[Federal Register: November 3, 1999 (Volume 64, Number 212)]
[Notices]
[Page 60079-60082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no99-162]

Part VI
Department of Housing and Urban Development

Funding Availability; Public Housing Drug Elimination Program; Gun
Buyback Violence Reduction Initiative; Notice

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4451-N-05]


Notice of Funding Availability; Public Housing Drug Elimination
Program; Gun Buyback Violence Reduction Initiative

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice of Funding Availability (NOFA) for Public Housing Drug
Elimination Program Gun Buyback Violence Reduction Initiative.

SUMMARY: The purpose of this notice is to affirm that gun buyback
initiatives are an eligible activity under the public housing drug
elimination program and to provide funding information and program
guidelines for gun buyback programs. PHAs may reprogram a portion of
their FY 1999 PHDEP grant dollars in order to devote such resources to
gun buyback violence reduction initiatives. To encourage PHAs to devote
a nationwide total of up to $10.5 million of their FY99 PHDEP grant
funds to gun buyback violence reduction initiatives in cooperation with
local law enforcement agencies, HUD through this notice is making an
additional $4.5 million available for gun buyback violence reduction
initiatives. This $4.5 million will be awarded on a first-come, first-
served basis to PHAs that submit their reprogramming requests in
accordance with this notice to provide approximately an additional $43
dollars for every $100 of FY 1999 PHDEP funds reprogrammed for gun
buyback violence reduction initiatives.
    This notice also provides guidance to PHAs on the use of the
additional $4.5 million of Drug Elimination grant funds that the
Department is making available to PHAs to increase the amount available
for buybacks and for the development, outreach, technical assistance,
training, assessment and execution activities related to the gun
buyback violence reduction initiatives. HUD estimates that this
initiative has the potential to remove more than 300,000 guns from
circulation.
    Contained in the body of this document is further information
concerning the purpose of the NOFA, applicant eligibility, available
amounts, submission requirements, and application processing, including
how to apply, and how selections will be made.

DATES: Applications may be submitted at any time after publication of
this notice. The application due date is December 3, 1999, or until all
available funds have been awarded. Eligible applications that comply
with the requirements of this notice will be funded on a first-come,
first-served basis to the extent funding remains available.

ADDRESSES: To participate in this initiative and apply for funding
under this Notice, a housing agency must submit an application to the
U.S. Department of Housing and Urban Development, Grants Management
Center, 501 School Street, SW, Suite 800, Washington, DC 20024,
Attention: Gun Buyback Initiative. Applications may simply consist of a
letter of request as long as it contains the information required by
this Notice.

FOR FURTHER INFORMATION CONTACT: Cedric Brown, Program Analyst,
Community Safety and Conservation Division, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street, SW, Room 4206, Washington, DC 20410, telephone (202) 708-1197
x.4057. Hearing or speech-impaired individuals may access this number
via TTY by calling the toll-free Federal Information Relay Service at
1-800-877-8339. Also, please see HUD's website at http://www.hud.gov/
pih/legis/titlev.html for additional PHDEP information.

SUPPLEMENTARY INFORMATION:

I. Authority

    The Public Housing Drug Elimination Program is authorized under the
Public and Assisted Housing Drug Elimination Act (42 U.S.C. 11901 et.
seq).

II. Amount Allocated

    Public Law 105-276 (the FY 1999 HUD Appropriations Act)
appropriated $310,000,000 for the Public and Assisted Housing Drug
Elimination Program. Of that amount, approximately $230,750,000 is
being made available for PHDEP grants in FY99. Of the total
$310,000,000 appropriated for the Public and Assisted Housing Drug
Elimination Program, the FY 1999 HUD Appropriations Act also set aside
$10,000,000 for ``grants, technical assistance, contracts and other
assistance, training, and program assessment and execution''.
Approximately $4,500,000 of this $10,000,000 set aside amount is being
made available under this notice for the development, outreach,
technical assistance, training, assessment and execution activities
related to gun buyback violence reduction initiatives.
    As discussed in this notice, HUD is encouraging PHAs to reprogram a
portion of their FY 1999 PHDEP grant funds to implement and operate gun
buyback violence reduction initiatives in cooperation with local law
enforcement agencies. Under this notice, HUD will use the $4.5 million
set aside amount described in the paragraph above to match up to $10.5
million of the $230,750,000 of PHDEP grant funds that are reprogrammed
to implement and operate gun buyback violence reduction initiatives.
PHAs may request to use PHDEP funds for gun buyback violence reduction
efforts until the established due date, December 3, 1999, or until
available funds are exhausted. The Department will no longer approve
PHA applications for further gun buyback violence reduction initiatives
under this notice after the established due date, December 3, 1999, or
after available funds have been awarded.

III. Background

    With almost one gun for every man, woman and child, America is
drowning today in a flood of guns and we're paying a heavy price for
this proliferation, particularly in urban areas where much of public
housing is located. In 1996, we lost more Americans to gunfire than we
lost in the entire Korean War. Currently, over 600 people die in gun-
related incidents in the U.S. each week. That's over 30,000 every year.
This includes over 1,000 accidental deaths and over 18,000 suicides.
Another 100,000 are injured annually in non-fatal shootings.
    Our children pay the highest price. The rate of accidental shooting
deaths for children under fifteen in the United States is nine times
higher than the other 25 industrialized countries combined. And the
great increase in suicides among teenagers and young adults in the past
four decades has been mostly due to an increase in gun related
suicides. Easy access to weapons is the single most overwhelming factor
contributing to the high rate of gun deaths and injuries in this
country.
    In an effort to curtail the hazards of accidental shootings,
suicides, the tragedies of domestic violence, the dangers of gun
violence, and the devastating effects that often accompany such acts,
police agencies and local community organizations around the country
have created various types of gun buyback initiatives. Gun reduction
efforts operate on the premise that accidental shootings, unintentional
injuries, suicides and violent crimes can be reduced in communities if
there are fewer weapons available with which to commit such acts. PHAs
have an important role to play in the reduction of the number of guns
and incidents of gun-related violence in our communities.

[[Page 60081]]

    HUD is sponsoring the initiative announced in this notice through
its Public Housing Drug Elimination Program to promote the cooperation
of PHAs and local law enforcement agencies in conducting gun buyback
initiatives aimed at reducing accidental or unintentional shootings,
suicides, domestic violence and other forms of gun violence. HUD is
inviting PHAs who are recipients of FY 1999 PHDEP funding to reprogram
a portion of their PHDEP funding to implement gun reduction initiatives
in their localities. To encourage the participation of PHAs in this
initiative, HUD will provide a participating PHA with additional
funding to increase the amounts available for gun buybacks and maximize
the number of guns taken out of circulation, and for the development,
outreach, technical assistance, training, assessment and execution
activities related to gun buyback violence reduction initiatives.
Funding being made available for this purpose will be equal to
approximately 43 percent of the amount of PHDEP funding the PHA devotes
to the gun buyback violence reduction initiative.
    In addition to reducing the number of accidental shootings,
suicides, domestic and gun violence, gun reductions efforts have other
positive aspects for housing and community residents such as:
   
Raising public consciousness about community safety and
soliciting neighborhood participation in crime control efforts.
   
Acting as a visible deterrent to criminal activity.
   
Increasing police presence in communities.
   
Establishing stronger bonds between the community and the
police, which might aid in more cooperative crime prevention and crime
resolutions.
   
Increasing trust in the police on the part of the
community.
   
Affording the community an active role in the fight
against accidental shootings, suicides, domestic violence, violent
crimes and firearm related criminal activity.
   
Involving community businesses as cosponsors of these
programs, which could bring about more resources and publicity in
support of the gun reduction efforts.
    While these factors and reports of the success of gun buyback
initiatives have been sufficiently favorable to encourage HUD to
undertake this effort, the total amount of HUD assistance being devoted
to this effort under this notice is capped at a total of $10.5 million
in Fiscal Year 1999 (FY99) PHDEP program funding, plus the additional
$4.5 million. HUD will sponsor an independent assessment of this
initial effort to more accurately and objectively determine the
effectiveness of such initiatives before expanding this effort further.
PHAs and local law enforcement agencies participating in the initiative
under this notice may be contacted to participate in this assessment.

IV. Application Procedures and Requirements

A. General Overview

    PHDEP funds are made available to a PHA to be used in a manner
consistent with the PHA's PHDEP plan to address drug-related, violent
and criminal activity in and around public housing. Therefore, to
participate in this initiative, a PHA must reprogram a portion of the
funds in its PHDEP plan for gun buyback violence reduction activities.
Before funds are awarded under this notice, a PHA will have to submit a
reprogramming request for HUD approval. HUD will review each
reprogramming request as it is received and upon approval of the
request will authorize additional funding at a rate of approximately
$43 for every $100 dollars of FY 1999 PHDEP funding reprogrammed. This
represents an additional 43 percent of funding for the PHA's gun
buyback violence reduction. HUD approval will consist of HUD signing
off on the reprogramming request and MOU (an executed agreement to
carry out the gun buyback initiative) between the PHA and the local
police, and having HUD amend the PHDEP grant award to the PHA to
support the gun reduction effort.
    Because of the security issues involved, the gun buyback activities
must be conducted by the local law enforcement agency. The FY 1999
PHDEP funds for this gun reduction initiative fall under the categories
of eligible PHDEP activities of ``programs designed to reduce use of
drugs in and around public or federally assisted low-income housing
projects, including drug-abuse prevention, intervention, referral, and
treatment programs'', as provided in 42 U.S.C. 11903(a)(6) and, under
appropriate circumstances, reimbursement of local law enforcement
agencies for additional security and protective services, as provided
in 42 U.S.C. 11903(a)(2). Funds for buyback activities may not be drawn
until the grantee has executed an agreement or Memorandum of
Understanding for the additional law enforcement services. The full
amount of PHDEP funds that are reprogrammed should be used for the
actual buyback costs. HUD also strongly recommends that the additional
43 percent of funding made available be used for gun buyback costs to
maximize the number of guns taken out of circulation.
    In addition to the use of reprogrammed FY 1999 PHDEP funds and the
additional funding made available under this NOFA, PHAs may and are
encouraged to use funding from other sources, such as contributions
from local government or the private sector, for their gun buyback/
violence reduction initiatives. PHAs may, for example, negotiate with
businesses in the community that vouchers exchanged for guns under the
initiative provide an additional discount or value increase when
redeemed at that business. PHAs and local law enforcement agencies are
also strongly encouraged to seek out and obtain community cooperation
and resources to leverage the costs of the development, outreach,
technical assistance, training, assessment and execution activities
related to the initiative, because a community-wide effort is likely to
have the greatest positive impact.

B. Eligible Applicants

    PHAs that are (1) recipients of FY 1999 PHDEP funding, (2) devoting
a portion of that funding to gun buyback violence reduction
initiatives, and (3) implementing their gun buyback initiatives in
cooperation with local law enforcement agencies, as evidenced by
letters of intent and executed agreement, may apply for a portion of
the additional $4,500,000 TA funding under this notice.

C. Amount of Funding Per Applicant

    Consistent with this notice, HUD will permit a PHA to reprogram up
to $500,000 of its FY 1999 PHDEP funding to gun buyback violence
reduction initiatives. In addition to the amount reprogrammed, PHAs
will receive an additional amount of funding equal to approximately 43
percent of the FY99 PHDEP dollars devoted to the gun buyback
initiative.

D. Eligible Activities.

    Police conducting the buyback activity should accept for buyback
firearms as defined under Federal, State or local law. The Federal law
definition of a firearm is found at 18 U.S.C. 921(a)(3). In deference
to local conditions and judgments, HUD will consider a wide range of
gun buyback violence reduction activities, in accordance with the
following:
    1. Form of buyback exchange. HUD encourages these initiatives to
offer gift certificates, food vouchers, certificates for merchandise
such as toys, or otherincentives of value to those who turn in guns,
in addition to or in place of cash payments.
    2. Amount of value per exchange. HUD suggests value equivalent to
$50 of the HUD assistance provided to be offered for each gun
exchanged. Additional value in the form of discounts or extra
merchandise made available by businesses participating in the
initiative may also be offered.
    3. Site of gun buyback activities. While PHDEP activities must be
planned to reduce drug-related, violent and criminal activity in or
around the premises of public housing, perpetrators of gun violence are
frequently non-resident predators of public housing. Gun buyback
activities, therefore, do not need to be conducted on the PHA premises
in order to be effective. However, it is anticipated that the gun
reduction effort will have a noticeable impact on reducing the number
of guns and the risk of unintentional shootings in the homes and
communities of public housing residents.
    4. Disposal of guns. Once the police collect the weapons from the
buyback initiatives, the guns must be destroyed so as not to be put
back into use or circulation, unless law enforcement needs call for
another action, such as preservation of a gun as evidence or a
determination of whether a gun was stolen or used in the commission of
a crime. If a gun is determined to be stolen, it must be returned to
its lawful owner. Guns may not be resold or exchanged for value, except
in connection with their destruction and conversion to scrap; however,
a gun determined to be a curio or relic under 27 CFR 178.11 may be
donated to a State or Federal museum. Local law enforcement agencies
will be required to include the following recovery, tracing and
destruction procedures in their disposal of firearms obtained under
this initiative:
    (a) Certain firearms defined under the National Firearms Act (NFA),
26 U.S.C. 5845(a), e.g., short-barreled shotguns, generally must be
registered with the Bureau of Alcohol, Tobacco, and Firearms (ATF).
Local police will consult with the ATF where NFA firearms are
surrendered in a buyback program;
    (b) Local police will conduct a search of each surrendered firearm
in the National Crime Information Center (NCIC).
    (c) Where available, local police will test each surrendered
firearm using an automated ballistics information system such as IBIS
or DRUGFIRE.
    (d) Where appropriate, certain surrendered firearms should be
traced. For example, firearms possessed in violation of local law or
ordinance, NFA firearms, firearms with an obliterated serial number, or
firearms that are determined by local law enforcement to be associated
with crime must be traced where possible.

E. Application Submission Requirements

    Each application for funding under this notice must include the
following:
    1. A written statement briefly describing which activities in the
PHA's PHDEP plan would be reprogrammed, and the resulting reprogrammed
amount of FY 1999 PHDEP funding to be used for the gun buyback
reduction activities;
    2. A brief description of the proposed gun buyback initiative,
including the gun recovery, tracing, and destruction procedures that
will be followed, in accordance with the requirements and guidelines of
this notice;
    3. Letters of intent. A letter of intent signed by the chief of the
local law enforcement agency to conduct the gun buyback initiative in
accordance with the description submitted, and a letter of intent from
the chief executive officer (generally the mayor or county executive)
of the unit of local government for the jurisdiction indicating the
cooperation and support of the local jurisdiction.

F. Award Process

    As HUD receives applications, it will log them in by date and time.
HUD will notify each PHA applicant that it is eligible to reprogram its
PHDEP funds in the amount indicated in the application until a total of
$10.5 million of FY 1999 PHDEP funding has been designated eligible for
reprogramming. Before additional funds are awarded, the PHA will be
required to submit its formal programming request describing which
activities in the PHA's PHDEP plan are being reprogrammed, and the
reprogrammed amount of FY 1999 PHDEP funding to be used for the gun
buyback reduction activities. The PHA must also submit an executed
agreement with the local law enforcement agency to conduct the gun
buyback initiative in accordance with the description in the
reprogramming request. Upon approval of the PHA's reprogramming request
and executed agreement, HUD will award the additional 43 percent of
funding through an amendment to the PHDEP grant agreement. All grants
to PHAs and their sub-grants to local law enforcement agencies are
subject to the applicable administrative requirements for grants of 24
CFR part 85, including the monitoring and reporting program performance
requirements of Sec. 85.40 and the financial reporting requirements of
Sec. 85.41.

V. Certifications and Findings

Environmental Impact

    This notice does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
notice is categorically excluded from environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321).

Paperwork Reduction Act Statement

    The information collection requirements for the Public Housing Drug
Elimination Program were submitted to the Office of Management and
Budget for review under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520) and have been assigned OMB control number
2577-0124. 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.

Federalism, Executive Order 12612

    The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this notice will not have substantial direct effects on
States or their political subdivisions, or on the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
Specifically, the notice seeks to encourage the undertaking of a
specific eligible activity under the Public Housing Drug Elimination
Program, and does not impinge upon the relationships between the
Federal government and State and local governments. As a result, the
notice is not subject to review under the Order.

Catalog of Domestic Assistance Number

    The Catalog of Domestic Assistance number for the Public Housing
Drug Elimination Program is 14.854.

    Dated: October 28, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-28856 Filed 11-2-99; 8:45 am]
BILLING CODE 4210-33-P