[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6482]


[[Page Unknown]]

[Federal Register: March 21, 1994]


  
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Part II





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner



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Funding Availability for FY 1994 for Housing Counseling; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner
[Docket No. N-94-3709; FR-3604-N-01]

 
Funding Availability for FY 1994 for Housing Counseling

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1994 
for Housing Counseling.

-----------------------------------------------------------------------

SUMMARY: This Notice announces the availability of funding for FY 1994 
for HUD-approved housing counseling agencies to provide housing 
counseling to homebuyers, homeowners, and renters as set forth in HUD 
Handbook No. 7610.1 REV-3, dated June 1993 (the Handbook). An applicant 
must, as of the date of issuance of the Request for Grant Application 
(RFGA) based on this NOFA, be a HUD-approved housing counseling agency, 
and must be able and willing to provide, at a minimum: (1) Delinquency 
and default counseling to renters and homeowners; (2) related 
counseling under HUD's single family mortgage assignment program; and 
(3) fair housing counseling to inform renters and owners of their 
rights and responsibilities under the Fair Housing Act. Except for fair 
housing counseling, exemptions from counseling requirements are 
applicants approved by HUD to provide ONLY tenant counseling or Home 
Equity Conversion Mortgage counseling, or prepurchase counseling, 
including the counseling of tenants to purchase their rental unit. An 
applicant agency may offer any other aspect(s) of counseling set forth 
in the Handbook, including Home Equity Conversion Mortgage counseling. 
Housing counseling services not covered by the Handbook do not qualify 
for eligibility for funding under this NOFA.
    In the body of this document is information concerning: the purpose 
of this NOFA; eligibility for funding; available funding; award 
criteria; and the application process, including how to apply for 
funding, and how eligibility for funding will be determined and awards 
will be made.

DATES: The application due date (date and time) will be specified in 
the application kit (Request for Grant Application--RFGA). In no event, 
however, will applications be due before April 20, 1994. The 
application due date specified in the RFGA will provide applicants with 
at least 30 days to prepare and submit their applications. The 30-day 
(or more) response period will begin to run from the first date upon 
which the RFGA is made available. The RFGA will be available on, or 
soon after, the date of publication of this NOFA from the Regional 
Contracting Officer in the HUD Regional Office that serves the area in 
which the applicant agency is located. (See the list of HUD Regional 
Offices that follows this NOFA.) Please see Section II of this NOFA for 
further information on what constitutes proper submission of an 
application.
    The application deadline, as specified in the RFGA, will be firm. 
In the interest of fairness to all competing applicants, HUD will treat 
as ineligible for consideration any application that is not received on 
or before the application deadline. Applicants should take this 
practice into account and make early submission of their materials to 
avoid any risk of loss of eligibility brought about by unanticipated 
delays or other delivery-related problems.

FOR FURTHER INFORMATION CONTACT: Thomas Miles, Program Advisor, Single 
Family Servicing Division, Department of Housing and Urban Development, 
room 9178, 451 Seventh Street SW., Washington, DC 20410, telephone 
(202) 708-1672 (voice), or (202) 708-3938 (TDD number). (These are not 
toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget (OMB) under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 
3504(h)), and assigned OMB control number 2535-0084.

I. Purpose and Substantive Description

A. Authority and Background

1. Authority
    Sec. 106, Housing and Urban Development Act of 1968 (12 U.S.C. 
1701x); secs. 235, 237 and 255 of the National Housing Act (12 U.S.C. 
1715z, 1715z-2, 1715z-20); and HUD Handbook 7610.1, REV-3 dated June 
1993.
2. Background
    Section 106 of the Housing and Urban Development Act of 1968 
(section 106) authorizes HUD to provide a program of housing counseling 
services to designated homeowners and tenants. The program authorized 
by section 106 (Housing Counseling Program) is divided into two 
distinct components: the housing counseling services and requirements 
provided under section 106(a), and those services and requirements 
provided under section 106(c).
    Section 106(a) authorizes HUD to provide counseling and advice to 
tenants and homeowners with respect to property maintenance, financial 
management and such other matters as may be appropriate to assist 
tenants and homeowners in improving their housing conditions and in 
meeting the responsibilities of tenancy and homeownership. With respect 
to homeowners, section 106(a) states that the above-described services 
shall be provided to:
    (1) Homeowners with HUD-insured mortgages;
    (2) First-time homebuyers with guaranteed loans under section 
502(h) of the Housing Act of 1949 (home loans guaranteed by the Farmers 
Home Administration);
    (3) Homeowners with loans guaranteed or insured under chapter 37 of 
title 38, United States Code (home loans insured or guaranteed by the 
Department of Veterans Affairs).
    Additionally, under section 106(a)'s authorization to HUD to 
provide counseling and advice to tenants and homeowners as may be 
appropriate to assist them to improve their housing conditions (see 
section 106(a)(1)(iii)), HUD-approved counseling agencies are permitted 
under section 106(a), and encouraged by HUD, to conduct community 
outreach activities and provide counseling to individuals with the 
goals of increasing the awareness of homeownership opportunities and 
improving the access of low- and moderate-income households to sources 
of mortgage credit and homeownership opportunities. HUD believes that 
this type of counseling activity is a key element to the revitalization 
and stabilization of low-income and minority neighborhoods, and 
encourages HUD-approved counseling agencies to conduct this type of 
counseling activity.
    Section 106(c), as amended by section 162 of the Housing and 
Community Development Act of 1992 (Pub. L. 102-550, approved October 
28, 1992) authorizes homeownership counseling only (no tenant 
counseling) and defines a homeowner eligible for counseling under this 
section to mean:
    (1) A homeowner whose home loan is secured by property that is the 
principal residence of the homeowner, who is unable to correct a home 
loan delinquency within a reasonable time (section 106(c) defines 
``home loan'' as a loan secured by a mortgage or lien on residential 
property); and
    (2) An applicant for a mortgage if the applicant is a first-time 
homebuyer who meets the requirements of section 303(b)(1) of the 
National Affordable Housing Act (see 42 U.S.C. 12852) and the mortgage 
involves a principal obligation (including such initial service 
charges, appraisal, inspection, and other fees as the Secretary of HUD 
shall approve) in excess of 97 percent of the appraised value of the 
property and is to be insured pursuant to section 203 of the National 
Housing Act.
    Under the Housing Counseling Program, HUD contracts with public or 
private organizations to provide the housing counseling services 
authorized by section 106(a) and section 106(c). When the Congress 
makes funds available to assist the Housing Counseling Program, HUD 
announces the availability of such funds, and invites applications from 
eligible agencies, through a notice published in the Federal Register. 
An agency that is approved by HUD as a housing counseling agency does 
not automatically receive funding. The agency must apply for such 
funding under a Request for Grant Application (RFGA) issued by HUD 
through its Regional Offices. The purpose of the housing counseling 
program is to promote and protect the interests of HUD, HUD-approved 
and other mortgagees, and housing consumers participating in HUD and 
other housing programs.

B. Allocation Amounts

1. Total Available Funding
    A total amount of $12,000,000 was appropriated for housing 
counseling by the HUD Appropriations Act of 1994 (Pub. L. 103-124, 
approved October 28, 1993).
    Of the $12,000,000, HUD will use $125,000 to help resolve a 
litigation matter in Boston, Massachusetts, that involves housing 
counseling; $227,000 to continue operation of the toll-free telephone 
number in FY 1994 by which persons may call and find out about HUD-
approved counseling agencies operating in their area; $250,000 to 
provide training for the Home Equity Conversion Mortgage (HECM) 
Program; $2,084,000 to train and certify individuals as housing 
counselors; $380,330 to continue the prepurchase counseling and 
foreclosure prevention counseling demonstration, which was implemented 
in FY 1992, and is being carried out in Chicago, Illinois, and Atlanta, 
Georgia; and up to $50,000 to monitor and report on lenders compliance 
with the statutory requirement to notify delinquent homeowners (within 
45 days of the delinquency) of the availability of housing counseling 
services. HUD will make the remaining $8,883,670 available for the 
counseling services specified in the Act.
2. Allocation of Funds to Regional Offices
    HUD Headquarters will allocate the $8,883,670 available for housing 
counseling services to its ten Regional Offices. The basis for the 
allocation is the percentage of HUD-insured single family mortgage 
defaults within each Region, compared to the nationwide total. Under 
this plan, the Regions are required, insofar as possible, to award 
grants in relation to the number of defaults within HUD Field Office 
jurisdictions. The amounts allocated to the Regions for Fiscal Year 
1994 (based on the $8,883,670) are as follows:

------------------------------------------------------------------------
            Region                Defaults   Percentage*   $ Allocation 
------------------------------------------------------------------------
I.............................        2,643        1.63          144,786
II............................       13,518        8.34          740,525
III...........................       18,292       11.28        1,002,048
IV............................       39,577       24.40        2,168,055
V.............................       27,192       16.77        1,489,596
VI............................       22,742       14.02        1,245,822
VII...........................        4,397        2.71          240,871
VIII..........................        5,510        3.40          301,841
IX............................       25,402       15.66        1,391,537
X.............................        2,895        1.79          158,592
                               -----------------------------------------
      Totals..................      162,168         100        8,883,670
------------------------------------------------------------------------
(*Percentages have been rounded.)                                       

3. Grant Awards by HUD Regional Offices
    Regional Offices will make an equitable award of allocated housing 
counseling funds to eligible HUD-approved housing counseling agencies 
based upon documented need in relation to:
    a. The amount of funds available; and
    b. The number of successful applicants. (A determination of a 
``successful'' applicant is based on the applicant's ability to meet 
the award criteria, as specified in Section I.D of this NOFA.)
4. Announcement of Awards
    In accordance with the requirements of section 103 of the 
Department of Housing and Urban Development Reform Act of 1989 (HUD 
Reform Act) and HUD's implementing regulations at 24 CFR part 4, no 
award information will be made available to applicants or other persons 
not authorized to receive this information during the period of HUD 
review and evaluation of the applications. However, applicants that are 
declared ineligible or late will be notified. In accordance with 
section 102(a)(4)(c) of the HUD Reform Act, HUD will notify the public, 
by notice published in the Federal Register, of award decisions made by 
HUD under this funding.
5. Payment to Grantee by HUD
    HUD will pay each grantee for each counseling unit. To determine 
the amount of counseling unit payment, HUD will use the applicant's 
direct-labor hourly rate for its housing counselors. To that rate, HUD 
will add 140 percent of the rate to cover operating costs to calculate 
the applicant's cost to deliver a ``counseling unit.'' Thus, the per 
unit payment will be one-half of the sum of (1) the direct-labor hourly 
rate plus (2) 140 percent of the rate. The basis for this calculation 
is further explained in the following paragraph.
    This payment method represents a major change in the way HUD will 
arrive at the amount of payment per counseling unit. Based on its 
survey of approved counseling agencies, HUD found that it takes, on 
average, one-half hour to generate a counseling unit. The applicant 
must provide the direct labor hourly rate requested in the RFGA. To 
this rate, HUD will add the 140% to cover operating costs, multiply 
this enhanced rate by 50%, and multiply the result times the number of 
counseling units. Whatever funds are requested by the applicant may be 
changed by HUD before the award of the grant based on the applicant's 
past performance, HUD's forecasts of need in a given area, and the 
total funds available for a given Region. This is why submission of the 
workload report and the direct labor reports with the application, as 
required to be submitted by the RFGA, are critical to determining the 
amount of the grant the applicant will receive.
    A counseling unit is defined as a documented face-to-face, written, 
or telephonic contact between:
    a. The grantee's housing counselor and a client; or
    b. The grantee's housing counselor and a mortgagee, landlord, 
service agency, creditor, credit reporting agency, governmental agency, 
realtor or employer, acting on behalf of a client, which results in an 
action or decision that:
    (1) Identifies, clarifies, or assists in meeting or meets the 
client's housing need; or
    (2) Assists in resolving or resolves the client's housing problem.
    (See HUD Handbook 7610.1 REV-3, dated June 1993, paragraph 1-7 on 
page 1-6 for a definition of ``client,'' ``housing need,'' and 
``housing problem.'')

C. Eligible Applicants

    1. Eligible applicants include public and private nonprofit 
entities with a current approval by HUD as a housing counseling agency, 
under the provisions of HUD Handbook No. 7610.1 REV-3 dated June 1993, 
or its earlier versions. Current approval includes agencies that are on 
record at the applicable HUD Field Office as having been approved as a 
HUD counseling agency as of the date of issuance of the RFGA based on 
this NOFA. Agencies for which HUD has withdrawn this approval or have 
indicated in writing their withdrawal from the counseling program are 
NOT eligible. Agencies with ``conditional'' re-approvals are NOT 
eligible unless they satisfy HUD's requirements for removal of the 
``conditional'' approval by the due date of applications for funding 
under this notice.
    2. Applicants that fall into any one of the following categories 
will be ineligible for funding under this NOFA:
    a. The Department of Justice has brought a civil rights suit 
against the applicant and the suit is pending;
    b. There has been an adjudication of a civil rights violation in an 
civil action brought against the applicant by a private individual, 
unless the applicant is operating in compliance with a court order, or 
implementing a HUD-approved compliance agreement designed to correct 
the areas of noncompliance;
    c. There are outstanding findings of noncompliance with civil 
rights statutes, Executive Orders or regulations as a result of formal 
administrative proceedings, or the Secretary has issued a charge 
against the applicant under the Fair Housing Act, unless the applicant 
is operating under a conciliation or compliance agreement designed to 
correct the areas of noncompliance; or
    d. HUD has deferred application processing by HUD under title VI of 
the Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR 
50.3) and the HUD title VI regulations (24 CFR 1.8) or under section 
504 of the Rehabilitation Act of 1973 and the HUD section 5604 
regulations (24 CFR 8.57).

D. Award Criteria

1. General Criteria
    HUD, through its Regional Contracting Officers, will award housing 
counseling grants in Fiscal Year 1994 to selected eligible agencies. 
Within each Region, an eligible agency is a HUD-approved housing 
counseling agency that is:
    a. located within the Region's geographical jurisdiction; and
    b. provides, or proposes to provide, housing counseling within that 
Region. (Application eligibility and grant authority do NOT cross 
regional boundaries.)
2. Award Amount Evaluation Criteria
    Applications for funding under this NOFA will be reviewed, and 
grants will be awarded on the basis of the following criteria. Items a 
through d must be submitted by the applicant, as required by the RFGA. 
Items e through k are based on information maintained by HUD. (The RFGA 
contains a checklist of the items to be submitted by the applicant.)
    a. The direct-labor hourly rate (DLHR) is the rate the applicant 
pays its bona-fide full-time and/or part-time housing counselors for 
delivering housing counseling to clients under HUD housing counseling 
grants. The rate or rates to be submitted are those in effect as of the 
date of the Request for Grant Application (RFGA) based on this Notice 
of Funding Availability (NOFA).
    (1) A ``bona fide'' housing counselor is a person hired 
specifically to deliver housing counseling to the applicant's clients 
either as a sole responsibility or in conjunction with other related 
professional assignments.
    (2) The terms ``counseling'' and ``client'' are specifically 
defined in paragraphs 1-7A and 1-7B of HUD's Housing Counseling Program 
Handbook 7610.1 REV-3 dated June 1993.
    (3) ``Direct-labor hourly rate'' does Not include fringe benefits, 
overhead, and other employee-related costs. See Section I.B.5, 
``Payment to Grantee by HUD,'' in this NOFA.
    b. The number of ``clients'' each housing counselor counseled 
during the twelve months immediately preceding the date of the RFGA 
based on this NOFA. This includes all ``clients'' as defined in HUD 
Housing Counseling Handbook 7610.1 REV-3 dated June 1993 regardless of 
whether they were counseled under a HUD housing counseling grant.
    c. The applicant's documented client workload* (* ``Workload'' 
refers to the number of clients, as defined in HUD Handbook No. 7610.1 
REV-3, dated June 1993, and reported by the applicant on Form HUD-9902, 
Housing Counseling Agency Fiscal Year Activity Report, dated June 1993, 
for the period October 1, 1992, through September 30, 1993. Workload 
documentation submitted on any other version of form HUD-9902 is 
unacceptable and will not be used by HUD under this grant award 
activity. Applicants may obtain copies of the form from any HUD 
Regional or Field Office.)
    d. Grant amount requested by the grantee for FY 1994.
    e. If the applicant had a previous HUD housing counseling grant, 
the extent to which the applicant expended those funds under the most 
recent grant. The amount of funds expended under the most recent grant 
may determine the amount of funds awarded the applicant for FY 1994.
    f. Client workload total for all applicants within a HUD Regional 
Office.
    g. Amount of housing counseling funds allocated to the HUD Regional 
Office by Headquarters;
    h. Payment of grantees by HUD on a per housing counseling unit 
basis as set forth in Section I.B.5 of this NOFA.
    i. Regional Offices' documented need for housing counseling 
services within the areas served by the applicants.
    j. HUD's assessment of the applicant's previous performance as a 
HUD-approved housing counseling agency (i.e. Biennial Performance 
Review), including the submission of the required report on FORM HUD-
9902.
    k. In the case of previous grantees, the applicant's performance 
under such grants in accordance with the terms of the grant agreement, 
including the submission of the specific reports required under the 
grant agreement.

II. Application Process

A. Obtaining and Submitting Applications

    Applicants for grants may obtain copies of the Request for Grant 
Application (RFGA) from the Regional Contracting Officer in the HUD 
Regional Office that serves the area in which the applicant agency is 
located. The RFGA contains the application submission address. A list 
of the Regional Offices and their addresses follows the text of this 
NOFA.

B. Application Deadline

    The RFGA contains the application due date and contains the time by 
which the HUD Regional Office must receive a grant application. (Please 
see the ``Dates'' section at the beginning of this NOFA for further 
information on the application due date.) ``Submit'' means delivery to 
the HUD Regional Office specified in the RFGA and by the application 
due date and time specified in the RFGA. A proper submission in 
response to the RFGA must conform to the specifications in the RFGA. 
HUD will not accept changes made by applicants to the document (i.e., 
forms, certifications and assurances) except for those specified in 
Section IV.A of this NOFA.

III. Checklist of Application Submission Requirements

    An applicant must submit the following items. An applicant must 
submit three sets of each item, as specified below, with supporting 
documentation ONLY as specified in the RFGA. Applicants must limit the 
submission of material to that required by the individual form, 
certification or assurance. HUD will not consider extraneous material 
and will discard it. The RFGA also contains a checklist of the 
application submission requirements.
    1. Standard Form 424, Application for Federal Assistance.
    2. Standard Form 424B, Assurances--Non-construction Programs.
    3. Certification of a Drug-Free Workplace, in accordance with the 
Drug-Free Workplace Act of 1988, and HUD's regulations at 24 CFR part 
24, subpart F.
    4. Anti-Lobbying certification in accordance with section 319 of 
the Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352), and the regulations at 24 CFR part 
87, if applicable. (See Section V of this NOFA concerning ``Federal 
Lobbying Restrictions: The Byrd Amendment.'')
    5. Form HUD-2880, Applicant/Recipient Disclosure/Update Report, as 
required under subpart C of 24 CFR part 12, Accountability in the 
Provision of HUD Assistance.
    6. Disclosure of Lobbying Activities on SF-LLL must be used to 
disclose lobbying with other than Federally appropriated funds at the 
time of application, if the applicant deems it applicable.
    7. Each applicant will be required to submit, at a minimum, and as 
provided in the RFGA, assurances regarding the applicant's housing 
counseling program to the effect that:
    a. The applicant agency received its approval by HUD prior to the 
date of issuance of the applicable RFGA, and currently has approval 
from HUD. If a Biennial Performance Review has not been made by the HUD 
Field Office, then a prior approval constitutes a current approval.
    b. The applicant agency provided housing counseling to clients* 
during the period October 1, 1992, through September 30, 1993, as 
indicated on the applicant's Form HUD-9902, Housing Counseling Agency 
Fiscal Year Activity Report, for that period. The applicant must submit 
with their response to the RFGA a copy of the above-mentioned Form HUD-
9902. (* See HUD Handbook 7610.1 REV-3, dated June 1993, for a 
definition of ``client.'')
    c. HUD has or has not conducted a performance review of the 
applicant agency's housing counseling program; whether, as a result of 
the review, HUD re-approved the agency unconditionally or 
conditionally; whether, if HUD granted a conditional approval because 
of certain agency performance deficiencies, the applicant agency 
corrected the deficiencies to HUD's satisfaction.
    d. If the applicant agency received a counseling grant from HUD 
during HUD's fiscal year 1990, 1991, or 1992, the agency complied with 
all grant requirements.
    e. The applicant agency submitted all reports required during the 
most recent report year under the Handbook, and the grant document, if 
any.
    f. The number of clients listed as the applicant's documented 
housing counseling client workload for 1992 is correct.
    g. The agency can and will commence counseling services immediately 
upon receipt of the award of a counseling grant to the applicant 
agency.
    h. The applicant will provide, at a minimum, the following types of 
counseling (Exceptions from items (1) and (2) below are agencies 
approved by HUD to perform only Home Equity Conversion Mortgage (HECM) 
counseling, tenant counseling, or prepurchase counseling):
    (1) Delinquency and default counseling to home buyers and 
homeowners, and delinquency counseling to renters; and
    (2) Mortgage assignment counseling to mortgagors with HUD-insured 
mortgages having potential for assignment to HUD under the assignment 
program.
    (3) Fair housing counseling to inform renters and owners of their 
rights and responsibilities under the Fair Housing Act.
    i. The agency had an independent financial audit during the past 
twenty-four (24) months.
    j. The applicant administers its housing counseling program in 
accordance with title VI of the Civil Rights Act of 1964, the Fair 
Housing Act, Executive Order 11063, section 504 of the Rehabilitation 
Act of 1973, the Age Discrimination Act of 1975, and the implementing 
regulations for these authorities, and all other applicable 
nondiscrimination and equal opportunity statutes and regulations.
    k. The applicant provides its service without any conflict of 
interest on the part of the applicant, including its staff, that might 
compromise the agency's ability to represent fully the best interests 
of the client in accordance with HUD Handbook 7610.1 REV-3, dated June 
1993.
    l. The applicant's clients reside in the U.S. Postal Service ZIP 
Code areas listed by the applicant.

IV. Corrections to Deficient Applications

    Immediately after the deadline for submission of applications, 
applications will be screened to determine whether all items were 
submitted. Applicants will be given an opportunity to cure 
nonsubstantive deficiencies in their applications. The applicant must 
submit corrections within 14 calendar days from the date of HUD's 
deficiency notification or the application will not be considered.

A. Curable Deficiencies

    The kinds of deficiencies which can be cured after the submission 
date for applications include failure to submit or failure to include 
the required signature(s) on the following documents or certifications: 
Standard Form 424B, Assurances--Non-Construction Programs; 
Certification of Drug-free Workplace; Anti-Lobbying Certification.

B. Noncurable Deficiencies

    Failure to submit: 1. A completed and signed Standard Form 424, 
Application for Federal assistance.
    2. A signed Housing Counseling Program assurance and all of its 
required documentation. Failure to submit these items will be 
considered a non-response to the RFGA.

    Note: HUD will not notify applicants who fail to submit any of 
the above two required items. Failure to submit the documents 
constitutes a non-response to the RFGA.

V. Other Matters

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations that implement section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). The Finding of No Significant Impact is available for public 
inspection during business hours in the Office of the Rules Docket 
Clerk, Office of General Counsel, room 10276, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Washington, DC 20410.

Federalism Executive Order

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this Notice 
of Fund Availability will not have substantial, direct effects on 
States, on their political subdivisions, or on their relationship with 
the Federal Government, or on the distribution of power and 
responsibilities between them and other levels of government. 
Specifically, the purpose of the funding under this notice is to 
provide grants to public and non-profit private agencies that assist 
and advise housing consumers about how to develop competence and 
responsibility in meeting their housing needs.

Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, the Family, has determined that this document may have 
potential for significant beneficial impact on family formation, 
maintenance, and general well-being to the extent that the activities 
of grantees will provide families with the counseling and advice they 
need to avoid rent delinquencies or mortgage defaults, and to develop 
competence and responsibility in meeting their housing needs. Since the 
impact on the family is considered beneficial, no further review under 
the Order is necessary.

Prohibition Against Lobbying Activities: The Byrd Amendment

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment''), and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
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. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients, and subrecipients of assistance exceeding 
$100,000, and applicants for Federal commitments exceeding $150,000 
must certify that no Federal funds have been or will be spent on 
lobbying activities in connection with the assistance.
    Indian Housing Authorities (IHAs) established by an Indian tribe as 
a result of the exercise of the tribe's sovereign power are excluded 
from coverage of the Byrd Amendment, but IHAs established under State 
law are not excluded from the statute's coverage.

Prohibition Against Lobbying of HUD Personnel

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b) contains two provisions dealing with efforts to 
influence HUD's decisions with respect to financial assistance. The 
first imposes disclosure requirements on those who are typically 
involved in these efforts--those who pay others to influence the award 
of assistance or the taking of a management action by the Department 
and those who are paid to provide the influence. The second restricts 
the payment of fees to those who are paid to influence the award of HUD 
assistance, if the fees are tied to the number of housing units 
received or are based on the amount of assistance received, or if they 
are contingent upon the receipt of assistance.
    HUD's regulation implementing section 13 is codified at 24 CFR part 
86. If readers are involved in any efforts to influence the Department 
in these ways, they are urged to read the final rule, particularly the 
examples contained in Appendix A of the rule. Appendix A of this rule 
contains examples of activities covered by this rule.
    Any questions concerning the rule should be directed to the Office 
of Ethics, Room 2158, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington DC 20410. Telephone: (202) 708-3815 
(voice/TDD). This not a toll-free number. Forms necessary for 
compliance with the rule may be obtained from the local HUD office.

Prohibition Against Advance Disclosure of Funding Decisions

    HUD's regulations implementing section 103 of the Department of 
Housing and Urban Development Reform Act (HUD Reform Act) are codified 
at 24 CFR part 4 and apply to the funding competition announced today. 
The requirements of part 4 continue to apply until the announcement of 
the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted by 24 CFR part 4. (See also section I.B.4 of 
this NOFA.)
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (voice/TDD). (This is not a toll-free number.)

Accountability in the Provision of HUD Assistance

    HUD's regulation implementing section 102 of the HUD Reform Act is 
codified at 24 CFR part 12. Section 102 contains a number of provisions 
that are designed to ensure greater accountability and integrity in the 
provision of certain types of assistance administered by HUD. On 
January 16, 1992 (57 FR 1942), following publication of the final rule, 
HUD published additional information that gave the public (including 
applicants for, and recipients of, HUD assistance) further information 
on the implementation, public access, and disclosure requirements of 
section 102. The requirements of section 102 are applicable to 
assistance awarded under this NOFA.
    HUD will ensure documentation and other information regarding each 
application submitted pursuant to this NOFA are sufficient to indicate 
the basis upon which assistance was provided or denied. This material, 
including any letters of support, will be made available for public 
inspection for a five-year period beginning not less than 30 days after 
the award of the assistance. Material will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations at 24 CFR part 15. In addition, HUD will 
include the recipients of assistance pursuant to this NOFA in its 
quarterly Federal Register notice of all recipients of HUD assistance 
awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.6(b), and 
the notice published in the Federal Register on January 16, 1992 (57 FR 
1942) for further information on these requirements.

    Catalog of Federal Domestic Assistance Program The Catalog of 
Federal Domestic Assistance Program number is 14.169.

    Dated: March 11, 1994.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.

HUD Regional Offices

    Address all inquiries to U.S. Department of Housing and Urban 
Development, Attention: Regional Contracting Officer, in the 
Regional Office that serves your State. Telephone numbers are NOT 
toll-free.

Region I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont
    Thomas P. O'Neill, Jr. Federal Building, 10 Causeway Street, 
Room 375, Boston, MA 02222-1092, (617) 565-5234
Region II--New Jersey, New York
    26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500
Region III--Delaware, Maryland, Pennsylvania, Virginia, Washington 
(D.C.), West Virginia
    Liberty Square Building, 105 South 7th Street, Philadelphia, PA 
19106-3392, (215) 597-2560
Region IV--Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, Puerto Rico, South Carolina, Tennessee
    Richard B. Russell Federal Building, 75 Spring Street S.W., 
Atlanta, GA 30303-3388, (404) 331-5136
Region V--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
    Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5680
Region VI--Arkansas, Louisiana, New Mexico, Oklahoma, Texas
    1600 Throckmorton, Post Office Box 2905, Fort Worth, TX 76113-
2905, (817) 885-5401
Region VII--Iowa, Kansas, Missouri, Nebraska
    Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-2406, 
(913) 551-5462
Region VIII--Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming
    Executive Tower Building, 1405 Curtis Street, Denver, CO 80202-
2349, (303) 844-4513
Region IX--Arizona, California, Hawaii, Nevada
    Phillip Burton Federal Building, and U.S. Court House, 450 
Golden Gate Avenue, Post Office Box 36003, San Francisco, CA 94102-
3448, (415) 556-4752
Region X--Alaska, Idaho, Oregon, Washington
    Federal Office Building, 909 First Avenue, Suite 200, Seattle, 
WA 98104-1000, (206) 220-5101

[FR Doc. 94-6482 Filed 03-18-94; 8:45 am]
BILLING CODE 4210-27-P