[Federal Register: April 25, 2003 (Volume 68, Number 80)]


[Page 21001-22062]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[[Page 21001]]

Book 2 of 4 Books

Pages 21001-21504


Part II

Department of Housing and Urban Development


Super Notice of Funding Availability (SuperNOFA) for HUD's

Discretionary Programs for Fiscal Year 2003; Notice

[[Page 21002]]



[Docket No. FR-4800-N-01]

Super Notice of Funding Availability (SuperNOFA) for HUD's

Discretionary Programs for Fiscal Year 2003

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD

Discretionary Programs.


SUMMARY: This Fiscal Year (FY) 2003 SuperNOFA announces the

availability of approximately $2.3 billion in HUD program funds

covering 43 funding opportunities within programs operated and

administered by HUD offices. This General Section of the SuperNOFA

provides the application procedures and requirements that are

applicable to all the programs in this SuperNOFA unless otherwise

stated in the Program NOFA. The Program Section of this SuperNOFA

provides a description of the specific programs for which funding is

made available and describes any additional procedures and requirements

that are applicable to a specific program. Please be sure you read both

the General Section and the Program Section(s) of this SuperNOFA to

ensure you respond to all the requirements for all programs you will be

seeking funding.


section applies to all programs that are part of this SuperNOFA. You,

the applicant, must submit a completed application to HUD on or before

the respective program's application due date. Application due dates

can be found in the HUD FY 2003 SuperNOFA Funding Chart located in this

General Section. Information for each program is reiterated in the

appropriate Program Section of this SuperNOFA.


    Mailing and Receipt Procedures. The following procedures apply to

the delivery and receipt of applications in HUD Headquarters, the

Grants Management Center (GMC), and field offices. Please read the

following instructions carefully and completely as failure to comply

with these procedures may disqualify your application. HUD's delivery

and receipt policies are:

    [sbull] No hand deliveries will be accepted;

    [sbull] HUD will not accept any applications sent by facsimile;

    [sbull] Applications sent to the Robert C. Weaver HUD Headquarters

Building or the Public and Indian Housing Grants Management Center

(GMC) may be shipped using DHL, Falcon Carrier, Federal Express

(FedEx), United Parcel Service (UPS), or the United States Postal

Service (USPS), as access by other delivery services is not guaranteed.

HUD strongly suggests applicants use the delivery options listed above

because no other delivery services are allowed unescorted entry to the

HUD Headquarters Building and therefore deliveries by other services

are often turned away;

    [sbull] HUD strongly suggests applications submitted to HUD field

offices be sent via USPS, as access by other delivery services is not


    [sbull] With the exception of the Rural Housing and Economic

Development NOFA, all mailed applications must be postmarked on or

before midnight of their due date and received within fifteen (15) days

of the due date.

    [sbull] Applications for the Rural Housing and Economic Development

NOFA must be received by the deadline date. Application received after

the deadline date will not be considered.

    Proof of Timely submission. Except for the Rural Housing and

Economic Development NOFA, proof of timely submission of an application

in accordance with these requirements consists of the Certificate of

Mailing (USPS Form 3817) provided by the United States Post Office

showing timely mailing of the application on or before the application

due date. In the case of packages submitted to HUD via DHL, Falcon

Carrier, FedEX, or UPS, documentary proof of timely submission will be

the delivery service receipt indicating the application was submitted

to the delivery service on or before the application due date and,

through no fault of the applicant, delivery was not in time to meet the

filing deadline. Receipts from other than DHL, Falcon Carrier, FedEX,

or UPS, delivery services will not be accepted, as HUD cannot guarantee

delivery due to its Security procedures. Proof of timely submission to

HUD field offices will be the Certificate of Mailing (USPS Form 3817).

    Proof of receipt for the Rural and Economic Development NOFA is the

date HUD receives the application.

    Please remember that mail to federal facilities is screened prior

to delivery, so please allow time for your package to be delivered. If

an application does not meet the filing requirements it will not

receive funding consideration. If you mail your application to the

wrong location and the office designated for receipt in accordance with

these submission requirements does not receive it, your application

will be considered late and not be considered for funding. HUD will not

be responsible for directing it to the appropriate office.

    Addresses. You, the applicant, must submit a complete application

and the required number of copies to the locations identified in the

Program Section of this SuperNOFA. When submitting your application,

you must refer to the name of the program for which you are seeking

funding and include the correct room number to ensure that your

application is properly directed. Addresses for HUD Headquarters and

the Public and Indian Housing Grants Management Center (GMC) are in the

HUD 2003 SuperNOFA Funding Chart. Addresses for field offices are

listed in Appendix A-3 of the General Section of this SuperNOFA. For

applications directed to the Office of Native American Programs Field

Offices, please be sure to use the addresses provided in Appendix A-2,

Office of Native American Programs Address Listing. Please refer to the

Funding Chart or pertinent Program Section of the SuperNOFA for room

location or other additional information regarding address requirements

for your application submission. Please make sure that you note the

correct room number to ensure your application is not misdirected.

    Copies of Applications. The Program Section of this SuperNOFA may

specify that to facilitate the processing and review of your

application, one or more copies of the application also must be sent to

an additional HUD location (for example, a copy to the HUD field office

and the original application to HUD Headquarters). If you are required

to submit applications to HUD Headquarters (or the GMC) and field

offices, the determination that your application was received on time

will be made solely on receipt of the application at HUD Headquarters

or the GMC, as applicable. If an application received on time at HUD

Headquarters or GMC is not complete, but a complete copy was submitted

and received on time at a HUD field office, HUD may conduct its review

using the field office copy. See the information in Mailing and Receipt

Procedures and Proof of Timely Submission above for additional

information. If you do not submit the required number of copies HUD may

request that you provide the additional copies to the appropriate HUD

office(s) in accordance with the procedures described in Section VIII,

Corrections to Deficient Applications.

    Consolidated Application Submissions. If you, the applicant, are

applying for funding under more than one program in this SuperNOFA, you

[[Page 21003]]

need to submit only one original HUD-424, ``Application for Federal

Assistance,'' which includes the HUD-424B, ``Applicant Assurances and

Certifications.'' Page 2 of the HUD-424 allows you to list all the

programs for which you are seeking funding. Once you have submitted one

original set of forms, certifications, and assurances, you may send

copies of these standard items with any additional application you

submit. Make sure to specify the correct program on each copy of the

HUD-424 application form and indicate the program to which you have

submitted the original signature forms for the standard assurances and

certifications. Additionally, the Program Section may specify

additional forms, certifications, assurances, or other information that

may be required for a particular program in this SuperNOFA.


The information in this section is applicable to all programs that are

part of this SuperNOFA. This section describes how you may obtain

application forms, additional information about the SuperNOFA, and

technical assistance. Copies of all documents related to the SuperNOFA

may be downloaded from HUD's Web site, www.hud.gov or you may call

HUD's SuperNOFA Information Center at 1-800-HUD-8929 or for the

hearing-impaired, 1-800-HUD-2209. Copies of all materials may also be

ordered online from HUD's Web site.

    Application Kits. In response to concerns about the length of time

it takes for the publication and dissemination of application kits, HUD

has made an effort to improve the readability of our NOFAs and publish

all required forms and formats for application submission in the

Federal Register. As a result of this effort, you will not have to wait

for an application kit to begin to prepare your application for

funding. Our goal is to have all required forms and information needed

to apply for funding available to the public within the NOFA document

itself and available immediately upon publication of the NOFA and

downloadable from HUD's Web site at http://www.hud.gov. HUD is

continuing to streamline our programs and application submission

requirements and encourages the applicant community to offer additional

suggestions. Please pay attention to the submission requirements and

format for submission specified in the Program Section of the SuperNOFA

to ensure that you have submitted all required elements of your


    The published Federal Register document is the official document

that HUD uses to evaluate applications. Therefore, if there is a

discrepancy between any materials published by HUD in its Federal

Register publication and other information provided in hard copy or on

HUD's Web site, the Federal Register publication of the SuperNOFA

prevails. Therefore, please be sure to review your application

submission against the requirements in the Federal Register file of the

SuperNOFA. A PDF copy of the General Section and Program Section for

each program in the SuperNOFA is available on HUD's Web site at http://www.hud.gov

 and hard copies of these documents can be obtained from the

SuperNOFA Information Center by calling 1-800 HUD-8929 or for the

hearing-impaired, 1-800-HUD-2209.

    Guidebook and Further Information. A guidebook to HUD programs

titled ``Connecting with Communities: A User's Guide to HUD Programs

and the 2003 SuperNOFA Process'' is available from the SuperNOFA

Information Center and the HUD Web site at http://www.hud.gov. The

guidebook provides a brief description of all HUD programs, a

description of the SuperNOFA programs, eligible applicants for these

programs, and examples of how programs can work in combination to serve

local community needs. To obtain a guidebook, application kit, or print

copy of the General Section or program NOFA, call the SuperNOFA

Information Center at 1-800-HUD-8929 or 1-800-HUD-2209 (TTY).

    You may request general information, copies of the General Section

and Program Section of the SuperNOFA, and applications from the

SuperNOFA Information Center (1-800-HUD-8929 or 1-800-HUD-2209 (TTY))

between the hours of 9:00 AM and 8:00 PM (Eastern Time) Monday through

Friday, except on federal Holidays. When requesting information, please

refer to the name of the program you are interested in. Be sure to

provide your name, address (including zip code), and telephone number

(including area code). To ensure sufficient time to prepare your

application, requests for copies of this SuperNOFA can be made

immediately following publication of the SuperNOFA. The SuperNOFA

Information Center opens for business simultaneously with the

publication of the SuperNOFA. You can also obtain information on this

SuperNOFA and download application information for this SuperNOFA

through the HUD Web site, http://www.hud.gov.

    For Technical Assistance. Before the application due date, HUD

staff will be available to provide you with general guidance and

technical assistance about this SuperNOFA. However, HUD staff is not

permitted to assist in preparing your application. Following selection

of applicants, but before awards are made, HUD staff are available to

assist in clarifying or confirming information that is a prerequisite

to the offer of an award or Annual Contributions Contract (ACC) by HUD.


    Streamlining Federal Financial Assistance. The Federal Financial

Assistance Management Improvement Act of 1999 (Pub. L. 106-107) directs

each federal agency to develop and implement a plan that, among other

things, streamlines and simplifies the application, administrative, and

reporting procedures for federal financial assistance programs

administered by the agency. This law also requires the Director of the

Office of Management and Budget (OMB) to direct, coordinate, and assist

federal agencies in establishing (1) a common application and reporting

system and, (2) an interagency process for addressing ways to

streamline and simplify federal financial assistance application and

administrative procedures and reporting requirements for program


    This law also requires OMB to consult with the grantee community as

it works with the federal agencies to develop and implement the course

of action that would be undertaken by the federal agencies to establish

an electronic site for accessing funding information and applications.

Over the last two years, HUD has used its website to provide

information to the public about HUD's participation in Interagency

efforts to streamline grant and other financial assistance requirements

and to seek your input as the federal agencies work together to achieve

implementation. To find out about the work being done by the federal

agencies to streamline and consolidate the application and reporting

requirements, please go to http://www.hud.gov/offices/adm/grants/pl-106107/pl106-107.cfm

    eGrants Initiative. HUD is working with the 26 federal grant-making

agencies on President George W. Bush's eGrants Initiative. This

Initiative is an effort by federal agencies to develop a common

electronic application and reporting system for federal financial

assistance. This system will provide ``one-stop shopping'' for funding

opportunities for all federal programs. This system is being developed

in response to concerns that it is difficult for organizations to know

all the

[[Page 21004]]

funding available from the federal government and how to apply for

funding. It also is an effort by the federal government to develop

common application requirements, further streamlining the application

process, making it easier for you, our customers, to apply for funding.

The first segment of the eGrants Initiative focuses on allowing the

public to easily find funding opportunities and then apply via eGrants.

Funding decisions would still be under the control of the federal

agency sponsoring the program funding opportunity. To find out more

about the eGrants vision and implementation schedule, please visit our

website at http://www.hud.gov/offices/adm/grants/egrants/egrants.cfm



    This SuperNOFA is designed to make it easier to find and apply for

funding under a wide variety of HUD programs. The SuperNOFA provides a

``menu'' of HUD funding opportunities. From this menu, communities are

made aware of funding available for their jurisdictions. By providing

access to information about available funding at one time, HUD believes

applicants are better able to coordinate services within communities,

avoid duplication, and more efficiently serve those most in need of

assistance. Public housing agencies, local and state governments,

tribal governments and tribally-designated housing entities, veterans

service organizations, non-profit organizations, including grass-roots

faith-based and other community-based organizations, and others will be

able to identify the programs for which they are eligible.

Organization of the SuperNOFA

    The SuperNOFA is divided into two major sections, the General

Section and the Program Section. The General Section of the SuperNOFA

describes the procedures and requirements applicable to all

applications. For each funding opportunity, the Program Section

describes the eligible applicants, eligible activities, factors for

award, and any additional requirements or limitations. Please read both

sections carefully to be sure your application is complete. Your

attention to the sections will ensure that you apply for funding for

which your organization is eligible and that you fulfill all the

requirements for application submission.

    As part of the simplification of this funding process and to avoid

duplication of effort, the SuperNOFA provides for consolidated notices

and applications for several of the programs that are part of this

SuperNOFA. The funding chart in this introductory section of the

SuperNOFA identifies the programs that have been consolidated and for

which a consolidated application is made available to eligible


    HUD provides copies of all required forms in this publication.

Standard forms, certifications, and assurances applicable to all

programs are published in the General Section, Appendix B. The forms

and any additional certifications and assurances unique to an

individual program follow that program's section of the SuperNOFA.

    The specific statutory and regulatory requirements of the programs

that are part of this SuperNOFA continue to apply to each program. Each

SuperNOFA Program Section identifies, where necessary, the statutory

requirements and other unique requirements applicable to each specific

program. Please pay careful attention to the specific submission

requirements that are identified for each funding opportunity. Not all

applicants are eligible to receive assistance under all funding

opportunities identified in this SuperNOFA.


HUD's Strategic Goals

    Implementing HUD's Strategic Framework and Demonstrating Results.

HUD is committed to ensuring that programs result in the achievement of

HUD's strategic mission. To support this effort, grant applications

submitted for HUD programs will be rated on how well they tie proposed

outcomes to HUD's policy priorities and Annual Goals and Objectives,

and the quality of proposed Evaluation and Monitoring Plans. HUD's

Strategic Framework establishes the following Goals and Objectives for

the Department:

1. Increase Homeownership Opportunities

    [sbull] Expand national homeownership opportunities.

    [sbull] Increase minority homeownership.

    [sbull] Make the home buying process less complicated and less


    [sbull] Fight practices that permit predatory lending.

    [sbull] Help HUD-assisted renters become homeowners.

    [sbull] Keep existing homeowners from losing their homes.

2. Promote Decent Affordable Housing

    [sbull] Expand access to affordable rental housing.

    [sbull] Improve the physical quality and management accountability

of public and assisted housing.

    [sbull] Increase housing opportunities for the elderly and persons

with disabilities.

    [sbull] Help HUD-assisted renters make progress toward self-


3. Strengthen Communities

    [sbull] Improve economic conditions in distressed communities.

    [sbull] Make communities more livable.

    [sbull] End chronic homelessness.

    [sbull] Mitigate housing conditions that threaten health.

4. Ensure Equal Opportunity in Housing

    [sbull] Resolve discrimination complaints on a timely basis.

    [sbull] Promote public awareness of Fair Housing laws.

    [sbull] Improve housing accessibility for persons with


5. Embrace High Standards of Ethics, Management, and Accountability

    [sbull] Rebuild HUD's human capital and further diversify its


    [sbull] Improve HUD's management, internal controls and systems,

and resolve audit issues.

    [sbull] Improve accountability, service delivery, and customer

service of HUD and our partners.

    [sbull] Ensure program compliance.

6. Promote Participation of Grass-Roots Faith-Based and Other

Community-Based Organizations

    [sbull] Reduce regulatory barriers to participation by grass-roots

faith-based and other community-based organizations.

    [sbull] Conduct outreach to inform potential partners of HUD


    [sbull] Expand technical assistance resources deployed to grass-

roots faith-based and other community-based organizations.

    [sbull] Encourage partnerships between grass-roots faith-based and

other community-based organizations and HUD's traditional grantees.

    You can find out about HUD's Strategic Framework and Annual

Performance Plans at http://www.hud.gov/offices/cfo/reports/cforept.cfm


    Policy Priorities. HUD encourages applicants to undertake specific

activities that will assist the Department in implementing its policy

priorities and which help the Department achieve its goals for FY 2004,

when the majority of funding recipients will be reporting programmatic

results and achievements. Applicants who include work activities that

specifically address one or more of

[[Page 21005]]

these policy priorities will receive higher rating scores than

applicants who do not address these HUD priorities. Each NOFA in the

Program Section of this SuperNOFA will specify which priorities relate

to a particular program and how many points will be awarded for

addressing those priorities.

    (A) Providing Increased Homeownership and Rental Opportunities for

Low- and Moderate-Income Persons, Persons with Disabilities, the

Elderly, Minorities, and Families with Limited English Proficiency. Too

often, these individuals and families are shut out of the housing

market through no fault of their own. Often developers of housing,

housing counseling agencies, and other organizations engaged in the

housing industry must work aggressively to open up the realm of

homeownership and rental opportunities to low- and moderate-income

persons, persons with disabilities, the elderly, minorities, or

families with limited English proficiency. Many of these families are

anxious to have a home of their own but are not aware of the programs

and assistance that is available. Applicants are encouraged to address

the housing, housing counseling, and other related supportive services

needs of these individuals and coordinate their proposed activities

with funding available through HUD's affordable housing programs and

home loan programs. Proposed activities support strategic goals 1, 2,

and 4.

    (B) Improving our Nation's Communities. HUD wants to improve the

quality of life for those living in distressed communities. Applicants

are encouraged to include activities which:

    (1) Bring private capital into distressed communities to:

    [sbull] Finance business investments to grow new businesses;

    [sbull] Maintain and expand existing businesses;

    [sbull] Create a pool of funds for new small and minority-owned


    [sbull] Create decent jobs for low-income persons.

    (2) Improve the environmental health and safety of families living

in public and privately-owned housing by including activities which:

    [sbull] Coordinate lead hazard reduction programs with

weatherization activities funded by state and local governments, and

the federal government;

    [sbull] Reduce or eliminate health related hazards in the home

caused by toxic agents such as molds and other allergens, carbon

monoxide and other hazardous agents and conditions.

    (3) Make communities more livable.

    [sbull] Provide public and social services.

    [sbull] Improve infrastructure and community facilities.

    Activities support strategic goals 2, 3, and 4.

    (C) Encouraging Accessible Design Features. As described in Section

V, applicants must comply with applicable civil rights laws including

the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973,

and the Americans with Disabilities Act. These laws, and regulations

implementing them, provide for nondiscrimination based on disability

and require housing and other facilities to incorporate certain

features intended to provide for their use and enjoyment by persons

with disabilities. HUD is encouraging applicants to add accessible

design features beyond those required under civil rights laws and

regulations. These features would eliminate many other barriers

limiting the access of persons with disabilities to housing and other

facilities. Copies of the Uniform Federal Accessibility Standards

(UFAS) are available from the SuperNOFA Information Center (1-800-HUD-

8929 or 1-800-HUD-2209 (TTY)) and also from the Office of Fair Housing

and Equal Opportunity, U.S. Department of Housing and Urban

Development, Room 5230, 451 Seventh Street, SW, Washington, DC 20410-

2000; 202-755-5404 or 1-800-877 8399 (TTY Federal Information Relay


    Accessible design features are intended to promote visitability and

incorporate features of universal design as described below:

    (1) Visitability in New Construction and Substantial

Rehabilitation. Applicants are encouraged to incorporate visitability

standards where feasible in new construction and substantial

rehabilitation projects. Visitability standards allow a person with

mobility impairments access into the home, but do not require that all

features be made accessible. Visitability means that there is at least

one entrance at grade (no steps), approached by an accessible route

such as a sidewalk; and that the entrance door and all interior passage

doors are at least 2 feet 10 inches wide, allowing 32 inches of clear

passage space. A visitable home also serves persons without

disabilities, such as a mother pushing a stroller or a person

delivering a large appliance. More information about visitability is

available at http://www.concretechange.org.

    Activities support strategic goals 2, 3, and 4.

    (2) Universal Design. Applicants are encouraged to incorporate

universal design in the construction or rehabilitation of housing,

retail establishments, and community facilities funded with HUD

assistance. Universal design is the design of products and environments

to be usable by all people to the greatest extent possible, without the

need for adaptation or specialized design. The intent of universal

design is to simplify life for everyone by making products,

communications, and the built environment more usable by as many people

as possible at little or no extra cost. Universal design benefits

people of all ages and abilities. In addition to any applicable

required accessibility features under Section 504 of the Rehabilitation

Act of 1973 or the design and construction requirements of the Fair

Housing Act, the Department encourages applicants to incorporate the

principles of universal design when developing housing, community

facilities, and electronic communication mechanisms, or when

communicating with community residents at public meetings or events.

HUD believes that by creating housing that is accessible to all, it can

increase the supply of affordable housing for all, regardless of

ability or age. Likewise, creating places where people work, train, and

interact which are useable and open to all residents increases

opportunities for economic and personal self-sufficiency. More

information on Universal Design is available from the Center for

Universal Design, at http://www.design.ncsu.edu:8120/cud/ or the

Resource Center on Accessible Housing and Universal Design, at http://www.abledata.com/Site_2/accessib.htm


    Activities support strategic goals 1, 2, 3, and 4.

    (D) Providing Full and Equal Access to Grassroots Faith-Based and

Other Community-Based Organizations in HUD Program Implementation.

    (1) HUD encourages non-profit organizations, including grassroots

faith-based and other community-based organizations, to participate in

the vast array of programs for which funding is available through this

SuperNOFA. HUD also encourages states, units of local government,

universities, and colleges and other organizations to partner with

grassroots organizations, e.g., civic organizations, faith-communities,

and grassroots faith-based and other community-based organizations that

have not been effectively utilized. These grassroots organizations have

a strong history of providing vital community services such as

assisting the homeless and preventing homelessness, counseling

individuals and families on fair housing rights, providing elderly

housing opportunities, developing first-time

[[Page 21006]]

homeownership programs, increasing homeownership and rental housing

opportunities in neighborhoods of choice, developing affordable and

accessible housing in neighborhoods across the country, creating

economic development programs, and supporting the residents of public

housing facilities. HUD wants to make its programs more effective,

efficient, and accessible by expanding opportunities for grassroots

organizations to participate in developing solutions for their own

neighborhoods. Additionally, HUD encourages applicants to include these

grass-roots faith-based and other community-based organizations in

their workplans. Applicants, their partners, and participants must

review the Program Section of this SuperNOFA to determine whether they

are eligible to apply for funding directly or whether they must

establish a working relationship with an eligible applicant in order to

participate in a HUD funding opportunity. Grassroots faith-based and

other community-based organizations, and applicants who currently or

propose to partner, fund, subgrant, or subcontract with grassroots

organizations (including grassroots faith-based or other community-

based non-profits eligible under applicable program regulations) in

conducting their work programs will receive higher rating points as

specified in the program section of this SuperNOFA.

    (2) Definition of Grassroots Organizations.

    (a) HUD will consider an organization a ``grassroots organization''

if the organization is headquartered in the local community to which it

provides services; and,

    (i) Has a social services budget of $300,000 or less, or

    (ii) Has six or fewer full-time equivalent employees.

    (b) Local affiliates of national organizations are not considered

``grassroots.'' Local affiliates of national organizations are

encouraged, however, to partner with grassroots organizations but must

demonstrate that they are currently working with a grassroots

organization (e.g., having a faith community or civic organization, or

other charitable organization provide volunteers).

    (c) The cap provided in paragraph (2)(a)(i) above includes only

that portion of an organization's budget allocated to providing social

services. It does not include other portions of the budget such as

salaries and expenses not directly expended in the provision of social


    Activities support strategic goal 6.

    (E) Colonias. The Department of Housing and Urban Development is

seeking to improve housing conditions for families living in Colonias.

Colonias means any identifiable, rural community that:

    [sbull] Is located in Arizona, California, New Mexico, or Texas;

    [sbull] Is within 150 miles of the border between the United States

and Mexico; and

    [sbull] Is determined to be a colonia on the basis of objective

need criteria, including lack of potable water supply, lack of adequate

sewage systems, and lack of decent, safe, sanitary, and accessible


    Applicants proposing to create affordable housing and provide

services to the Colonias will receive higher rating points.

    Activities support strategic goals 1, 2, 3, and 4.

    (F) Participation of Minority-Serving Institutions in HUD Programs.

Pursuant to Executive Orders 13256 President's Board of Advisors on

Historically Black Colleges and Universities, 13230 President's

Advisory Commission on Educational Excellence for Hispanic Americans,

13216 Increasing Participation of Asian Americans and Pacific Islanders

in Federal Programs, and 13270 Tribal Colleges and Universities, HUD is

strongly committed to broadening the participation of Minority-Serving

Institutions (MSIs) in its programs. HUD is interested in increasing

the participation of MSIs in order to advance the development of human

potential, strengthen the nation's capacity to provide high quality

education, and increase opportunities for MSIs to participate and

benefit from federal financial assistance programs. HUD encourages all

applicants and recipients to include meaningful participation of MSIs

in their work programs. A listing of MSIs can be found on the

Department of Education Web site at http://www.ed.gov/offices/OCR/minorityinst.html

 or HUD's Web site at http://www.hud.gov    Activities support strategic goals 3 and 4.

    (G) Participation in Energy Star. The Department of Housing and

Urban Development has adopted a wide-ranging energy action plan for

improving energy efficiency in all program areas. As a first step in

implementing the energy plan, HUD, the Environmental Protection Agency

(EPA) and the Department of Energy (DoE) have signed a joint

partnership to promote energy efficiency in HUD's affordable housing

efforts and programs. The purpose of the Energy Star partnership is to

promote energy efficiency of the affordable housing stock, but also to

help protect the environment. Applicants constructing, rehabilitating,

or maintaining housing or community facilities are encouraged to

promote energy efficiency in design and operations. They are urged

especially to purchase and use Energy Star labeled products. Applicants

providing housing assistance or counseling services are encouraged to

promote Energy Star building by homebuyers and renters. Program

activities can include developing Energy Star promotional and

information materials, outreach to low- and moderate-income renters and

buyers on the benefits and savings when using Energy Star products and

appliances, and promoting the designation of community buildings and

homes as Energy Star compliant. For further information about Energy

Star see http://www.energystar.gov or call 1-888-STAR-YES (1-888-782-

7937) or for the hearing-impaired, 1-888-588-9920 TTY.

    Activities support strategic goals 1 and 2.

    (H) Ending Chronic Homelessness within Ten Years. President Bush

has set a national goal to end chronic homelessness within ten years.

Secretary Mel Martinez has embraced this goal and has pledged that

HUD's grant programs will be used to support the President's goal and

more adequately meet the needs of chronically homeless individuals. A

person experiencing chronic homelessness is defined as an unaccompanied

individual with a disabling condition who has been continuously

homeless for a year or more or has experienced four or more episodes of

homelessness over the last three years. In this year's SuperNOFA,

applicants are encouraged to target assistance to chronically homeless

persons by undertaking activities that will result in:

    [sbull] Creation of affordable group homes or rental housing units;

    [sbull] Establishing a set-aside of units of affordable housing for

the chronically homeless;

    [sbull] Substance abuse treatment programs targeted to homeless


    [sbull] Job training programs which will provide opportunities for

economic self-sufficiency;

    [sbull] Counseling programs that assist homeless persons in finding

housing, financial management, anger management, and building

interpersonal relationships;

    [sbull] Supportive services, such as health care assistance that

will permit

[[Page 21007]]

homeless individuals to become productive members of society;

    [sbull] Provision of Service Coordinators or One Stop Assistance

Centers that will ensure that chronically homeless persons have access

to a variety of social services.

    Activities support Strategic Goals 2 and 3.

Changes in the FY 2003 SuperNOFA Process

    New Rating Factor 5. For FY 2003, rating Factor 5 has been changed

to ``Achieving Results and Program Evaluation.'' This factor emphasizes

HUD's commitment to ensuring that applicants keep promises made in

their application and assess their performance to ensure performance

goals are met.

    Achieving results means you, the applicant, have clearly identified

the benefits or outcomes of your program. Outcomes are ultimate goals.

Benchmarks or outputs are interim activities or products that lead to

the ultimate achievement of your goals.

    Program evaluation requires that you, the applicant, identify

program outcomes, interim products or benchmarks, and performance

indicators that will allow you to measure your performance. Performance

indicators should be objectively quantifiable and measure actual

against planned achievements. Your Evaluation and Monitoring Plan

should identify what you are going to measure, how it will be measured,

and the steps you have in place to make adjustments to your work plan

if performance targets are not met within established timeframes. HUD

has included a new form, Logic Model, to help you complete your

response to Rating Factor 5. The form is included in Appendix B, with

other forms applicable to most or all of the programs in this


    This new rating factor reflects HUD's goal to embrace high

standards of ethics, management, and accountability.

    Higher Minimum Score for Fundable Applications. For FY 2003, an

application for any of the programs offered by this SuperNOFA must

receive at least 75 points to be funded. Please take note of this

scoring threshold and be sure to read the SuperNOFA carefully to ensure

that you respond to the Factors for Award. A careful reading of the

NOFA can help you improve your rating score.

    Use of HUD 424 Forms. HUD has consolidated many of its application

forms into a single HUD-424 form. The new HUD-424 consolidates budget-

reporting forms for both construction and non-construction projects

into a single form and eliminates the following separate

certifications: Certification for a Drug-Free Workplace (HUD-50070),

Certification of Payments to Influence Federal Transactions (HUD-

50071), and Certification Regarding Debarment and Suspension (HUD-


    New form HUD 424 replaces SF 424 and HUD 424 M.

    HUD 424 B replaces SF 424 B and D, and HUD 50070, 50071, and 2992.

    HUD 424 C and CB replace SF 424 A and C.

    The HUD 424 CBW is added as a common detailed Budget Worksheet to

replace various budget worksheets used throughout the Department. These

forms are available on HUD's Web Site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm


    Race and Ethnicity. OMB published revised standards for collecting

racial data on October 30, 1997. All agencies were required to be in

compliance with the 1997 standards by January 1, 2003. These standards

allow HUD and the other Federal agencies to acknowledge the growing

diversity of the U.S. population. Under this policy, HUD and its

business partners must offer individuals who are responding to agency

data requests for race, the option of selecting one or more of five

racial categories. HUD must also treat ethnicity as a separate category

from race and change terminology for certain racial and ethnic groups.

These definitions have been standardized across the Federal government

and are provided below.

    The two ethnic categories as revised by the Office of Management

and Budget (OMB) are defined below:

    [sbull] Hispanic or Latino. A person of Cuban, Mexican, Puerto

Rican, South, or Central American, or other Spanish culture or origin,

regardless of race. The term ``Spanish origin,'' can be used in

addition to ``Hispanic'' or ``Latino.''

    [sbull] Not Hispanic or Latino. A person not of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish culture or

origin, regardless of race.

    The five racial categories as revised by the Office of Management

and Budget are defined as follows:

    [sbull] American Indian or Alaska Native. A person having origins

in any of the original peoples of North and South America (including

Central America), and who maintains tribal affiliation or community


    [sbull] Asian. A person having origins in any of the original

peoples of the Far East, Southeast Asia, or the Indian subcontinent

including, for example, Cambodia, China, India, Japan, Korea, Malaysia,

Pakistan, the Philippine Islands, Thailand, and Vietnam.

    [sbull] Black or African American. A person having origins in any

of the black racial groups of Africa. Terms such as ``Haitian'' or

``Negro'' can be used in addition to ``Black'' or ``African American''.

    [sbull] Native Hawaiian or Other Pacific Islander. A person having

origins in any of the original peoples of Hawaii, Guam, Samoa, or other

Pacific Islands.

    [sbull] White. A person having origins in any of the original

peoples of Europe, the Middle East, or North Africa.

    Self-reporting or self-identification, rather than observer

identification is the preferred method for collecting race and

ethnicity data. Self-identification means that responses are based on

self-perception. If you are required to provide HUD with race and

ethnicity data, you must collect the data asking separate questions for

race and for ethnicity. Furthermore, when collecting data the ethnicity

question should precede the question about race. The Office of

Management and Budget has recommended this sequence because pre-tests

conducted by the U.S. Census Bureau found that placing ethnicity before

race significantly reduced the non-response rate to the ethnicity


    Thus, when collecting data from respondents it should be collected

using the following two-question approach:

Ethnicity: (Select only one)

Hispanic or Latino

Not Hispanic or Latino

Race: (Select one or more):

American Indian or Alaskan Native


Black or African American

Native Hawaiian or Pacific Islander


    Once data is collected using the method above, it can be analyzed

and aggregated when reporting ethnicity and race data to HUD. You

should use the categories listed in the template below to report the

aggregate information. If any multiple race category not included in

the template exceeds one percent of the population, you should identify

the category, the actual count, and its percentage of population. In

addition, you should identify the total number of all racial categories

reported that do not fit the list of categories below, and do not

equate to one percent of the total population being reported including,

the total number of all such racial and ethnic categories. Finally, you

should indicate the aggregate totals of all the information you have

gathered including the total of all racial categories and the total of

all the ethnic categories.

[[Page 21008]]

    For grantees that are currently collecting data, you may need to

compare data collected under both standards. Guidance on bridging data

periods will be available in the Program Section of the SuperNOFA and

HUD's SuperNOFA Web site at http://www.hud.gov. A copy of this

reporting form can be found in Appendix B of the General Section of

this SuperNOFA.

[[Page 21009]]


[[Page 21010]]

    Executive Order 13166, Improving Access to Persons With Limited

English Proficiency (LEP). Executive Order 13166 seeks to improve

access to persons with limited English proficiency by providing

materials and information in languages other than English.

    Executive Order 13279 Equal Protection of the Laws for Faith-Based

and Community Organizations. HUD is committed to full implementation of

Executive Order 13279 and has undertaken a review of all policies and

regulations that have implications for faith-based and community

organizations, and has established a policy priority to provide full

and equal access to grass-roots faith-based and other community-based

organizations in HUD program implementation.

    New Programs and Changes to Programs. The FY 2003 SuperNOFA

includes the following funding opportunities, which were not included

in FY2002:

    [sbull] COPC Community Futures Awards;

    [sbull] Housing Counseling--Predatory Lending;

    [sbull] Housing Counseling--Section 8 Homeownership;

    [sbull] Lead Outreach Grants;

    [sbull] Lead Elimination Action Program;

    [sbull] Community Development Work-Study;

    [sbull] ROSS for Resident Services Delivery Model--Elderly;

    [sbull] ROSS for Resident Services Delivery Model--Family.

    Not Available for FY 2003. Funding opportunities that were part of

the FY 2002 SuperNOFA but are not available in FY 2003 are:

    [sbull] ROSS for Resident Management and Business Development;

    [sbull] ROSS for Capacity Building;

    [sbull] Rental Assistance for Non-elderly Persons with Disabilities

Related to Certain Types of Section 8 Project-Based Development and

Section 202, 221(d) and 236 Developments;

    [sbull] Rental Assistance for Non-elderly Persons with Disabilities

in Support of Designated Housing Plans.

    Funding will be announced later in the year for:

    [sbull] Permanent Housing and Special Efforts for Subpopulations

Technical Assistance (PHASES-TA);

    [sbull] Revitalization of Severely Distressed Public Housing (HOPE


    [sbull] Lead Hazard Reduction Demonstration Program;

    [sbull] Community Development Block Grants for Indian Tribes and

Alaska Native Villages (ICDBG);

    [sbull] Urban Scholars Postdoctoral Fellowships;

    [sbull] Research Studies on Homeownership and Affordable Lending;

    [sbull] 202 Supportive Housing for the Elderly, Planning Grants.

    Funding Notices Issued Prior to the SuperNOFA. Due to statutory

deadlines for the obligation of funds or for other reasons, there are

several programs for which notices of funding availability have been

issued prior to the SuperNOFA. These include:

    [sbull] Collaborative Initiative to Help End Chronic Homelessness;

    [sbull] Capacity Building for Community Development and Affordable

Housing, and;

    [sbull] Hope VI Demolition Grants;

    [sbull] Research on the Socio-Economic Change in Cities.

    Information on these programs is available on the HUD Web site at


III. The Programs of This SUPERNOFA and the Amount of Funds Allocated

    The funding opportunities that are part of this SuperNOFA are

identified in the following chart. The amount of funds available is

based on funds appropriated in FY 2003 and funds recaptured from prior

years' appropriations. In the event that HUD recaptures program funds

or other funds become available for a program, HUD reserves the right

to increase the available funding by these additional amounts.

    The chart also includes the application due date, the OMB approval

number for the information collection requirements, and the Catalog of

Federal Domestic Assistance (CFDA) number for each funding opportunity.

[[Page 21011]]


[[Page 21012]]


[[Page 21013]]


[[Page 21014]]


[[Page 21015]]


[[Page 21016]]


[[Page 21017]]

    Paperwork Reduction Act Statement. The information collection

requirements in this SuperNOFA have been approved by OMB under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The preceding

chart provides the OMB approval number for each program that is part of

this SuperNOFA. Where the chart notes that an OMB number is pending,

this means that HUD has submitted the information to OMB to obtain an

approval number and HUD's request for the number is pending. As soon as

HUD receives the approval number, the number will be published in the

Federal Register and provided to the SuperNOFA Information Center.

Under the Paperwork Reduction Act, 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.

IV. Authority, Funding Amounts, and Eligible Applicants and Activities

    (A) Authority. HUD's authority for making funding available under

this SuperNOFA is Division K, Consolidated Appropriations Resolution,

2003, Public Law 108-7, approved February 20, 2003 (FY 2003

Consolidated Appropriations). Generally, this statement of authority is

not repeated in the Program Section of this SuperNOFA. The authority

provision in the Program Section identifies additional statutes and

regulations that authorize the requirements listed for the funding

competitions that make up this SuperNOFA.

    (B) Funding Available. As noted in Section III of this General

Section of the SuperNOFA, the HUD programs in this SuperNOFA are

allocated amounts based on appropriated funds. If HUD recaptures funds

in any program, HUD reserves the right to increase the available

funding by those amounts.

    (C) Eligible Applicants and Eligible Activities. The Program

Section of the SuperNOFA describes the eligible applicants and eligible

activities for each program.

V. Requirements and Procedures Applicable to All Programs

    Except as may be modified in the Program Section of this SuperNOFA,

the requirements, procedures and principles listed below apply to all

programs that are part of this SuperNOFA. Please read the Program

Section of the SuperNOFA for additional requirements or information.

    (A) Statutory and Regulatory Requirements. To be eligible for

funding under this SuperNOFA, you, the applicant, must meet all

statutory and regulatory requirements applicable to the program or

programs for which you seek funding. If you need copies of the program

regulations, they are available from the SuperNOFA Information Center

or through the HUD Web site, http://www.hud.gov. See the Program

Section for instructions on how HUD will respond to proposed activities

that are ineligible. With the exception of the Section 202 and Section

811 programs, HUD may also eliminate the ineligible activities from

funding consideration and reduce funding amounts accordingly. Because

of the competitive demand for Section 202 and Section 811 funds,

applications to these two programs that include ineligible activities

will be rejected and will not be rated and ranked.

    (B) Threshold Requirements.

    (1) Ineligible Applicants. HUD will not consider an application

from an ineligible applicant.

    (2) Compliance with Fair Housing and Civil Rights Laws.

    (a) With the exception of federally recognized Indian tribes and

their instrumentalities, all applicants and their subrecipients must

comply with all Fair Housing and Civil Rights laws, statutes,

regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as

applicable. If you are a federally recognized Indian tribe, you must

comply with the non-discrimination provisions enumerated at 24 CFR

1000.12, as applicable. In addition to these requirements, there may be

program-specific threshold requirements identified in the Program

Sections of the SuperNOFA.

    (b) If you, the applicant:

    (i) Have been charged with a systemic violation of the Fair Housing

Act alleging ongoing discrimination;

    (ii) Are a defendant in a Fair Housing Act lawsuit filed by the

Department of Justice alleging an on-going pattern or practice of

discrimination; or,

    (iii) Have received a letter of non-compliance findings,

identifying on-going or systemic noncompliance, under Title VI of the

Civil Rights Act, Section 504 of the Rehabilitation Act, or Section 109

of the Housing and Community Development Act; and If the charge,

lawsuit, or letter of findings has not been resolved to HUD's

satisfaction before the application deadline stated in the individual

program NOFA, you may not apply for assistance under this SuperNOFA.

HUD will not rate and rank your application. HUD's decision regarding

whether a charge, lawsuit, or a letter of findings has been

satisfactorily resolved will be based upon whether appropriate actions

have been taken to address allegations of on-going discrimination in

the policies or practices involved in the charge, lawsuit, or letter of


    Examples of actions that may be taken prior to the application

deadline to resolve the charge, lawsuit, or letter of findings, include

but are not limited to a:

    (i) Voluntary compliance agreement signed by all parties in

response to the letter of findings;

    (ii) HUD-approved conciliation agreement signed by all parties;

    (iii) Consent order or consent decree; or

    (iv) Judicial ruling or a HUD Administrative Law Judge's decision

that exonerates the respondent of any allegations of discrimination.

    (3) Conducting Business In Accordance with Core Values and Ethical

Standards. Entities subject to 24 CFR parts 84 and 85 (most non-profit

organizations and state, local and tribal governments or government

agencies or instrumentalities who receive federal awards of financial

assistance) are required to develop and maintain a written code of

conduct (see Sec. Sec.  84.42 and 85.36(b)(3)). Consistent with

regulations governing specific programs, your code of conduct must:

prohibit real and apparent conflicts of interest that may arise among

officers, employees, or agents; prohibit the solicitation and

acceptance of gifts or gratuities by your officers, employees, and

agents for their personal benefit in excess of minimal value; and,

outline administrative and disciplinary actions available to remedy

violations of such standards. If awarded assistance under this

SuperNOFA, you will be required, prior to entering into an agreement

with HUD, to submit a copy of your code of conduct and describe the

methods you will use to ensure that all officers, employees, and agents

of your organization are aware of your code of conduct. Failure to meet

the requirement for a code of conduct will prohibit you from receiving

an award of funds from HUD.

    (4) Delinquent Federal Debts. Consistent with the purpose and

intent of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), no award of federal

funds shall be made to an applicant who has an outstanding delinquent

federal debt until: (a) The delinquent account is paid in full; (b) a

negotiated repayment schedule is established and at least one payment

is received; or (c) other arrangements satisfactory to the Department

of Housing and Urban Development are made prior to the deadline

submission date.

    (5) Pre-Award Accounting System Surveys. HUD may arrange for a pre-

award survey of the applicant's

[[Page 21018]]

financial management system in cases where the recommended applicant

has no prior federal support, the program area has reason to question

whether the applicant's financial management system meets federal

financial management standards, or the applicant is considered a high

risk based upon past performance or financial management findings. HUD

will not make an award to any applicant who does not have a financial

management system that meets federal standards.

    (6) Other Threshold Requirements. The Program Section for the

funding for which you are applying may specify other threshold

requirements. Additional threshold requirements may be identified in

the discussion of ``eligibility'' requirements in the Program Section.

    (C) Additional Non-discrimination Requirements. You, the applicant,

and your subrecipients must comply with the Americans with Disabilities

Act of 1990 (42 U.S.C. 1201 et seq.) and Title IX of the Education

Amendments Act of 1972 (20 U.S.C. 1681 et seq).

    (D) Affirmatively Furthering Fair Housing. Under Section 808(e)(5)

of the Fair Housing Act, HUD is obliged to affirmatively further fair

housing. HUD requires the same of its funding recipients. If you are a

successful applicant, you will have a duty to affirmatively further

fair housing opportunities for classes protected under the Fair Housing

Act. Protected classes are race, color, national origin, religion, sex,

disability, and familial status. Unless otherwise instructed in the

Program Section of this SuperNOFA, your application must include

specific steps to:

    (1) Overcome the effects of impediments to fair housing choice that

were identified in the jurisdiction's Analysis of Impediments (AI) to

Fair Housing Choice;

    (2) Remedy discrimination in housing; and/or

    (3) Promote fair housing rights and fair housing choice.

Further, you, the applicant, have a duty to carry out the specific

activities provided in your responses to the SuperNOFA rating factors

that address affirmatively furthering fair housing. Please see the

Program Section of this SuperNOFA for additional information.

    The requirements to affirmatively further fair housing apply to:

    [sbull] Alaska Native/Native Hawaiian Institutions Assisting

Communities (AN/NHIAC);

    [sbull] Assisted Living Conversion Program (ALCP) for Eligible

Multifamily Housing Projects;

    [sbull] Brownfields Economic Development Initiative (BEDI);

    [sbull] Community Outreach Partnership Centers (COPC);

    [sbull] Continuum of Care Homeless Assistance Programs (SHP,

Shelter Plus Care, Section 8 Moderate Rehab);

    [sbull] Fair Housing Initiatives Program (FHIP);

    [sbull] Funding Availability for Rental Certificate/Housing Choice

Voucher Family Self-Sufficiency (FSS) Program;

    [sbull] Healthy Homes Demonstration Program;

    [sbull] Healthy Homes Initiative and Lead Technical Studies;

    [sbull] Hispanic-Serving Institutions Assisting Communities


    [sbull] Historically Black Colleges and Universities (HBCU)


    [sbull] Housing Counseling;

    [sbull] Housing Opportunities for Persons With AIDS (HOPWA);

    [sbull] Lead Hazard Control Program;

    [sbull] Mainstream Housing Opportunities for Persons with


    [sbull] Public Housing Resident Opportunities and Self-Sufficiency

(ROSS) Program;

    [sbull] Rental Assistance for Non-Elderly Persons with Disabilities

in Support of Designated Housing Plans;

    [sbull] Rental Assistance for Non-Elderly Persons with Disabilities

Related to Certain Developments;

    [sbull] Resident Opportunities for Self-Sufficiency (ROSS) for

Homeownership Supportive Services;

    [sbull] Rural Housing and Economic Development (RHED);

    [sbull] Section 202 Supportive Housing for Elderly Persons;

    [sbull] Section 811 Supportive Housing for Persons with


    [sbull] Self-Help Homeownership Opportunity Program (SHOP);

    [sbull] Service Coordinators in Multifamily Housing; and

    [sbull] Youthbuild Program.

    (E) Economic Opportunities for Low- and Very Low-Income Persons

(Section 3). Certain programs in this SuperNOFA require recipients of

assistance to comply with Section 3 of the Housing and Urban

Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic

Opportunities for Low- and Very Low-Income Persons in Connection with

Assisted Projects) and the HUD regulations at 24 CFR part 135,

including the reporting requirements at subpart E. Section 3 requires

recipients to ensure that, to the greatest extent feasible, training,

employment, and other economic opportunities will be directed to low-

and very-low income persons, particularly those who are recipients of

government assistance for housing, and business concerns which provide

economic opportunities to low- and very low-income persons. As noted in

the Program Section of this SuperNOFA, Section 3 is applicable to the

following programs:

    [sbull] Alaska Native/Native Hawaiian Institutions Assisting

Communities (AN/NHIAC);

    [sbull] Assisted Living Conversion Program (ALCP);

    [sbull] Brownfields Economic Development Initiative (BEDI);

    [sbull] Continuum of Care Homeless Assistance Programs;

    [sbull] Healthy Homes and Lead Technical Studies;

    [sbull] Healthy Homes Demonstration Program;

    [sbull] Hispanic-Serving Institutions Assisting Communities


    [sbull] Historically Black Colleges and Universities (HBCU)


    [sbull] Housing Opportunities for Persons With AIDS (HOPWA);

    [sbull] Lead Hazard Control;

    [sbull] Lead Elimination Action Program (LEAP);

    [sbull] Resident Opportunities and Self-Sufficiency Program (ROSS);

    [sbull] Rural Housing and Economic Development (RHED);

    [sbull] Section 202 Supportive Housing for the Elderly Program;

    [sbull] Section 811 Supportive Housing for Persons with

Disabilities Program;

    [sbull] Self-Help Homeownership Opportunity Program (SHOP); and

    [sbull] Youthbuild Program.

    (F) Ensuring the Participation of Small Businesses, Small

Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed

to ensuring that small businesses, small disadvantaged businesses, and

women-owned businesses participate fully in HUD's direct contracting

and in contracting opportunities generated by HUD financial assistance.

Too often, these businesses still experience difficulty accessing

information and successfully bidding on federal contracts. State,

local, and tribal governments are required by 24 CFR 85.36(e) and non-

profit recipients of assistance (grantees and sub-grantees) by 24 CFR

84.44(b), to take all necessary affirmative steps in contracting for

purchase of goods or services to assure that minority firms, women's

business enterprises, and labor surplus area firms are used when

possible, or as specified in the Program Section.

    (G) Relocation. The relocation requirements of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of

1970, as amended, and the implementing government-wide regulation at 49

CFR part 24 cover any person who moves

[[Page 21019]]

permanently from real property or moves personal property from real

property directly because of acquisition, rehabilitation, or demolition

for an activity undertaken with HUD assistance. Some HUD program

regulations also cover persons who are temporarily relocated. See,

e.g., 24 CFR 570.606(b)(2)(i)(D)(1)--(3), providing guidance on

temporary relocation for CDBG. Applicants should review the regulations

for the programs for which they are applying when planning their


    (H) Forms, Certifications, and Assurances. You, the applicant, are

required to submit signed copies of the standard forms, certifications,

and assurances listed in this section, unless the requirements in the

Program Section specify otherwise. In addition, the Program Section may

specify additional forms, certifications, assurances, or other

information that may be required for a particular program in this

SuperNOFA. As part of HUD's continuing efforts to improve the SuperNOFA

process, several of the required standard forms have been simplified

this year. The HUD standard forms, certifications, and assurances are:

    [sbull] Disclosure of Lobbying Activities (SF-LLL);

    [sbull] Application for Federal Assistance (HUD-424);

    [sbull] Budget Summary for Competitive Grant Programs (HUD-424C);

    [sbull] Applicant Assurances and Certifications (HUD-424B);

    [sbull] Grant Application Detailed Budget (HUD-424-CB);

    [sbull] Grant Application Detailed Budget Worksheet (HUD-424-CBW);

    [sbull] Applicant/Recipient Disclosure/Update Report (HUD-2880);

    [sbull] Certification of Consistency with RC/EZ/EC Strategic Plan

(HUD-2990) if applicable;

    [sbull] Certification of Consistency with the Consolidated Plan

(HUD-2991) if applicable;

    [sbull] Acknowledgment of Application Receipt (HUD-2993);

    [sbull] Client Comments and Suggestions (HUD 2994) (Optional);

    [sbull] Survey on Ensuring Equal Opportunity for Applicants (HUD-


    [sbull] Race and Ethnic Data Reporting Form (HUD-27061);

    [sbull] Program Outcome Logic Model (HUD-96010-I).

    Copies of these standard forms and the Funding Application for the

Housing Choice Voucher Program (HUD 52515) follow this General Section

of the SuperNOFA. Copies of forms that are particular to an individual

program follow the funding information for that program.

    (I) Name Check Review. Applicants are subject to a name check

review process. Name checks are intended to reveal matters that

significantly reflect on the applicant's management and financial

integrity, or if any key individuals have been convicted or are

presently facing criminal charges. If the name check reveals

significant adverse findings that reflect on the business integrity or

responsibility of the recipient and/or key individual, HUD reserves the

right to: (a) Deny funding or consider suspension/termination of an

award immediately for cause; (b) require the removal of any key

individual from association with management of and/or implementation of

the award; and (c) make appropriate provisions or revisions with

respect to the method of payment and/or financial reporting


    (J) False Statements. A false statement in an application is

grounds for denial or termination of an award and grounds for possible

punishment as provided in 18 U.S.C. 1001.

    (K) OMB Circulars and Government-wide Regulations Applicable to

Financial Assistance Programs. Certain OMB circulars also apply to

programs in this SuperNOFA. The policies, guidance, and requirements of

OMB Circular A-87 (Cost Principles Applicable to Grants, Contracts and

Other Agreements with State and Local Governments), OMB Circular A-21

(Cost Principles for Education Institutions), OMB A-122 (Cost

Principles for Nonprofit Organizations), OMB Circular A-133 (Audits of

States, Local Governments, and Non-Profit Organizations), and the

regulations in 24 CFR part 84 (Grants and Agreements with Institutions

of Higher Education, Hospitals, and other Non-Profit Organizations),

and 24 CFR part 85 (Administrative Requirements for Grants and

Cooperative Agreements to State, Local, and Federally recognized Indian

tribal governments), may apply to the award, acceptance, and use of

assistance under the programs of this SuperNOFA, and to the remedies

for non-compliance, except when inconsistent with the provisions of the

FY 2003 Consolidated Appropriations, other federal statutes or

regulations, or the provisions of this SuperNOFA. Compliance with

additional OMB Circulars or government-wide regulations may be

specified for a particular program in the Program Section of the

SuperNOFA. Copies of the OMB Circulars may be obtained from EOP

Publications, Room 2200, New Executive Office Building, Washington, DC

20503, telephone (202) 395-3080 (this is not a toll-free number) or 1-

800-877 8399 (TTY Federal Information Relay Service); or, from the Web

site, http://www.whitehouse.gov/omb/circulars/index.html.

    (L) Environmental Requirements. If you become a recipient under one

of the programs in this SuperNOFA that assist physical development

activities or property acquisition, you are generally prohibited from

acquiring, rehabilitating, converting, demolishing, leasing, repairing

or constructing property, or committing or expending HUD or non-HUD

funds for these types of program activities, until one of the following

has occurred:

    (1) HUD has completed an environmental review in accordance with 24

CFR part 50; or

    (2) For programs subject to 24 CFR part 58, HUD has approved a

recipient's Request for Release of Funds (Form HUD 7015.15) following a

Responsible Entity's completion of an environmental review.

    You, the applicant, should consult the Program Section of the

SuperNOFA for the applicable program to determine the procedures for,

timing of, and any exclusions from environmental review under a

particular program. For applicants applying for funding under the

Sections 202 or 811 Programs, please note the environmental review

requirements for these programs.

    (M) Conflicts of Interest. If you are a consultant or expert who is

assisting HUD in rating and ranking applicants for funding under this

SuperNOFA, you are subject to 18 U.S.C. 208, the federal criminal

conflict of interest statute, and the Standards of Ethical Conduct for

Employees of the Executive Branch regulation published at 5 CFR part

2635. As a result, if you have assisted or plan to assist applicants

with preparing applications for this SuperNOFA, you may not serve on a

selection panel and you may not serve as a technical advisor to HUD for

this SuperNOFA. All individuals involved in rating and ranking this

SuperNOFA, including experts and consultants, must avoid conflicts of

interest or the appearance of conflicts. Individuals involved in the

rating and ranking of applications must disclose to HUD's General

Counsel or HUD's Ethics Law Division the following information, if

applicable: how the selection or non-selection of any applicant under

this SuperNOFA will affect the individual's financial interests, as

provided in 18 U.S.C. 208; or, how the application process involves a

party with whom the individual has a covered relationship under 5 CFR

2635.502. The individual must disclose this information prior to

participating in any matter regarding this SuperNOFA. If

[[Page 21020]]

you have questions regarding these provisions or if you have questions

concerning a conflict of interest, you may call the Office of General

Counsel, Ethics Law Division, at (202) 708-3815.

    (N) Prohibition Against Lobbying Activities. You, the applicant,

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 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. When

you sign Form HUD-424, Application for Federal Assistance, you certify,

to the best of your knowledge and belief, that no federal appropriated

funds have been paid, or will be paid, by or on behalf of the

applicant, to any person for influencing or attempting to influence an

officer or employee of an agency, a Member of Congress, an officer or

employee of Congress, or an employee of a Member of Congress, in

connection with the awarding of this federal grant or its extension,

renewal, amendment, or modification. In addition, you 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. Federally

recognized Indian tribes and tribally designated housing entities

(TDHEs) established by federally recognized Indian tribes as a result

of the exercise of the tribe's sovereign power are excluded from

coverage of the Byrd Amendment, but state-recognized Indian tribes and

TDHEs established under state law must comply with this requirement.

    (O) Accessible Technology. The Rehabilitation Act Amendments of

1998 (the Act) apply to all electronic information technology (EIT)

used by a recipient for transmitting, receiving, using, or storing

information to carry out the responsibilities of any federal funds

awarded. The Act's coverage includes, but is not limited to, computers

(hardware, software, word-processing, email, and web pages), facsimile

machines, copiers, and telephones. When developing, procuring,

maintaining, or using EIT, funding recipients must ensure that the EIT

allows employees with disabilities and members of the public with

disabilities to have access to and use of information and data that is

comparable to the access and use of information and data by employees

and members of the public who do not have disabilities. If these

standards impose a hardship on a funding recipient, a recipient may

provide an alternative means to allow the individual to use the

information and data. However, no recipient will be required to provide

information services to a person with disabilities at any location

other than the location at which the information services is generally


    (P) Procurement of Recovered Materials. State agencies and agencies

of a political subdivision of a state that are using assistance under

this SuperNOFA for procurement, and any person contracting with such an

agency with respect to work performed under an assisted contract, must

comply with the requirements of Section 6002 of the Solid Waste

Disposal Act, as amended by the Resource Conservation and Recovery Act.

In accordance with Section 6002, these agencies and persons must

procure items designated in guidelines of the Environmental Protection

Agency at 40 CFR part 247 that contain the highest percentage of

recovered materials practicable, consistent with maintaining a

satisfactory level of competition, where the purchase price of the item

exceeds $10,000 or the quantity acquired in the preceding fiscal year

exceeded $10,000; must procure solid waste management services in a

manner that maximizes energy and resource recovery; and must have

established an affirmative procurement program for procurement of

recovered materials identified in the EPA guidelines.

    (Q) Participation in HUD-Sponsored Program Evaluation. As a

condition of the receipt of financial assistance under this SuperNOFA

all successful applicants will be required to cooperate with all HUD

staff or contractors performing HUD-funded research and evaluation


    (R) Executive Order 13202, Preservation of Open Competition and

Government Neutrality Towards Government Contractors' Labor Relations

on Federal and Federally Funded Construction Projects. Consistent with

Executive Order 13202, ``Preservation of Open Competition and

Government Neutrality Towards Government Contractors' Labor Relations

on Federal and Federally Funded Construction Projects,'' as amended, it

is a condition of receipt of assistance under this SuperNOFA that

neither you nor any subrecipient or program beneficiary receiving funds

under an award granted under this SuperNOFA, nor any construction

manager acting on behalf of you or any such subrecipient or program

beneficiary, may require bidders, offerors, contractors, or

subcontractors to enter into or adhere to any agreement with any labor

organization on any construction project funded in whole or in part by

such award or on any related federally funded construction project; or

prohibit bidders, offerors, contractors, or subcontractors from

entering into or adhering to any such agreement on any such

construction project; or otherwise discriminate against bidders,

offerors, contractors, or subcontractors on any such construction

project because they become or refuse to become or remain signatories

or otherwise to adhere to any such agreements. Contractors and

subcontractors are not prohibited from voluntarily entering into such

agreements. A recipient or its construction manager may apply to HUD

under Section 5(c) of the Executive Order for an exemption from these

requirements for a project where a construction contract on the project

had been awarded as of February 17, 2001, and was subject to

requirements that are prohibited under the Executive Order.

    (S) Executive Order 13166, Improving Access to Persons With Limited

English Proficiency (LEP). Consistent with Executive Order 13166,

``Improving Access to Persons With Limited English Proficiency (LEP'')

issued on August 11, 2000, all HUD recipients should take reasonable

steps to provide certain materials and information available in

languages other than English. The determination as to what materials,

languages, and modes of translation/interpretation services should be

used shall be based upon: (a) The specific needs and capabilities of

the LEP populations among the award recipient's program beneficiaries

and potential beneficiaries of assistance (e.g. tenants, community

residents, counselees, trainees, etc.); (b) the recipient's primary and

major program purposes; (c) resources of the recipient and size of the

program; and (d) local housing, demographic, and community conditions

and needs. Further guidance may be found at http://www.lep.gov.

    (T) Executive Order 13279 Equal Protection of the Laws for Faith-

Based and Community Organizations. HUD is committed to full

implementation of 13279 and has undertaken a review of all policies and

regulations that have implications for faith-based and community

organizations, and has established a policy priority to provide full

and equal access to grass-roots faith-based and other community-based

organizations in HUD program implementation. As part of HUD's efforts

to support the Administration's

[[Page 21021]]

Initiative, HUD has included Form HUD-23004, Survey on Ensuring Equal

Opportunity for Applicants, with the standard forms in Appendix B of

the General Section of this SuperNOFA. HUD asks that applicants

complete this form to help HUD assess the extent of participation by

grassroots faith-based and other community-based organizations.

    (U) Salary Limitation for Consultants. FY 2003 funds may not be

used to pay or to provide reimbursement for payment of the salary of a

consultant at more than the daily equivalent of the rate paid for level

IV of the Executive Schedule, unless specifically authorized by law.

VI. Application Selection Process

    (A) Threshold Compliance. Only applications that meet all of the

threshold requirements will be eligible to be rated and ranked.

    (B) Rating Panels. To review and rate applications, HUD may

establish panels which may include persons not currently employed by

HUD. HUD may include these non-HUD employees to obtain certain

expertise and outside points of view, including views from other

federal agencies.

    Rating. HUD will evaluate and rate all applications for funding

that meet the threshold requirements.

    [sbull] Past Performance. In evaluating applications for funding

HUD will take into account applicants' past performance in managing

funds, including the ability to account for funds appropriately; timely

use of funds received either from HUD or other federal, state, or local

programs; meeting performance targets for completion of activities and

receipt of promised matching or leveraged funds; and, number of persons

to be served or targeted for assistance. HUD may consider information

available from HUD's records or available from public sources such as,

but not limited to, newspapers, Inspector General or Government

Accounting Office Reports or Findings, and/or hotline complaints that

have been proven to have merit.

    [sbull] Deducting Points for Poor Performance. In evaluating past

performance, HUD may elect to deduct points from the rating score or

establish threshold levels as specified under the Factors for Award in

the Program Section of this SuperNOFA.

    Ranking. HUD will rank applicants within each program or, for

Continuum of Care applicants, across the three programs identified in

the Continuum of Care section of this SuperNOFA. HUD will rank

applicants only against those applying for the same program funding.

Where there are set-asides within a program competition, you, the

applicant, will compete against only those applicants in the same set-

aside competition.

    (C) Factors for Award Used to Evaluate and Rate Applications. For

each program that is part of this SuperNOFA, the points awarded for the

rating factors total 100. Depending upon the program for which you, the

applicant, are seeking funding, the funding opportunity may provide for

up to four bonus points as provided in paragraphs (1) and (2) of this

Section VI(C).

    (1) RC/EZ/EC. The SuperNOFA provides for the award of two bonus

points for eligible activities/projects that the applicant proposes to

be located in federally designated Empowerment Zones (EZs), Enterprise

Communities (ECs), Urban Enhanced Enterprise Communities (EECs),

Strategic Planning Communities, or Renewal Communities (RCs), that

serve the residents of these areas, and are certified to be consistent

with the area's strategic plan. (For ease of reference in the

SuperNOFA, all these federally designated areas are collectively

referred to as ``RC/EZ/ECs'' and residents of any of these federally

designated areas as ``RC/EZ/EC residents.'') The individual funding

announcement will indicate if the bonus points are available for that

funding. The SuperNOFA contains a certification that must be completed

for the applicant to be considered for RC/EZ/EC bonus points. A list of

RCs, EZs, ECs, EECs, and Strategic Planning Communities is attached to

this General Section of the SuperNOFA as Appendix A-2 and is also

available from the SuperNOFA Information Center, and the HUD Web site,


    (2) Brownfields Show Case Communities: In the BEDI competition, two

bonus points are available for federally designated Brownfields Show

Case Communities. (Please see BEDI section of this SuperNOFA for

additional information.) A list of the federally designated RCs, EZs,

ECs, Enhanced ECs, and Brownfields Show Case Communities is available

from the SuperNOFA Information Center or through the HUD Web site,


    (D) The Five Standard Rating Factors for FY 2003. The majority of

programs in this SuperNOFA use the five rating factors described below.

Additional details about the five rating factors and the maximum points

for each factor are provided in the Program Section of the SuperNOFA.

You, the applicant, should carefully read the factors for award as

described in the Program Section of the SuperNOFA. HUD has established

these five factors as the basic factors for award in every program that

is part of this SuperNOFA. For a specific funding opportunity, however,

HUD may modify these factors to take into account specific program

needs or statutory or regulatory limitations imposed on a program. The

standard factors for award, except as modified in the program area

section, are:

Factor 1: Capacity of the Applicant and Relevant Organizational Staff

Factor 2: Need/Extent of the Problem

Factor 3: Soundness of Approach

Factor 4: Leveraging Resources

Factor 5: Achieving Results and Program Evaluation

The Continuum of Care Homeless Assistance Program has only two factors

that receive points: Need and Continuum of Care.

    (E) Negotiation. After HUD has rated and ranked all applications

and made selections, HUD may require, depending upon the program, that

all selected applicants participate in negotiations to determine the

specific terms of the funding agreement and budget. In cases where HUD

cannot successfully conclude negotiations with a selected applicant or

a selected applicant fails to provide HUD with requested information,

an award will not be made to that applicant. In this instance, HUD may

offer an award, and proceed with negotiations with the next highest-

ranking applicant.

    (F) Adjustments to Funding.

    (1) HUD reserves the right to fund less than the full amount

requested in your application to ensure the fair distribution of funds

and ensure that the purposes or requirements of a specific program are


    (2) HUD will not fund any portion of your application that: is not

eligible for funding under specific program statutory or regulatory

requirements; does not meet the requirements of this SuperNOFA; or may

be duplicative of other funded programs or activities from prior year

awards or other selected applicants. Only the eligible portions of your

application (including non-duplicative portions) may be funded.

    (3) If funds remain after funding the highest-ranking applications,

HUD may fund all or part of the next highest-ranking application in a

given program. If you, the applicant, turn down an award offer, HUD

will make an offer of funding to the next highest-ranking application.

If funds remain after all selections have been made, remaining funds

may be available for other competitions for each program where there is

a balance of funds.

[[Page 21022]]

    (4) In the event HUD commits an error that, when corrected, would

result in selection of an otherwise eligible applicant during the

funding round of this SuperNOFA, HUD may select that applicant when

sufficient funds become available.

    (G) Performance and Compliance Actions of Funding Recipients. HUD

will measure and address the performance and compliance actions of

funding recipients in accordance with the applicable standards and

sanctions of their respective programs.

VII. Application Submission Requirements

    Be sure to read and follow the application submission requirements

published in the Program Section for which you are applying. As noted

above, once you have submitted one signed, original set of forms,

certifications and assurances, you may send copies of these standard

items with each additional application you submit.

VIII. Corrections to Deficient Applications

    After the application due date, HUD may not, consistent with its

regulations in 24 CFR part 4, subpart B, consider any unsolicited

information you, the applicant, may want to provide. HUD may contact

you to clarify an item in your application or to correct technical

deficiencies. HUD may not seek clarification of items or responses that

improve the substantive quality of your response to any rating factors.

In order not to unreasonably exclude applications from being rated and

ranked, HUD may contact applicants to ensure proper completion of the

application and will do so on a uniform basis for all applicants.

Examples of curable (correctable) technical deficiencies include

failure to submit the proper certifications or failure to submit an

application that contains an original signature by an authorized

official or failure to submit the requested number of copies. In each

case, HUD will notify you in writing by describing the clarification or

technical deficiency. HUD will notify applicants by facsimile or by

USPS, return receipt requested. Clarifications or corrections of

technical deficiencies in accordance with the information provided by

HUD must be submitted within 14 calendar days of the date of receipt of

the HUD notification. (If the due date falls on a Saturday, Sunday, or

federal holiday, your correction must be received by HUD on the next

day that is not a Saturday, Sunday, or federal holiday.) If the

deficiency is not corrected within this time period, HUD will reject

the application as incomplete and it will not be considered for

funding. (Sections 202 and 811 Programs provide for appeal of rejection

of an application on technical deficiency. Please see the Program

Section for these programs for additional information and


IX. Findings and Certifications

    Environmental Impact. A Finding of No Significant Impact with

respect to the environment has been made in accordance with HUD

regulations at 24 CFR part 50 that implement Section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding

of No Significant Impact is available for public inspection between

8:00 a.m. and 5:00 p.m. in the Office of the General Counsel,

Regulations Division, Room 10276, U.S. Department of Housing and Urban

Development, 451 Seventh Street, SW., Washington, DC 20410-0500.

X. Executive Orders and Congressional Intent

    (A) Executive Order 13132, Federalism. Executive Order 13132

prohibits, to the extent practicable and permitted by law, an agency

from promulgating policies that have federalism implications and either

impose substantial direct compliance costs on state and local

governments and are not required by statute, or preempt state law,

unless the relevant requirements of Section 6 of the Executive Order

are met. This SuperNOFA does not have federalism implications and does

not impose substantial direct compliance costs on state and local

governments or preempt state law within the meaning of the Executive


    (B) Executive Order 12372, Intergovernmental Review of Federal

Programs. Executive Order 12372 was issued to foster intergovernmental

partnership and strengthen federalism by relying on state and local

processes for the coordination and review of federal financial

assistance and direct federal development. HUD implementing regulations

are published in 24 CFR part 52. The Order allows each state to

designate an entity to perform a state review function. The official

listing of State Points of Contact (SPOC) for this review process can

be found at http://www.whitehouse.gov/omb/grants/spoc.html. States not

listed on the website have chosen not to participate in the

intergovernmental review process and, therefore, do not have a SPOC. If

your state has a SPOC, you should contact them to see if they are

interested in reviewing your application prior to submission to HUD.

Please make sure that you allow ample time for this review process when

developing and submitting your applications. If your state does not

have a SPOC, you may send applications directly to HUD.

    (C) Sense of Congress. It is the sense of Congress, as published in

section 409(a) of the Conference Report of HJR 2, that, to the greatest

extent practicable, all equipment and products purchased with funds

made available in this Act should be American-made.

XI. Public Access, Documentation and Disclosure

    (A) Section 102 of the HUD Reform Act, Documentation and Public

Access Requirements. Section 102 of the Department of Housing and Urban

Development Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and

the regulations codified in 24 CFR part 4, subpart A, 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 a notice that also provides

information on the implementation of Section 102 (57 FR 1942). The

documentation, public access, and disclosure requirements of Section

102 apply to assistance awarded under this SuperNOFA as follows:

    (1) Documentation, public access, and disclosure requirements. HUD

will ensure that documentation and other information regarding each

application submitted pursuant to this SuperNOFA 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 (24 CFR part 15).

    (2) HUD Form 2880. HUD will also make available to the public for

five years all applicant disclosure reports (HUD Form 2880) submitted

in connection with this SuperNOFA. Update reports (also reported on HUD

Form 2880) will be made available along with the applicant disclosure

reports, but in no case for a period of less than three years. All

reports, both applicant disclosures and updates, will be made available

in accordance with the Freedom of Information Act (5 U.S.C. 552) and

HUD's implementing regulations (24 CFR part 5).

[[Page 21023]]

    (3) Publication of Recipients of HUD Funding. HUD's regulations at

24 CFR part 4 provide that HUD will publish a notice in the Federal

Register to notify the public of all decisions made by the Department

to provide:

    (i) Assistance subject to Section 102(a) of the HUD Reform Act;


    (ii) Assistance provided through grants or cooperative agreements

on a discretionary (non-formula, non-demand) basis, but that is not

provided on the basis of a competition.

    (4) Debriefing. Beginning 30 days after the awards for assistance

are publicly announced and for at least 120 days after awards for

assistance are publicly announced, HUD will provide a debriefing to any

applicant requesting one on their application. All debriefing requests

must be made in writing or by email by the authorized official whose

signature appears on the SF-424 or his or her successor in office, and

submitted to the person or organization identified as the Contact under

the section entitled ``Further Information and Technical Assistance''

in the Program Section of the SuperNOFA under which you applied for

assistance. Information provided during a debriefing will include, at a

minimum, the final score you received for each rating factor, final

evaluator comments for each rating factor, and the final assessment

indicating the basis upon which assistance was provided or denied.

    (B) Section 103 of the HUD Reform Act. HUD's regulations

implementing Section 103 of the Department of Housing and Urban

Development Reform Act of 1989 (42 U.S.C. 3537a), codified in 24 CFR

part 4, subpart B, section 4.26(2)(c) et. seq. and 4.28 apply to this

funding competition. The regulations 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 the regulations 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 Ethics Law Division at 202-708-3815. (This is not a

toll-free number.) HUD employees who have specific program questions

should contact the appropriate field office counsel or Headquarters

counsel for the program to which the question pertains.

XII. The FY 2003 SUPERNOFA Process and Future HUD Funding Processes

    Each year, HUD strives to improve its SuperNOFA. The FY 2003

SuperNOFA was revised based upon comments received during the FY 2002

funding process. HUD continues to welcome comments and feedback from

applicants and other members of the public on how HUD may further

improve its competitive funding process. In FY 2004, as part of Public

Law 106-107 streamlining efforts and the interagency eGrants

Initiative, HUD anticipates making considerable changes to the format

and presentation of its funding notices. We are continually striving to

ensure effective communication with our program funding recipients and

potential funding recipients. HUD has been posting pertinent documents

related to these efforts on its website. HUD encourages you to visit

our website on an ongoing basis to keep abreast of the latest

developments. Our website address for information on the eGrants

Initiative is http://www.hud.gov/offices/adm/grants/egrants/egrants.cfm.

 Information on Grant streamlining activities can be found

on http://www.hud.gov/offices/adm/grants/pl-106107/pl106-107.cfm.

    The description of programs for which funding is available under

this SuperNOFA follows this General Section and its appendices.

    Dated: April 15, 2003.

Mel Martinez,


[[Page 21024]]