[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)] [Notices] [Pages 3324-3329] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-958] [[Page 3323]] _______________________________________________________________________ Part V Department of Housing and Urban Development _______________________________________________________________________ Office of the Assistant Secretary for Public and Indian Housing _______________________________________________________________________ Public Housing Drug Elimination Technical Assistance Program; Funding Availability--FY 1995; Notice Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices [[Page 3324]] DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of the Assistant Secretary for Public and Indian Housing [Docket No. N-95-3841; FR-3790-N-01] Public Housing Drug Elimination Technical Assistance Program; Funding Availability--FY 1995 AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Public Housing Drug Elimination Technical Assistance Program Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1995. ----------------------------------------------------------------------- SUMMARY: This NOFA announces the FY 1995 availability of $3 million to fund qualified applicants. The purpose of this program is to provide short-term technical assistance to public housing agencies (PHAs), Indian housing authorities (IHAs), resident management corporations (RMCs), and incorporated resident councils (RCs) that are combating drug-related crime and abuse of controlled substances in public and Indian housing communities. These funds reimburse consultants who provide expert advice and work with housing authorities or resident councils to assist them in gaining skills and training to eliminate drug abuse and related problems from public housing communities. This document describes the purpose of the NOFA, applicant eligibility, selection criteria, eligible and ineligible activities, application processing, consultant eligibility, and consultant application processing. DATES: This NOFA is effective January 13, 1995. Technical assistance applications and consultant application kits may be immediately submitted to the address specified in the application kit. There is no application submission deadline for the short-term technical assistance funds available under this NOFA. Technical assistance applications will be reviewed on a continuing basis, until funds available under this NOFA are expended. ADDRESSES: (a) An application kit may be obtained from the local HUD Field Office with jurisdiction or by calling HUD's Drug Information and Strategy Clearinghouse at (800) 578-3472; or for hearing- or speech- impaired persons (202) 708-0850 (TDD) (The TDD number is not a toll- free number). The application kit contains information on all exhibits and requirements of this NOFA. (b) An applicant must submit the application to the address specified in the application kit. (c) In addition, applicants must simultaneously forward a copy of these documents to the HUD Field Office or Office of Native American Programs with jurisdiction over the relevant housing authority. This copy must be addressed to Director, Public Housing Division, or Administrator, Office of Native American Programs, as appropriate. FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Crime Prevention and Security Division (CPSD), Office of Community Relations and Involvement (OCRI), Room 4116, Department of Housing and Urban Development, 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 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 (44 U.S.C. 3501- 3520), and assigned OMB control number 2577-0133. I. Purpose and Substantive Description (a) Authority Funds for both training and this technical assistance (TA) program have been appropriated by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327, approved September 28, 1994). The TA program is intended to provide immediate, short-term (90 days for completion) training, recommendations, and assistance to assess needs, train staff and residents, identify and design appropriate strategies to eliminate drugs and drug-related crime, and generally prepare and educate public housing and resident organization staff and residents to address problems related to crime and the abuse of controlled substances in public housing communities. HUD encourages housing authorities and eligible resident organizations with or without a drug elimination grant in their communities to use this resource. Technical assistance is not intended for program implementation or the financial support of existing programs. (b) Allocation Amounts The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327, approved September 28, 1994) appropriated $290 million for the Drug Elimination Program, of which $3 million is to be used for funding this technical assistance and training program. Of this $3 million, not more than $200,000 may be used for applicants who received sufficient points for funding under the Fiscal Year (FY) 1994 Notice of Funding Availability (NOFA) after FY 1994 funds were exhausted. The remaining amount will be available for new applications for short-term technical assistance of up to $25,000 per request. (c) Eligibility The following is a listing of eligible applicants, eligible consultants, eligible activities, ineligible activities, and general program requirements under this NOFA. (1) Eligible Applicants (i) Public housing agencies (PHAs), Indian housing authorities (IHAs), incorporated resident councils (RCs), resident organizations (ROs) in the case of IHAs, and resident management corporations (RMCs) are eligible to receive short-term technical assistance services under this NOFA. (ii) An eligible RC or RO must be an incorporated nonprofit organization or association that meets each of the following requirements: (A) It must be representative of the residents it purports to represent. (B) It may represent residents in more than one development or in all of the developments of a PHA or IHA, but it must fairly represent residents from each development that it represents. (C) It must adopt written procedures providing for the election of specific officers on a regular basis (but at least once every three years). (D) It must have a democratically elected governing board. The voting membership of the board must consist of residents of the development or developments that the resident organization or resident council represents. (iii) An eligible RMC must be an entity that proposes to enter into, or that enters into, a management contract with a PHA under 24 CFR part 964, or a management contract with an IHA. An RMC must have each of the following characteristics: (A) It must be a nonprofit organization that is incorporated under the laws of the State or Indian tribe in which it is located. (B) It may be established by more than one resident organization or resident [[Page 3325]] council, so long as each such organization or council: (1) Approves the establishment of the corporation; and (2) Has representation on the Board of Directors of the corporation. (C) It must have an elected Board of Directors. (D) Its by-laws must require the Board of Directors to include representatives of each resident organization or resident council involved in establishing the corporation. (E) Its voting members must be residents of the development or developments it manages. (F) It must be approved by the resident council. If there is no council, a majority of the households of the development must approve the establishment of such an organization to determine the feasibility of establishing a corporation to manage the development. (G) It may serve as both the resident management corporation and the resident council, so long as the corporation meets the requirements of 24 CFR part 964 for a resident council. (In the case of a resident management corporation for an Indian Housing Authority, it may serve as both the RMC and the RO, so long as the corporation meets the requirements of this NOFA for a resident organization.) (iv) Applicants are eligible to apply to receive technical assistance if they are already receiving technical assistance under this program, as long as the request creates no scheduling conflict with other TA requests from the same applicant. (v) Applicants are eligible to apply to receive technical assistance whether or not they are already receiving drug elimination funds under the Public Housing Drug Elimination Program. (vi) In circumstances determined by HUD to be crime and drug- related and to require immediate attention because of drug and crime issues, eligible parties may receive technical assistance initiated and approved by HUD. These circumstances may include, for example, consistently poor applications for drug elimination funds, the need for training, pervasive drug-related violence, disputes among tenants, and disputes between tenants and management. HUD will use the procedures of this NOFA to select a consultant in these cases. (vii) The applicant must have substantially complied with the laws, regulations, and Executive Orders applicable to the Drug Elimination TA Program, including applicable civil rights laws. Noncompliance may be evidenced by: an outstanding finding of civil rights noncompliance, unless the applicant demonstrates that it is operating in compliance with a HUD-approved compliance agreement designed to correct the area(s) of noncompliance; an adjudication of a civil rights violation in a civil action brought against it by a private individual, unless the applicant demonstrates that it is operating in compliance with a court order designed to correct the area(s) of noncompliance; a deferral of Federal funding based upon civil rights violations; a pending civil rights suit brought against it by the Department of Justice; or an unresolved charge of discrimination issued against it by the Secretary under section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103.400. (2) Eligible Consultants Consultants who want to provide short-term technical assistance services under this NOFA must be listed in the Consultant Database approved by HUD's Crime Prevention and Security Division (CPSD). To be included in that database, consultants must complete, in accordance with the requirements of section I(c)(2)(ii), below, of this NOFA, a consultant application packet available from the Drug Information and Strategy Clearinghouse at (800) 578-3472, or (202) 708-0850 (TDD), and submit the packet to the address specified in the application kit. (The TDD number is not a toll-free number.) (i) Consultant eligibility. HUD is seeking individuals or entities who have experience working with public or Indian housing or other low- income populations to provide short-term technical assistance under this NOFA. Consultants who have previously been deemed eligible and are part of the TA Consultant Database need not reapply, but they are encouraged to update their file with more recent experience and rate justification. To qualify as eligible consultants, individuals or entities should have experience in one or more of the following general areas: (A) PHA/IHA-related experience: agency organization and management; facility operations; program development; experience working with residents and community organizations. (B) Anti-crime- and anti-drug-related experience: prevention/ intervention programs; enforcement strategies; alternative programs. (C) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs, incorporated resident councils and resident organizations, and public and Indian housing residents, with experience in the above areas, to submit a consultant application for eligibility under this NOFA. Eligible consultants will be entered into the Consultant Database for possible recommendation to technical assistance applicants. (ii) Applying to be a consultant. Individuals or entities interested in being listed in the TA Consultant Database should prepare their applications and send them to the address specified in the application kit. Before they can be entered into the Consultant Database, consultants must submit an application that includes the following information: (A) The Consultant Resource Inventory Questionnaire, including three references; (B) A resume; (C) A narrative statement regarding the consultant's experience in the specific skills identified on the Resource Inventory Questionnaire, and outlining the consultant's overall approach; (D) Evidence submitted by the consultant to HUD that documents the standard daily fee previously paid to the consultant for technical assistance services similar to those requested under this NOFA. For consultants who can justify up to the equivalent of ES-IV per day, this evidence can include an accountant's statement, W-2 Wage Statements, or payment statements, and it should be supplemented with a signed statement or other evidence from the employer of days worked in the course of the particular project (for a payment statement) or the tax year (for a W-2 Statement). For consultants who can justify above the equivalent of ES-IV per day, there must be three forms of documentation of the daily rate: (1) A previous payment statement showing the daily rate paid, or the overall amount paid and the number of days for work of a similar nature to that offered in this TA program; (2) a certified accountant's statement outlining the daily rate; and (3) a signed statement from the consultant that the certified daily rate was charged for work of a nature similar to that being provided for the Drug Elimination Technical Assistance Program. The accountant must be able to demonstrate independence from the consultant's business. (iii) Consultant payment. HUD will determine a specific fee to pay a consultant under this NOFA based upon the evidence submitted in section I(c)(2)(ii)(D), above, of this NOFA. (iv) Conflicts of interest. In addition to the conflict of interest requirements in 24 CFR part 85: (A) No person who is an employee, agent, officer, or appointed official of the applicant may be funded as a consultant to the applicant by this Drug [[Page 3326]] Elimination Technical Assistance Program. (B) Consultants who wish to provide drug elimination technical assistance services through this program may not have any involvement in the preparation or submission of the TA proposal that requests their services. Any involvement of the consultant will be considered a conflict of interest, which makes the consultant ineligible for providing consulting services to the applicant and could disqualify the consultant from future consideration. (3) Eligible Activities To assist the eligible applicants identified in section I(c)(1), above, of this NOFA, in responding immediately to drug-related problems in public and Indian housing developments, HUD has supplemented the Public Housing Drug Elimination Program (PHDEP) and Youth Sports Program (YSP) with funds for short-term technical assistance. Short- term technical assistance means that consultants shall only be reimbursed for a maximum of 30 days of work, which must be completed in less than 90 days from the date of the approved statement of work. The TA program is intended to provide short-term, immediate assistance to PHAs, IHAs, RMCs, RCs, and ROs in developing and/or implementing their strategies to eliminate drugs and drug-related crime. The program will fund the use of consultants who can provide the necessary consultation and/or training for the types of activities outlined below, or to fund the use of consultants who will assist the applicant in undertaking a task such as program planning and development for future strategies to eliminate drugs and drug-related crime, or conducting a needs assessment or survey. To assist housing authorities and resident councils, the TA program funds efforts in: (i) Assessing drug problems in public or Indian housing development(s) and surrounding community(ies); (ii) Designing and identifying appropriate anti-crime and anti- drug-related practices and programs in the following areas: (A) Law enforcement strategies, including negotiating with the local police, working with Federal law enforcement, Operation Safe Home, Weed and Seed, and other federal anti-crime efforts; (B) Management techniques; (C) Youth initiatives; (D) Family management/parenting; (E) Resident intervention and assistance programs; (F) Community organization and leadership development; and (G) Other areas that meet the purposes of eliminating drugs and drug-related crime described in this NOFA, as determined by HUD. (iii) Training for housing authority staff and residents in anti- crime and anti-drug practices, programs, and management; (iv) Improving overall agency management, operations, and programming so that the applicant can more effectively respond to crime and drug problems in the targeted public housing development(s). (4) Ineligible Activities (i) Funding is not permitted for any type of monetary compensation for residents unless they are listed in the TA Consultant Database and are working as consultants. (ii) Funding is not permitted for any activity that is funded under any other HUD program. (iii) Funding is not permitted for salary or fees to the staff of the applicant, or former staff of the applicant within a year of his or her leaving the housing authority or resident organization. (iv) Funding is not permitted for underwriting conferences. (v) Funding is not permitted for conference speakers unless the speaker will also be providing additional TA as outlined in the eligible activities in sections I(c)(3) (i)-(iv), above, of this NOFA. (vi) Funding is not permitted for program implementation, proposal writing, the purchase of hardware or equipment, or any activities deemed ineligible in the Drug Elimination Program, excluding consultant's fees. (5) General Program Requirements (i) Applications for short-term technical assistance may be funded up to $25,000 per request, with HUD providing payment directly to the authorized consultant for the consultant's fee, travel, room and board, and other approved costs. (ii) Applicants that have not previously received technical assistance under this program may submit only one application initially. After the applicant's initial technical assistance report has been received and reviewed by HUD or the contractor administering the program, as appropriate, the applicant may submit multiple applications. (d) Selection Criteria/Ranking Factors An application must include the minimum required elements and cannot request assistance for ineligible activities as listed in I(c)(4), above, of this NOFA. Applications will be scored according to the criteria outlined below: (1) The extent to which the applicant needs short-term technical assistance. This will be measured by the applicant's discussion of the problems that triggered the request for assistance under this NOFA. (Maximum points: 10) (2) The extent to which the applicant clearly describes the kind of technical assistance and skills needed to address the problems, and how well the technical assistance requested will address the problems. (Maximum points: 10) (3) The likelihood that the requested technical assistance will assist the applicant's current strategy to eliminate drugs and drug- related crime, as described in the application; or, if the applicant does not currently have a strategy, the extent to which the technical assistance will help them develop a strategy to eliminate drugs and drug-related crime. (Maximum points: 10) (e) Application Review, Awards, and Payment (1) Application Review Applications will be reviewed as they are received, and will be time- and date-stamped to determine their order of receipt. An application must include both the descriptive letter (or form provided in the application kit) and certification statement (or form provided in the application kit) to be eligible for funding. All applications that qualify on the basis of the minimum required elements will be scored on the basis of the selection criteria in section I(d), above, of this NOFA. Applications that receive a total of 15 or more points, with no less than 3 points in any of the three selection criteria in section I(d), above, of this NOFA will be eligible for funding. Eligible applications will be funded in the order in which negotiations for a statement of work are completed between the consultant and the program administrator until all funds are expended. The basis for each funding decision under this section will be documented. (2) Application Awards (i) If the application includes the descriptive letter (or forms) requesting eligible activities, the certification statement (or form), and scores at least 15 points as described in section I(e)(1), above, of this NOFA, it is eligible for funding. If sufficient funds are available [[Page 3327]] to fund the technical assistance request, staff will confer with the applicant to confirm the work requirements. The TA Consultant Database will be searched to choose at least three consultants who: (1) Have a principal place of business or residence located within a reasonable distance from the applicant, as determined by HUD or its agent; or (2) appear to have the requisite knowledge and skills to assist the applicant in addressing its needs. The applicant's preference for a consultant will be taken into account. An employee of a housing agency (HA) may not serve as a consultant to his or her employer. An HA employee who serves as a consultant to someone other than his or her employer must be on annual leave to receive the consultant fee. A list of the suggested consultants will be forwarded to the applicant. From this list, the applicant will recommend a consultant to provide the requested technical assistance. Instructions for consultants who wish to be included in the TA Consultant Database are outlined above in section I(c)(2)(ii), above, of this NOFA. (ii) The applicant must contact each TA consultant from the list provided. After making contact with each consultant, the applicant must send a written justification to HUD with a list of the consultants in order of preference, indicating any that are unacceptable, and state the reasons for its preference. There is no guarantee that the applicant's first preference will be approved. Consultants will only be approved for the TA if the request is not in conflict with other requests for the consultant's services. (iii) Staff designated by HUD will work with the consultant and applicant to develop a statement of work that includes a timeline and estimated budget. The statement of work should also include a discussion of the kind of technical assistance and skills needed to address the problem, and how the technical assistance requested will address these needs; and a description of the current crime and drug elimination strategy, and how the requested technical assistance will assist that strategy. If the applicant does not currently have a strategy, there should be a statement of how the technical assistance will help them develop a crime and drug elimination strategy. When the statement of work is approved, the consultant will be authorized to start work. The consultant must receive written authorization from HUD or its authorized agent before he or she can begin to provide technical assistance under this NOFA. The applicant and the relevant Field Office or Office of Native American Programs will also be notified. Because this program is for short-term technical assistance, consultants shall only be reimbursed for a maximum of 30 days of work, which must be completed in fewer than 90 days from the date of the approved statement of work. (3) Payment of TA Consultants. The consultant must submit a report of its activities, findings and recommendations, a fee invoice, and expenses and original receipts to the address specified in the application kit. A copy of the report must also be submitted to the applicant. The ``Guidelines for Consultants'' book, available from the Clearinghouse, describes the required elements of these reports. After the report and expenses have been approved, and a verbal or written evaluation is received from the applicant, payment will be issued to the consultant. II. Application Process (a) Application Kit. An application kit may be obtained from the local HUD Field Office or Office of Native American Programs, or by calling HUD's Drug Information and Strategy Clearinghouse at (800) 578-3472 or (202) 708- 0850 (TDD). (The TDD number is not a toll-free number). The application kit contains information on all exhibits and requirements of this NOFA. (b) Application Submission. This NOFA is effective upon publication. Short-term (90 days for completion) technical assistance applications and consultant application kits may be immediately submitted to the address specified in the application kit. There is no application submission deadline for the short-term technical assistance grants available under this NOFA. Technical assistance applications will be reviewed on a continuing first-come, first-served basis, until funds under this NOFA are no longer available. (1) An applicant must submit the application and the necessary assurances to the address specified in the application kit. (2) In addition, applicants must simultaneously forward a copy of these documents to the HUD Field Office or Office of Native American Programs with jurisdiction over the relevant housing authority. This copy must be addressed to Director, Division of Public Housing, or Administrator, Office of Native American Programs, as appropriate. III. Checklist of Application Submission Requirements Each application for a grant under this program must include the following: (a) An application will not be considered for funding unless it includes, at a minimum, the following elements: (1) An application letter of no more than four pages that responds to each of the selection criteria in section I(d), above, of this NOFA, or the completed application forms available in the application kit; and (2) A certification statement, or the form provided in the application kit, signed by the executive director of the housing authority and the authorized representative of the RMC or incorporated RC or RO, certifying that any technical assistance received will be used in compliance with all requirements in the NOFA; (b) HUD Form 2880; and (c) If the applicant has a particular consultant to recommend to provide the technical assistance, the response should identify the consultant and the basis for the recommendation. A consultant recommended by an applicant is not guaranteed to be approved to provide the requested technical assistance. If the consultant recommended by an applicant is not listed in the Consultant Database approved by HUD's Crime Prevention and Security Division (CPSD), the consultant must apply as outlined in section I(c)(2)(ii), above, of this NOFA. These consultant applications to be included in the TA Consultant Database will be given expedited review by HUD. However, a consultant must be listed to be eligible for funding under this NOFA. IV. Corrections to Deficient Applications (a) HUD will notify an applicant, in writing or by telephone, of any curable technical deficiencies, such as a missing signature in the application. A log of telephone notifications will be maintained. The applicant must correct the deficiency in accordance with the information specified in HUD's notification. The application will not be given further consideration until the deficiency is corrected. (b) Curable technical deficiencies relate to items that are not necessary to make a determination of an applicant's eligibility. The items necessary for this determination are listed at section III(a), above, of this NOFA, although missing signatures on the application letter, certification, or forms are curable. [[Page 3328]] V. Other Matters (a) Nondiscrimination and Equal Opportunity The following nondiscrimination and equal opportunity requirements apply: (1) The requirements of title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3600-20) (Fair Housing Act) and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations, as amended by 54 FR 3232 (published January 23, 1989); Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR part 107; and 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; (2) The Indian Civil Rights Act (title II of the Civil Rights Act of 1968) (25 U.S.C. 1301-1303) (ICRA) provides that no Indian tribe in exercising powers of self-government shall deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law. The Indian Civil Rights Act applies to any tribe, band, or other group of Indians subject to the jurisdiction of the United States in the exercise of recognized powers of self-government. The ICRA is applicable in all cases where an IHA has been established by exercise of tribal powers of self-government. (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 individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8; (4) The requirements of Executive Order 11246 (Equal Employment Opportunity) and the regulations issued under the Order at 41 CFR Chapter 60; (5) The requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131) and implementing regulations at 29 CFR part 1640, 28 CFR part 35, and 28 CFR part 36. (6) The requirements of Executive Orders 11625, 12432, and 12138. Consistent with HUD's responsibilities under these Orders, recipients must make efforts to encourage the use of minority and women's business enterprises in connection with funded activities. (b) Use of Debarred, Suspended, or Ineligible Contractors Applicants for short-term technical assistance under this NOFA are subject to the provisions of 24 CFR part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. (c) Drug-Free Workplace Act of 1988 The requirements of the Drug-Free Workplace Act of 1988 and implementing regulations at 24 CFR part 24, subpart F apply under this notice. (d) Environmental Impact In accordance with 40 CFR 1508.4 of the regulations of the Council on Environmental Quality and 24 CFR 50.20(b) of the HUD regulations, the policies and procedures proposed in this document are determined not to have the potential of having a significant impact on the quality of the human environment, and therefore are categorically excluded from the requirements of the National Environmental Policy Act of 1969. Accordingly, a Finding of No Significant Impact is not required. (e) Family Impact The General Counsel, as the Designated Official for Executive Order 12606, the Family, has determined that the provisions of this NOFA have the potential for a positive, although indirect, impact on family formation, maintenance, and general well-being within the meaning of the Order. The NOFA is designed to assist housing authorities and resident organizations in their anti-drug-related efforts by providing short-term technical assistance. HUD expects that the provision of such assistance will better prepare and educate housing authority and resident organization officials to confront the widespread abuse of controlled substances in public housing communities. This, in turn, would indirectly affect the quality of life for housing residents. (f) Federalism Impact The General Counsel, as the Designated Official under section 6(a) of Executive Order 12612, Federalism, has determined that the provisions of this NOFA do not have federalism implications within the meaning of the Order. The NOFA provides short-term technical assistance to housing authorities and resident organizations to assist them in their anti-drug efforts in public housing communities. The involvement of resident organizations should greatly increase the success of the anti-drug efforts under this technical assistance program and therefore should have positive effects on the target population. As such, the program helps housing authorities to combat serious drug problems in their communities, but it does not have federalism implications. (g) Documentation and Public Access Requirements; Applicant/Recipient Disclosures: HUD Reform Act 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 generally 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.) Public Notice HUD will include recipients that receive assistance pursuant to this NOFA in its quarterly Federal Register notice of recipients of all HUD assistance awarded on a competitive basis. (See 24 CFR 12.16(b), and the notice published in the Federal Register on January 16, 1992 (57 FR 1942) for further information on these requirements.) (h) 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 HUD, 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, based on the amount of assistance received, or contingent upon the receipt of assistance. Section 13 was implemented by final rule published in the Federal Register [[Page 3329]] on May 17, 1991 (56 FR 22912) as 24 CFR part 86. If readers are involved in any efforts to influence HUD in these ways, they are urged to read the final rule, particularly the examples contained in Appendix A of the rule. Authority: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 (Pub. L. 102-389, approved October 6, 1992); Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327, approved September 28, 1994). Dated: January 9, 1995. Joseph Shuldiner, Assistant Secretary for Public and Indian Housing. [FR Doc. 95-958 Filed 1-12-95; 8:45 am] BILLING CODE 4210-33-P