[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35906-35913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17258]



[[Page 35905]]


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Part V





Department of Housing and Urban Development





_______________________________________________________________________



Office of Assistant Secretary for Housing--Federal Housing Commissioner



_______________________________________________________________________



FY 1996 Funding Availability for HUD-Approved Housing Counseling 
Agencies; Notice

  Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / 
Notices  

[[Page 35906]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner
[Docket No. FR-4073-N-01]


FY 1996 Funding Availability for HUD-Approved Housing Counseling 
Agencies

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

ACTION: Fiscal year 1996 notice of funding availability for HUD-
approved housing counseling agencies.

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

SUMMARY: This notice announces the availability of Fiscal Year (FY) 
1996 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 announces the 
availability of up to $10.5 million dollars for housing counseling 
services 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 1996 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 4:00 p.m. 
local time on August 7, 1996. 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 1996 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 1996 Counseling Application.''

FOR FURTHER INFORMATION CONTACT: Joan Morgan, Chief, Product 
Development and Special Projects Branch, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street, SW, Room 9272, 
Washington D.C. 20410; telephone (202) 708-0614, extension 2213 
(voice), or (202) 708-4594 (TTY 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 1995 (44 U.S.C. 3501-3520), 
and assigned OMB control number 2502-0261. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a valid control number.

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-4, dated August 9, 1995.
    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.
    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 
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 705 HUD-approved local housing 
counseling agencies with 386 Branch Offices and 10 HUD-approved 
intermediary organizations. 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 '95, 240 HUD-approved local 
housing counseling agencies and 5 HUD-approved national/regional/multi-
state housing counseling agencies received funding from HUD.

B. Allocation Amounts

    Twelve million dollars ($12 million) has been appropriated from the 
1996 Appropriations Act, P. L. 104-134, 110 Stat. 1321, approved April 
26, 1996 for this program. Of this amount, $10.5 million is being made 
available under this NOFA for lump-sum, performance-based grants, as 
defined at 24 CFR part 84, subpart E. Approximately $4 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

[[Page 35907]]

million. Approximately $6.5 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 
September 30, 1995, compared to the nationwide total and the percentage 
of first-time homebuyers that were approved for FHA-insured mortgages 
by geographical area during FY 1995 compared to the nationwide total 
for that period. This formula reflects the increased emphasis that HUD 
is placing on the expansion of homeownership opportunities for first-
time homebuyers. For FY 1996, no individual local housing counseling 
agency may be awarded more than $100,000.
    Allocations for use in local agency programs, by HUD geographical 
area, are estimated as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Default data                                      First-time Homebuyer Data                  
                                         ---------------------------------------------------------------------------------------------------------------
           Geographical areas                                                                               Nat'l. 1st                                  
                                              No. of      Nat'l defaults    Allocation      No. of 1st        timers        Allocation         Total    
                                             defaults        (Percent)        amount          timers         (Percent)        amount        allocation  
--------------------------------------------------------------------------------------------------------------------------------------------------------
New England.............................           2,836            1.95          63,465          11,887            3.26         105,959         169,424
NY/NJ...................................          11,853            8.16         265,252          23,034            6.32         205,322         470,573
Mid-Atlantic............................          16,502           11.36         369,289          41,427           11.36         369,274         738,563
SE/Caribbean............................          36,049           24.82         806,721          72,746           19.95         648,447       1,455,168
Midwest.................................          23,087           15.90         516,651          63,812           17.50         568,811       1,085,462
Southwest...............................          19,834           13.66         443,854          40,238           11.04         358,676         802,530
Great Plains............................           4,102            2.82          91,796          14,671            4.02         130,775         222,572
Rocky Mts...............................           3,607            2.48          80,719          21,014            5.76         187,316         268,035
Pac/Hawaii..............................          24,685           17.00         552,412          62,277           16.25         555,128       1,107,540
                                                                                                                                                        
NW/Alaska...............................           2,674            1.84          59,840          13,495            3.70         120,292         180,132
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................         145,229             100       3,250,000         364,601             100       3,250,000       6,500,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

    An allocation of $1.5 million in program funding has been set aside 
for Housing Counseling support which may include: Continuation of the 
Housing Counseling Clearinghouse, 800 service to provide information to 
the public regarding local HUD-approved housing counseling agencies, 
and/or other HUD counseling initiatives.
    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.

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 1996 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 
continuation of funding for housing counseling activities as a separate 
and discrete program for FY 1997 and thereafter is not guaranteed, HUD 
encourages local agencies to consider affiliating with a larger entity 
as one avenue of possible future funding and support for local 
programs. Local housing counseling agencies that are not currently HUD-
approved may receive FY 1996 funding only as an affiliate of a HUD-
approved national, regional, or multi-State intermediary's application 
for FY 1996 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);

[[Page 35908]]

    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, loss mitigation, 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 (or its successor agency), 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. Housing Counseling Agencies. All applications meeting the 
requirements of this NOFA will be selected for funding within their 
competitive category, if sufficient funds are available: (1) in the set 
aside for National, Regional, or multi-State organizations, or (2) 
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 and by the 
Secretary's Representative in the appropriate State office. The 
Secretary's Representative and the local HUD Office staff will use the 
same criteria and ranking factors, as follows:
    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 (up to 45 
points assigned by HUD's Housing staff; up to 5 points assigned by the 
Secretary's Representative);
    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 (up to 
20 points assigned by HUD's Housing staff; up to 5 points assigned by 
the Secretary's Representative);
    iii. Evidence of private funding sources contributing to the 
applicant's operating budget over the past calendar year--up to 15 
points assigned by HUD's Housing staff; 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 rated and 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.

[[Page 35909]]

    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., c.iv., and c.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 1996 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 
telecommunications equipment for the hearing-impaired (TTY) to serve 
persons with hearing impairments (as an alternative to using the TTY 
relay service); and install FAX machines. The Department will require 
that all grantees funded in 1996 which do not currently have adequate 
computer systems (and were not funded by HUD under the FY 1995 NOFA) 
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 TTY. 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. Agencies funded 
under the FY 1995 NOFA already received an allocation of capacity 
building funds and may not request additional capacity building funds 
in 1996.
    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 telecommunications 
equipment for the hearing-impaired (TTY) to serve persons with hearing 
impairments (as an alternative to using TTY relay service); installing 
FAX machines; and preparing or publishing counseling materials. If the 
intermediary does not have an adequate computer system and was not 
funded under the FY 1995 NOFA, 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. Intermediaries

[[Page 35910]]

funded under the FY 1995 NOFA may not request additional capacity 
building funds in FY 1996.
    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. Drug-Free Workplace Requirements Certification
    4. Applicant/Recipient Disclosure/Update Report, Form HUD-2880
    5. Certification and Disclosure of Lobbying Activities, Standard 
Form LLL, for National Intermediaries only, if applicable
    6. Certification Regarding Civil Rights
    7. Form HUD-9902, Housing Counseling Agency FISCAL YEAR Activity 
Report for fiscal year October 1, 1994 through September 30, 1995. 
Where an applicant did not participate in HUD's Housing Counseling 
Program during FY 1995, 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 1996 
HUD funding. HUD will reject any application that does not include this 
form
    8. Computer Equipment Inventory (if applicable)
    9. Budget Worksheet. 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, 
including capacity building costs which may not exceed $4,000. 
National, regional and multi-State organizations may submit a proposed 
budget up to $1 million, including capacity building costs which may 
not exceed $5,000
    10. Exhibits for National, regional, multi-State or local housing 
counseling agencies (as described below in B1-B3 and in the application 
kit)
    11. Evidence of Housing Counseling Funding Sources (required by all 
applicants)
    12. Current Housing Counseling Plan
    13. A description of counseling activities to be performed
    14. A description of organization capability
    15. Direct-labor and Hourly-labor rate and Counseling Time Per 
Client
    16. Congressional District Information

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 TTY, 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 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.

[[Page 35911]]

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), and the notice 
published in the Federal Register on January 16, 1996, for further 
information on these requirements.)

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 4.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 or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) Hearing or speech-impaired persons may access that number 
by calling toll-free the Federal Information Relay Service at (800) 
877-8339. For HUD employees who have specific program questions, such 
as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Field Office 
Counsel, or Headquarters counsel for the program to which the question 
pertains.

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: July 1, 1996.
Nicolas P. Retsinas,
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.

HUD--New England Area

Connecticut state office

Mr. John Ertle
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. Theresa Arce
Thirteenth Floor
One Newark Center
Newark, NJ 07102-5260
(201) 622-7900 X3500

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) 464-4200 EXT. 4205

Buffalo Area Office

Mr. Glenn Ruggles
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
Suite 708
405 Capitol Street
Charleston, WV 25301-1795
(304) 347-7064

Pittsburgh area office

Mr. Al Curotola
339 Sixth Ave., Sixth Floor
Pittsburgh, PA 15222-2515
(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

[[Page 35912]]

(205) 290-7648

Caribbean office

Ms. Margarita Delgado
New San Juan Office Building
159 Carlos Chardon Avenue
San Juan, PR 00918-1804
(787) 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) 662-4526

Jacksonville area office

Ms. Ann Whaley
Suite 2200
Southern Bell Tower
301 West Bay Street
Jacksonville, FL 32202-5121
(904) 232-2811

Knoxville area office

Mr. William Pavelchik
Third Floor
John J. Duncan Federal Building
710 Locust Street
Knoxville, TN 37902-2526
(423) 545-4377

Memphis area office

Ms. Fellece S. Sawyer, Acting
Suite 1200
One Memphis Place
200 Jefferson Avenue
Memphis, TN 38103-2335
(901) 544-3367

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) 353-5066

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) 684-2833

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
50 Louis St, N.W.
Grand Rapids, MI 49503-2648
(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) 589-6570

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) 313-2274 EXT. 7019

Lubbock area office

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

Oklahoma state office

Mr. Ken Beck
500 West Main St., Suite 400
Oklahoma City, OK 73102-2233
(405) 553-7444

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) 676-3440

Tulsa area office

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

[[Page 35913]]

HUD--Great Plains

Iowa state office

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

Kansas/Missouri state office

Mr. Deryl 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. Dennis Martin
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. Gerard Boone
Room 340
Federal Office Building, Drawer 10095
301 S. Park
Helena, MT 59626-0095
(406) 441-1300

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. James McClanahan
Philip Burton Federal Building and U.S. Courthouse
450 Golden Gate Avenue
P.O. Box 36003
San Francisco, CA 94102-3448
(415) 436-6517

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. William Fattic
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
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
400 S.W. Sixth Ave., Suite 700
Portland, OR 97204
(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. 96-17258 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-27-P