[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Notices]
[Pages 34562-34571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16753]
[[Page 34561]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
NOFA for Fair Housing Initiatives Program; FY 1997 Competitive
Solicitation; Notice
Federal Register / Vol. 62, No. 123 / Thursday, June 26, 1997 /
Notices
[[Page 34562]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4193-N-01]
NOFA for Fair Housing Initiatives Program; FY 1997 Competitive
Solicitation
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice of Funding Availability (NOFA).
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SUMMARY: This NOFA announces the availability of $15,000,000 of 1997
Fiscal Year (FY) funding for the Fair Housing Initiatives Program
(FHIP). This program assists projects and activities designed to
enforce and enhance compliance with the Fair Housing Act and
substantially equivalent State and local fair housing laws. HUD will
fund projects undertaken through the Private Enforcement Initiative
(PEI), Education and Outreach Initiative (EOI) and the Fair Housing
Organizations Initiative (FHOI). For this funding round, $1,350,000 is
reserved from the Fair Housing Organizations Initiative for
organizations that assist persons with disabilities to build the
capacity of such organizations to undertake fair housing enforcement
activities. Additionally, $500,000 is reserved from the Education and
Outreach Initiative's Regional, local and community-based component for
projects that propose to address community tensions that arise as
people expand their housing choices, and $150,000 is reserved under the
EOI national component for a fair housing site on the Internet.
In the body of this document is information concerning the
principal objectives of the NOFA, eligibility, available amounts,
selection criteria, how to apply for funding, how selections will be
made, and a checklist of application submission requirements.
DATES: An application kit for funding under this Notice will be
available following publication of the NOFA. The actual application due
date will be specified in the application kit. Applicants submitting an
application under the PEI will be given at least 50 days from today's
date, until August 15, 1997, to submit their applications. Applicants
submitting applications under the EOI and the FHOI will be given at
least 60 days from today's date, until August 25, 1997, to submit their
applications. Applications will be accepted if they are received on or
before the application due date, or are received within 7 days after
the application due date, but with a U.S. postmark or receipt from a
private commercial delivery service (such as, Federal Express or DHL)
that is dated on or before the application due date.
ADDRESSES: To obtain a copy of the application kit, please write the
Fair Housing Information Clearinghouse, P.O. Box 9146, McLean, VA
22102, or call the toll free number 1-800-343-3442 (voice) or 1-800-
290-1617 (TTY). Also please contact this number if information
concerning this NOFA is needed in an accessible format.
FOR FURTHER INFORMATION CONTACT: Aztec Jacobs, Office of Fair Housing
Initiatives and Voluntary Programs, Room 5234, 451 Seventh Street,
S.W., Washington, D.C. 20410-2000; telephone number (202) 708-0800
(this is not a toll free number). Persons who use a text telephone
(TTY) may call 1-800-290-1617.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this NOFA have
been approved by the Office of Management and Budget in accordance with
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned
OMB control number 2529-0033. 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.
Promoting Comprehensive Approaches to Housing and Community
Development
HUD is interested in promoting comprehensive, coordinated
approaches to housing and community development. Economic development,
community development, public housing revitalization, homeownership,
assisted housing for special needs populations, supportive services,
and welfare-to-work initiatives can work better if linked at the local
level. Toward this end, the Department in recent years has developed
the Consolidated Planning process designed to help communities
undertake such approaches.
In this spirit, it may be helpful for applicants under this NOFA to
be aware of other related HUD NOFAs that have recently been published
or are expected to be published in this fiscal year. By reviewing these
NOFAs with respect to their program purposes and the eligibility of
applicants and activities, applicants may be able to relate the
activities proposed for funding under this NOFA to the recent and
upcoming NOFAs and to the community's Consolidated Plan.
With respect to fair housing, a related NOFA that the Department
expects to publish in the Federal Register in the next few weeks is the
NOFA for the Fair Housing Services Center in East Texas.
To foster comprehensive, coordinated approaches by communities, the
Department intends for the remainder of FY 1997 to continue to alert
applicants of HUD's NOFA activity. In addition, a complete schedule of
NOFAs to be published during the fiscal year and those already
published appears under the HUD Homepage on the Internet, which can be
accessed at http://www.hud.gov.html. Additional steps to better
coordinate HUD's NOFAs are being considered for FY 1998.
To help in obtaining a copy of your community's Consolidated Plan,
please contact the community development office of your municipal
government.
I. Substantive Description and Purpose
(a) Authority
Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C.
3601-19 (Fair Housing Act), charges the Secretary of Housing and Urban
Development with responsibility to accept and investigate complaints
alleging discrimination based on race, color, religion, sex, handicap,
familial status or national origin in the sale, rental, or financing of
most housing. In addition, the Fair Housing Act directs the Secretary
to coordinate action with State and local agencies administering fair
housing laws and to cooperate with, and render technical assistance to,
public or private entities carrying out programs to prevent and
eliminate discriminatory housing practices.
Section 561 of the Housing and Community Development Act of 1987,
42 U.S.C. 3616 note, established the Fair Housing Initiatives Program
(FHIP) to strengthen the Department's enforcement of the Fair Housing
Act and to further fair housing. Implementing regulations are found at
24 CFR part 125.
Three general categories of activities were established at 24 CFR
part 125 for FHIP funding under section 561 of the Housing and
Community Development Act of 1987: the Administrative Enforcement
Initiative, the Education and Outreach Initiative, and the Private
Enforcement Initiative. Section 905 of the Housing and Community
Development Act of 1992 (HCDA 1992) (Pub. L. 102-550, approved October
28, 1992), amended section 561 by adding specific eligible applicants
and activities to the Education and Outreach
[[Page 34563]]
and Private Enforcement Initiatives, as well as an entirely new Fair
Housing Organizations Initiative. More significantly, section 905
established FHIP as a permanent program. The final rule implementing
these statutory amendments was published on November 27, 1995 (60 FR
58446).
(b) Purpose
This program assists projects and activities designed to enforce
and enhance compliance with the Fair Housing Act and substantially
equivalent State and local fair housing laws.
(c) Objectives
(1) One of the objectives of this funding round is to provide for a
wide geographic distribution of awards for fair housing enforcement and
education services throughout the country, including underserved areas.
(2) Through the PEI and FHOI components of this NOFA, the
Department will fund full service and broad-based fair housing
enforcement projects that address protected classes under the Fair
Housing Act (except for the set-aside in the FHOI component described
in Section I(f)(3)(i)(D) and in the following section). Enforcement
projects must include more than one type of activity. Fair housing
services are enforcement activities which consist of: complaint intake;
testing; evaluation of testing results; investigation, including:
property searches, document reviews, witness interviews; conciliation;
enforcement of meritorious claims through litigation or referral to
administrative enforcement agencies; and dissemination of information
about fair housing laws. These enforcement activities may be conducted
on a community, local, regional or national level. Furthermore, to be
funded, projects must be broad-based. Broad-based means not limited to
a single fair housing issue (such as insurance, mortgage lending or
advertising), but rather covering more than one issue related to
discrimination in the provision of housing covered under the Fair
Housing Act. Proposals under the Education and Outreach Initiative,
however, may focus on a single issue that addresses protected classes
under the Fair Housing Act.
(3) The Fair Housing Act was amended in 1988 to prohibit housing
discrimination on the basis of disability. This amendment also required
the provision of reasonable accommodations, where necessary, to permit
a person with a disability to have the full enjoyment of their housing.
Moreover, it required certain newly constructed multi-family housing to
comply with accessibility guidelines published in the Federal Register.
Although eight years have passed since the enactment of these
amendments, it appears that in many areas of the country, much of the
covered newly constructed housing still may fail to comply with the
Fair Housing Act requirements and many housing providers still
discriminate against persons with disabilities and refuse to provide
reasonable accommodations for them. For this funding round, the
Department seeks to develop the capacity of organizations that assist
persons with disabilities to undertake fair housing enforcement
activities. This will enable such organizations to develop the
capability to become full-service fair housing enforcement
organizations and thereby provide greater assistance to clients
(including representing clients from other protected classes who are
also disabled) in the enforcement of their Fair Housing rights.
(4) During the last four years, the Department has moved
aggressively to expand housing choice. Through these efforts, tens of
thousands of units of segregated, obsolete public housing are being
demolished. Residents of these units frequently face community
opposition and prejudice as they attempt to use housing certificates or
vouchers to move to non-segregated decent housing in other
neighborhoods. Similarly, public housing agencies and non-profit
housing providers which seek to develop scattered site public housing
or small group homes for persons with disabilities in areas outside of
the inner city also are subject to community resistance. In response to
these problems, the Department seeks to encourage local fair housing
organizations, community groups, and local governmental agencies to
engage in grassroots efforts to resolve community tensions that arise
as people expand their housing choices. The objective is to bring
together fair housing organizations with civic leaders, religious and
community officials, and others to work out solutions to local
problems.
(d) Definitions
The definitions that apply to this NOFA are as follows:
Qualified fair housing enforcement organization (QFHO-E) means any
organization, whether or not it is solely engaged in fair housing
enforcement activities, that--
(1) Is organized as a private, tax-exempt, nonprofit, charitable
organization;
(2) Has at least 2 years experience in complaint intake, complaint
investigation, testing for fair housing violations and enforcement of
meritorious claims; and
(3) Is engaged in complaint intake, complaint investigation,
testing for fair housing violations and enforcement of meritorious
claims at the time of application for FHIP assistance. For the purpose
of meeting the 2-year qualification period for these activities it is
not necessary that the activities were conducted simultaneously, as
long as each activity was conducted for 2 years. It is also not
necessary for the activities to have been conducted for 2 consecutive
or continuous years. An organization may aggregate its experience in
each activity over the 3 year period preceding its application to meet
the 2-year qualification period requirement.
Fair housing enforcement organization (FHO-E) means any
organization that--
(1) Is organized as a private, tax-exempt, nonprofit, charitable
organization;
(2) Is currently engaged in complaint intake, complaint
investigation, testing for fair housing violations and enforcement of
meritorious claims; and
(3) Upon the receipt of FHIP funds will continue to be engaged in
complaint intake, complaint investigation, testing for fair housing
violations and enforcement of meritorious claims.
Meritorious claims means enforcement activities by an organization
that resulted in lawsuits, consent decrees, legal settlements, HUD and/
or substantially equivalent agency (under 24 CFR 115.6) conciliations
and organization-initiated settlements with the outcome of monetary
awards for compensatory and/or punitive damages to plaintiffs or
complaining parties, or other affirmative relief, including the
provision of housing. Applicants should note that the definition of
``meritorious claims'' is only relevant as a part of the definition of
QFHO-E and FHO-E, and does not impose a limit on the kinds of
activities that may be funded under FHIP.
(e) Allocation Amounts
The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997,
(approved September 26, 1996, Pub. L. 104-204), (97 App. Act)
appropriated $15 million for activities pursuant to section 561, the
Fair Housing Initiatives Program. This amount is being made available
on a competitive basis to eligible organizations that submit timely
[[Page 34564]]
applications and are selected in response to this NOFA. The funding
selections will be made on the basis of criteria for eligibility,
factors for award, completeness of budget information, and any other
factors described in this NOFA.
The full cost of FY 1997 multi-year awards under the Private
Enforcement Initiative will be funded from FY 97 funds. Recipients of
FHIP grant awards under the Private Enforcement Initiative (PEI) based
upon applications submitted under the FY 1996 FHIP NOFA, RFA-96-1 (FR-
4047, published May 24, 1996, 61 FR 26362), and recipients of PEI FHIP
grant awards based upon applications submitted under the FY 1995 FHIP
NOFA, RFA-95-1 (FR-3878, published April 11, 1995, 60 FR 18444), may
not apply in the FY 1997 competition for multi-year Private Enforcement
Initiative awards.
The Department retains the right to shift funds among the FHIP
Initiatives listed below, within statutorily prescribed limitations.
The amounts included in this NOFA are subject to change based on fund
availability. The amount of FY 1997 funding available for the FHIP is
divided among three Initiatives as follows:
(1) Education and Outreach Initiative (EOI)
The amount of $1,800,000 in FY 1997 funds is being used for the EOI
for 18 month projects.
(i) National component. (A) General. Of the FY 1997 EOI total of
$1,800,000, $300,000 is made available under this NOFA for national EOI
projects, with an award cap of $150,000.
(B) Fair Housing web site projects. Of the $300,000 available under
the EOI national component, the Department is reserving $150,000 for
applications that will develop and/or administer a web site on the
Internet as a means of providing fair housing education and guidance to
the public. Applications submitted for these special projects will be
rated separately. If insufficient acceptable applications are received,
remaining funds will be added to the $300,000 available for national
education and outreach projects under section I.(e)(1)(i)(A) of this
NOFA above.
(ii) Regional, local, and community-based component. The amount of
$1,500,000 in FY 1997 funds is made available under this NOFA for
regional, local, and community-based projects.
(A) General. A total of $1,000,000 is available, with an award cap
of $100,000, for projects that support regional, local and community-
based education and outreach efforts.
(B) Projects to address community tensions. A total of $500,000
from the EOI regional, local, and community-based component will be
reserved to fund up to five regional, local, and community-based
education projects that will address community tensions that arise as
people protected under the Fair Housing Act seek to expand their
housing choices. The maximum amount awarded to any applicant will be
$100,000. Applications submitted for these special projects will be
rated separately. If insufficient acceptable applications are received,
remaining funds will be added to the $1,000,000 available for regional,
local, and community-based education and outreach projects under
section I.(e)(1)(ii)(A) of this NOFA, above.
(2) Private Enforcement Initiative (PEI).
Funds for the PEI are made available under this NOFA in the amount
of $10.5 million for 24 month projects, with an award cap of $350,000.
Recipients of multi-year PEI awards based upon applications submitted
under RFA 96-1 and RFA 95-1 may not apply for multi-year PEI funds made
available under this NOFA.
(3) Fair Housing Organizations Initiative (FHOI).
The amount of $2,700,000 is made available under this NOFA for the
FHOI for 18 month projects, to be used for the continued development of
fair housing enforcement organizations, with an award cap of $200,000.
(i) Organizations serving persons with disabilities. The Department
is reserving $1,350,000 of the $2,700,000 under the FHOI to develop the
capacity of organizations that assist persons with disabilities to
undertake fair housing enforcement activities, thus enabling such
organizations to become full-service fair housing enforcement
organizations.
(f) Eligibility
Eligible activities, eligible applicants, and additional
requirements under each Initiative are listed below. All activities and
materials funded by FHIP must be reasonably accessible to persons with
disabilities.
(1) Education and Outreach Initiative (EOI)
(i) Eligible applicants. The following organizations are eligible
to receive funding under the Education and Outreach Initiative:
(A) State or local governments;
(B) Qualified fair housing enforcement organizations (QFHO-Es);
(C) Fair housing enforcement organizations (FHO-Es)
(D) Public or private non-profit organizations or institutions and
other public or private entities that are formulating or carrying out
programs to prevent or eliminate discriminatory housing practices; and
(E) Fair Housing Assistance Program (FHAP) Agencies--State and
local agencies funded by the Fair Housing Assistance Program (FHAP).
(ii) Eligible activities. (A) In general. Each application for
Education and Outreach Initiative funding must identify if it proposes
a national or a regional, local, or community-based project. In
addition, Fair Housing web site projects under the national component,
and projects to address community tensions under the regional, local,
or community-based component, must be identified. Funding is permitted
for reasonable, necessary, and justified production or development of
new materials (brochures, public service announcements, videos) for
dissemination to the general public. Applicants proposing to develop
new materials should demonstrate in their application that they have
checked with a local, regional or national clearinghouse for similar or
duplicative materials and explain the reason existing materials are not
applicable to their area or targeted population(s). The kinds of
activities that may be funded through this Initiative may include (but
are not limited to) the following:
(1) Activities that support the Fair Housing planning requirement
of State and local governments subject to the Consolidated Plan (24 CFR
part 91). These activities include conducting an analysis of
impediments to fair housing choice and undertaking actions to eliminate
the identified impediments.
(2) Providing fair housing counseling services, including the
subjects of pre-and post-purchase counseling (mortgage lending, and
brokerage services) and/or rental housing counseling;
(3) Providing educational materials, seminars and working sessions
for schools, civic associations, neighborhood organizations, and other
groups to support community-based education and outreach efforts;
(4) Bringing housing industry and civic or fair housing groups
together to identify discriminatory housing practices and to determine
how to correct them;
(5) Providing technical assistance to support compliance with the
Fair Housing Act's accessible design and construction requirements and
the Fair Housing Accessibility Guidelines;
(6) Conducting outreach and providing information on fair housing
through printed and electronic media;
[[Page 34565]]
(7) Developing or implementing Fair Housing Month activities; and
(8) Informing persons with disabilities, and/or their support
organizations and service providers, housing providers, and the general
public on the rights of persons with disabilities under the Fair
Housing Act and on the location or availability of accessible housing
or the reasonable accommodations, reasonable modifications, or the
accessible design and construction provisions of the Act.
(B) National programs. (1) Activities eligible to be funded as
national programs shall be designed to provide a centralized,
coordinated effort for the development and dissemination of fair
housing media products or educational materials that may appropriately
be used on a nationwide basis. All activities listed in paragraph
I.(f)(1)(ii)(A) above are eligible as national projects. As stated at
I.(e)(1)(i)(B) of this NOFA, above, $150,000 of the $300,000 available
under the EOI national component is set aside for Fair Housing web site
projects.
(2) National program applications will receive a preference of up
to ten additional points if they:
(i) Demonstrate cooperation with real estate industry organizations
(up to five points); and/or
(ii) Provide for the dissemination of educational information and
technical assistance to support compliance with the housing
adaptability and accessibility guidelines contained in the Fair Housing
Amendments Act of 1988 (up to five points).
(C) Regional, local and community-based programs.
(1) Activities eligible to be funded as regional, local and
community-based programs include any of the activities, to be
implemented on a regional, local or community-based level, listed in
paragraph I.(f)(1)(ii)(A) above, of this NOFA. As stated at
I.(e)(1)(ii)(B) of this NOFA, above, $500,000 of the $1,000,000
available under the EOI regional, local, and community-based component
is set aside for projects to reduce community tensions. For
applications proposing projects to reduce community tensions, similar
activities may be undertaken where designed to address settlement of
lawsuits, implementation of regional housing counseling programs, or
similar local efforts.
(2) For the purposes of this NOFA, activities that are ``local'' in
scope are activities that are limited to a single unit of general local
government, meaning a city, town, township, county, parish, village, or
other general purpose political subdivision of a State. Activities that
are ``regional'' in scope are activities that cover adjoining States or
two or more units of general local government within a State.
Activities that are ``community-based'' in scope are those which are
focused on particular neighborhoods within a unit of general local
government. Community-based programs include school, church and
community presentations, conferences, or other educational activities.
(iii) Additional requirements. The following requirements are
applicable to all applications under the EOI:
(A) All projects must address or have relevance to housing
discrimination based on race, color, religion, sex, handicap, familial
status, or national origin.
(B) Projects must be eighteen months in duration. National projects
have an award cap of $150,000. Regional, local and community-based
projects have an award cap of $100,000. Applications which request FHIP
funding in excess of the award cap will be deemed ineligible.
(C) Projects aimed solely or primarily at research or dependent
upon such data gathering, including but not limited to surveys and
questionnaires, will not be eligible under this NOFA.
(D) All proposals must contain a description of how the activities
or the final products of the projects can be used by other agencies and
organizations and what modifications, if any, would be necessary for
that purpose.
(E) Coordination of activities. Each non-governmental applicant for
funding under the Education and Outreach Initiative regional, local and
community-based component that is located within the jurisdiction of a
State or local enforcement agency or agencies administering a fair
housing law that has been certified by the Department under 24 CFR part
115 as being a substantially equivalent fair housing law must provide,
with its application, documentation (such as letters between the two
organizations) that it has consulted with the agency or agencies to
coordinate activities to be funded under the Education and Outreach
Initiative. This coordination will ensure that the activities of one
group will minimize duplication and fragmentation of activities of the
other. Failure to submit the documentation required by this section
will be treated as a technical deficiency in accordance with section
IV., below, of this NOFA.
(F) Every application must include as one of its activities a
procedure for referring persons with fair housing complaints to State
or local agencies administering substantially equivalent laws, private
attorneys, HUD or the Department of Justice for further enforcement
processing.
(2) Private Enforcement Initiative (PEI)
(i) Eligible applicants. Organizations that are eligible to receive
FY 1997 funding assistance under the PEI are:
(A) Qualified fair housing enforcement organizations.
(B) Fair housing enforcement organizations with at least one year
of experience in complaint intake, complaint investigation, testing for
fair housing violations, and enforcement of meritorious claims.
(ii) Eligible activities. Applications are solicited for project
proposals as described in this NOFA. Applications may designate up to
5% of requested funds to conduct education and outreach to promote
awareness of the services provided by the project, but such promotion
must be necessary for the successful implementation of the project.
(A) Project applications must include more than one type of
activity, and may include, but are not limited to, the following:
(1) Conducting complaint intake of allegations of housing
discrimination;
(2) Conducting testing, evaluating testing results or providing
other investigative support for administrative and judicial enforcement
of fair housing laws;
(3) Conducting investigations of individual and systemic housing
discrimination for further enforcement processing by HUD or State or
local agencies which administer laws that are substantially equivalent
to the Fair Housing Act, or for referral to private attorneys or the
Department of Justice;
(4) Building the capacity to investigate, through testing and other
investigative methods, housing discrimination complaints covering all
protected classes;
(5) Conducting mediations or other voluntary resolutions of
allegations of fair housing discrimination;
(6) Providing funds for the costs and expenses of litigating fair
housing cases, including expert witness fees.
(iii) Additional requirements. (A) Testers in testing activities
funded with PEI funds must not have prior felony convictions or
convictions of crimes involving fraud or perjury, and they must receive
training or be experienced in testing procedures and techniques.
Testers and the organizations conducting tests, and the employees and
agents of these organizations may not:
(1) Have an economic interest in the outcome of the test, without
prejudice to the right of any person or entity to
[[Page 34566]]
recover damages for any cognizable injury;
(2) Be a relative of any party in a case;
(3) Have had any employment or other affiliation, within one year,
with the person or organization to be tested; or
(4) Be a licensed competitor of the person or organization to be
tested in the listing, rental, sale, or financing of real estate.
(B) Multi-year projects must be for 24 months in duration, with an
award cap of $350,000. Successful projects will receive incremental
funding during the life of the award subject to periodic performance
reviews. Applications which request FHIP funding in excess of the award
cap will be deemed ineligible.
(C) Projects aimed solely or primarily at research or dependent
upon such data-gathering, including but not limited to surveys and
questionnaires unrelated to existing or planned fair housing
enforcement programs, will not be eligible for funding under this NOFA.
(D) In accordance with 24 CFR 125.104(f), no recipient of
assistance under the PEI may use any funds provided by the Department
for the payment of expenses in connection with litigation against the
United States.
(E) Recipients of funds under the PEI shall be required to record,
in a case tracking log (or Fair Housing Enforcement Log) to be supplied
by HUD, information appropriate to the funded project relating to the
number of complaints of possible discrimination received; the protected
basis of these complaints; the issue, test type, and number of tests
utilized in the investigation of each allegation; the respondent type
and testing results; the time for case processing, including
administrative or judicial proceedings; the cost of testing activities
and case processing; to whom the case was referred; and the resolution
and type of relief sought and received. The recipient must agree to
make this log available to HUD.
(F) All proposals must certify that the applicant will not solicit
funds from or seek to provide fair housing educational or other
services or products for compensation, directly or indirectly, to any
person or organization which has been the subject of testing by the
applicant during the 12 month period following the test. This
requirement does not preclude settlements based on investigative
findings.
(3) Fair Housing Organizations Initiative (FHOI)
Applications may be submitted for funding under the Continued
Development of Existing Organizations component of the FHOI.
(i) Eligible applicants. Eligible applicants for funding under this
component of the FHOI are:
(A) Qualified fair housing enforcement organizations;
(B) Fair housing enforcement organizations;
(C) Nonprofit groups organizing to build their capacity to provide
fair housing enforcement; and
(D) Organizations serving persons with disabilities. As stated in
section I.(e)(3)(i), above, under the FHOI, $1,350,000 has been set
aside to increase enforcement activities for persons with disabilities.
Those funds are available for two categories of applicants:
(1) Disability advocacy groups. Organizations that traditionally
have provided for the civil rights of persons with disabilities may
apply. This would include organizations such as Independent Living
Centers, and cross-disability legal services groups. Because of limited
resources and the wide need for appropriate protections, organizations
considered for funding must be experienced in providing services to
persons with a broad range of disabilities, including physical,
cognitive, and psychiatric/mental disabilities. Organizations must
demonstrate actual involvement of persons with disabilities throughout
their activities, including on staff and board levels.
In addition, applicants for funding allocated to organizations that
serve persons with disabilities must meet the following requirements;
(i) Be organized as a private, tax-exempt, non-profit, charitable
organization;
(ii) Be established with a primary purpose to assist persons with
disabilities in exercising or protecting their fair housing and/or
other civil rights (persons with disabilities need not be the only
class served by the organization and fair housing and/or civil rights
protection need not be the only activity of the organization).
(2) Fair Housing/Disability Advocacy Joint Partnership Teams.
Eligible applicants listed in section I.(f)(3)(i)(A) through (D),
above, of this NOFA may submit applications which demonstrate a
partnership project that involves both an established fair housing
enforcement group and a disability advocacy group as defined in section
I.(f)(3)(i)(D)(1) of this NOFA. This may be done in cases where the
disability advocacy group either lacks the capacity for, or interest
in, providing all aspects of enforcement activity. Joint partnerships
will, depending upon the division of roles, enable the disability
advocacy group to develop expertise and experience in providing
enforcement activities, while sensitizing and educating the QFHO E's or
FHO-E's to issues related to the provision of services to persons with
disabilities. A joint partnership application would only be submitted
by a single organization, but the application would demonstrate a
cooperative undertaking with substantive involvement in fair housing
education and enforcement by the two kinds of organizations involved in
the partnership project.
The Department encourages applications under this set-aside that
creatively address the need to provide fair housing services using
existing resources in the most efficient and productive manner.
Partnership agreements should clearly delineate the roles of each
organization to develop the capacity of each organization to undertake
fair housing enforcement activities with respect to rights and
responsibilities for persons protected on the basis of handicap.
(ii) Eligible activities. Applications are solicited for project
proposals as described in this NOFA. Applications may designate up to
5% of requested funds to conduct education and outreach to promote
awareness of the services provided by the project, but such promotion
must be necessary for the successful implementation of the project.
Eligible activities for funding under this purpose of the FHOI are any
activities listed as eligible under the PEI in section I.(f)(2)(ii),
and any activities to increase enforcement activities for organizations
serving persons with disabilities, as described in section
I.(f)(3)(i)(D), above, of this NOFA and carried out as eighteen-month
projects.
(iii) Additional Requirements. The following requirements apply to
activities funded under the Continued Development of Existing
Organizations purpose of the FHOI:
(A) Operating budget limitation. Funding provided under this
purpose of the FHOI may not exceed more than 50 percent of the
operating budget of the recipient organization for any one year. For
purposes of the limitation in this paragraph, operating budget means
the applicant's total planned budget expenditures from all sources,
including the value of in-kind and monetary contributions, in the 18
months for which funding is sought.
[[Page 34567]]
(B) Term of grant. Projects are eighteen months in duration, with
an award cap of $200,000. Applications which request FHIP funding in
excess of the award cap will be deemed ineligible.
(C) Testers in testing activities funded with FHIP funds must not
have prior felony convictions or convictions of crimes involving fraud
or perjury, and they must receive training or be experienced in testing
procedures and techniques. Testers and the organizations conducting
tests, and the employees and agents of these organizations may not:
(1) Have an economic interest in the outcome of the test, without
prejudice to the right of any person or entity to recover damages for
any cognizable injury;
(2) Be a relative of any party in a case;
(3) Have had any employment or other affiliation, within one year,
with the person or organization to be tested; or
(4) Be a licensed competitor of the person or organization to be
tested in the listing, rental, sale, or financing of real estate.
(D) Projects to be aimed solely or primarily at research or
dependent upon such data-gathering, including but not limited to
surveys and questionnaires will not be eligible for funding under this
NOFA.
(E) Each applicant under the continued development of existing
organizations component of the FHOI must submit an operating budget
that describes the applicant's total planned expenditures from all
sources, including the value of in-kind and monetary contributions, in
the 18 months for which funding is sought. This operating budget will
be used for the purposes of determining the extent of the 50% funding
limitation on operating expenses.
(F) All proposals for testing under the FHOI must certify that the
applicant will not solicit funds from or seek to provide fair housing
educational or other services or products for compensation, directly or
indirectly, to any person or organization which has been the subject of
testing by the applicant during a 12 month period following the test.
This does not preclude settlement based on investigative findings.
(G) Recipients of funds under the FHOI shall be required to record,
in a case tracking log (or Fair Housing Enforcement Log) to be supplied
by HUD, information appropriate to the funded project relating to the
number of complaints of discrimination received; the protected basis of
these complaints; the issue, test type and number of tests utilized in
the investigation of each allegation; the respondent type and testing
results; the time of case processing, including administrative or
judicial proceedings; the cost of testing activities and case
processing; and to whom referred, resolution, and type of relief
provided. The recipient must agree to make this log available to HUD.
(g) Selection Criteria/Rating Factors
(1) Selection Criteria for Rating Applications for Assistance
The following five selection criteria apply to each of the
initiatives covered by this NOFA and account for 100 points available
for award. In addition to the preference points indicated in section
I.(f)(1)(ii)(B)(2) for applications under the EOI national component,
all projects proposed in applications will be rated on the basis of the
following criteria for selection:
(i) Need. (20 points) This criterion will be judged on the basis of
the applicant's submissions in response to paragraphs III.(1) and
III.(2) of this NOFA under the heading ``Checklist of Application
Submission Requirements.'' The applicant must demonstrate that it is
serving areas with significant fair housing problems. HUD will consider
the extent to which the application clearly delineates a fair housing
need or needs in the project area(s) that can be resolved through the
proposed FHIP funded activities of the organization. The applicant must
demonstrate how these needs were identified and how the activities
proposed will address these needs. HUD will also consider the extent to
which the applicant demonstrates a familiarity with the efforts of
government agencies, fair housing organizations, community-based
organizations, housing industry groups, and other entities in the
community which are engaged in or have an impact on fair housing
education/enforcement in the communities to be served.
(ii) Quality of project and related activities that the applicant
proposes to carry out under the grant. (25 points) This criterion will
be judged on the basis of the applicant's submissions in response to
paragraph III.(3), III.(4) and III.(5) of this NOFA under the heading
``Checklist of Application Submission Requirements.'' HUD will
consider:
(A) The extent to which the applicant's proposal outlines a clear
and easy to understand project, that can be successfully carried out
within the grant period.
(B) The extent to which the applicant explains the benefits that
successful completion of the project will produce to enhance fair
housing and the indicators by which these benefits are to be measured.
In addition to immediate benefits, the applicant must also describe the
expected long-term viability of project results.
(C) The extent to which an applicant's PEI or FHOI enforcement
activities proposal furthers the objective of funding full service and
broad-based fair housing enforcement projects that address protected
classes under the Fair Housing Act.
(iii) Outreach and Project Support. (10 points) This criterion will
be judged on the basis of the applicant's submission in response to
paragraph III.(6) and III.(7) of this NOFA under the heading
``Checklist of Application Submission Requirements.'' This factor has
two subfactors:
(A) The extent to which the application demonstrates the ability of
the applicant to disseminate or utilize FHIP or existing fair housing
materials in locations served by the proposed project. Applications
must demonstrate how the project will promote awareness of the services
provided by the project (5 points). In rating this subfactor, HUD will
evaluate:
(1) The extent to which the proposed activities will reach persons
throughout the region to be served and will identify and use existing
fair housing materials; and
(2) The extent to which the application will promote awareness of
the services provided by the proposed activities.
(B) The extent to which the application demonstrates the commitment
of funds and other in-kind resources to the project (5 points). In
rating this subfactor, HUD will consider:
(1) Estimate of the public or private resources that may be
available to assist the proposed activities; and
(2) The extent to which resources have been firmly committed for
the proposed project. This includes the reasonableness of applicant's
documented efforts to secure support and the quality of applicant's
plan for securing additional funds to support the activities during the
period of the project.
(iv) Management Capability. (35 points) This criterion will be
judged on the basis of the applicant's submission in response to
paragraph III.(8) III.(9) and III.(10) under the heading ``Checklist of
Application Submission Requirements.'' This factor has two sub-factors:
(A) The extent to which the applicant demonstrates that the
proposed management approach will enable the applicant to successfully
carry out the
[[Page 34568]]
proposed activities (10 points); In rating this subfactor, HUD will
consider:
(1) Appropriateness, completeness, clarity, and specificity of the
tasks proposed in the Statement of Work to implement the project. This
includes such considerations as regions to be served, clientele to be
served, specific protected class focus, and type and scope of
deliverables.
(2) Whether the budget includes necessary costs for the proposed
activities and reasonableness of the costs for the proposed activities,
including level of expertise proposed for various tasks.
(3) Extent to which the applicant demonstrates capability in
handling financial resources with adequate financial control procedures
and accounting procedures. In addition, considerations will include
findings identified in their most recent audit, internal consistency in
the application of numeric quantities, accuracy of mathematical
calculations and other available information on financial management
capability.
(B) The extent to which the applicant demonstrates the capacity to
carry out satisfactorily the proposed activities in a timely fashion
(25 points); HUD will consider:
(1) Experience of the applicant organization that is relevant to
the proposed project.
(2) The applicant's management and performance under past and
current FHIP or other civil rights projects. Where the applicant has
managed several projects, special consideration will be given to past
performances in those projects which are most relevant to the proposed
project. Under this factor, HUD will consider, in particular, progress
reviews and closeout assessments on current and past FHIP grants
awarded to the applicant organization.
(3) The qualifications of the Project Director, key project staff
and any sub-contractors, consultants, and subrecipients which are
firmly committed to the project. If most key personnel are not
identified, the applicant must demonstrate how it proposes to carry out
activities in the interim while vacancies are being filled. For any
significant personnel, including subcontractors, not yet hired or
selected, how appropriate are the qualifications to be considered in
the selection.
(4) The reasonableness of timelines for implementation, procedures
for monitoring and assessing results and adequacy of the Statement of
Work for assuring that the project is completed in a timely and
effective manner.
(v) Place-based. The Secretary's Representative will evaluate and
rate applications from their respective Regions under the selection
criteria at section I.(g)(1)(i), ``Need,'' and section I.(g)(1)(ii),
``Quality of project and related activities that the applicant proposes
to carry out under the grant.'' This participation by the Secretary's
Representatives will take advantage of their unique knowledge of
circumstances within their regions, and will promote ``place-based''
considerations in the selection of applicants. HUD will award up to 5
points under each of these selection criteria, up to a total of 10
points, on the basis of the evaluation by the Secretary's
Representatives.
(2) Selection Process
The selection process is structured to achieve the objectives set
forth in section I.(c) of this NOFA. Awards will generally be made in
rank order, except that the additional procedures described below will
be followed to make awards out of rank order to achieve this goal.
Each application for funding will be evaluated competitively. Upon
receipt, the applications will be sorted into seven categories: PEI;
EOI-National/Web-site; EOI-National/Other; EOI-Regional, local and
community-based/reduction of community tensions; EOI-Regional,local and
community-based/other; FHOI-Continued Development of Existing
Organizations/Organizations Serving Persons with Disabilities; and
FHOI-Continued Development of Existing Organizations/Other. Then, in
each category, they will be awarded points and assigned a score based
on the Selection Criteria for Rating Applications for Assistance
identified in section I.(g)(1) of this NOFA. The final decision rests
with the Assistant Secretary for Fair Housing and Equal Opportunity or
designee. After eligible applications are evaluated against the factors
for award and assigned a score, they will be organized by rank order.
Awards for each category listed above will be funded in rank order
until all available funds have been obligated, or until there are no
acceptable applications, with the exception described in section
I.(g)(2)(i), immediately below, which is designed to achieve geographic
distribution of awards and to achieve full service and broad-based fair
housing enforcement projects.
(i) Achieving geographic distribution of awards. The Assistant
Secretary, or designee, will have the discretion to make awards out of
rank order and fund or not fund applications in order to provide
broader geographic representation in accordance with the following
procedure. For the PEI funding category only, the highest ranking
application from each of the ten HUD broad regions, as described in the
application kit, will be funded first. Following the selection of the
highest ranking application under the PEI in each region, the remaining
awards under the PEI and all awards made under the other Initiatives
and components within each category will be funded in rank order,
except as follows: only the highest ranking application under any non-
national Initiative or component for activities to be conducted in a
Metropolitan Statistical Area (MSA), as defined by the Bureau of the
Census, will be selected. No other application proposing activities in
the same MSA under the same Initiative or component will be selected,
unless there are not enough applications of sufficient quality to
permit the awarding of all funds in an Initiative or component. If the
selection panel determines that there are not enough applications of
sufficient quality in any Initiative or component, then the next
highest ranked application(s) that had previously been passed over may
be funded in the same MSA.
(ii) Achieving full service and broad based fair housing projects.
Regardless of its ranking, an application proposing enforcement
activities will not be funded if it is not focused on providing full
service and broad based fair housing enforcement projects that address
protected classes under the Fair Housing Act.
(iii) Tie breaking. When there is a tie in the overall total score,
the award will be made to the applicant that has the higher score under
Selection Criteria (ii) of section I.(g)(1). If these applications are
equal in this respect, the application that receives a total higher
number of cumulative points under Selection Criteria (i) and (iv) of
section I.(g)(1), above, will receive the award. If these scores are
identical then the award will be made to the applicant with the lower
request for FHIP funding.
(h) General Requirements for Applications
(1) Applicants Limited to a Single Award
Applicants may apply for funding for more than one project or
activity under one or more Initiatives. However, applicants are limited
to one award under this NOFA. If more than one eligible application is
submitted by an applicant and both are within funding range, the
Department will select the application which the applicant has
[[Page 34569]]
indicated as its preference for award should more than one application
submitted be within funding range.
(2) Independence of Awards
Each project or activity proposed in an application must be
independent and capable of being implemented without reliance on the
selection of other applications submitted by the applicant or other
applicants. However, this provision does not preclude an applicant from
submitting a proposal which includes other organizations as
subcontractors to the proposed project or activity.
(3) Project Starting Period
The Department has determined that all applications must propose
that the project will begin no later than December 1, 1997.
(4) Page Limitation
Applicants will be limited to 10 pages of narrative responses for
each of the five selection criteria (this does not include forms or
documents which are required under each criterion). Furthermore,
unrequested items including brochures, news articles, letters of
support and other examples included in the application will not be
considered in the evaluation process. Applicants that exceed the 10-
page limit for each criterion will only have the first 10 pages
evaluated for each criterion. Failure to provide narrative responses to
criteria (i) through (iv) will result in an application being deemed as
ineligible.
(i) Applicant Notification and Award Procedures
(1) Notification. No information will be available to applicants
during the period of HUD evaluation, approximately 90 days, except for
notification in writing or by telephone to those applicants that are
determined to be ineligible or that have technical deficiencies in
their applications that may be corrected. Selectees will be announced
by HUD upon completion of the evaluation process, subject to final
negotiations and award.
(2) Negotiations. After HUD has ranked the applications and
provided notifications to applicants whose scores are within the
funding range, HUD will require that applicants in this group
participate in negotiations to determine the specific terms of the
cooperative or grant agreement. In cases where it is not possible to
conclude the necessary negotiations successfully, awards will not be
made.
If an award is not made to an applicant whose application is in the
initial funding threshold because of an inability to complete
successful negotiations, and if funds are available to fund any
applications that may have fallen outside the initial funding
threshold, HUD will select the next highest ranking applicant and
proceed as described in the preceding paragraph.
(3) Funding Instrument. HUD expects to award a cost reimbursable or
fixed-price cooperative or grant agreement to each successful
applicant. HUD reserves the right, however, to use the form of
assistance agreement determined to be most appropriate after
negotiation with the applicant.
(4) Reduction of Requested Grant Amounts and Special Conditions.
HUD may approve an application for an amount lower than the amount
requested, fund only portions of an application, withhold funds after
approval, and/or require the grantee to comply with special conditions
added to the grant agreement, in accordance with 24 CFR 84.14, the
requirements of this NOFA, or where:
(i) HUD determines the amount requested for one or more eligible
activities is unreasonable or unnecessary;
(ii) The applicant has proposed an ineligible activity in an
otherwise eligible project;
(iii) Insufficient amounts remain in that funding round to fund the
full amount requested in the application, and HUD determines that
partial funding is a viable option;
(iv) The applicant has demonstrated an inability to manage HUD
grants, particularly FHIP grants; or
(v) For any other reason where good cause exists.
(5) Performance Sanctions. A recipient failing to comply with the
procedures set forth in its grant agreement will be liable for such
sanctions as may be authorized by law, including repayment of
improperly used funds, termination of further participation in the
FHIP, and denial of further participation in programs of the Department
or of any Federal agency.
II. Application Process
An application kit is required as the formal submission to apply
for funding. The kit includes information on the Statement of Work and
Budget for activities proposed by the applicant. An application may be
obtained by writing the Fair Housing Information Clearinghouse, P.O.
Box 9146, McLean, VA 22102, or by calling the toll free number 1-800-
343-3442 (voice) or 1-800-290-1617 (TTY). To ensure a prompt response,
it is suggested that requests for application kits be made by
telephone.
Completed applications are to be submitted to: Maxine B.
Cunningham, Office of Fair Housing and Equal Opportunity, Department of
Housing and Urban Development, Room 5234, 451 Seventh Street, S.W.,
Washington, DC 20410.
The application due date will be specified in the application kit.
Applicants submitting an application under the Private Enforcement
Initiative will be given at least 50 days from today's date, until
August 15, 1997, to submit their applications. Applicants submitting
applications under the Education and Outreach Initiative and the Fair
Housing Organizations Initiative will be given at least 60 days from
today's date, until August 25, 1997, to submit their applications.
Applications will be accepted if they are received on or before the
application due date, or are received within 7 days after the
application due date, but with a U.S. postmark or receipt from a
private commercial delivery service (such as, Federal Express or DHL)
that is dated on or before the application due date.
The application deadline is firm as to date. In the interest of
fairness to all competing applicants, the Department will treat as
ineligible for consideration any application that is received after the
deadline. Applicants should take this practice into account and make
early submission of their materials to avoid any risk of loss of
eligibility brought about by unanticipated delays or other delivery-
related problems. A transmission by facsimile machine (``FAX'') will
not constitute delivery.
An applicant may apply for funding for more than one project or
activity, but a separate application must be submitted for each of the
following categories of funding:
(1) Private Enforcement Initiative-Multi-year projects;
(2) Education and Outreach Initiative-National/Fair Housing Web
Site on the Internet;
(3) Education and Outreach Initiative-National/other projects;
(4) Education and Outreach Initiative-Regional, local and
community-based/reduction of community tensions;
(5) Education and Outreach Initiative-Regional or local and
community-based/other projects;
(6) Fair Housing Organizations Initiative-Continued Development of
Existing Organizations/Organizations Serving Persons with Disabilities;
and
(7) Fair Housing Organizations Initiative-Continued Development of
Existing Organizations/Other Projects.
Although a separate application is required for each funding
category, an application may propose more than one
[[Page 34570]]
type of eligible activity under each category. For example,
distribution of a public service message and conduct of a seminar may
be proposed in a single application for a national program under the
EOI.
Applicants must submit all information required in the application
kit and must include sufficient information to establish that the
applicant and its application meet eligibility requirements as set
forth above and that the application meets the selection criteria set
forth in section I.(d), above, of this NOFA.
III. Checklist of Application Submission Requirements
The application kit will contain a checklist of application
submission requirements to complete the application process. Each
application for FHIP funding must contain the following items:
(1) A description indicating the need for FHIP funding in support
of the proposed project. This must include a discussion of how these
needs were identified, including reference to studies or other
information and relevant demographic data relating to the nature and
extent of discriminatory housing practices in the location(s) where the
applicant proposes to undertake activities.
(2) A description of how the proposed activities relate to efforts
by other entities in the community that are engaged in or have an
impact on fair housing education/enforcement in the communities to be
served.
(3) A description of the activities proposed for funding in the
general location where the applicant proposes to undertake activities.
(4) A description of the fair housing benefits that successful
completion of the project will produce, and the indicators by which
these benefits are to be measured.
(5) A description of the degree to which the project will be of
continuing use in addressing housing discrimination after funded
activities have been completed;
(6) A description of the activities proposed that will disseminate
or utilize FHIP or existing fair housing materials in the project
area(s) served. This description must include a discussion of
procedures used to promote awareness of the services provided by the
proposed project;
(7) An estimate of other public or private resources that will be
used to assist the proposed activities.
(8) A budget--which must include a set-aside of $3,000 for 18 month
projects and $6,000 for 24 month projects to be used for travel and
associated costs for training sponsored or approved by the Department--
and a Statement of Work which includes a timeline for the
implementation of the proposed activities, consisting of a description
of the specific activities to be conducted with FHIP funds, the
geographic areas to be served by the activities, any reports to be
produced in connection with the activities, and a schedule for the
implementation and completion of the activities.
(9) A description of the applicant's experience in formulating or
carrying out programs to prevent or eliminate discriminatory housing
practices or in implementing other civil rights programs, the
experience and qualifications of existing personnel identified for key
positions, or a description of the qualifications of new staff to be
hired, and the experience of subcontractors/consultants.
(10) A description of the procedures to be used by the applicant
for monitoring the progress of the proposed activities and the
applicant's planned or implemented financial control procedures that
will demonstrate the applicant's capability in managing financial
resources.
(11) HUD Form 2880, Applicant Disclosures;
(12) A listing of any current or pending grants or contracts, or
other business or financial relationships or agreements, to provide
training, education, and/or self-testing services between the applicant
and any entity or organization of entities involved in the sale,
rental, advertising, or provision of brokerage, or lending services for
housing. The listing must include the name and address of the entity or
organization; a brief description of the services being performed or
for which negotiations are pending; the dates for performance of the
services; and the amount of the contract or grant. This listing must be
updated during the grant negotiation period, at the end of the grant
term, and for grants that will run for more than twelve months, at the
end of each year of the multi-year project.
(13) The applicant must submit a certification and disclosure in
accordance with the requirements of section 319 of the Department of
the Interior Appropriations Act (Pub. L. 101-121, approved October 23,
1989), as implemented in HUD's interim final rule at 24 CFR part 87,
published in the Federal Register on February 26, 1990 (55 FR 6736).
This statute generally prohibits recipients and subrecipients of
Federal contracts, grants, cooperative agreements and 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. If warranted, the applicant should include the
Disclosure of Lobbying Activities form (SF-LLL).
(14) Prior to award execution, successful applicants must submit a
certification that they will comply with the certification requirements
contained in the application kit.
(15) Each applicant applying as a qualified fair housing
enforcement organization or fair housing enforcement organization must
have available upon request documentation which demonstrates that the
applicant meets all of the requirements of a qualified fair housing
enforcement organization (QFHO-E) or fair housing enforcement
organization (FHO-E), as defined under the heading Definitions, in
section I.(d), above, of this NOFA.
IV. Corrections to Deficient Applications
Applicants will not be disqualified from being considered for
funding because of technical deficiencies in their application
submission, e.g., an omission of information such as regulatory/program
certifications, or incomplete signatory requirements for application
submission.
HUD will notify an applicant in writing of any technical
deficiencies in the application. The applicant must submit corrections
within 14 calendar days from the date of HUD's letter notifying the
applicant of any technical deficiency.
The 14-day correction period pertains only to non-substantive,
technical deficiencies or errors. Technical deficiencies relate to
items that:
1. Are not necessary for HUD review under selection criteria/
ranking factors; and
2. Would not improve the substantive quality of the proposal.
V. Other Matters
Prohibition Against Lobbying Activities
Applicants for funding under this NOFA 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 applicants from using appropriated
funds for lobbying the Executive or Legislative Branches of the Federal
Government in connection with a specific contract, grant, or loan.
Applicants 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
[[Page 34571]]
any prohibited lobbying activities. In addition, applicants 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.
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.19(c)(3) of the HUD regulations,
the policies and procedures contained in this notice provide for
assistance in promoting or enforcing fair housing and therefore, are
categorically excluded from the requirements of the National
Environmental Policy Act, except for extraordinary circumstances, and
no FONSI is required.
Executive Order 12612, Federalism
The General Counsel has determined, as the Designated Official for
HUD under section 6(a) of Executive Order 12612, Federalism, that the
policies contained in this Notice will not have federalism implications
and, thus, are not subject to review under the Order. The promotion of
fair housing policies is a recognized goal of general benefit without
direct implications on the relationship between the national government
and the states or on the distribution of power and responsibilities
among various levels of government.
Drug-Free Workplace Certification
The Drug-Free Workplace Act of 1988 requires grantees of Federal
agencies to certify that they will provide drug-free workplaces. Thus,
each applicant must certify that it will comply with drug-free
workplace requirements in accordance with 24 CFR part 24, subpart F.
Accountability in the Provision of HUD Assistance
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), 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, HUD published, at
57 FR 1942, a notice that also provides information on the
implementation of section 102. The documentation, public access, and
disclosure requirements of section 102 are applicable to assistance
awarded under this NOFA as follows:
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 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.
Disclosures
HUD will make available to the public for five years all applicant
disclosure reports (HUD Form 2880) submitted in connection with this
NOFA. Update reports (also Form 2880) will be made available along with
the applicant disclosure reports, but in no case for a period less than
three years. All reports--both applicant disclosures and updates--will
be made available in accordance with the Freedom of Information Act (5
U.S.C. 552) and HUD's implementing regulations at 24 CFR part 15.
Section 103 HUD Reform Act
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.) A telecommunications device for persons with speech and
hearing impairments is available at 1-800-877-8339. 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 Field Office Counsel, or Headquarters counsel
for the program to which the question pertains.
The program components of FHIP are described in the Catalog of
Federal Domestic Assistance at 14.409, Education and Outreach
Initiative; 14.410, Private Enforcement Initiative; and 14.413, Fair
Housing Organizations Initiative.
Authority: 42 U.S.C. 3601-3619; 42 U.S.C. 3616 note.
Dated: June 20, 1997.
Susan M. Forward,
Deputy Assistant Secretary for Enforcement and Investigations.
[FR Doc. 97-16753 Filed 6-25-97; 8:45 am]
BILLING CODE 4210-28-P
