[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27538-27545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12729]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. N-95-3918; FR-3907-N-01]


Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner; FY 1995 Funding Availability for HUD--Approved Housing 
Counseling Agencies

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

ACTION: Fiscal Year 1995 notice of funding availability for HUD-
approved housing counseling agencies.

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SUMMARY: This Notice announces the availability of Fiscal Year (FY) 
1995 funding from the U.S. Department of Housing and Urban Development 
(HUD) for HUD-approved housing counseling agencies to provide housing 
counseling to homebuyers, homeowners, and renters. HUD anticipates that 
a maximum of $9.5 million dollars will be available through this Notice 
of Funding Availability (NOFA). All housing counseling agencies 
approved by HUD as of the publication date of this NOFA may apply for 
FY 1995 funding. This includes: (1) Multi-State, regional, or national 
intermediary organizations, and (2) local housing counseling agencies 
that do not elect to affiliate with a HUD-approved intermediary 
organization.
    This NOFA contains additional information on the purpose and 
background of the NOFA and funding levels available to local counseling 
agencies and intermediary organizations respectively; eligible 
activities and funding criteria; and application requirements and 
procedures.

DATES: Completed applications must be submitted no later than 4 p.m. 
E.S.T. on June 23, 1995. As further described below, any completed 
application must be physically received by this deadline date and hour 
at the appropriate local HUD office (for local applicants) or at the 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW, Room 9282, Washington D.C. 20410 (for national, regional or 
multi-State applicants). In the interest of fairness to all applicants, 
late applications will be treated as ineligible for consideration. 
Applicants should take this requirement into account and make early 
submission of their applications to avoid loss of eligibility brought 
about by any unanticipated delays or other delivery-related problems. 
It is not sufficient for an application to be postmarked within the 
deadline. Applications sent by facsimile (FAX) will not be accepted. 
HUD will not waive this submission deadline for any reason.

ADDRESSES: For local housing counseling agency applicants: An original 
and two copies of the completed application must be submitted to the 
local HUD office having jurisdiction over the locality or area in which 
the proposed program is located. These copies should be sent to the 
attention of the Single Family Division Director, and the envelope 
should be clearly marked, ``FY 1995 Counseling Application''. A list of 
Single Family Division Directors and local HUD Offices appears at the 
end of this NOFA. Failure to submit an application to the correct 
office in accordance with the above procedures will result in 
disqualification of the application.
    For national, regional and multi-State housing counseling agencies: 
An original and two copies of the completed application must be 
submitted to the person listed below in HUD Headquarters. The envelope 
should be clearly marked, ``FY 1995 Counseling Application.''

FOR FURTHER INFORMATION CONTACT: Marion F. Connell, Program Advisor, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW, Room 9282, Washington D.C. 20410; telephone (202) 708-0614, 
extension 2315 (voice), or (202) 708-4594 (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, under section 
3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520), 
and assigned OMB control number 2502-0261.

I. Purpose and Substantive Description

A. Authority and Purpose

    HUD's housing counseling program is authorized under section 106 of 
the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x). The 
purpose of the program is to promote and protect the interests of 
housing consumers participating in HUD and other housing programs, as 
well as to help protect the interests of HUD and mortgage lenders. The 
Housing Counseling program is generally governed by HUD Handbook 
7610.1, REV-3, which is currently under revision.
    The new version of the Handbook is expected to be in effect by the 
time funding under this NOFA is provided. The new Handbook will differ 
from the current Handbook in that national, regional, and multi-State 
housing counseling intermediaries may be approved as counseling 
agencies and reimbursement will no longer be made on a ``counseling 
unit'' basis. Procedures for the approval of housing counseling 
intermediaries were published on April 25, 1995 (60 FR 20360). New 
reimbursement procedures are explained in the grant application kit for 
this NOFA. To the extent that this NOFA and its accompanying 
application kit are inconsistent with the current Handbook, the 
Handbook is superseded.
    Section 106 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. In addition, 
HUD-approved counseling agencies are permitted and encouraged by HUD to 
conduct community outreach activities and provide counseling to 
individuals with the objective of increasing awareness of homeownership 
opportunities and improving access of low and moderate income 
households to sources of mortgage credit. HUD believes that this 
activity is key to the revitalization and stabilization of low income 
and minority neighborhoods. (See the recently published notice inviting 
the application by national, multi-State and regional organizations for 
housing counseling agency approval, described above.)
    Under the housing counseling program, HUD contracts with qualified 
public or private nonprofit organizations to provide the services 
authorized by the statute. When Congress appropriates funds for this 
[[Page 27539]] purpose, HUD announces the availability of such funds, 
and invites applications from eligible agencies, through a notice 
published in the Federal Register. Currently there are 661 HUD-approved 
housing counseling agencies, serving over 1,000 locations. Annually, 
all HUD-approved agencies are eligible to apply for housing counseling 
grants. However, an agency that is approved by HUD does not 
automatically receive HUD funding, and HUD expects that all counseling 
agencies will continually work to develop other funding resources. In 
FY '94, 431 HUD-approved agencies received housing counseling funding 
from HUD.

B. Allocation Amounts

    Approximately $12 million has been appropriated for FY 1995. Of 
this amount, $9.5 million is being made available under this NOFA for 
lump-sum, performance-based grants, as defined at 24 CFR part 84, 
subpart E. Approximately $3.5 million is being set aside to fund 
national, regional and multi-State organizations that apply for funding 
under this NOFA. No national, regional, or multi-State agency may 
receive more than $1 million. Approximately $6 million has been made 
available for grants to local HUD approved housing counseling agencies, 
and it has been allocated to each of the 10 HUD geographical areas 
(formerly Regions) by a formula that gives equal weight to the 
percentage of HUD insured single family mortgage defaults within each 
geographical area as of January 31, 1995, compared to the nationwide 
total the percentage of first-time homebuyers that were approved for 
FHA-insured mortgages by geographical area during 1994 compared to the 
nationwide total for those periods. This formula reflects the increased 
emphasis that HUD is placing on the expansion of homeownership 
opportunities for first-time homebuyers. For FY 1995, no individual 
local housing counseling agency may be awarded more than $100,000.
    Amounts allocated for use in local agency programs, by HUD 
geographical area, are as follows:

----------------------------------------------------------------------------------------------------------------
                             Default data                           First-time homebuyer data                   
                      --------------------------             ---------------------------------------            
  Geographical areas                 Percent of   Allocation                Percent of                  Total   
                          No. of       nat'l        amount     No. of 1st   nat'l 1st    Allocation   allocation
                         defaults     defaults                   timers       timers       amount               
----------------------------------------------------------------------------------------------------------------
New England..........        3,052         1.95       58,623       13,720         2.99       89,589      148,213
NY/NJ................       13,145         8.42      252,491       27,593         6.01      180,178      432,669
Mid-Atlantic.........       17,453        11.17      335,239       52,515        11.43      342,915      678,154
SE/Caribbean.........       38,973        24.95      748,598       89,713        19.53      585,812    1,334,410
Midwest..............       25,174        16.12      483,545       86,977        18.93      567,946    1,051,491
Southwest............       22,486        14.40      431,914       50,966        11.09      332,800      764,714
Great Plains.........        4,040         2.59       77,601       17,613         3.83      115,010      192,611
Rocky Mts............        4,125         2.64       79,233       26,062         5.67      170,181      249,414
Pac/Hawaii...........       25,020        16.02      480,587       74,670        16.25      487,584      968,171
NW/Alaska............        2,716         1.74       52,169       19,600         4.27      127,985      180,154
                      ------------------------------------------------------------------------------------------
    Totals...........      156,184          100    3,000,000      459,429          100    3,000,000    6,000,000
----------------------------------------------------------------------------------------------------------------

    Allocations of program funding already made are: $650,000 
specifically to provide training and technical assistance to Home 
Equity Conversion Mortgage (HECM) counselors and to develop HECM 
distance learning and outreach materials; $500,000 to establish a 
Housing Counseling Clearinghouse as recommended by the National 
Homeownership Strategy; $400,000 to develop software for HUD-approved 
counseling agencies to computerize record-keeping and create a 
communications network; and $250,000 to extend the toll-free 800 number 
(800/569-4287) housing counseling referral service for public use.
    If funds remain after HUD has funded all approvable grant 
applications in a HUD geographical area, or if any funds become 
available due to deobligation, that amount shall be reallocated and 
used in keeping with the statute and in a manner that will improve the 
delivery of housing counseling service nationwide. Any balance will be 
used to fund training for counselors from HUD approved agencies as 
provided by the Appropriations Act and requested by program users. HUD 
already has earmarked a minimum of $500,000 for this purpose.

C. Eligible Applicants

1. General
    There are two types of HUD-approved organizations that are eligible 
to submit applications pursuant to this NOFA: (1) National, regional, 
or multi-State housing counseling organizations (also known as 
``intermediaries'' or ``umbrella groups''); and (2) local housing 
counseling agencies.
    National, regional, and multi-State nonprofit, intermediary 
organizations must identify all their proposed affiliates in their 
application. These intermediaries must assure that their proposed 
affiliates are unique to their team and will not undertake a separate 
application for funds either as an affiliate of another intermediary or 
directly as a HUD-approved local counseling agency. Should any 
duplication occur, both the intermediary organization and the local 
agency involved will automatically be ineligible for further 
consideration to receive FY 1995 housing counseling funds. In addition, 
an intermediary-applicant must also assure that it has executed a sub-
agreement with its affiliates that clearly delineates their mutual 
responsibilities for program management, incorporating appropriate 
timeframes for reporting results to HUD.
    Once funded, the national, regional, and multi-State intermediaries 
will be given broad discretion in implementing their housing counseling 
programs. On behalf of HUD, the intermediaries will act as managers in 
the housing counseling process and, as such, may determine funding 
levels and counseling activity for each of their affiliates, except 
that no single affiliate may receive more than $100,000. HUD will hold 
the intermediary organization accountable for the performance of its 
affiliates.
    Local counseling agencies may apply either directly to HUD for 
funding, or as a part of an affiliated intermediary network. Since HUD 
is not requesting a continuation of funding for housing counseling 
activities as a separate and discrete program for FY 1996 and 
thereafter, it encourages local agencies to consider affiliating with a 
larger entity as one avenue of possible future [[Page 27540]] funding 
and support for local programs. Local housing counseling agencies that 
are not currently HUD-approved may receive FY 1995 funding only as an 
affiliate of a HUD-approved national, regional, or multi-State 
intermediary's application for FY 1995 funds. In this instance, the 
intermediary organization must certify that the quality of services 
provided will meet, or exceed, standards for local HUD-approved 
agencies.
2. Civil Rights Prerequisites
    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 a 
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 one of the 
following authorities:
    i. Title VI of the Civil Rights Act of 1964 and the implementing 
guidelines of the Attorney General (28 CFR 50.3) and the HUD 
regulations (24 CFR 1.8);
    ii. Section 504 of the Rehabilitation Act of 1973 and the HUD 
section 504 regulations (24 CFR 8.57);
    iii. Executive Order 11063, as amended by Executive Order 12892 and 
HUD regulations (24 CFR Part 107);
    iv. Title II of the Americans with Disabilities Act of 1990 and 
applicable regulations (28 CFR Part 36); or
    v. The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and 
implementing regulations (24 CFR Part 146).
3. Requirements Applicable to Religious Organizations
    Where the applicant is, or proposes to contract with, a primarily 
religious organization, or a wholly secular organization established by 
a primarily religious organization, to provide, manage, or operate a 
housing counseling program, the organization must undertake its 
responsibilities under the counseling program in accordance with the 
following principles:
    a. It will not discriminate against any employee or applicant for 
employment under the program on the basis of religion and will not 
limit employment or give preference in employment to persons on the 
basis of religion;
    b. It will not discriminate against any person applying for 
counseling under the program on the basis of religion and will not 
limit such assistance or give preference to persons on the basis of 
religion; and
    c. It will provide no religious instruction or religious 
counseling, conduct no religious services or worship, engage in no 
religious proselytizing, and exert no other religious influence in the 
provision of assistance under the housing counseling program.

D. Eligible Activities

    Eligible activities will vary depending upon whether the applicant 
is a HUD-approved local counseling agency or a HUD-approved national, 
regional, or multi-State housing counseling intermediary.
1. Local Housing Counseling Agencies
    Local housing counseling agencies funded under this NOFA may use 
HUD funds to deliver comprehensive housing counseling or to specialize 
in the delivery of particular housing counseling services according to 
the housing needs they identified for their target area in the plan 
that was previously approved by HUD. HUD recognizes that local housing 
counseling agencies may offer a wide range of services, including:
    a. Renter assistance, including information about rent subsidy 
programs, rights and responsibilities of tenants, lease and rental 
agreements, etc.;
    b. Outreach initiatives, including providing general information 
about housing opportunities within the community and providing 
appropriate information to persons with disabilities;
    c. Pre-purchase homeownership counseling, covering such issues as 
purchase procedures, mortgage financing, downpayment/closing cost fund 
accumulation, accessibility requirements of the property--if 
appropriate, credit improvement, debt consolidation, etc.;
    d. Post-purchase counseling, including such issues as property 
maintenance, personal money management, home equity conversion 
mortgages, etc.; or
    e. Mortgage delinquency and default resolution, including 
restructuring debt, arrangement of reinstatement plans, loan 
forbearance, assignment of mortgage to HUD, etc.
    HUD-funded local counseling agencies may elect to offer their 
services to a wide range of clients or may elect to serve a more 
limited audience. Potential clients include: renters; potential 
homebuyers; homeowners eligible for and applying for HUD-related, VA, 
FmHA, State, local, or conventionally financed housing or housing 
assistance; or persons who occupy such housing and seek the assistance 
of a HUD-approved housing counseling agency to resolve a housing need 
(including the need of a person with a disability for accessible 
housing) or problem. Local housing counseling agencies may elect to 
offer this assistance in conjunction with any HUD housing program but 
must be familiar with FHA's single family and multifamily housing 
programs.
2. National, Regional, or Multi-State Counseling Intermediaries
    The primary activity of national, regional, or multi-State 
nonprofit housing counseling intermediaries will be to manage the use 
of HUD housing counseling funds, including the distribution of 
counseling funding to affiliated local housing counseling 
organizations. Local affiliates of the selected national, regional, or 
multi-State counseling intermediaries are eligible to undertake any or 
all of the housing counseling activities outlined above for the HUD-
approved local housing counseling agencies. The local affiliates 
receiving funding through intermediaries do not need to be HUD-approved 
in order to receive these funds from the intermediary. However, the 
national, regional, or multi-State intermediary organization must be 
HUD-approved as of the NOFA publication date.

E. Selection Process

1. Local Housing Counseling Agencies
    All applications meeting the requirements of this NOFA will be 
selected for funding, if sufficient funds are available within the HUD 
geographic allocation area for local housing counseling agency 
applicants.
a. Criteria/Ranking Factors
    All applications will be rated and ranked by staff in the 
appropriate local HUD office using the following criteria:
    i. Capability of the applicant as determined by HUD, including 
competent delivery of counseling services and timely drawdown of any 
HUD funds awarded in the prior Fiscal Year--up to 50 points; 
[[Page 27541]] 
    ii. Adequacy of the activities proposed by the applicant in 
response to housing needs identified in the applicant's housing 
counseling plan as previously approved by HUD--up to 25 points;
    iii. Evidence of private funding sources contributing to the 
applicant's operating budget over the past calendar year--up to 15 
points; and
    iv. Evidence of current funding support from units of government 
located within the target area which the applicant intends to serve--up 
to 10 points.
b. Selection Procedure
    National, regional, and multi-State applications will be ranked in 
Headquarters and selected for funding, in rank order, until all funds 
for such agencies are depleted. Local agency applications will be 
reviewed by the Field Office and assigned points under the selection 
criteria. Then the Field Office will submit its recommendations for 
funding to HUD Headquarters for final review, to ensure appropriate 
geographical distribution of program funds and consistent application 
of the criteria described above. HUD Headquarters will then rank the 
local agency applications within the geographical areas and select for 
funding, in rank order, all acceptable applications to the point at 
which all funds are depleted.
i. Breaking a Tie
    If two or more applications receive the same number of points and 
sufficient funds are not available to fund all such applications, first 
the application or applications requesting the smallest grants will be 
selected, if a sufficient amount remains to fund them. If two or more 
tied applications request the same amount and sufficient funds are not 
available to fund all such applications, the following system will be 
used to break the ties:
    A. If the tied applications are for programs to be carried out in 
different jurisdictions, applications with the highest number of points 
for the rating criterion a. ii. (adequacy of activities) stated above 
will be selected, if sufficient funds remain.
    B. If the tied applications are to be carried out in the same 
jurisdiction, applications with the highest number of points for the 
rating criterion a. i. (capability) stated above will be selected, if 
sufficient funds remain.
ii. Reallocations
    Funds remaining after applying the procedures described in 
paragraph E.1.b. will be reallocated to fund the highest ranking 
remaining applications without regard to their location.
iii. Procedural Errors
    Procedural errors by HUD discovered after initial ratings, but 
before notification to Congress of selected applicants, will be 
corrected and rankings will be revised.
iv. Reductions
    HUD will approve an application for an amount lower than the amount 
requested or adjust line items in the proposed budget within the amount 
requested (or both) if it determines that:
    A. The amount requested for one or more eligible activities is 
unreasonable, unnecessary, or unjustified;
    B. An activity proposed for funding does not qualify as an eligible 
activity;
    C. The applicant is not able to carry out all the activities 
requested; or
    D. Insufficient amounts remain in that funding round to fund the 
full amount requested in the application.
v. Limitation of Geographic Scope
    HUD may reduce the geographic scope of the proposed program if it 
determines that:
    A. Two or more fundable applications substantially overlap; or
    B. The proposed geographic scope is overly large given the capacity 
of the organization.
2. National, Regional, and Multi-State Counseling Organizations
    If more applications are submitted to HUD Headquarters from 
national, regional, and multi-State organizations that meet all the 
requirements of this NOFA than can be funded with the amount allocated 
for this purpose, they will be rated by staff in HUD Headquarters using 
the above ranking criteria stated in paragraph 1. a., and the top-rated 
applicants will be selected. Paragraphs 1. c. iii., iv., and v., above 
also apply to the selection of national, regional, and multi-State 
counseling organizations.
3. Notification of Approval or Disapproval
    After completion of the selection process, but no later than six 
months after the deadline date for submission of the applications, as 
stated in this NOFA, HUD will notify, in writing, the applicants that 
have been selected and the applicants that have not been selected.

F. Funding Levels

    Funding levels will be based on the amount authorized by the 
Congress, geographical distribution as described above, the performance 
record of each counseling agency as determined by HUD's analysis of 
prior year counseling workload and results of the most recent biennial 
performance review, competent delivery of counseling services and 
timely drawdown of funds awarded, and the agency's needs, as specified 
in the application according to its housing counseling plan previously 
approved by HUD. In addition, applicants that can demonstrate 
successful efforts to obtain non-HUD funding in their applications will 
receive extra consideration in HUD's rating and ranking process. HUD 
funding provided must be less than the total actual cost of the 
agency's housing counseling program.
1. Local Housing Counseling Agencies
    HUD will fund local agencies according to the budget submitted with 
the application, in an amount not to exceed $100,000. Amounts requested 
by local housing counseling agencies should reflect anticipated 
operating needs for housing counseling activities, based upon 
counseling experience during the last year and existing agency 
capacity. To the maximum extent possible, local counseling agencies 
also must seek other private and public sources of funding to 
supplement HUD funding. HUD never intends for its counseling grant 
funds to cover all costs incurred by an agency participating in the 
program.
    Local housing counseling agencies may use the HUD grant to 
undertake any of the eligible counseling activities described in this 
NOFA and included in their HUD-approved plan. FY 1995 housing 
counseling grant funds also may be used for ``capacity building'' as 
defined in this NOFA. Up to $4,000 of the grant amount may be used to: 
purchase computer equipment that meets, or exceeds, HUD specifications; 
enhance existing telephone service, such as purchasing a 
Telecommunications Device for the Deaf (TDD) to serve persons with 
hearing impairments (as an alternative to using TDD relay service); and 
install FAX machines. The Department will require that all funded 
grantees that do not currently have adequate computer systems use all 
or a portion of their $4,000 capacity building portion of the grant to 
purchase computer hardware according to HUD specifications. Computer 
training for one staff person also may be paid from the $4,000 set-
aside, as may training on how to use a TDD. Title to equipment acquired 
by a recipient with program funds shall vest in the recipient, subject 
to the provisions of 24 CFR part 84, subpart E. [[Page 27542]] 
2. National, Regional, or Multi-State Counseling Intermediaries
    The intermediary organization will distribute the majority of funds 
awarded to their proposed local housing counseling affiliates. 
Intermediaries should budget an amount which reflects their best 
estimate of cost to oversee and fund these counseling efforts, as well 
as the funding needs of their affiliates. Note that HUD housing 
counseling funding is not intended to fully fund either the 
intermediary's housing counseling program or the housing counseling 
programs of the local affiliates. To the maximum extent possible, 
intermediaries and their local affiliates are expected to seek other 
private and public sources of funding for housing counseling to 
supplement HUD funding.
    An intermediary may use up to $5,000 of its total grant amount for 
capacity building expenses such as: purchasing computer equipment; 
enhancing telephone service, such as purchasing a Telecommunications 
Device for the Deaf (TDD) to serve persons with hearing impairments (as 
an alternative to using TDD relay service); installing FAX machines; 
and preparing or publishing counseling materials. If the intermediary 
does not have an adequate computer system, the Department will require 
that the $5,000 capacity building portion of the grant be used to 
purchase necessary equipment meeting HUD specifications. Title to 
equipment acquired by a recipient with program funds shall vest in the 
recipient, subject to the provisions of 24 CFR part 84, subpart E.
    HUD will give the selected nonprofit intermediaries wide discretion 
to implement the housing counseling program with their affiliates. The 
intermediary may decide how to allocate funding among its affiliates 
and may determine funding levels at or below $100,000 for individual 
affiliates with the understanding that a written record will be kept of 
how this determination is made. This record shall be made available to 
the agencies affiliated with the intermediary.

III. Checklist of Application Submission Requirements

A. General

    Contents of an application will differ somewhat for local housing 
counseling agencies and for national, regional, or multi-State 
intermediaries; however, all applicants are expected to submit:
    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.
    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 Federal funds at the time of 
application.
    7. HUD Form 9902-Housing Counseling Agency Fiscal Year Activity 
Report for 1994. Where an applicant did not participate in HUD's 
Housing Counseling Program during FY 1994, this report should be 
completed to reflect the agency's counseling workload during that 
period in any case. This form must be fully completed and submitted by 
every applicant for FY 1995 HUD funding. HUD will reject any 
application that does not include this form.
    8. Assurance that, if funded, it will administer its housing 
counseling program in keeping with the provisions of HUD Handbook 
7610.1, as revised.
    9. A description of the counseling services to be offered in 
response to housing needs in the agency's target area, according to the 
plan previously approved by HUD, with any modifications necessitated by 
changing housing market conditions in the agency's target area(s).
    10. A realistic, proposed budget for use of HUD funds if awarded. 
This should be broken down into two categories: direct counseling costs 
and capacity building costs. Note that the budget submitted by a local 
agency may not exceed a total of $100,000. Capacity building costs for 
local agencies may not exceed $4,000. National, regional and multi-
state organizations may submit a proposed budget up to $1 million. 
Capacity building costs for these organizations may not exceed $5,000.

B. National, Regional, and Multi-State Intermediaries

    National, regional, and multi-State intermediaries must submit an 
application which covers both their network organization and their 
affiliated agencies. This application must include:
    1. Description of affiliated agencies. For each, list the following 
information:
    a. Organization name
    b. Address
    c. Director and contact person (if different)
    d. Phone/FAX numbers (including TDD, if appropriate)
    e. Federal tax identification number
    f. ZIP code service areas
    g. Number of staff providing counseling
    h. Type of services offered (defined by renter assistance, outreach 
initiatives, pre-purchase counseling, post-purchase counseling, and 
mortgage default and delinquency counseling)
    i. Number of years of housing counseling experience
    2. Relationship with affiliates. Briefly describe the 
intermediary's relationship with affiliates (i.e. membership 
organization, field or branch offices, subsidiary organizations, etc.).
    3. Oversight system. Describe the process that will be used for 
determining affiliate funding levels, distributing funds, and 
monitoring affiliate performance.

IV. Corrections to Deficient Applications

    After the submission deadline, applicants may cure only non-
substantial, technical deficiencies that surface during HUD screening 
of their application. Applicants will have a ``cure period'' to correct 
such deficiencies that are not integral to HUD's review of the 
application. Applicants have 14 calendar days from the date HUD 
notifies them of any problem to submit the appropriate information to 
HUD. Notification of a technical deficiency may be in writing or by 
telephone. If the HUD notification is by telephone, a written 
confirmation will be transmitted by HUD to the applicant. Where HUD 
determines that an application as initially submitted is fundamentally 
incomplete, or would require substantial revisions, it will not 
consider the application further. Note: HUD will not inform applicants 
regarding application deficiencies other than as described in this 
section.

V. Other Matters

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
was made in accordance with HUD regulations at 24 CFR part 50 that 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969, 42 U.S.C. 4332, in connection with the Notice of Funding 
Availability published in connection with the Housing Counseling 
program on March 21, 1994 (59 FR 13366). That Finding is applicable to 
this NOFA and is available [[Page 27543]] 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 Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this NOFA 
does not have ``federalism implications'' because it does not have 
substantial direct effects on the States (including their political 
subdivisions), or on the distribution of power and responsibilities 
among the various levels of government. This NOFA only affects 
nonprofit or public organizations who seek funding for their housing 
counseling activities.

Impact on the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, the Family, has determined that this NOFA has potential 
significant impact on family formation, maintenance, and general well-
being only to the extent that the entities who qualify for 
participation in HUD's housing counseling program under this notice 
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 potential 
impact on the family is considered beneficial, no further review under 
the Order is necessary.

Documentation and Public Access Requirements: HUD Reform Act

    HUD will ensure that 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 
Federal Register notice of all recipients of HUD assistance awarded on 
a competitive basis. (See 24 CFR 12.14(a) and 12.16(b).)

Prohibition Against Advance Information on Funding Decisions: HUD 
Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a), 24 
CFR part 4, applies to the funding competition announced today. The 
requirements of the rule 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 under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (voice) or (202) 708-1112 (TDD). (These are not 
toll-free numbers.) The Office of Ethics can provide information of a 
general nature to HUD employees, as well. However, a HUD employee who 
has specific program questions, such as whether particular subject 
matter can be discussed with persons outside the Department, should 
contact his or her Assistant General Counsel or Headquarters counsel 
for the program to which the question pertains.

Influence on Awards: HUD Reform Act

    Section 112 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 award of HUD 
assistance, if the fees are tied to the amount of assistance received, 
or if they are contingent upon the receipt of assistance. See 24 CFR 
part 86.
    Any questions about these requirements should be directed to the 
Office of Ethics, Department of Housing and Urban Development, 451 
Seventh Street, S.W., Washington, D.C. 20410-0500. Telephone: (202) 
708-3815 (voice); (202) 708-1112 (TDD). (These are not toll-free 
numbers.) Forms necessary for compliance with the rule may be obtained 
from the local HUD office.

Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of 24 CFR part 87. That 
regulation 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. 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 must certify that no federal funds have 
been or will be spent on lobbying activities in connection with the 
assistance.

Catalog

    The Catalog of Federal Domestic Assistance Program number is 
14.169.

    Dated: May 12, 1995.
Jeanne K. Engel,
General Deputy, Assistant Secretary for Housing-Federal Housing 
Commissioner.
Appendix A--HUD Offices

    Note: The title of all those listed is: Director, Single Family 
Division, U.S. Department of Housing and Urban Development. 
Telephone numbers are not toll-free.

     Applicants within the Oklahoma State/Southwest Area who would 
have submitted applications to the HUD Oklahoma State Office in 
Oklahoma City, should send their applications to the Tulsa, Oklahoma 
Area Office.

HUD--New England Area

Connecticut State Office

Mr. Ronald T. Black, First Floor, 330 Main Street, Hartford, CT 
06106-1860, (203) 240-4569.

Massachusetts State Office

Mr. Edward T. Bernard, Room 375, Thomas P. O'Neill, Jr. Federal 
Building, 10 Causeway Street, Boston, MA 02222-1092, (617) 565-5101.

New Hampshire State Office

Mr. Loren Cole, Norris Cotton Federal Building, 275 Chestnut Street, 
Manchester, NH 03101-2487, (603) 666-7755.

Rhode Island State Office

Mr. Michael Dziok, Sixth Floor, 10 Weybosset Street, Providence, RI 
02903-2808, (401) 528-5351.

HUD--New York, New Jersey Area

New Jersey State Office

Ms. Encarnacion Loukatos, Thirteenth Floor, One Newark Center, 
Newark, NJ 07102-5260, (201) 622-7900 X3400. [[Page 27544]] 

New York State Office

Mr. Juan Baustista, 26 Federal Plaza, New York, NY 10278-0068, (212) 
264-0777 X3746.

Albany Area Office

Mr. Robert S. Scofield, Jr., 52 Corporate Circle, Albany, NY 12203-
5121, (518) 464-4204.

Buffalo Area Office

Mr. Glenn Ruggles, Fifth Floor, Lafayette Court, 465 Main Street, 
Buffalo, NY 14203-1780, (716) 846-5732.

Camden Area Office

Mr. Philip Caulfield, Second Floor, Hudson Building, 800 Hudson 
Square, Camden, NJ 08102-1156, (609) 757-5083.

HUD--Midatlantic Area

District of Columbia Office

Ms. Carole Catineau, 820 First Street, NE, Washington, D.C. 20002-
4502, (202) 275-9200 X3055.

Maryland State Office

Ms. Candace Simms, Fifth Floor, City Crescent Building, 10 South 
Howard Street, Baltimore, MD 21201-2505, (410) 962-2520 X3094.

Pennsylvania State Office

Mr. Mike Perretta, The Wanamaker Building, 100 Penn Square East, 
Philadelphia, PA 19107-3380, (215) 656-0507.

Virginia State Office

Ms. Rheba G. Gwaltney, The 3600 Centre, 3600 West Broad Street, P.O. 
Box 90331, Richmond, VA 23230-0331, (804) 278-4512.

West Virginia State Office

Mr. Peter Minter, Kanawha Valley Building, Suite 708, 405 Capitol 
Street, Charleston, WV 25301-1795, (304) 347-7064.

Pittsburgh Area Office

Mr. Richard Nemoytin, 412 Old Post Office Courthouse, 7th Avenue and 
Grant Street, Pittsburgh, PA 15219-1906, (412) 644-6940.

HUD--Southeast/Caribbean Area

Alabama State Office

Ms. Martha Andrus, Suite 300, Beacon Ridge Tower, 600 Beacon 
Parkway, West, Birmingham, AL 35209-3144, (205) 290-7648.

Caribbean Office

Ms. Margarita Delgado, New San Juan Office Building, 159 Carlos 
Chardon Avenue, San Juan, PR 00918-1804, (809) 766-5402.

Georgia State Office

Ms. Janice Cooper, Richard B. Russell Federal Building, 75 Spring 
Street, S.W., Atlanta, GA 30303-3388, (404) 331-4801.

Kentucky State Office

Mr. David A. Powell, 601 West Broadway, P.O. Box 1044, Louisville, 
KY 40201-1044, (502) 582-6167.

Mississippi State Office

Mr. Jerry F. Perkins, Suite 910, Doctor A.H. McCoy Federal Building, 
100 West Capitol Street, Jackson, MS 39269-1016, (601) 965-4930.

North Carolina State Office

Mr. Robert Dennis, Koger Building, 2306 West Meadowview Road, 
Greensboro, NC 27407-3707, (910) 547-4053.

South Carolina State Office

Mr. David L. Ball, Strom Thurmond Federal Building, 1835 Assembly 
Street, Columbia, SC 29201-2480, (803) 765-5593.

Coral Gables Area Office

Ms. Sara D. Warren, Gables 1 Tower, 1320 South Dixie Highway, Coral 
Gables, FL 33146-2911, (305) 662-4527.

Jacksonville Area Office

Ms. Martha A. Littlefield, Suite 2200, Southern Bell Tower, 301 West 
Bay Street, Jacksonville, FL 32202-5121, (904) 232-2811.
Knoxville Area Office

Mr. John Robbins, Third Floor, John J. Duncan Federal Building, 710 
Locust Street, Knoxville, TN 37902-2526, (615) 545-4377.

Memphis Area Office

Ms. Bonnie G. Johnson, Suite 1200, One Memphis Place, 200 Jefferson 
Avenue, Memphis, TN 38103-2335, (901) 544-3403.

Tennessee State Office

Mr. Ed M. Phillips, Suite 200, 251 Cumberland Bend Drive, Nashville, 
TN 37228-1803, (615) 736-7154.

Orlando Area Office

Mr. Robert K. Osterman, Suite 270, Langley Building, 3751 Maguire 
Boulevard, Orlando, FL 32803-3032, (407) 648-6441.

Tampa Area Office

Ms. Nikki A. Spitzer, Suite 700, Timberlake Federal Building Annex, 
501 East Polk Street, Tampa, FL 33602-3945, (813) 228-2504.

HUD--Midwest Area

Illinois State Office

Ms. Debra F. Robinson, Ralph H. Metcalfe Federal Building, 77 West 
Jackson Boulevard, Chicago, IL 60604-3507, (312) 886-9043.

Indiana State Office

Ms. Brenda Laroche, 151 North Delaware Street, Indianapolis, IN 
46204-2526, (317) 226-7034.

Michigan State Office

Mr. John Frelich, Patrick V. McNamara Federal Building, 477 Michigan 
Avenue, Detroit, MI 48226-2592, (313) 226-6885.

Minnesota State Office

Mr. John E. Buenger, 220 Second Street, South, Minneapolis, MN 
55401-2195, (612) 370-3053.

Ohio State Office

Mr. Verlon Shannon, 200 North High Street, Columbus, OH 43215-2499, 
(614) 469-5536.

Wisconsin State Office

Mr. Larry Milewski, Suite 1380, Henry S. Reuss Federal Plaza, 310 
West Wisconsin Avenue, Milwaukee, WI 53203-2289, (414) 297-3156.

Cincinnati Area Office

Ms. Louistine Tuck, 525 Vine St., Suite 700, Cincinnati, OH 45202-
3253, (513) 684-2233.

Cleveland Area Office

Mr. Kendel King, Fifth Floor, Renaissance Building, 1350 Euclid 
Avenue, Cleveland, OH 44115-1815, (216) 522-2784.

Flint Area Office

Mr. Gary Levine, Room 200, 605 North Saginaw Street, Flint, MI 
48502-1953, (810) 766-5107.

Grand Rapids Area Office

Ms. Shirley Bryant, 2922 Fuller Avenue, NE, Grand Rapids, MI 49505-
3499, (616) 456-2146.

HUD--Southwest Area

Arkansas State Office

Ms. Susan E. Finister, Suite 900, TCBY Tower, 425 West Capitol 
Avenue, Little Rock, AR 72201-3488, (501) 324-5961.

Louisiana State Office

Mr. Byron D. Duplantier, 9th Floor, Hale Boggs Federal Building, 501 
Magazine St., New Orleans, LA 70130-3099, (504) 589-6833.

New Mexico State Office

Ms. Carol G. Johnson, 625 Truman Street, NE, Albuquerque, NM 87110-
6443, (505) 262-6269.

Texas State Office

Mr. Louis Ybarra, 1600 Throckmorton Street, P.O. Box 2905, Fort 
Worth, TX 76113-2905, (817) 885-6255.

Houston Area Office

Mr. Henry Hadnot, Suite 200, Norfolk Tower, 2211 Norfolk, Houston, 
TX 77098-4096, (713) 834-3289.

Lubbock Area Office

Mr. Miguel Rincon (Acting), Federal Office Building, 1205 Texas 
Avenue, Lubbock, TX 79401-4093, (806) 743-7262.

San Antonio Area Office

Mr. Antonio C. Cabral, Washington Square, 800 Dolorosa Street, San 
Antonio, TX 78207-4563, (210) 229-6898.

Shreveport Area Office

Ms. Martha Sakre, Suite 1510, 401 Edwards Street, Shreveport, LA 
71101-3107, (318) 676-3387.

Tulsa Area Office

Ms. Jeanne King, 50 East 15th Street, Suite 110, Tulsa, OK 74119-
4032, (918) 581-7442.

HUD--Great Plains

Iowa State Office

Mr. Patrick Liao, Room 239, Federal Building, 210 Walnut Street, Des 
Moines, IA 50309-2155, (515) 284-4804.

[[Page 27545]]

Kansas/Missouri State Office

Mr. Deryll Sellmeyer, Room 200, Gateway Tower II, 400 State Avenue, 
Kansas City, KS 66101-2406, (913) 551-6820.

Nebraska State Office

Ms. Nancy Sheets, Executive Tower Centre, 10909 Mill Valley Road, 
Omaha, NE 68154-3955, (402) 492-3135.

Saint Louis Area Field Office Mr. Art Pearrow, Third Floor, Robert A. 
Young Federal Building, 1222 Spruce Street, St. Louis, MO 63103-2836, 
(314) 539-6388.

HUD--Rocky Mountains Area

Colorado State Office

Ms. Sheryl S. Miller, First Interstate Tower North, 633 17th Street, 
Denver, CO 80202-3607, (303) 672-5343.

Montana State Office

Mr. Gerald Boone, Room 340, Federal Office Building, Drawer 10095, 
301 S. Park, Helena, MT 59626-0095, (406) 449-5205.

Utah State Office

Mr. Richard P. Bell, Suite 550, 257 Tower, 257 East, 200 South, Salt 
Lake City, UT 84111-2048, (801) 524-5241.

HUD--Pacific/Hawaii Area

Arizona State Office
Ms. Bernice Campbell, Suite 1600, Two Arizona Center, 400 North 5th 
Street, Phoenix, AZ 85004-2361, (602) 379-6704.

California State Office

Mr. Keith Axtell (Acting), Philip Burton Federal Building and U.S. 
Courthouse, 450 Golden Gate Avenue, P.O. Box 36003, San Francisco, 
CA 94102-3448, (415) 556-0796.

Hawaii State Office

Ms. Jill B. Hurt, 7 Waterfront Plaza (Suite 500), 500 Ala Moana 
Boulevard, Honolulu, HI 96813-4918, (808) 522-8190.

Nevada State Office

Mr. Benjamin F. Davis, Suite 700, Atrium Building, 333 No. Rancho 
Drive, Las Vegas, NV 89106-3714, (702) 388-6500.

Fresno Area Office

Ms. Yvielle Edwards-Lee, Suite 138, 1630 E. Shaw Avenue, Fresno, CA 
93710-8193, (209) 487-5032.

Los Angeles Area Office

Mr. Malcolm Findley, 1615 West Olympic Boulevard, Los Angeles, CA 
90015-3801, (213) 251-7217.

Reno Area Office

Mr. William Fattic, Suite 114, 1575 Delucchi Lane, Reno, NV 89502-
6581, (702) 784-5388.

Sacramento Area Office

Mr. Ron M. Johnson (Acting), Suite 200, 777 12th Avenue, Sacramento, 
CA 95814-1997, (916) 498-5254.

San Diego Area Office

Mr. Danny E. Mendez, Mission City Corporate Center, 2365 Northside 
drive (Suite 300), San Diego, CA 92108-2712, (619) 557-2608.

Santa Ana Area Office

Mr. David A. Westerfield, Suite 500, 3 Hutton Centre, Santa Ana, CA 
92707-5764, (714) 957-7352.

Tucson Area Office

Ms. Sharon K. Atwell, Suite 700, Security Pacific Bank Plaza, 33 
North Stone Avenue, Tucson, AZ 85701-1467, (520) 670-6000.

HUD--Northwest/Alaska Area

Alaska State Office

Mr. Paul O. Johnson, Suite 401, University Plaza Building, 949 East 
36th Avenue, Anchorage, AK 99508-4399, (907) 271-4610.

Idaho State Office

Mr. Gary L. Gillespie, Suite 220, Plaza IV, 800 Park Boulevard, 
Boise, ID 83712-7743, (208) 334-1991.

Oregon State Office

Ms. Pamela D. West, 520 S.W. 6th Avenue, Portland, OR 97204-1596, 
(503) 326-2684.

Washington State Office

Mr. David L. Rodgers, Suite 200, Seattle Federal Office Building, 
909 First Avenue, Seattle, WA 98104-1000, (206) 220-5200 X3252.
[FR Doc. 95-12729 Filed 5-23-95; 8:45 am]
BILLING CODE 4210-27-P