Notice of HUD's Fiscal Year (FY) 2009 Notice of Funding Availability (NOFA); Policy Requirements and General Section to HUD's FY2009 NOFAs for Discretionary Programs, 79548-79584 [E8-30600]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79548-79584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30600]



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Part II





Department of Housing and Urban Development





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 Notice of HUD's Fiscal Year (FY) 2009 Notice of Funding Availability 
(NOFA); Policy Requirements and General Section to HUD's FY2009 NOFAs 
for Discretionary Programs; Notice

Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / 
Notices

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5300-N-01]


Notice of HUD's Fiscal Year (FY) 2009 Notice of Funding 
Availability (NOFA); Policy Requirements and General Section to HUD's 
FY2009 NOFAs for Discretionary Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of HUD's FY2009 NOFA Policy Requirements and General 
Section to HUD's FY2009 NOFAs for Discretionary Programs (notice).

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SUMMARY: This notice provides prospective applicants for HUD's 
competitive funding with the opportunity to become familiar with the 
General Section of HUD's FY2009 NOFAs, in advance of publication of any 
FY2009 NOFAs. This year, HUD plans to publish its NOFAs as they are 
approved for publication and not in a combined SuperNOFA. HUD believes 
that by making this change, the NOFAs will be available earlier in the 
fiscal year. To assist applicants in this transformation, HUD is 
publishing the anticipated schedule for release of HUD's FY2009 NOFAs 
in Appendix A. The information regarding NOFA programs and schedules is 
subject to the availability of appropriations. As HUD receives 
appropriations, HUD may elect to amend the anticipated dates, estimated 
funds available, and/or program requirements that may appear in the 
published NOFAs to reflect HUD's FY2009 appropriations act, when 
enacted by Congress. Any amendment to HUD published NOFAs will be made 
available to the public through a Federal Register publication and 
published on https://www.grants.gov. Applicants are urged to sign up for 
Grants.gov's RSS Feed service to receive any changes to this General 
Section to HUD's FY2009 NOFAs. Information about the RSS Feed Service 
can be found at https://www07.grants.gov/help/rss.jsp. Detailed 
instructions on use of the RSS Feed can be found later in this General 
Section.
    Applicants are advised to become familiar with the requirements of 
this General Section, particularly with applicant Grants.gov 
registration requirements and submission instructions. Submission 
instructions must be adhered to in order to have a successful 
submission. Applicants are also advised to provide copies of the 
General Section to all persons that will be working on the application. 
HUD has found too often that the Program Section and the application 
are passed along, but not the General Section instructions; thus 
placing Authorized Organization Representatives (AORs) at a 
disadvantage in not having all the information needed for submission.
    HUD will continue to require that applicants submit their 
applications electronically via Grants.gov. In FY2008, HUD switched to 
Adobe Forms application packages, available on Grants.gov. The Adobe 
Forms packages take more processing power, are larger in size, and use 
more memory than the earlier packages used by Grants.gov. Applicants 
are advised to pay careful attention to the submission instructions 
contained in this notice. Failure to do so will result in difficulty in 
uploading your application and ``VirusDetect'' rejection notices. The 
Adobe Forms packages are compatible with Windows XP Windows and Windows 
Vista operating systems, Apple Macintosh computers, and Microsoft 
Office 2007. Please carefully read the instructions in this notice 
regarding use of Adobe Forms.
    To submit an application via Grants.gov, new users will be required 
to complete a five-step registration process, which can take 2 to 4 
weeks to complete. The process includes ensuring that information 
provided for the applicant organization to Dun and Bradstreet (D&B) for 
your DUNS number matches information previously provided by your 
organization and contained in Internal Revenue Service (IRS) records. 
If there is a discrepancy in the information, the registration cannot 
be completed until discrepancy issues are resolved. Applicants that 
have previously completed the registration process have to renew or 
update their registration in the Central Contractor Registration (CCR). 
The renewal/update process confirms that the registration information 
is still accurate and allows organizations to make any appropriate 
changes. During the renewal/update process, the CCR will check the D&B 
information against the IRS records for the applicant organization. If 
there are discrepancies, the renewal/update cannot be completed until 
the discrepancies are resolved. Please allow adequate time to resolve 
any registration issues. Failure to complete the renewal/update process 
in the CCR before the CCR registration expires will result in an 
applicant having to repeat the five steps of the registration process. 
If an applicant changes the eBusiness Point of Contact in the CCR 
registration, it should make sure the new eBusiness Point of Contact 
has also granted permission to the person submitting the application to 
be the AOR. To submit an eligible application to HUD, the AOR must be 
able to enter into a legally binding agreement on behalf of the 
organizational entity. Please see detailed registration instructions in 
Section IV.B. of this notice.
    HUD recommends that all prospective applicants take the time to 
carefully read the notice entitled ``Notice of Opportunity to Register 
Early and other Important Information for Electronic Application 
Submission via Grants.gov,'' published on December 5, 2008 (73 FR 
74179). This notice is also available on HUD's Web site at https://
www.hud.gov/offices/adm/grants/fundsavail.cfm and on https://
www.Grants.gov. HUD's Early Registration notice provides step-by-step 
instructions for applicants who must register with Grants.gov and also 
provides renewal/update instructions for those who have previously 
registered. Prospective applicants should register or update their 
registration information upon publication of this notice so you are 
prepared when the Program Section NOFAs are published. Please note that 
the Continuum of Care application is submitted through the HUD eSNAPS 
system, not Grants.gov. Submission instructions for the eSNAPs 
applications will be contained in the NOFA for the Continuum of Care 
program. Notification of the availability of the Continuum of Care NOFA 
and FY2009 application, and other information, will be released via the 
Grants.gov Web site. HUD does not maintain a mailing list with the 
exception of the Continuum of Care listserv for the Continuum of Care 
applicant community. To join the HUD homeless assistance program 
listserv, go to https://www.hud.gov/subscribe/
signup.cfm?listname=Homeless%20Assistance%20Program&list=HOMELESS-ASST-
L.

FOR FURTHER INFORMATION CONTACT: For further information on HUD's 
FY2009 Policy Requirements and General Section, contact the Office of 
Departmental Grants Management and Oversight, Office of Administration, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
3156, Washington, DC 20410-5000; telephone number 202-708-0667. This is 
not a toll-free number. Persons with hearing or speech impairments may 
access this number via TTY by calling the Federal Information Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Each year, HUD strives to improve its 
competitive funding process. To help applicants with electronic 
application registration

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and submission, HUD is updating its Desktop User Guide for Submitting 
Electronic Grant Applications. The user guide will provide step-by-step 
details and screen shots of the entire registration and application 
submission process, including troubleshooting application submission 
errors. HUD updates the guide regularly and it will be available at 
https://www.hud.gov/offices/adm/grants.
    HUD believes that early publication of the General Section is 
beneficial to prospective applicants by providing advance notice of the 
Department's threshold requirements, strategic goals, policy 
priorities, and other requirements applicable to almost every 
individual NOFA published by the Department. The General Section is 
structured to refer the reader to the individual program NOFAs. 
Although program NOFAs are not being published at this time, the 
references are retained. Likewise, when program NOFAs are published 
they will contain references to the General Section. The General 
Section and Program Sections comprise the NOFA instructions. Forms and 
narratives are used by the applicants to address the requirements 
contained in the instructions. When the Program Sections of the FY2009 
NOFAs are published, they will be consistent with the General Section.
    HUD is always interested in improving its application processes. 
You can help HUD improve its outreach and program NOFAs by providing 
feedback on ways it can improve the NOFA process. Please note that each 
application contains a ``You Are Our Client!'' questionnaire. HUD 
requests that you respond to this survey to let the Department know 
what improvements have been beneficial and to share your ideas on where 
improvements can continue to be made. HUD carefully considers the 
comments received from its clients and strives to use the comments to 
improve each year's NOFAs and the funding process.
    This publication includes a list of programs for which NOFAs are 
anticipated to be published in FY2009, subject to the availability of 
funds. Any changes to the listing will be identified in each published 
program NOFA. Any changes to this General Section will be published as 
Technical Corrections in the Federal Register and on https://
www.Grants.gov.
    HUD hopes that the information contained in this General Section, 
and in other publications designed to assist applicants requesting 
funds via electronic application, is helpful to you, our applicants.

    Dated: December 17, 2008.
Roy A. Bernardi,
Deputy Secretary.

Overview Information

    A. Federal Agency Name: Department of Housing and Urban Development 
(HUD), Office of the Secretary.
    B. Funding Opportunity Title: Policy requirements applicable to all 
HUD Notices of Funding Availability (NOFAs) published during FY2009.
    C. Announcement Type: Initial announcement of the general policy 
requirements that apply to all HUD federal financial assistance NOFAs 
for FY2009.
    D. Funding Opportunity Number: FR-5300-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA 
number is provided for each HUD federal financial assistance program. 
When using ``Apply Step 1'' on the Grants.gov Web site to download an 
application, you will be asked for the CFDA number. Please refer to the 
CFDA number in the Grants.gov synopsis of the programs for which you 
wish to apply. The CFDA number is a key data element used for the 
application search feature of Grants.gov. Use only the CFDA number, the 
Funding Competition Identification Number, or the Funding Opportunity 
Number, when searching Grants.gov. Using more than one of these items 
will result in an error message indicating that the opportunity cannot 
be found.
    F. Dates: The deadline dates that apply to the federal financial 
assistance made available through HUD's FY2009 NOFAs will be found in 
the published NOFAs. Appendix A to this General Section lists the 
programs expected to be included in HUD's FY2009 NOFAs, and their 
anticipated publication time frame.
    G. Additional Overview Content Information: Unless otherwise 
stated, HUD's general policy requirements set forth in this notice 
apply to all HUD federal financial assistance made available through 
HUD's FY2009 NOFAs. These policies cover all NOFAs issued for FY2009 
funding.

Full Text of Announcement

I. Funding Opportunity Description

    This notice describes HUD's FY2009 policy requirements applicable 
to all of HUD's NOFAs published in FY2009. Each published NOFA will 
contain a description of the specific requirements for the program for 
which funding is made available and each will refer to applicable 
policies described in this General Section. Each program NOFA will also 
describe additional procedures and requirements that apply to the 
individual program NOFA, including a description of the eligible 
applicants, eligible activities, threshold requirements, factors for 
award, variations from the General Section requirements, and any 
additional program requirements or limitations. To adequately address 
all of the application requirements for any program for which you 
intend to apply, please carefully read and respond to both this General 
Section and the individual program NOFAs.
    Authority. HUD's authority for making funding available under its 
FY2009 programs is identified in each program NOFA.

II. Award Information

    Funding Available. Each program NOFA will identify the estimated 
amount of funds available in FY2009 based on anticipated or available 
appropriations, plus any funds from previous years available for award 
in FY2009. Appendix A to this General Section lists the programs HUD 
expects to issue NOFAs for in FY2009.
    Additional program NOFAs may be published during FY2009. Any 
additional funding opportunities will be made available on https://
www.Grants.gov and the Federal Register.

III. Eligibility Information

    A. Eligible Applicants. The individual program NOFAs describe the 
eligible applicants and eligible activities for each program. 
Applicants should be aware that HUD does not directly fund individuals 
through its competitive NOFA process.
    B. Cost Sharing or Matching. The program NOFAs describe the 
applicable cost sharing, matching requirements, or leveraging 
requirements related to each program, if any. Although matching or cost 
sharing may not be required, HUD programs often encourage applicants to 
leverage grant funds with other funding to receive higher rating 
points.
    It is important to note that the following Office of Management and 
Budget (OMB) circulars are applicable, and particular attention should 
be given to the provisions concerning the use of federal funds for 
matching requirements.
    OMB Circular A-102 (Grants and Cooperative Agreements with State 
and Local Governments) establishes consistency and uniformity among 
federal agencies in the management of grants and cooperative agreements 
with state, local, and federally recognized Indian tribal governments. 
The circular

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provides that state and local administration of federal funds must 
include fiscal and administrative requirements that are sufficiently 
specific to ensure that funds are used in compliance with all 
applicable federal statutory and regulatory provisions, costs are 
reasonable and necessary for operating these programs, and funds are 
not to be used for general expenses required to carry out other 
responsibilities of a state or its subrecipients. HUD's implementation 
of OMB Circular A-102 is found at 24 CFR part 85.
    OMB Circular A-110 (Uniform Administrative Requirements for Grants 
and Agreements with Institutions of Higher Education, Hospitals, and 
Other Non-Profit Organizations) sets forth standards for obtaining 
consistency and uniformity among federal agencies in the administration 
of grants and agreements with institutions of higher education, 
hospitals, and other nonprofit organizations. This circular specifies 
the conditions for which funds may be used for cost sharing or matching 
and provides that federal funds shall not be accepted as cost sharing 
or matching, except where authorized by federal statute to be used for 
cost sharing or matching. HUD's implementation of OMB Circular A-110 is 
found at 24 CFR part 84.
    OMB Circular A-87 (2 CFR Part 225) (Cost Principles for State, 
Local, and Indian Tribal Governments) establishes principles and 
standards for determining costs for federal awards carried out through 
grants, cost reimbursement contracts, and other agreements with state 
and local governments and federally recognized Indian tribal 
governments (governmental units). This circular provides that an 
allowable cost under a federal award does not include a cost sharing or 
matching requirement of any other federal award in the applicable 
funding period, except as specifically provided by federal law or 
regulation.
    OMB Circular A-122 (2 CFR 230) (Cost Principles for Non-Profit 
Organizations) establishes principles for determining costs of grants, 
contracts, and other agreements with nonprofit organizations. This 
circular provides, similar to OMB Circular A-87, that an allowable cost 
under a federal award in the applicable funding period does not include 
a cost sharing or matching requirement of any other federally financed 
program.

    Note: Applicants for funding under HUD's FY2009 NOFA are 
reminded of the importance of confirming that any federal grant 
funds that they intend to use as a cost sharing or matching share 
are available to be used as matching funds under applicable statutes 
and regulations.

    C. Other Requirements and Procedures Applicable to All Programs. 
Except as may be modified in the individual program NOFAs, the 
requirements, procedures, and principles listed below apply to all HUD 
programs in FY2009 for which funding is announced by NOFA and published 
in the Federal Register. Please read the individual program NOFAs for 
additional requirements and information.
    1. Statutory and Regulatory Requirements. To be eligible for 
funding under HUD NOFAs issued during FY2009, applicants must meet all 
statutory and regulatory requirements applicable to the program or 
programs for which they seek funding. Applicants requiring program 
regulations may obtain them from the NOFA Information Center or through 
HUD's grants Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm. See the individual program NOFAs for instructions on 
how HUD will respond to proposed activities that are ineligible.
    2. Threshold Requirements.
    a. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number 
Requirement. All applicants seeking funding directly from HUD must 
obtain a DUNS number and include the number in their Application for 
Federal Assistance submission. Failure to provide a DUNS number will 
prevent an applicant from obtaining an award, regardless of whether it 
is a new award or renewal of an existing one. This policy is pursuant 
to the OMB policy issued in the Federal Register on June 27, 2003 (68 
FR 38402). HUD published its regulation implementing the DUNS number 
requirement on November 9, 2004 (69 FR 65024). A copy of the OMB 
Federal Register notice and HUD's regulation implementing the DUNS 
number can be found on HUD's Web site at https://www.hud.gov/offices/
adm/grants/duns.cfm. When registering with Dun and Bradstreet, please 
be sure to use the organization's legal name that is used when filing a 
return with or making payments to the Internal Revenue Service. 
Organizations should also provide the zip code using the zip code plus 
the four additional digits. The DUNS number used in the application 
must be for the applicant organization, not the entity submitting the 
application on behalf of the applicant.
    c. Compliance with Fair Housing and Civil Rights Laws.
    (1) With the exception of federally recognized Indian tribes and 
their instrumentalities, applicants must comply with all applicable 
fair housing and civil rights requirements in 24 CFR 5.105(a). If you 
are a federally recognized Indian tribe, you must comply with the 
nondiscrimination provisions enumerated at 24 CFR 1000.12, as 
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program 
NOFAs.
    (2) If you, the applicant:
    (a) Have been charged with an ongoing systemic violation of the 
Fair Housing Act; or
    (b) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an ongoing pattern or practice of 
discrimination; or
    (c) Have received a letter of findings identifying ongoing systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, section 
504 of the Rehabilitation Act of 1973, or section 109 of the Housing 
and Community Development Act of 1974, and the charge, lawsuit, or 
letter of findings referenced in subparagraphs (a), (b), or (c) above 
has not been resolved to HUD's satisfaction before the application 
deadline, then you are ineligible and HUD will not rate and rank your 
application. HUD will determine if actions to resolve the charge, 
lawsuit, or letter of findings taken before the application deadline 
are sufficient to resolve the matter.
    Examples of actions that would normally be considered sufficient to 
resolve the matter include, but are not limited to:
    (i) A voluntary compliance agreement signed by all parties in 
response to a letter of findings;
    (ii) A HUD-approved conciliation agreement signed by all parties;
    (iii) A consent order or consent decree; or
    (iv) An issuance of a final judicial ruling or a HUD Administrative 
Law Judge's decision.
    d. Conducting Business in Accordance with Core Values and Ethical 
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 or 85 
(most nonprofit organizations and state, local, and Indian tribal 
governments or government agencies or instrumentalities that receive 
federal awards of financial assistance) are required to develop and 
maintain a written code of conduct (see 24 CFR 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

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may arise among officers, employees, or agents; prohibit the 
solicitation and acceptance of gifts or gratuities by your officers, 
employees, or agents for their personal benefit in excess of minimal 
value; and outline administrative and disciplinary actions available to 
remedy violations of such standards. Before entering into an agreement 
with HUD, an applicant awarded assistance under a HUD program NOFA 
announced in FY2009 will be required to submit a copy of its code of 
conduct and describe the methods it will use to ensure that all 
officers, employees, and agents of its organization are aware of its 
code of conduct. An applicant is prohibited from receiving an award of 
funds from HUD if it fails to meet this requirement for a code of 
conduct. An applicant that previously submitted an application and 
included a copy of its code of conduct will not be required to submit 
another copy if the applicant is listed on HUD's Web site https://
www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm, and if the 
information has not been revised. An applicant not listed on the Web 
site must submit a copy of its code of conduct with its FY2009 
application for assistance. An applicant must also include a copy of 
its code of conduct if the information listed on the above Web site has 
changed (e.g., the person who submitted the previous application is no 
longer the authorized organization representative, the organization has 
changed its legal name or merged with another organization, or the 
address of the organization has changed, etc.). Any applicant that 
needs to may submit its code of conduct to HUD via facsimile using the 
form HUD-96011, ``Facsimile Transmittal'' (``Third Party Documentation 
Facsimile Transmittal'' on Grants.gov) at the time of application 
submission. This form is available as part of your application package 
that was downloaded from Grants.gov. When using the facsimile 
transmittal form, please type the requested information. Use the form 
HUD-96011 as the cover page for the submission and include the 
following header in the top line of the form under Name of Document 
Being Requested: ``Code of Conduct for (insert your organization's 
name, city, and state).'' Fax the information to HUD's toll-free number 
at 800-HUD-1010. If you cannot access the 800 number or have problems, 
you may use 215-825-8798 (this is not a toll-free number). These are 
new numbers for FY2009 applications. These facsimile numbers are not 
those used for FY2008. If you use the wrong fax number, your fax will 
be entered as part of HUD's FY2008 database. HUD cannot search its 
FY2008 database to match FY2009 faxes to FY2009 applications. As a 
result, your application will be reviewed without faxed information if 
you fail to use the FY2009 fax numbers.
    Continuum of Care applicants should follow the directions in the 
Continuum of Care program NOFA for submission of Codes of Conduct.
    e. Delinquent Federal Debts. It is HUD policy, consistent with the 
purposes and intent of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), that 
applicants with an outstanding federal debt will not be eligible to 
receive an award of funds from the Department unless: (1) A negotiated 
repayment schedule is established and the repayment schedule is not 
delinquent, or (2) other arrangements satisfactory to HUD are made 
prior to the award of funds by HUD. If arrangements satisfactory to HUD 
cannot be completed within 90 days of notification of selection, HUD 
will not make an award of funds to the applicant, but offer the award 
to the next eligible applicant. Applicants selected for funding, or 
awarded funds, must report to HUD changes in status of current 
agreements covering federal debt. HUD may withhold funding, terminate 
an award, or seek other remedies from a grantee if a previously agreed-
upon payment schedule has not been adhered to or a new agreement with 
the federal agency to which the debt is owed has not been signed.
    f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system if the 
recommended applicant has no prior federal support, if HUD's program 
officials have reason to question whether the applicant's financial 
management system meets federal financial management standards, or if 
the applicant is considered a high risk based upon past performance or 
financial management findings. HUD will not disburse funds to any 
applicant that does not have a financial management system that meets 
federal standards. (Please see 24 CFR 84.21 if you are an institution 
of higher education, hospital, or other nonprofit organization. See 24 
CFR 85.20 if you are a state, local government, or federally recognized 
Indian tribe).
    g. 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, 
including if any key individual has been convicted or is presently 
facing criminal charges. If the name check reveals significant adverse 
findings that reflect on the business integrity or responsibility of 
the applicant or any key individual, HUD reserves the right to: (1) 
Deny funding, or in the case of a renewal or continuing award, consider 
suspension or termination of an award immediately for cause, (2) 
require the removal of any key individual from association with 
management or implementation of the award, and (3) make appropriate 
provisions or revisions with respect to the method of payment or 
financial reporting requirements.
    h. False Statements. A false statement in an application is grounds 
for denial or termination of an award and possible punishment, as 
provided in 18 U.S.C. 1001.
    i. Prohibition Against Lobbying Activities. Applicants are subject 
to the provisions of Section 319 of Public Law 101-121 (approved 
October 23, 1989) (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. In addition, applicants must disclose, using Standard 
Form LLL (SF-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, or 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 only under state law must comply with this requirement. 
Applicants must submit the SF-LLL if they have used or intend to use 
federal funds for lobbying activities.
    j. Debarment and Suspension. In accordance with 2 CFR part 2424, no 
award of federal funds may be made to applicants that are presently 
debarred or suspended, or proposed to be debarred or suspended from 
doing business with the federal government.
    3. Other Threshold Requirements. The individual program NOFAs for 
which you are applying may specify other threshold requirements. 
Additional threshold requirements may be identified in the discussion 
of ``eligibility'' requirements in the individual program NOFAs. If a 
program NOFA requires a certification of consistency with the 
Consolidated Plan and the applicant fails to provide

[[Page 79552]]

a certification, and such failure is not cured as a technical 
deficiency, HUD will not fund the application. If HUD is provided a 
signed certification indicating consistency with the area's approved 
Consolidated Plan and HUD finds that the activities are not consistent 
with the Consolidated Plan, HUD will not fund the inconsistent 
activities or will deny funding the application if a majority of the 
activities are not consistent with the approved Consolidated Plan. The 
determination not to fund an activity or to deny funding may be 
determined by a number of factors, including the number of activities 
being proposed, the impact of the elimination of the activities on the 
proposal, or the percent of the budget allocated to the proposed 
activities.
    4. Additional Nondiscrimination and Other Requirements. Applicants 
and their subrecipients must comply with:
    a. Civil Rights Laws, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), the Age Discrimination Act of 1974 
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act 
of 1972 (20 U.S.C. 1681 et seq.).
    b. Affirmatively Furthering Fair Housing. Under section 808(e)(5) 
of the Fair Housing Act, HUD has a statutory duty 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 include race, color, 
national origin, religion, sex, disability, and familial status. Unless 
otherwise instructed in the individual program NOFA, 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 (See Certification requirements under 24 CFR 
91.225);
    (2) Remedy discrimination in housing; and
    (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 individual program NOFA 
rating factors that address affirmatively furthering fair housing. 
These requirements apply to all HUD programs announced via a NOFA, 
unless specifically excluded in the individual program NOFA.
    c. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3). Certain programs to be issued during FY2009 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. Review 
the individual program NOFAs to determine if section 3 applies to the 
program for which you are seeking funding. Section 3 requires 
recipients to ensure, to the greatest extent feasible, that 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 to business concerns that 
provide economic opportunities to low- and very low-income persons in 
the area in which the project is located. The section 3 regulations at 
24 CFR part 135, subpart E, impose certain reporting requirements on 
recipients, including the submission of an annual report, using form 
HUD-60002 or HUD's online system at https://www.hud.gov/offices/fheo/
section3/section3.cfm. Grantees reporting Section 3 activities in paper 
format should mail the report to: U.S. Department of Housing and Urban 
Development, Office of Fair Housing and Equal Opportunity, Economic 
Development Opportunity Division, 451 7th Street, SW., Room 5232, 
Washington, DC 20410.
    The annual report is highly important to the Department in 
determining compliance with Section 3. Applicants are placed on notice 
that they are required to annually report section 3 data, as 
applicable. Failure to meet reporting requirements can result in 
sanctions such as debarment, suspension, or denial of participation in 
HUD programs (24 CFR 135.76(g)).
    d. 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 Indian tribal governments are required by 24 CFR 85.36(e) 
and nonprofit recipients of assistance (grantees and subgrantees) by 24 
CFR 84.44(b) to take all necessary affirmative steps in contracting for 
the purchase of goods or services to assure that minority firms, women-
owned business enterprises, and labor surplus area firms are used 
whenever possible or as specified in the individual program NOFAs.
    e. Real Property Acquisition and Relocation. Except as otherwise 
provided by federal statute, HUD-assisted programs or projects are 
subject to the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended (Uniform Act or URA) (42 
U.S.C. 4601), and the governmentwide implementing regulations issued by 
the U.S. Department of Transportation at 49 CFR part 24. The Uniform 
Act's protections and assistance apply to acquisitions of real property 
and displacements resulting from the acquisition, rehabilitation, or 
demolition of real property for federal or federally assisted programs 
or projects. With certain limited exceptions, real property 
acquisitions for a HUD-assisted program or project must comply with 49 
CFR part 24, subpart B. To be exempt from the URA's acquisition 
policies, real property acquisitions conducted without the threat or 
use of eminent domain, commonly referred to as ``voluntary 
acquisitions,'' must satisfy the applicable requirements of 49 CFR 
24.101(b)(1) through (5). Evidence of compliance with these 
requirements must be maintained by the recipient. The URA's relocation 
requirements remain applicable to any tenant who is displaced by an 
acquisition that meets the requirements of 49 CFR 24.101(b)(1) through 
(5).
    The relocation requirements of the Uniform Act, and its 
implementing regulations at 49 CFR part 24, cover any person who moves 
permanently from real property or moves personal property from real 
property as a direct result of acquisition, rehabilitation, or 
demolition for a program or project receiving HUD assistance. While 
there are no statutory provisions for ``temporary relocation'' under 
the URA, the URA regulations recognize that there are circumstances 
where a person will not be permanently displaced but may need to be 
moved from a project for a short period of time. Appendix A of the URA 
regulation (49 CFR 24.2(a)(9)(ii)(D)) explains that any tenant who has 
been temporarily relocated for a period beyond one year must be 
contacted by the displacing agency and offered URA relocation 
assistance. Some HUD program regulations provide additional protections 
for temporarily relocated tenants. For example, 24 CFR 583.310(f)(1) 
provides guidance on temporary relocation for the Supportive Housing 
Program for the homeless. Before planning their project, applicants

[[Page 79553]]

should review the regulations for the programs for which they are 
applying. Generally, the URA does not apply to displacements resulting 
from the demolition or disposition of public housing covered by section 
18 of the United States Housing Act of 1937.
    Additional information and resources pertaining to real property 
acquisition and relocation for HUD-funded programs and projects are 
available on HUD's Real Estate Acquisition and Relocation Web site at 
https://www.hud.gov/relocation. The Web site contains applicable laws 
and regulations, policy and guidance, publications, training resources, 
and a listing of HUD contacts to answer questions or otherwise provide 
assistance.
    f. Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency (LEP).'' Executive Order 13166 
seeks to improve access to federally assisted programs and activities 
for individuals who, as a result of national origin, are limited in 
their English proficiency. Applicants obtaining federal financial 
assistance from HUD shall take reasonable steps to ensure meaningful 
access to their programs and activities to LEP individuals. As an aid 
to recipients, HUD published Final Guidance to Federal Financial 
Assistance Recipients Regarding Title VI Prohibition Against National 
Origin Discrimination Affecting Limited English Proficient Persons (LEP 
Guidance) in the Federal Register on January 22, 2007 (72 FR 2732). For 
assistance and information regarding LEP obligations, go to https://
www.hud.gov/offices/fheo/promotingfh/lep.cfm. A link to the LEP 
Guidance can be found on that page.
    g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full 
implementation of Executive Order 13279. The Executive Order 
established fundamental principles and policymaking criteria to guide 
federal agencies in formulating and developing policies that have 
implications for faith-based and community organizations, to ensure the 
equal protection for these organizations in social service programs 
receiving federal financial assistance. Consistent with this order, HUD 
has reviewed all Departmental 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 
grassroots faith-based and other community organizations in HUD program 
implementation. HUD revised its program regulations in 2003 and 2004 to 
remove the barriers to participation by faith-based organizations in 
HUD funding programs (68 FR 56396, September 30, 2003; 69 FR 41712, 
July 9, 2004; and 69 FR 62164, October 22, 2004). Copies of the 
regulatory changes can be found at https://www.hud.gov/offices/adm/
grants/fundsavail.cfm.
    h. Accessible Technology. Section 508 of the Rehabilitation Act 
(Section 508) requires HUD and other federal departments and agencies 
to ensure, when developing, procuring, maintaining, or using electronic 
and information technology (EIT), that the EIT allow, regardless of the 
type of medium, persons with disabilities to access and use information 
and data on a comparable basis as is made available to and used by 
persons without disabilities. Section 508's coverage includes, but is 
not limited to, computers (hardware, software, word processing, e-mail, 
and Internet sites), facsimile machines, copiers, and telephones. Among 
other things, Section 508 requires that, unless an undue burden would 
result to the federal department or agency, EIT must allow individuals 
with disabilities who are federal employees or members of the public 
seeking information or services to have access to and use of 
information and data on a comparable basis as that made available to 
employees and members of the public who are not disabled. Where an 
undue burden exists to the federal department or agency, alternative 
means may be used to allow a disabled individual use of the information 
and data. Section 508 does not require that information services be 
provided at any location other than a location at which the information 
services are generally provided. HUD encourages its funding recipients 
to adopt the goals and objectives of Section 508 by ensuring, whenever 
EIT is used, procured, or developed, that persons with disabilities 
have access to and use of the information and data made available 
through the EIT on a basis comparable as is made available to and used 
by persons without disabilities. This does not affect recipients' 
required compliance with section 504 of the Rehabilitation Act and, 
where applicable, the Americans with Disabilities Act. Applicants and 
recipients seeking further information on accessible technology should 
go to https://www.section508.gov/.
    i. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under a 
HUD program NOFA 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 (EPA) 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 value of 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.
    j. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under a HUD program 
NOFA, all successful applicants will be required to cooperate with all 
HUD staff or contractors who perform HUD-funded research or evaluation 
studies.
    k. Executive Order 13202, ``Preservation of Open Competition and 
Government Neutrality Towards Government Contractors' Labor Relations 
on Federal and Federally Funded Construction Projects.'' Compliance 
with HUD regulations at 24 CFR 5.108 that implement Executive Order 
13202 is a condition of receipt of assistance under a HUD program NOFA.
    l. Salary Limitation for Consultants. FY2009 funds may not be used 
to pay or to provide reimbursement for payment of the salary of a 
consultant at a rate more than the equivalent of General Schedule 15, 
Step 10.
    m. OMB Circulars and Governmentwide Regulations Applicable to 
Financial Assistance Programs. Certain OMB Circulars (2 CFR 225) also 
apply to HUD program NOFAs. The policies, guidance, and requirements of 
OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and 
Other Agreements With State and Local Governments), A-21 (Cost 
Principles for Education Institutions), A-122 (Cost Principles for Non-
Profit Organizations), A-133 (Audits of States, Local Governments, and 
Non-Profit Organizations), and the regulations at 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

[[Page 79554]]

to State, Local, and Federally Recognized Indian Tribal Governments) 
may apply to the award, acceptance, and use of assistance under the 
individual program NOFAs, and to the remedies for noncompliance, except 
when inconsistent with the provisions of HUD's Appropriations Act for 
FY2009, other federal statutes or regulations, or the provisions of 
this notice. Compliance with additional OMB circulars or governmentwide 
regulations may be specified for a particular program in the Program 
Section NOFA. Copies of the OMB circulars may be obtained from https://
www.whitehouse.gov/omb/circulars/, or the Executive Office of 
the President Publications, New Executive Office Building, Room 2200, 
Washington, DC 20503; telephone number 202-395-3080 (this is not a 
toll-free number). Individuals with speech or hearing impairments may 
access this number by dialing 800-877-8339 (toll-free TTY Federal 
Information Relay Service).
    n. Environmental Requirements. If you become a recipient under a 
HUD program that assists in 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 individual program NOFA for 
any program for which you are interested in applying to determine the 
procedures for, timing of, and any modifications or exclusions from 
environmental review under a particular program.
    o. Conflicts of Interest. If you are a consultant or expert who is 
assisting HUD in rating and ranking applicants for funding under HUD 
NOFAs published in FY2009, 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 NOFAs published in 
FY2009, you may not serve on a selection panel and you may not serve as 
a technical advisor to HUD. Persons involved in rating and ranking HUD 
FY2009 NOFAs, including experts and consultants, must avoid conflicts 
of interest or the appearance of such conflicts. Persons involved in 
rating and ranking 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 FY2009 NOFAs 
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 
person must disclose this information before participating in any 
matter regarding an FY2009 NOFA. If you have questions regarding these 
provisions or concerning a conflict of interest, you may call the 
Office of General Counsel, Ethics Law Division, at 202-708-3815 (this 
is not a toll-free number).
    p. Drug-Free Workplace. Applicants awarded funds from HUD are 
required to provide a drug-free workplace. Compliance with this 
requirement means that the applicant will:
    (1) Publish a statement notifying employees that it is unlawful to 
manufacture, distribute, dispense, possess, or use a controlled 
substance in the applicant's workplace and that such activities are 
prohibited. The statement must specify the actions that will be taken 
against employees for violation of this prohibition. The statement must 
also notify employees that, as a condition of employment under the 
federal award, they are required to abide by the terms of the statement 
and that each employee must agree to notify the employer in writing of 
any violation of a criminal drug statute occurring in the workplace no 
later than 5 calendar days after such violation;
    (2) Establish an ongoing drug-free awareness program to inform 
employees about:
    (a) The dangers of drug abuse in the workplace;
    (b) The applicant's policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, or employee 
maintenance programs; and
    (d) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Notify the federal agency in writing within 10 calendar days 
after receiving notice from an employee of a drug abuse conviction or 
otherwise receiving actual notice of a drug abuse conviction. The 
notification must be provided in writing to HUD's Office of 
Departmental Grants Management and Oversight, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 3156, Washington DC 20410-
3000, along with the following information:
    (a) The program title and award number for each HUD award covered;
    (b) The HUD staff contact name, telephone, and fax numbers;
    (c) A grantee contact name, telephone, and fax numbers; and
    (4) Require that each employee engaged in the performance of the 
federally funded award be given a copy of the drug-free workplace 
statement required in item (1) above and notify the employee that one 
of the following actions will be taken against the employee within 30 
calendar days of receiving notice of any drug abuse conviction:
    (a) Institution of a personnel action against the employee, up to 
and including termination consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (b) Imposition of a requirement that the employee participate 
satisfactorily in a drug abuse assistance or rehabilitation program 
approved for such purposes by a federal, state, or local health, law 
enforcement, or other appropriate agency.
    q. Safeguarding Resident/Client Files. In maintaining resident and 
client files, HUD funding recipients shall observe state and local laws 
concerning the disclosure of records that pertain to individuals. 
Further, recipients are required to adopt and take reasonable measures 
to ensure that resident and client files are safeguarded. This includes 
when reviewing, printing, or copying client files.
    r. Compliance with the Federal Funding Accountability and 
Transparency Act of 2006 (Pub. L. 109-282) (Transparency Act). 
Applicants receiving an award from HUD should be aware of the 
requirements of the Transparency Act. The Transparency Act requires the 
establishment of a central Web site that makes information available to 
the public regarding entities receiving federal financial assistance, 
by not later than January 1, 2008. In fulfillment of the requirements 
of the Act, OMB launched https://www.USAspending.gov in December 2007. 
The Web site makes information available to the public on the direct 
awards made by the federal government. The Transparency Act also 
requires, beginning not later than January 2009, that data on subawards 
be made available on the same Web site. In anticipation of the 
implementation of this requirement, HUD is placing

[[Page 79555]]

awardees of its FY2009 competitive funding on notice of these 
requirements and note that once implemented, grantees will be required 
to report their subaward data to HUD or a central federal database. The 
only exceptions to this requirement under the Transparency Act are: (1) 
Federal transactions below $25,000, (2) credit card transactions prior 
to October 1, 2008, (3) awards to entities that demonstrate to the 
Director of OMB that the gross income of such entity from all sources 
did not exceed $300,000 in the previous tax year of such entity, and 
(4) awards to individuals. Guidance for receiving an exception under 
item (3) above has not been finalized by OMB.
    HUD is responsible for placing award information for direct 
grantees on the government Web site. The reporting of subaward data is 
the responsibility of the grantee. Grantees should be aware that the 
law requires the information provided on the federal Web site to 
include the following elements related to all subaward transactions, 
except as noted above:
    (a) The name of the entity receiving the award;
    (b) The amount of the award;
    (c) Information on the award including the transaction type, 
funding agency, the North American Industry Classification System 
(NAICS) code or Catalog of Federal Domestic Assistance (CFDA) number 
(where applicable), program source, and an award title descriptive of 
the purpose of each funding action;
    (d) The location of the entity receiving the award and primary 
location of performance under the award, including the city, state, 
congressional district, and country;
    (e) A unique identifier of the entity receiving the award and of 
the parent entity of the recipient (the DUNS number), should the entity 
be owned by another entity; and
    (f) Any other relevant information specified by OMB.
    HUD expects OMB to issue further guidance on subaward reporting in 
late 2008 or early 2009. Based on preliminary input from the various 
federal agencies, applicants should be aware that consideration is 
being given to requiring the disclosure of additional data elements to 
help track the flow of funding from the original federal award. Such 
data elements under consideration include the tier at which the 
subaward was made, the federal award number issued to the direct 
awardee, the dollar amount of the federal award emanating from the 
direct award going to the subawardee, as well as the total subaward 
amount, which could include funds from other sources. Additional 
information regarding these requirements will be issued by OMB and will 
be provided when available.

IV. Application and Submission Information

A. Addresses To Request Application Package

    This section describes how applicants may obtain application forms 
and request technical assistance.
    1. Technical Assistance and Resources for Grants.gov Electronic 
Grant Applications.
    a. Grants.gov Customer Support. Grants.gov provides customer 
support information on its Web site at https://www.grants.gov/contactus/
contactus.jsp. Applicants having difficulty accessing the application 
and instructions or having technical problems can receive customer 
support from Grants.gov by calling 800-518-GRANTS (this is a toll-free 
number) or by sending an e-mail to support@grants.gov. The customer 
support center is open from 7 a.m. to 9 p.m. eastern time, Monday 
through Friday, except federal holidays. The customer service 
representatives will assist applicants in accessing the information and 
addressing technology issues, including accessibility problems, in 
accordance with section 508 of the Rehabilitation Act (See paragraph 
4(h), Accessible Technology). Applicants should ask for a Grants.gov 
call center ticket number if not provided one by the call center 
customer service representative. In case of issues, HUD relies on the 
call center ticket logs as part of the review of records.
    b. HUD Web site. The following documents and information can be 
found on HUD's Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm.
    (1) Desktop Users Guide for Submitting Electronic Grant 
Applications. HUD will publish on its Web site at https://www.hud.gov/
offices/adm/grants/fundsavail.cfm an update to its detailed Desktop 
Users Guide that walks applicants through the electronic process, 
beginning with finding a funding opportunity, completing the 
registration process, and downloading and submitting the electronic 
application. The guide will include helpful step-by-step instructions, 
screen shots, and tips to assist applicants in becoming familiar with 
submitting applications electronically and overcoming submission 
issues, based upon past lessons learned from working with applicants 
and the Grants.gov Project Management Office (PMO).
    (2) Connecting with Communities: A User's Guide to HUD Programs and 
the FY2009 NOFA Process Guidebook. This guidebook to HUD programs will 
be available from the HUD NOFA Information Center and at HUD's Funds 
Available Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm after the publication of the General Section and when 
appropriations have been enacted for FY2009. The guidebook provides a 
brief description of all HUD programs that have funding available in 
FY2009, identifies eligible applicants for the programs and the program 
office responsible for the administration of the program.
    (3) NOFA Webcasts. HUD provides technical assistance and training 
on its programs announced through its NOFAs. The NOFA broadcasts are 
interactive and allow potential applicants to obtain a better 
understanding of the threshold, program, and application submission 
requirements for funding. Participation in this training opportunity is 
free of charge and can be accessed via HUD's Web site. The NOFA webcast 
schedule can be found via HUD's Web site at https://www.hud.gov/
webcasts/index.cfm.
    c. HUD's NOFA Information Center. Applicants that do not have 
Internet access and need to obtain a copy of a NOFA can contact HUD's 
NOFA Information Center, toll free, at 800-HUD-8929. Persons with 
hearing or speech impairments may access this number, toll free, via 
TTY by calling the Federal Information Relay Service at 800-877-8339. 
The NOFA Information Center is open between the hours of 10 a.m. and 
6:30 p.m. eastern time, Monday through Friday, except federal holidays.
    d. HUD Staff. HUD staff will be available to provide you with 
general guidance and technical assistance about this notice or about 
individual program NOFAs. However, HUD staff is not permitted to help 
prepare your application. Following selection of applicants, but before 
announcement of awards, HUD staff is 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. If you have 
program-related questions, follow the instructions in section VII of 
the Program Section entitled ``Agency Contact(s)'' in the program NOFA 
under which you are applying. If you have difficulty in submitting your 
application, please first contact the Grants.gov Help Desk. The 
Grants.gov Help Desk can be reached by calling

[[Page 79556]]

800-518-GRANTS or e-mailing Support@Grants.gov. HUD recommends calling 
the Help Desk rather than e-mailing, because determining the basis for 
the problem may take some conversation with the Grants.gov Support 
Customer Service Representative. Grants.gov can try to assist you in 
overcoming technology obstacles, but can only provide assistance with 
24 to 48 hours advance notice so it has resources and time to diagnose 
the problems. Applicants are reminded to retain any Grants.gov Help 
Desk ticket number(s).

B. Content and Form of Application Submission

    1. Use of Adobe Forms Application Packages. In FY2009, HUD is again 
using Adobe Forms in the application packages available from 
Grants.gov. The Adobe Forms packages are compatible with the Microsoft 
Windows Vista operating system, Apple Macintosh computers, and 
Microsoft Office 2007. For more information, see the Grants.gov Web 
site at https://www.grants.gov/assets/Vista_and_office_07_
Compatibility.pdf. Applicants need to pay strict attention to the 
submission instructions provided in this notice to have a successful 
submission using the Adobe Forms packages.
    2. Instructions on How to Register for Electronic Application 
Submission. Applicants must submit their applications electronically 
through Grants.gov. Before you can do so, you must complete several 
important steps to register as a submitter. The registration process 
can take approximately 2 to 4 weeks to complete. Therefore, 
registration should be done in sufficient time before you submit your 
application. To register, applicants must complete five sequential 
steps:
    a. Step One: Obtain a Dun and Bradstreet Data Universal Numbering 
System (DUNS);
    b. Step Two: Register with the CCR;
    c. Step Three: Register with the Credential Provider;
    d. Step Four: Register with Grants.gov; and
    e. Step Five: Granting Approval of an AOR to Submit an Application 
on Behalf of the Organization.
    All five steps must be completed to have a valid registration and 
to be able to successfully submit an application via Grants.gov. 
Detailed explanation of each step and important information related to 
each step in the process is available in HUD's Early Registration 
notice, published December 5, 2008 (73 FR 74179). Detailed information 
is also described below.
    3. Key Terms Used as Part of the Registration Process.
    a. Applicant Organization. The applicant organization is an entity 
that is identified as the legal applicant for funding in box 8a on the 
SF-424, Application for Federal Assistance, and is the organization 
that HUD will hold accountable to fulfill the requirements of the 
award, should the applicant be selected for funding. Grant writers or 
persons authorized to submit an application for funding by the 
applicant organization eBusiness Point of Contact (see definition 
below) must not enter their organization or their organization's DUNS 
number in the SF-424, Application for Federal Assistance. Grant writers 
who wish to submit an application on behalf of an applicant 
organization must become an AOR to submit the application. (See 
definition of Authorized Organization Representative below, and 
registration instructions for AORs later in this notice).
    b. Authorized Organization Representative (AOR). The applicant 
organization (applicant legal name on box 8a of the SF-424) E-Biz POC 
must grant permission for a person to become an AOR and submit an 
application on behalf of the applicant organization through the 
Grants.gov system. Authorizing an AOR safeguards the applicant 
organization from unauthorized individuals who may attempt to submit a 
grant application without permission. To check the AOR status, go to 
https://apply07.grants.gov/apply/ApplicantLoginGetID. Then, using the 
us