[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15556]
[Federal Register: June 28, 1994]
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Part V
Department of Housing and Urban Development
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Office of the Assistant Secretary for Public and Indian Housing
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Funding Availability for Technical Assistance to Public Housing
Authorities and Public Housing Police Departments; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3799; FR-3711-N-01]
Notice of Funding Availability for Technical Assistance to Public
Housing Authorities and Public Housing Police Departments
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability (NOFA).
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SUMMARY: This NOFA announces funding of up to $1.5 million for
qualified vendors to: (1) Develop a program to improve public housing
police departments in 11 designated cities, (2) facilitate law
enforcement service agreements between housing authorities and local
government, and (3) provide the technical assistance to implement the
program and agreements developed under (1) and (2).
DATES: Applications must be received at HUD Headquarters at the address
below on or before 3 pm, Eastern Daylight Time, August 2, 1994. This
application deadline is firm as to date and hour. 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 into account and make early
submission of their materials to avoid any risk of loss of eligibility
brought about by any unanticipated or delivery-related problems.
Applications received after the deadline will not be considered.
ADDRESSES: An original and four copies of the application must be sent
to the Drug-Free Neighborhoods Division, Office of Resident
Initiatives, Public and Indian Housing, Department of Housing and Urban
Development, room 4116, 451 Seventh Street SW., Washington, DC 20410.
FOR FURTHER INFORMATION, CONTACT: Malcolm (Mike) Main, Drug-Free
Neighborhoods Division, Office of Resident Initiatives, Public and
Indian Housing, Department of Housing and Urban Development, room 4116,
451 Seventh Street SW., Washington, DC 20410, telephone (202) 708-1197.
A telecommunications device for hearing or speech impaired persons
(TDD) is available at (202) 708-0850. (These are not toll-free
telephone numbers.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget for review
under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3501-3520). The OMB control number, when assigned, will be published in
the Federal Register.
Public reporting burden for the collection of information
requirements contained in this NOFA are estimated to include the time
for reviewing the instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Information on the estimated public
reporting burden for all of the technical assistance NOFAs under this
program is provided below. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Department of Housing and
Urban Development, Rules Docket Clerk, 451 Seventh Street SW., room
10276, Washington DC 20410-0500; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for HUD, Washington, DC 20503.
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No. of No. of
No. of NOFAs affected respondents respondents Total Hours per Total No.
per NOFA per NOFA respondents respondents hrs.
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Per year:
6.......................................... 10 1 60 40 2,400
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Total for three years:
18......................................... 10 1 180 40 7,200
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I. Purpose and Substantive Description
(a) Purpose
The overall objectives of this grant are to: (1) Develop a program
to improve public housing police departments in 11 designated cities,
(2) facilitate law enforcement service agreements between housing
authorities and local government, and (3) provide the technical
assistance to implement the program and agreements developed under (1)
and (2).
(b) Authority
This grant is authorized under Chapter 2, Subtitle C, Title V of
the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.), as amended
by Section 581 of the National Affordable Housing Act of 1990 (NAHA),
approved November 28, 1990, Pub. L. 101-625, and Section 161 of the
Housing and Community Development Act of 1992 (HCDA 1992) (Pub. L. 102-
550, approved October 28, 1992).
(c) Award Amounts
The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act 1993 (approved
October 28, 1993, Pub. L. 103-124), (94 App. Act) appropriated $265
million for the Drug Elimination Program of which $5 million is to be
used for funding technical assistance and training. The funding
available under this NOFA is a part of this $5 million.
A cost-reimbursable grant for $1.5 million for a 1-year base
period, with 4 option years, will be awarded under this NOFA. The
applicant must submit a five year strategy which includes the first
year budget of $1.5 million. Each additional fiscal year award will be
for comparable amounts based upon an evaluation of grant performance
and the availability of funds.
(d) Eligibility
(1) Eligible applicants. Applicants must demonstrate executive
managerial law enforcement experience in the following areas or they
will not be considered for funding:
(i) Conducting law enforcement assessments in cities of a
population of 500,000 or more;
(ii) Conducting law enforcement assessments of public housing
police departments;
(iii) Design, development and delivery of training and technical
assistance programs for law enforcement agencies;
(iv) Development and implementation of law enforcement policies,
procedures and manuals, personnel management systems, fiscal tracking
systems, dispatch systems, records management, patrol strategy and
crime prevention programs;
(v) Managing the accreditation process of local law enforcement
agencies;
(vi) Developing technical and physical security systems in public
housing or the private sector;
(vii) Design and implementation of community policing programs; and
(viii) Working with Federal and local law enforcement agencies.
(2) Activities/tasks to be funded. The grantees selected for
funding under this NOFA shall perform the following tasks:
(i) Task 1--Public Housing Police Department Upgrades. The
following subtasks are to be performed in 11 designated cities that
have both municipal police and housing authority police departments
serving public housing residents. In addition, the grantee will be
required to hold a briefing, for up to three representatives from each
designated city, of the tasks to be accomplished under this grant. The
briefing is to be conducted in the Washington, DC area immediately
after completion and approval of the management and work plan under
section (j)(4) of this NOFA. The Department conducted a study to
identify housing authority (HA) police departments that met the
following criteria: they were moving towards national or State
accreditation; their officers were State or local commissioned police
officers and/or had completed police academy training; and they had
operations and salaries that were funded with HUD operating subsidies
or other HUD funds. Based upon this study the Department determined
that the HAs listed below had their own HA police departments which met
these criteria. The 11 housing authorities (HA) and cities for Task 1
are:
Baltimore HA and Community Development, Baltimore, MD
Boston HA, Boston, MA
Buffalo HA, Buffalo, NY
Chicago HA, Chicago, IL
Cuyahoga Metropolitan HA, Cleveland, OH
HA of the City of Los Angeles, Los Angeles, CA
HA of the City of Oakland, Oakland, CA
HA of the City of Pittsburgh, Pittsburgh, PA
Newark HA, Newark, NJ
Philadelphia HA, Philadelphia, PA
HA of the City of Waterbury, Waterbury, CT
The New York City Housing Authority has a housing authority police
department. This department has already been accredited as of March 27,
1994 and therefore will not be included in this NOFA.
(A) Task 1 Subtask 1--Law Enforcement Services Agreements. The
grantee shall facilitate law enforcement service agreements, for
additional law enforcement services beyond the HA cooperation
agreement, between housing authorities and local government. The
grantee shall work with public housing officials and local governments
in the 11 cities with public housing police departments to negotiate
and implement additional law enforcement service agreements between
local police and public housing officials. The anticipated agreements
would relate to the provision of police services to public housing
residents by municipal police and public housing police, access to
emergency services, baseline services provided to public housing
residents, reporting of crimes city-wide and in public housing, and
other items that may be of mutual interest to the city and/or housing
authority.
(B) Task 1 Subtask 2--Policy and Procedures Manual. The grantee
shall work with public housing police departments in 11 cities to
develop and implement a state of the art police policy and procedures
manual. Where a manual exists, the manual should be edited to the point
that relevant policies, procedures and general orders are clearly
defined for public housing services.
(C) Task 1 Subtask 3--Personnel Management System. The grantee
shall work with public housing police departments in 11 cities to
develop and implement a modern police personnel management system to
include recruitment, selection, initial and continuing training,
evaluation, compensation, job descriptions, and promotional systems.
The grantee shall also, through focus groups and/or needs assessment,
identify topics for a core curriculum for continuing HA police officer
training in areas specific to HAs, such as vertical patrols,
investigative techniques, and sensitivity training.
(D) Task 1 Subtask 4--Fiscal Tracking System. The grantee shall
work with public housing authorities and housing police departments in
11 cities to develop a consistent fiscal tracking system that
incorporates modern financial management systems into the way the
authorities and police justify and track expenditures. Fiscal planning
should be incorporated into the fiscal system so that a procedure
exists to reflect anticipated costs five years into the future. In
addition, the grantee shall work with housing authority officials in 11
cities to identify the source of funding for police and security
upgrades and establish timelines for completion of upgrades.
(E) Task 1 Subtask 5--Emergency Dispatch System. The grantee shall
work with public housing police departments and municipal police
departments in 11 cities to develop a state of the art emergency
dispatch system for public housing residents that reflects the most
expeditious way to provide residents in each of the 11 cities with
emergency police response. This task is to include developing
recommendations for assuring communications between public housing
police departments and municipal police departments, 911 services, non-
emergency calls, anticipated expenditures by authority for technical
upgrades, and training requirements for officers and dispatchers.
(F) Task 1 Subtask 6--Records Management. The grantee shall work
with public housing police departments in 11 cities to develop a
records management system that represents state of the art practices in
collecting, coding, filing, analyzing and accessing police information.
This task is to include an assessment of computer hardware and software
that may be appropriate for use in each city, interface between records
and dispatch in the housing police, interface between municipal police
departments and housing authority police departments, compliance with
Uniform Crime Reporting (UCR) and/or the National Incident Based
Reporting System (NIBRS) procedures, forms for collecting data, and
staffing requirements for the records function.
(G) Task 1 Subtask 7--Patrol Strategies. The grantee shall work
with public housing police departments in 11 cities to develop and
implement modern police patrol strategies for public housing police
departments to include patrol procedures, vertical patrols, development
of staffing criteria, patrol beat development, response to calls or
crimes, proactive strategies, bicycle patrols, investigation of crimes
by patrol personnel, follow-up procedures with victims, stake-out
strategies, and use of crime analysis.
(H) Task 1 Subtask 8--Crime Prevention Programs. The grantee shall
work with public housing police departments in 11 cities to develop and
implement crime prevention programs. This task is to include programs
to counter crime and fear of crime, programs to enlist and maintain
public cooperation, police officer programs, use of residents and
training of residents.
(I) Task 1 Subtask 9--Technical and Physical Security Programs. The
grantee shall work with public housing police departments in 11 cities
to develop and implement technical security programs in public housing
buildings to include the use of closed circuit television cameras,
monitors, sensors, fencing, locks, access control, lighting, parking
and other state of the art programs. This task is to include
recommendations on staffing buildings with guards and the anticipated
costs by building or development.
(J) Task 1 Subtask 10--Accreditation for Law Enforcement Agencies.
The grantee shall work with 11 public housing police departments to
become accredited police departments, or to elevate their professional
capacity to the point that the housing authority police department
meets all the standards promulgated by the Commission on Accreditation
for Law Enforcement Agencies (CALEA) relative to the work provided by
the respective public housing police departments.
(K) Task 1 Subtask 11--Community Policing Programs. The grantee
shall work with public housing police departments in 11 cities to
design, develop and implement community policing programs that are
tailored to public housing. This Task is to include the development and
implementation of training programs for public housing police
department officers, municipal police department officers, housing
authority officials and residents in the 11 cities.
(ii) Task 2--Additional Law Enforcement Service Agreements Between
Housing Authorities and Local Police Departments for Police Services.
The grantee shall work with public housing departments and local
governments in a minimum of 15 cities, to be identified after the grant
award, without public housing police departments to negotiate and
implement additional law enforcement service agreements, beyond the HA
cooperation agreement, between local police departments and public
housing officials. The anticipated agreements would relate to the
provision of police services to public housing residents by municipal
police, access to emergency services, baseline services provided to
public housing residents, reporting of crimes city-wide and in public
housing, and other items that may be of mutual interest to the city
and/or housing authority. In this task, the cities would be selected
through joint discussion between HUD and the vendor.
(iii) Task 3--Technical Assistance. The grantee shall work with the
designated housing authorities and local governments to provide
technical assistance to each of the housing authorities to facilitate
effective relationships and improve law enforcement service delivery.
The grantee will provide technical assistance to housing authorities to
assist in implementing the recommendations identified in the course of
implementing Tasks 1 and 2.
(iv) Task 4--Required Reports. The grantee shall provide HUD a
written report on the proposed implementation plan for each public
housing police department, and the 15 HAs without police departments
where the grantee is to provide technical assistance between the HA and
local government, prior to implementing any activities. It is
understood that the recommendations for one public housing police
department may apply in another public housing police department;
however, each housing police department is to have a separate report
with recommendations, costs, suggested sources of funding, staffing
implications, and timelines.
(e) Application submission requirements.
(1) Applicants must submit a completed application for Federal
Assistance (Standard Form 424). The SF-424 is the face sheet for the
application. The applicant will provide budget information on Standard
Form 424A, including a program narrative, a detailed budget narrative
with supporting cost analysis. The applicant will identify their legal
and accounting services that will be used.
(2) Application format requirements:
(i) Applicant's cover letter.
(ii) TAB 1--Standard Form 424, Application for Federal Assistance.
(iii) TAB 2--Standard Form 424A, Budget Information with attached
program narrative, a detailed budget with budget narrative with
supporting cost analysis and legal and accounting services. The
narrative must include the applicant's financial capability, i.e., the
fiscal controls and accounting procedures which assure that Federal
funds will be accounted for properly. The applicant must demonstrate
that it has the management and financial capability to effectively
implement a project of this size and scope. The applicant must submit a
five year strategy which includes the first year budget of $1.5 million
with 4 option years of comparable funding amounts.
(iv) TAB 3--Program implementation plan (Tasks 1-4). Applicants
must prepare a plan that describes clearly and in detail the strategy
and structure for the implementation of all tasks within this NOFA:
(A) The first year of project implementation, identifying:
(1) Each task that will be initiated in the first year;
(2) A plan to implement task 1, 3 and 4 throughout all of the below
listed 11 designated housing authorities over the course of the five
year strategy--Baltimore HA and Community Development, Baltimore, MD;
Boston HA, Boston, MA; Chicago HA, Chicago, IL; Cuyahoga Metropolitan
HA, Cleveland, OH; HA of the City of Los Angeles, Los Angeles, CA;
Newark HA, Newark, NJ; HA of the City of Oakland, Oakland, CA;
Philadelphia HA, Philadelphia, PA; Buffalo HA, Buffalo, NY; HA of the
City of Pittsburgh, Pittsburgh, PA; and the HA of the City of
Waterbury, Waterbury, CT. The plan must indicate where the tasks
initiated in the first year will be carried out; and
(3) A plan to implement Tasks 2, 3 and 4 for a minimum of 15 cities
throughout all of the cities in the first year.
(4) There must be a time-task plan which clearly identifies the
major milestones and products, organizational responsibility, and
schedule for the completion of activities and products.
(v) TAB 3A--First year timetable. A timetable for the completion of
each task initiated in the first year, which may extend beyond the
first year.
(vi) TAB 3B--Five year timetable. A timetable for initiation and
completion of each remaining task over the five year period.
(vii) TAB 4--Applicant's corporate qualifications.
(A) Each applicant must fully describe its organizational
structure, staff size, and prior experience in community policing and
security issues in public housing and/or other programs designed to
provide security to residents of public housing. Applicants must
demonstrate that their organizational structure, staff size, and prior
experience is sufficient to implement effectively a project of this
size and scope. In addition, the applicant must demonstrate experience
in conducting assessments of security/law enforcement in public
housing; executive experience in managing and implementing
accreditation of law enforcement agencies; and experience in technical
physical security in both public housing and the private sector.
(B) The plan must include an annotated organizational chart
depicting the roles and responsibilities of key organizational and
functional components and a list of key personnel responsible for
managing and implementing the major elements of the program.
(viii) TAB 5--Qualifications of the Program Staff. Applicant must
fully describe the capabilities and work experience of all key staff
who will be working on this project. Applicants must include a staffing
plan to fulfill the requirements of the required tasks, including staff
titles and the staff's related educational background, experience, and
skills; and the time each will be required to contribute to the
project.
(ix) TAB 6--Representations, certifications, and other statements
of the vendor.
(A) Certification Regarding Federal Employment.
(B) Certification of Procurement Integrity.
(C) Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions.
(D) SF-LLL Disclosure of Lobbying Activities.
(E) Certification Regarding Debarment, Suspension, Proposed
Debarment, and other Responsibility Matters.
(F) Certification Regarding Drug-Free Workplace Requirements.
(G) Prior to award execution, a successful applicant must submit a
certification that it will comply with:
(1) Section 3 of the Housing and Community Development Act of 1968,
Employment Opportunities for Lower Income Persons in Connection with
Assisted Projects (12 U.S.C. 1701u), and with implementing regulations
at 24 CFR part 135. Section 3 requires, that to the greatest extent
feasible, opportunities for training and employment be given to lower
income residents of the project area within the unit of local
government or metropolitan area (or nonmetropolitan county) and for
work in connection with the project to be awarded to eligible
businesses located in or owned in substantial part by persons residing
in the area;
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at 24 CFR part 1; and
(3) The prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR part 146, and the prohibitions
against discrimination against persons with disabilities individuals
under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8.
(x) Applicants wishing to make a personal presentation before the
selection panel in support of their written application may schedule a
presentation by contacting Malcolm E. Main on (202) 708-1197. All
presentations must be scheduled by the application due date.
(f) Selective Criteria/Factors for Award. The Department will award
the grant to the applicant(s) that best meets all of the factors below.
All applications will be evaluated in accordance with the following
factors (their weights are indicated in parentheses). Applicants shall
provide a statement within their proposals that addresses each of the
factors listed below. Applications will be reviewed and rated according
to the extent to which they meet the following factors, which total 100
points:
(1) Technical Soundness and Understanding of the Application (25
Points Maximum).
(i) Technical Soundness of the Application (12 Points Maximum). The
technical quality, clarity, creativity, thoroughness, specificity, and
feasibility of the application and methodology should be reflected as
the application is assessed on the basis of:
(A) The level of detail in which the application describes how it
will implement each activity required in the project Tasks 1-4;
(B) The extent to which the application provides a technically
sound and cost effective means for designing and implementing changes
in public housing police departments.
(ii) Basic Understanding of Security Issues in Public Housing as
Well as Programs Designed to Provide Security to Residents of Public
Housing (13 Points Maximum). The application will be assessed based on
the extent to which it demonstrates a clear understanding of the
security issues in public housing as well as programs designed to
provide security to residents of public housing, particularly as the
knowledge relates to all Tasks.
(2) Organizational Management and Capabilities (25 Points Maximum).
Grantees must demonstrate their ability to manage, organize and
complete on schedule all of the tasks and responsibilities associated
with this project.
(i) Project Director (13 Points Maximum).
(A) The extent to which the proposed Project Director has:
(1) Executive experience in managing projects of a similar type and
scope, including proven ability to manage the performance of complex
multi-site projects within the time and resource limits;
(2) Executive experience in managing projects involving law
enforcement in cities with populations of 500,000 or more;
(3) A clear understanding of the methodology and techniques
necessary to perform the tasks of this grant;
(4) Executive experience in designing and implementing, for police
departments of various sizes, law enforcement systems and community
policing policies and procedures that include the following:
(A) Organization and management.
(B) Personnel management.
(C) Patrol operations.
(D) Criminal investigations.
(E) Dispatch, records, and property.
(F) Management systems.
(G) Crime analysis system.
(H) Crime prevention.
(I) Police department accreditation.
(J) Community Policing.
(ii) Project Staff (12 Points Maximum).
(A) The extent to which technical and management staff members
proposed for the project have:
(1) Demonstrated extensive experience in police program
development, research, management, curriculum design, training
development, delivery and on-site technical assistance delivery which
involved community policing; and
(2) Relevant technical skills and prior experience of proposed
individuals that display ability to handle complex issues relating to
public housing security and implementing revisions to organizations.
(B) The extent to which the proposed staff has:
(1) Implemented community policing, law enforcement policy,
practices and procedures.
(2) Expertise on a management and administrative level--with
Federal and/or local law enforcement, technical security design
experience, and law enforcement training.
(3) Quality of Management and Work Plan (30 Points Maximum).
(i) Soundness and completeness of the overall plan for the
allocation of resources and schedule to accomplish the tasks of work
within the contract time frame, including: feasibility, clarity and
completeness of work assignment plan and schedule of tasks; delineation
of task responsibilities and accountability and communication among
project staff and between grantee and HUD; reasonableness and
completeness of procedures for supervising and coordinating task
performance of project staff; and, adequacy of controls over scheduling
and expenditures. (15 points maximum)
(ii) Appropriateness of the proposed level of effort to be provided
by the Project Director, key professional staff, supporting staff and
principal authors of the application. (15 points maximum)
(4) Corporate and Management Expertise (20 Points Maximum).
(i) Ability of the applicant to conduct high quality work within
the contract time frame and budget.
(ii) Ability of the applicant to provide stability, continuity and
uniformity of both staff and management.
(iii) Successful experience in managing and implementing HUD or
other federal agency contracts.
(g) Review Process. Applications submitted in response to this
competitive announcement will be reviewed by a panel of HUD
representatives, which will make recommendations to the Assistant
Secretary for Public and Indian Housing, Department of Housing and
Urban Development based upon the applicant's score. The panel will
assign numerical values based on the weighted selection factors. In the
case of a tie, preference will be given to the highest numerical score
for the Program Implementation Plan (TAB 3 of the application). The
final award decision will be made by the Assistant Secretary for Public
and Indian Housing, Department of Housing and Urban Development.
Letters will be sent to all applicants notifying them that their
proposal has been selected or the reason(s) it was not selected. HUD
will then negotiate specific terms of the award with the selected
applicant.
(h) Administrative requirements.
(1) Award Period. A cost-reimbursable grant for $1.5 million for a
1-year base period, with 4 option years. The applicant must submit a
five year strategy which includes the first year budget of $1.5
million. Each additional fiscal year award will be for comparable
amounts if funds are appropriated.
(2) Grant Agreement. After the application has been approved, HUD
and the applicant shall enter into a grant agreement setting forth the
amount of the grant and its applicable terms, conditions, financial
controls, payment mechanism/schedule, report requirements, and special
conditions.
(3) Award Orientation. Within the first week after the effective
date of the grant, the Project Director and all key personnel shall
attend a meeting at HUD Headquarters in Washington, DC, for the purpose
of establishing a common understanding with respect to the purposes of
the grant, the scope of work necessary to achieve the purposes, the
time frame, methodology, and deliverables.
(4) Management and Work Plan. The grantee shall develop a draft
management and work plan that addresses all of the task requirements.
This draft plan shall be submitted to HUD for review and comment by the
end of the second week of the grant, setting forth the timing of all
stages of the project outlined in the tasks below, describing the
techniques, materials and experiences of staff for this project. The
plan shall include a detailed allocation of grant resources and a
schedule for the accomplishment of the grant work. HUD shall submit its
comments and suggestions to the grantee within one week from receipt of
the draft plan. A Final Management and Work Plan incorporating HUD's
comments and suggestions shall be submitted by the end of the third
week of the grant.
II. Other Matters
Environmental Impact. A grant under this program is categorically
excluded from review under the National Environmental Policy Act of
1969 (NEPA) in accordance with 24 CFR part 50.20(p). However, prior to
an award of grant funds, HUD will perform an environmental review to
the extent required by HUD's environmental regulations at 24 CFR part
50, including the applicable related authorities at 24 CFR 50.4.
Federalism Impact. The General Counsel, as the Designated Official
under section 6(a) of Executive Order 12612, Federalism, has determined
that the policies contained in this notice will not have substantial
direct effects on States or their political subdivisions, or the
relationship between the Federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government and, therefore, the provisions of this notice do not have
``federalism implications'' within the meaning of the Order. The notice
implements a program that encourages HAs to develop a plan for
addressing the problem of drug-related crime, and makes available
grants to HAs to help them carry out their plans. As such, the program
would help HAs combat serious drug-related crime problems in their
developments, thereby strengthening their role as instrumentalities of
the States. In addition, further review under the Order is unnecessary,
since the notice generally tracks the statute and involves little
implementing discretion.
Family Impact. The General Counsel, as the Designated Official for
Executive Order 12606, the Family, has determined that the provisions
of this grant have the potential for a positive, although indirect,
impact on family formation, maintenance and general well-being within
the meaning of the Order. As such, this grant is intended to improve
the quality of life of public and Indian housing development residents,
including families, by reducing the incidence of drug-related crime.
Section 102 HUD Reform Act--Documentation and Public Access
Requirements; Applicant/Recipient Disclosures
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 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 quarterly Federal
Register notice of all recipients of HUD assistance awarded on a
competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942), for
further information on these requirements.)
Disclosures. HUD will make available to the public for five years
all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. (See 24 CFR subpart C, and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942), for
further information on these disclosure requirements.)
Section 103 HUD Reform Act
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 was published May 13,
1991 (56 FR 22088) and became effective on June 12, 1991. That
regulation, 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 who have questions should contact the HUD Office of
Ethics (202) 708-3815. (This is not a toll-free number.) The Office of
Ethics can provide information of a general nature to HUD employees, as
well.
Section 112 HUD Reform Act
Section 13 of the Department of Housing and Urban Development Act
contains two provisions dealing with efforts to influence HUD's
decisions with respect to financial assistance. The first imposes
disclosure requirements on those who are typically involved in these
efforts--those who pay others to influence the award of assistance or
the taking of a management action by the Department and those who are
paid to provide the influence. The second restricts the payment of fees
to those who are paid to influence the award of HUD assistance, if the
fees are tied to the number of housing units received or are based on
the amount of assistance received, or if they are contingent upon the
receipt of assistance. Section 13 was implemented by final rule
published in the Federal Register on May 17, 1991 (56 FR 22912). If
readers are involved in any efforts to influence the Department in
these ways, they are urged to read the final rule, particularly the
examples contained in Appendix A of the rule.
Prohibition Against Lobbying Activities
The use of funds awarded under this grant 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) (The ``Byrd Amendment'') and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative branches
of the federal government in connection with a specific contract,
grant, or loan. The prohibition also covers the awarding of contracts,
grants, cooperative agreements, or loans unless the recipient has made
an acceptable certification regarding lobbying.
Under 24 CFR part 87, applicants, recipients, and subrecipients of
assistance exceeding $100,000 must certify that no federal funds have
been or will be spent on lobbying activities in connection with the
assistance.
Authority: Sec. 5127, Public Housing Drug Elimination Act of
1988 (42 U.S.C. 11901 et seq.); sec. 7(d), Department of Housing and
Urban Development Act (42 U.S.C. 3535(d)).
Dated: June 20, 1994.
Michael B. Janis,
General, Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-15556 Filed 6-27-94; 8:45 am]
BILLING CODE 4210-33-P
