Ms. MCNAIR. What has led to the creation of the task forcethe decision to now implement section 3? Is it your coming to HUD? Is it that you would like to implement that section? Mr. BLAIR. It is not a race statute. It is a poor people statute, and it is involved in dealing with the poor people that this program addresses. I would say that my recommendations to the Under Secretary were to get the other programs involved, because if my shop is not just an enforcement arm, it goes across the range of HUD programs. I would say that section 3 is included in all of the programs, including the block program. Ms. MCNAIR. I have some concerns relative to the implementation of the overall community development block grant program. How many affirmative action plans have been required, pursuant to section 109? Mr. BLAIR. It is not a matter of how many plans have been asked for. All of the recipients must sign a certificate of compliance. What we have done is established a review at the tail end, and based on what will come from the annual performance report, we have come up with our own methods of evaluation. Ms. MCNAIR. I have seen that. You are saying that you are going to use the review of the annual performance report to determine whether or not there has been compliance? Mr. BLAIR. Not necessarily. Ms. MCNAIR. What are you using? Mr. BLAIR. With the help of the staff, we are going to go over every one of those applications individually. There are some, however, that we know that have a past history of failure to provide opportunities for minorities. Those are the ones that we will get into immediately. [The following information on developing "community profiles," to discover past histories of discrimination, was submitted by Assistant Secretary Blair:] ALL REGIONAL ADMINISTRATORS Attention: Assistant Regional Administrator for Fair Housing & Equal Opportunity. James H. Blair, fair housing and equal opportunity, F.H. & E.O. review of entitlement applications. FH&EO review of entitlement applications is expected to be thorough, taking into account experiences of prior years. Certifications will continue to be accepted; however additional information or assurances from the applicant may be required when there is substantial evidence in past performance which contradicts or challenges the certifications (570.306(b) (i)). The same general principles apply to hold harmless and discretionary applications; however, the extent of the review may be modified as appropriate to the amount of the grant. Consistent with the provisions of Section 570.306 (b) (2) of the Community Development Block Grant regulation, the FH&EO staff shall recommend approval of the application unless it is determined that: i. the applicant's description of needs and objectives for the "identifiable segment of the total group of lower income persons in the community" is plainly inconsistent with known facts, ii. the activities to be undertaken are plainly inappropriate to meeting the needs and objectives of the "identifiable segment," et al, or iii. the application does not comply with CDBG regulations pertaining to the "identifiable segment," et al, or the Further, the Area Office shall review the recipient's past performance to determine whether: i. the recipient has carried out a program substantially as described in its prior application(s); ii. the program conformed to the requirements of the block grant regulations and other applicable laws and regulations; and iii. the recipient has demonstrated a continuing capacity to carry out in a timely manner the approved community development program. If the recipient's past performance pertaining to minorities and women varied substantially from that described in its application and the subsequent application does not amend or correct the matter, such subsequent application may not be approved by FH&EO staff without modification, specific and acceptable goals and timetables, or corrective action. If in the course of the review of past performance FH&EO Area Office staff find what they believe to be noncompliance with Section 109, Title VI, Executive Order 11246 or Section 3 requirements, the matter shall be discussed immediately with FH&EO Regional staff for determination as to referral for compliance review. Such referral, however, shall not be the basis for recommending disapproval of the application. Attachments: JAMES H. BLAIR, 2. Attached are maps or tables indicating, by census tract, concentration or minority groups, by group; female-headed families; and assisted housing. Review of Past Performance 3. The "Review of Past Performance" has been completed and is attached. Deficiencies have been found in Question 1-4? Community Development Plan & Program Is the description of needs, relative to minorities and women, incomplete or plainly inconsistent with known facts 570.306(b)(2)(i)? If YES, provide statistical evidence and source of information under comments and recommend disapproval if not corrected. Are the proposed activities plainly inappropriate to meeting: the needs of minorities or women as described in the applicant's statement of needs 570.306(b)(2)(ii)? the needs of minorities or women known to exist, but not described in the statement of needs? If YES, to either of the above, describe briefly under comments and recommend disapproval if not corrected. Yes No N.A. Urgent Community Development Needs (UCDN). What % of the CDBG entitlement dollars: Will any of these activities directly benefit the identifiable Based upon the above, the known facts on need, and the past If YES, state the case briefly, with statistical evidence, Program Beneficiaries a. If programmed activities from prior year(s) that would If not, describe the situation briefly under comments |