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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.330
<br /> (c) Applicability of OMB Circulars. The § 583.300(fl does not constitute a con-
<br /> policies, guidelines, and requirements flict of interest.
<br /> of OMB Circular No. A-87 (Cost Prin- (2) Upon the written request of the
<br /> ciples Applicable to Grants. Contracts recipient, HUD may grant an exception
<br /> and Other Agreements with State and to the provisions of paragraph (e) (1) of
<br /> Local Governments) and 24 CFR part 85 this section on a case-by-case basis
<br /> apply to the award, acceptance, and when it determines that the exception
<br /> use of assistance under the program by will serve to further the purposes of
<br /> governmental entities, and OMB Cir- the program and the effective and effi-
<br /> cular Nos. A-110 (Grants and Coopera- cient administration of the recipient's
<br /> tive Agreements with Institutions of project. An exception may be consid-
<br /> Higher Education, Hospitals, and Other ered only after the .recipient has pro-
<br /> Nonprofit Organizations) and A-122 vided the following:
<br /> (Cost Principles Applicable to Grants, (i) For States and other govern-
<br /> Contracts and Other Agreements with mental entities, a disclosure of the na-
<br /> Nonprofit Institutions) apply to the ac- ture of the conflict, accompanied by an
<br /> ceptance and use of assistance by pri- assurance that there has been public
<br /> vate nonprofit organizations, except disclosure of the conflict and a descrip-
<br /> where inconsistent with the provisions tion of how the public disclosure was
<br /> of the McKinney Act, other Federal made; and
<br /> statutes, or this part. (Copies of OMB (ii) For all recipients, an opinion of
<br /> Circulars may be obtained from E.O.P. the recipient's attorney that the inter-
<br /> Publications, room 2200, New Executive est for which the exception is sought
<br /> Office Building, Washington, DC 20503, would not violate State or local law.
<br /> telephone (202) 395-7332. (This is not a (3) In determining whether to grant a
<br /> toll-free number.) There is a limit of requested exception after the recipient
<br /> two free copies. has satisfactorily met the requirement
<br /> (d) Lead-based paint. The Lead-Based of paragraph (e) (2) of this section, HUD
<br /> Paint Poisoning Prevention Act (42 will consider the cumulative effect of
<br /> U.S .C. 4821-4846) , the Residential Lead- the following factors, where applicable:
<br /> Based Paint Hazard Reduction Act of (i) Whether the exception would pro-
<br /> 1992 (42 U.S. C. 4851-4856) , and imple- vide a significant cost benefit or an es-
<br /> menting regulations at part 35, sub- sential degree of expertise to the
<br /> parts A, B, J, K, and R of this title project which would otherwise not be
<br /> apply to activities under this program. available;
<br /> (e) Conflicts of interest. (1) In addition (ii) Whether the person affected is a
<br /> to the conflict of interest requirements member of a group or class of eligible
<br /> in 24 CFR part 85, no person who is an persons and the exception will permit
<br /> employee, agent, consultant, officer, or such person to receive generally the
<br /> elected or appointed official of the re- same interests or benefits as are being
<br /> cipient and who exercises or has exer- made available or provided to the
<br /> cised any functions or responsibilities group or class;
<br /> with respect to assisted activities, or (iii) Whether the affected person has
<br /> who is in a position to participate in a withdrawn from his or her functions or
<br /> decisionmaking process or gain inside responsibilities, , or the decisionmaking
<br /> information with regard to such activi- process with respect to the specific as-
<br /> ties, may obtain a personal or financial sisted activity in question;
<br /> interest or benefit from the activity, or (iv) Whether the interest or benefit
<br /> have an interest in any contract, sub- was present before the affected person
<br /> contract, or agreement with respect was in a position as described in para-
<br /> thereto, dr the proceeds thereunder, ei- graph (e) (1) of this section;
<br /> ther for himself or herself or for those (v) Whether undue hardship will re-
<br /> with whom he or she has family or sult either to the recipient or the per-
<br /> business ties, during his or her tenure son affected when weighed against the _
<br /> or for one year thereafter. Participa- public interest served by avoiding the
<br /> tion by homeless individuals who also prohibited conflict; and
<br /> are participants under the program in (vi) Any other relevant consider-
<br /> policy or decisionmaking under ations.
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