95-12729. Office of the Assistant Secretary for HousingFederal Housing Commissioner; FY 1995 Funding Availability for HUDApproved Housing Counseling Agencies  

  • [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:
    
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                                 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