.
For those applicants that propose to use their Youthbuild funds to
cover any costs of the lease, acquisition, rehabilitation, or new
construction of real property, the applicant shall submit all relevant
environmental information in its application to support HUD decision-
making in accordance with the environmental procedures and standards
set forth in 24 CFR 585.307.
J. Grant Period
Funds awarded for an implementation grant should be used within 30
months of the effective date of the implementation grant agreement.
III. Selection Criteria for Youthbuild Applications
HUD will review each application and assign points in accordance
with the selection criteria described in this section. Each application
will be assigned up to 100 points. In addition, applications may
receive up to 5 bonus points for AmeriCorps participation (see section
F below), and 10 housing priority points (see section G below).
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A. Capability
The qualifications and experience of the applicant and
participating parties. (Maximum Points: 25) The capability of the
applicant and participating parties to implement a successful young
adult education and training program within a reasonable time period
and in an a cost-effective manner as demonstrated through past
performance. In assigning points for this criterion, HUD will consider
evidence in the application that demonstrates:
(a) Experience in implementing a comprehensive, integrated, multi-
disciplinary program with the following components:
(1) Young adult education and training programs, including programs
for low-income persons from economically distressed neighborhoods.
(2) Young adult leadership development training and activities for
young adults.
(3) Young adult on-site training in housing construction or
rehabilitation for the production of sound and affordable housing for
the homeless and low-income families.
(b) The extent to which the applicant has been successful in past
education, training and employment programs and activities.
(c) The extent to which the applicant has demonstrated past ability
to leverage other resources to cover administrative, educational and
training costs and has demonstrated ability to implemented creative and
innovative cost-saving measures.
(d) The extent of prior program quality and cost-effectiveness.
B. Need
The need for the proposed program, as determined by the degree of
distress of the community. (Maximum Points: 20) In assigning points for
this criterion, HUD will consider the relative degree of distress of
the jurisdiction(s) from which participants will be recruited and in
which the housing will be constructed or rehabilitated. HUD will
calculate the degree of need of the jurisdiction(s) in which the
program will be located from generally available data. In addition, HUD
will consider information provided by the applicant on the distress of
target areas within the jurisdiction(s).
C. Program Quality and Feasibility
Comprehensiveness and effectiveness of the proposed Youthbuild
program. (Maximum Points: 35) HUD will consider the overall quality and
feasibility of the proposed program as measured by the principles and
goals of the proposed program, whether proposed program activities meet
the overall objectives of the Youthbuild program, whether the proposed
program activities will be accomplished within a reasonable time and in
a cost effective manner, whether the proposed program activities are
comprehensive and integrated, and the potential success of the proposed
program. Areas to be considered in the evaluation of the overall
quality of the proposed program are:
(1) Outreach, recruitment and selection activities: A description
of the proposed (a) outreach, recruitment (including specific steps to
be taken to attract potential eligible participants who are unlikely to
be aware of this program because of race, ethnicity, sex, or
disability) and selection strategies; (b) special outreach efforts to
recruit eligible young women and young women with dependent children;
and (c) recruitment arrangements made with public agencies, courts,
homeless shelters, local school systems, community-based organizations,
etc.;
(2) Educational and job training services and activities: A
description of the educational component of the program, including: (a)
the types of instructional services to be provided; (b) the number and
qualifications of program instructors and ratio of instructors to
participants; (c) realistic scheduling plan for classroom and on-the-
job training; and (d) reasonable payments of participant wages,
stipends, and incentives.
(3) Leadership development and support services: A description of
the leadership development, counseling, and referral services to be
offered to participants, including: (a) leadership development
strategies and activities and plans to build group cohesion and peer
support; and (b) the type of counseling and support services and/or
need-based stipends to be provided.
(4) Coordination and Cost-efficiency: A description of how the
Youthbuild program will benefit the maximum number of young adults by
making use of other public and private resources, programs, services
and facilities to sufficiently reduce the cost burden to the Youthbuild
program in the following areas: (a) educational, job training, child
care, social services, counseling and referral services; (b) on-site
housing construction/rehabilitation training; (c) homeless and housing
programs; (d) apprenticeship programs of local building trade unions;
and (e) administrative, overhead and salary costs.
(5) On-site training: A description of (a) the housing construction
or rehabilitation activities to be undertaken by participants at the
site(s) to be used for the on-site training component of the program,
(b) the qualifications and number of on-site supervisors; and (c) the
amounts, reasonable wages and/or stipends to be paid to participants
during on-site work.
(6) Job placement assistance: A description of the applicant's
strategies and procedures for (a) participant placement in meaningful
employment, enrollment in post-secondary education programs, job
development, starting business enterprises, or other opportunities
leading to economic independence; and (b) follow-up assistance and
support activities to program graduates.
(7) Program evaluation: A description of a comprehensive evaluation
plan that is designed to measure the success of the program.
(8) Innovativeness and creativity.
D. Program Resources
Commitment of resources obtained from other Federal, State, local
and private sources. (Maximum Points: 10) In assigning points for this
criterion, HUD will consider the level of non-housing resources
obtained for cash or in-kind contributions to cover the following kinds
of areas:
(1) Social services (i.e, counseling and training);
(2) Use of existing vocational, adult, bilingual educational
courses;
(3) Donation of labor, resource personnel, supplies, materials,
classroom and/or meeting space;
(4) other commitments.
E. Empowerment Zone/Enterprise Community
Up to 10 points will be assigned if the proposed Youthbuild
program's participant recruitment and/or housing areas are, in whole or
in part, in a Federally designated urban or rural Empowerment Zone,
Enterprise Community, or Supplemental Empowerment Zone, as selected by
HUD. Application must receive a combined score of at least 50 points
for selection criteria (A), (B) and (C) under Section III in order be
eligible for Empowerment Zone/Enterprise Community points.
F. AmeriCorps Participation Bonus
Up to 5 points may be assigned to Youthbuild applicants who provide
evidence of application and/or selection as an AmeriCorps program
sponsor. Application must receive a combined score of at least 50
points for selection criteria (A), (B) and (C) under Section III
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in order be eligible for Empowerment Zone/Enterprise Community points.
G. Housing Program Priority Points
Ten (10) priority points will be assigned to all applications that
contain evidence of housing resources from other Federal, State, local
or private sources are available to cover the costs, in full, for the
following housing activities for the proposed Youthbuild program:
acquisition, architectural and engineering fees, construction, and
rehabilitation. Implementation applications proposing to use Youthbuild
grant funds, in whole or in part, for any one of the housing activities
listed above will not be entitled to the ten priority points. Housing
resources will not be used in evaluation of program resources
criterion.
IV. Application Requirements
Applicants must complete and submit applications for Youthbuild
grants in accordance with instructions contained in the FY 1996
Youthbuild application package. The application package will request
information in sufficient detail for HUD to determine whether the
proposed activities are feasible and meet all the requirements of
applicable statutes and regulations. The application package requires a
description of the applicant's and participating parties' experiences
in young adult and housing programs, a description of the proposed
Youthbuild program, a description of other public and private resources
to be used for the program, including other housing resources, a
schedule for the program, budgets, identification of housing sites(s),
and demonstration of site access. The application package also contains
certifications that the applicant will comply with fair housing and
civil rights requirements, program regulations, regulations in 24 CFR
part 135 with regard to economic opportunities for low-income persons
and business concerns, and other Federal requirements. Applicants must
also certify that the proposed activities are consistent with the HUD-
approved Consolidated Plan in accordance with 24 CFR part 91.
Applicants should refer to the Youthbuild application package for
further instructions.
V. Selection process
In order to afford applicants every opportunity to submit a ratable
application, while at the same time ensuring the fairness and integrity
of the selection process, HUD is adopting the following application
submission and selection procedures:
A. Initial Screening
During the period immediately following the application deadline,
HUD will screen each application to determine eligibility. Applications
will be rejected if they (1) Are submitted by ineligible applicants,
(2) do not use the current FY 96 application package, (3) propose a
program for which significant activities are ineligible, (4) there are
any outstanding findings of noncompliance with civil rights statutes,
Executive Orders, or regulations, as a result of formal administrative
proceedings, or the Secretary has issued a charge against the applicant
under the Fair Housing Act, unless the applicant is operating under a
conciliation or compliance agreement designed to correct the areas of
noncompliance, and (5) are submitted by applicants that have major
unresolved audit or monitoring findings.
B. Rating and Ranking
Each eligible application will be rated based upon the criteria
described in section III of this NOFA, with a maximum of 115 points
assigned. Using the scores assigned, the applications will be placed in
rank order. Applications will be preliminarily selected for funding in
accordance with their rank order. To promote geographic diversity, HUD
reserves the right to select lower-rated applications if necessary or
to limit the amount or number of awards per application, project,
program, jurisdiction or State.
If two or more applications have the same score and there are
insufficient funds to fund all of them, the application(s) with the
highest score for the Program Quality and Feasibility criterion shall
be selected for funding. If a tie still remains, the application(s)
with the highest score for the Capability criterion shall be selected.
In the event of a procedural error that, when corrected, would result
in selection of an otherwise eligible applicant during the funding
round under this NOFA, HUD may select that application when sufficient
funds become available.
C. Clarification of Application Information
In accordance with the provisions of 24 CFR part 4, subpart B, HUD
may contact an applicant to seek clarification of an item in the
application, or to request additional or missing information, but the
clarification or the request for additional or missing information
shall not relate to items that would improve the substantive quality of
the application pertinent to the funding decision. For the Youthbuild
program, these clarification items include, but are not limited to: (a)
missing or unsigned program certifications; (b) budget errors or
inconsistencies; (c) failure to identify the address or equivalent
property site identification for the housing project(s) to be used for
the on-site training; (d) incomplete documentation to show that the
applicant has obtained access to the housing site(s) if the applicant
does not own it; (e) failure to structure the proposed program so that
fifty percent of the time spent by program participants is devoted to
educational and support services and activities and fifty percent to
on-site training; (f) failure to target the outreach and recruitment
efforts to disadvantaged young adults between the ages of 16 and 24
years old; and (g) failure to designate the housing to be produced in
conjunction with the program for the use of the homeless and low- and
very low-income families. If an applicant fails to provide the
clarification as requested, the application may be rejected.
D. Potential Environmental Disqualification
HUD reserves the right to disqualify an implementation application
where one or more environmental thresholds are exceeded if it is
determined that the environmental review cannot be conducted and
satisfactorily completed by HUD within the HUD review period. (See 24
CFR 585.307.)
E. Reduction in Requested Grant Amount
As provided in Section B above, HUD may approve an application for
an amount lower than the amount requested by the applicant. In
addition, HUD will adjust line items in the proposed grant budget
within the amount requested if it determines that:
(1) The amount requested for one or more eligible activities is not
supported in the application or is unreasonably related to the service
or activity to be carried out;
(2) An activity proposed for funding does not qualify as an
eligible activity and can be separated in the budget;
(3) The amount requested exceeds the total cost limitation
established for an implementation grant; or
(4) Insufficient funds remain for the entire request.
F. Notification of Approval or Disapproval
HUD will notify the selected applicants and the applicants that
have not been selected. HUD's notification to a selected applicant of
the amount of the
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grant award, based on the approved application, will constitute a
preliminary approval by HUD, subject to HUD and recipient execution of
the grant agreement to initiate program activities.
VI. Other Matters
A. Environmental Impact.
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332). The Finding is available for public
inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of
the Rules Docket Clerk, Office of the General Counsel, Department of
Housing and Urban Development, Room 10276, 451 Seventh Street, SW,
Washington, DC 20410.
B. Family Executive Order
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that some of the policies
contained in this NOFA will have a potential significant impact on the
formation, maintenance, and general well-being of the family. The
expected expansion of the housing supply for homeless and low- and very
low-income persons and the provision of opportunities to economically
disadvantaged young adults to enhance their education and employment
skills will provide a positive impact on the family maintenance and
general well-being. However, since the impact on the family is
beneficial and the program involves very little HUD discretion, no
further review is necessary.
C. Federalism Executive Order
The General Counsel, as the Designated Official under section 6(a)
of the Executive Order 12612, Federalism, has determined that the
policies contained in this NOFA do not have ``Federalism'' implications
because they do not have substantial direct effects on the States
(including their political subdivisions), or on the distribution of
power and responsibilities among the various levels of government.
D. Section 102 of the HUD Reform Act--Accountability in the Provision
of HUD Assistance
1. Documentation and Public Access
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 five year period beginning not less than thirty
days after the award for 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 part 12, subpart 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 (form HUD-2880) submitted in connection with this
NOFA. Update reports (also form HUD-2880) will be made available along
with the applicants disclosure reports, but in no case for a period of
less than three years. All reports--both applicant disclosures and
updates--will be made available in accordance with the Freedom of
Information Act (95 U.S.C. 552) and HUD's implementing regulations at
24 CFR part 15. (See 24 CFR part 12, subpart C, and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942) for
further information on disclosure requirements.)
E. Section 103 of the HUD Reform Act--Prohibition of Advance
Disclosures of Funding Decisions
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989, codified as 24 CFR
part 4, applies to the funding competition announced today. The
requirements of the rule 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 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 under 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 particular subject matter can be discussed with persons
outside HUD, the employee should contact the appropriate Regional or
Field Office Counsel, or Headquarters counsel for the program to which
the question pertains.
F. Prohibition Against Lobbying Activities
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) 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 and 7 CFR part 1944, Subpart
G, 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.
Indian Housing Authorities (IHAs) established by an Indian tribe as
a result of the exercise of the tribe's sovereign power are excluded
from coverage of the Byrd Amendment, but IHAs established under State
law are not excluded from the statute's coverage.
Required Reporting. A certification is required at the time
application for funds is made that Federally appropriated funds are not
being or have not been used in violation of section 319 and the
disclosure will be made of payments for lobbying with other than
federally appropriated funds. Also, there is a standard disclosure
form, SF-LLL, ``Disclosure Form to Report Lobbying'', which must be use
to disclose lobbying with other than Federally appropriated funds at
the time of application.
G. Drug-Free Workplace
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701) requires
grantees of Federal agencies to certify that they will provide drug-
free workplaces. Each potential recipient under this NOFA must certify
that it will comply with the drug-free workplace requirements of the
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Drug-Free Workplace Act of 1988 and HUD's implementing regulations at
24 CFR part 24, subpart F.
H. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program title and number
is 14.243.
Authority: 42 U.S.C. 8011; Pub.L. 102-550.
Dated: January 6, 1996.
Andrew Cuomo,
Assistant Secretary for Community Planning and Development.
[FR Doc. 96-4680 Filed 3-1-96; 8:45 am]
BILLING CODE 4210-29-P