[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Notices]
[Pages 14765-14773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-30320]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the General Counsel
[Docket No. N-95-3347; FR-3064-N-02]


Notice of Submission of Proposed Information Collection to OMB

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: The proposed information collection requirement described 
below has been submitted to the Office of Management and Budget (OMB) 
for expedited review, as required by the Paperwork Reduction Act. The 
Department is soliciting public comments on the subject proposal.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments must be received within five (5) days from the 
date of this Notice. Comments should refer to the proposal by name and 
should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and 
Urban Development, 451 7th Street, Southwest, Washington, DC 20410, 
telephone (202) 708-0050. This is not a toll-free number. Copies of the 
proposed forms and other available documents submitted to OMB may be 
obtained from Ms. Weaver.

SUPPLEMENTARY INFORMATION: The Department has submitted the proposal 
for the collection of information, as described below, to OMB for 
review, as required by the Paperwork Reduction Act (44 U.S.C. Chapter 
35). The Department is requesting that OMB complete its review within 
five working days from the date of this Notice.
    This Notice lists the following information: (1) The title of the 
information collection proposal; (2) the office of the agency to 
collect the information; (3) the description of the need for the 
information and its proposed use; (4) the agency form number, if 
applicable; (5) what members of the public will be affected by the 
proposal; (6) an estimate of the total number of hours needed to 
prepare the information submission including number of respondents, 
frequency of response, and hours of response; (7) whether the proposal 
is new or an extension, reinstatement, or revision of an information 
collection requirement; and (8) the names and telephone numbers of an 
agency official familiar with the proposal and of the OMB Desk Officer 
for the Department.

    Authority: Section 3507 of the Paperwork Reduction Act, 44 
U.S.C. 3507; Section 7(d) of the Department of Housing and Urban 
Development Act, 42 U.S.C. 3535(d).

    Dated: March 13, 1995.
Nelson A. Diaz,
General Counsel.

Notice of Submission of Proposed Information Collection to OMB

Proposal: Applicant/Recipient Disclosure/Update Form (HUD-2880) 
Reinstatement
Office: Office of the General Counsel
Description of the Need for the Information and Its Proposed Use: 
Section 102 of the HUD Reform Act of 1989 requires that persons or 
entities applying for or updating an application for certain HUD 
assistance disclose information regarding interested parties and other 
financial assistance received and the sources and uses of that 
assistance. The information is made available for public scrutiny, and 
it is used by the Department to determine if subsidy layering is 
occurring.
Form Number: HUD-2880
Respondents: Applicants or recipients of certain competitive HUD 
assistance.
Reporting burden:

----------------------------------------------------------------------------------------------------------------
                                                Number of         Frequency         Hours per           Burden  
                                               respondents   x   of response   x     response    =      Hours   
----------------------------------------------------------------------------------------------------------------
HUD-2880.....................................       13,520              1.25               2.2            37,100
----------------------------------------------------------------------------------------------------------------

Total Estimated Burden Hours: 37,100
Status: Expired December 31, 1995.
Contact: Aaron Santa Anna, HUD (202) 708-3815; Joseph F. Lackey, Jr., 
OMB, (202) 395-7316.

    Dated: March 13, 1995.
Supporting Statement--1989 HUD Reform Act, Section 102--
Accountability

A. Justification

1. Explain the Circumstances That Make the Collection of Information 
Necessary
    Section 102 of the HUD Reform Act of 1989 requires the Department 
to ensure greater accountability and integrity in the provision of 
certain types of assistance administered by the Department. One feature 
of the statute requires certain disclosures by applicants seeking 
assistance from HUD, and from States and units of local government, of 
other assistance to be used with respect to the activities to be 
carried out with the assistance. The disclosure includes the financial 
interests of persons in the activities, and the sources of funds to be 
made available for the activities and the use to which the funds are to 
be put.
    Each applicant who submits an application for assistance within the 
jurisdiction of the Department to HUD, or to a State or to a unit of 
general local government, for a specific project or activity must 
disclose this information whenever the dollar threshold is met. This 
information must be kept updated during the application review process 
and while the assistance is being provided.
2. Indicate How, by Whom, and for What Purpose the Information Is To Be 
Used and the Consequence to Federal Program or Policy Activities If the 
Collection of Information Was not Conducted
    This legislation was developed to ensure greater accountability and 
integrity in the provision of certain types of assistance administered 
by the Department. The Department is required to publish in the Federal 
Register the availability of assistance, application requirements and 
procedures, the selection criteria to be used, and the resulting 
funding decisions. HUD must also provide for public inspection of all 
documentation and other information which indicate the basis for either 
providing or denying the assistance being requested.
    Applicants for assistance are required to disclose information 
concerning other [[Page 14766]] governmental assistance they have 
obtained or is pending for the same project, as well as information 
about the key individuals involved with the proposed project/activity. 
This information will assist the Department in having an accurate 
assessment of the extent of government funding for a project as well as 
information regarding the key personnel involved. The disclosure 
requirement would be the only way in which this information could be 
obtained.
3. Describe Any Consideration of the Use of Improved Information 
Technology to Reduce Burden and Any Technical or Legal Obstacles to 
Reducing Burden
    It would be difficult to determine the extent to which applicants 
for HUD assistance have advanced information technology equipment on 
hand. Therefore, it would not be appropriate for the Department to 
mandate the use of a particular software. The form which has been 
designed to capture the required data however could easily be computer 
generated.
4. Describe Efforts to Identify Duplication
    This reporting requirement is new to the Department. It is 
explicitly mandated by Section 102 of the Housing Reform Act of 1989, 
approved December 15, 1989. There is no duplication.
5. Show Specifically Why Any Similar Information Already Available 
Cannot Be Used or Modified for the Purpose Described in 2.
    The information that is being required for disclosure has not been 
previously requested.
6. If the Collection of Information Involves Small Businesses or Other 
Small Entities, Describe the Methods Used to Minimize Burden
    An applicant for assistance within the jurisdiction of the 
Department will not be required to make the disclosures if they will 
not receive an aggregate amount of all forms of such assistance in 
excess of $200,000 during the fiscal year in which the application is 
submitted. Setting the threshold at this level should exclude most 
small entities from the reporting requirement.
7. Describe the Consequences to Federal Program or Policy Activities If 
the Collection Were Conducted Less Frequently
    This requirement is part of the assistance application process. As 
such, it is not a periodic report, but instead should be viewed as a 
one-time requirement. It is intended to provide information necessary 
to the review process.
8. Explain Any Special Circumstances That Require the Collection To Be 
Conducted in a Manner Inconsistent With the Guidelines in 5 CFR 1320.6
    None.
9. Describe Efforts to Consult With Persons Outside the Agency to 
Obtain Their Views on the Availability of Data
    The Department published a proposed rule to implement Section 102 
on June 19, 1995 (55 FR 25036). Comments on the proposed rule were 
received and considered.
10. Describe Any Assurance of Confidentiality Provided to Respondents 
and the Basis for the Assurance in Statute, Regulation, or Agency 
Policy
    None. There is no purpose for confidentiality since the legislation 
includes specific requirements for the government to make all 
information regarding applications for HUD assistance available for 
public inspection.
11. Provide Additional Justification for Any Questions of a Sensitive 
Nature
    Questions involving financial interest are statutorily mandated.
12. Provide Estimates of Annualized Cost to the Federal Government and 
to the Respondents

Federal Government

    The cost to the government can be broken down as follows:

No. of reviews of disclosed information
16,900
No. hours to complete a review
.45
Cost for total no. reviews:
  (@$30.hr.)
$228,000

Respondent

    The cost to respondents to disclose the data HUD is requiring is 
estimated at $557,700. This number is for the total number of 
applicants meeting the $200,00 threshold and is based on the following 
assumptions:
    Current hourly wage is estimated at $15 per hour. Each applicant 
must disclose three ypes of information: a listing of other government 
assistance that is expected to be made available for the project, a 
listing of all interested parties including any developers, 
contractors, and consultants, and a report of all sources and uses of 
funds. The time required to prepare this information is estimated at 
2.2 hours per initial submission.

------------------------------------------------------------------------
No. of disclosures                                                      
    (including            Hours             Rate              Total     
     updates)                                                           
------------------------------------------------------------------------
      16,900               2.2               $15            $557,700    
------------------------------------------------------------------------

    13. Provide estimates of the Burden of Collection of Information
    This is a new requirement. The following matrix provides an 
estimate of the burden on respondents meeting the threshold 
necessitated by the disclosure report.

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                                                              Number of                                         
                                                              responses    Frequency       Hours        Burden  
----------------------------------------------------------------------------------------------------------------
Initial Applications.......................................       13,500            1           2.5       33,700
Updates....................................................        3,400            1           1          3,400
Total Estimated Burden Hours: 37,100                                                                            
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    [[Page 14767]] 14. Explain reasons for changes in burden, including 
the need for any increases.
    Not Applicable.
    15. Collection of information to be used for statistical use.
    Not applicable.

BILLING CODE: 4210-01-M
     

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BILLING CODE: 4210-01-C

[[Page 14771]]

    Public reporting burden for this collection of information is 
estimated to average 2.5 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to the Reports 
Management Officer, Office of Information Policies and Systems, U.S. 
Department of Housing and Urban Development, Washington, D.C. 20410-
3600 and to the Office of Management and Budget, Paperwork Reduction 
Project (2535-0101), Washington, D.C. 20503. Do not send this 
completed form to either of these addressees.
    Privacy Act Statement. Except for Social Security Numbers (SSNs) 
and Employer Identification Numbers (EINs), the Department of 
Housing and Urban Development (HUD) is authorized to collect all the 
information required by this form under section 102 of the 
Department of Housing and Urban Development Reform Act of 1989, 42 
U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN 
is used as a unique identifier. The information you provide will 
enable HUD to carry out its responsibilities under Sections 102(b), 
(c), and (d) of the Department of Housing and Urban Development 
Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989. 
These provisions will help ensure greater accountability and 
integrity in the provision of certain types of assistance 
administered by HUD. They will also help ensure that HUD assistance 
for a specific housing project under Section 102(d) is not more than 
is necessary to make the project feasible after taking account of 
other government assistance. HUD will make available to the public 
all applicant disclosure reports for five years in the case of 
applications for competitive assistance, and for generally three 
years in the case of other applications. Update reports will be made 
available along with the disclosure reports, but in no case for a 
period generally less than three years. All reports, both initial 
reports and update reports, will be made available in accordance 
with the Freedom of Information Act (5 U.S.C. Sec. 552) and HUD's 
implementing regulations at 24 CFR Part 15. HUD will use the 
information in evaluating individual assistance applications and in 
performing internal administrative analyses to assist in the 
management of specific HUD programs. The information will also be 
used in making the determination under Section 102(d) whether HUD 
assistance for a specific housing project is more than is necessary 
to make the project feasible after taking account of other 
government assistance. You must provide all the required 
information. Failure to provide any required information may delay 
the processing of your application, and may result in sanctions and 
penalties, including imposition of the administrative and civil 
money penalties specified under 24 CFR Sec. 12.34.

    Note: This form only covers assistance made available by the 
Department. States and units of general local government that carry 
out responsibilities under Sections 102(b) and (c) of the Reform Act 
must develop their own procedures for complying with the Act.

Instructions (See Note 1 on last page.)

    I. Overview. Subpart C of 24 CFR Part 12 provides for (1) 
initial reports from applicants for HUD assistance and (2) update 
reports from recipients to HUD assistance. An overview of these 
requirements follows.
    A. Applicant disclosure (initial) reports: General. All 
applicants for assistance from HUD for a specific project or 
activity must make a number of disclosures, if the applicant meets a 
dollar threshold for the receipt of covered assistance during the 
fiscal year in which the application is submitted. The applicant 
must also make the disclosures if it requests assistance from HUD 
for a specific housing project that involves assistance from other 
governmental sources.
    Applicants subject to Subpart C must make the following 
disclosures:

Assistance from other government sources in connection with the 
project,
The financial interests of persons in the project,
The sources of funds to be made available for the project, and
The uses to which the funds are to be put.

    B. Update reports: General. All recipients covered assistance 
must submit update reports to the Department to reflect substantial 
changes to the initial applicant disclosure reports.
    C. Applicant disclosure reports: Specific guidance. The 
applicant must complete all parts of this disclosure form if either 
of the following two circumstances in paragraph 1. or 2., below, 
applies:
    1.a. Nature of Assistance. The applicant submits an application 
for assistance for a specific project or activity (See Note 2) in 
which:
    HUD makes assistance available to a recipient for a specific 
project or activity; or
    HUD makes assistance available to an entity (other than a State 
or a unit of general local government), such as a public housing 
agency (PHA), for a specific project or activity, where the 
application is required by statute or regulation to be submitted to 
HUD for any purpose; and
    b. Dollar Threshold. The applicant has received, or can 
reasonably expect to receive, an aggregate amount of all forms of 
assistance (See Note 3) from HUD, States, and units of general local 
government, in excess of $200,000 during the Federal fiscal year 
(October 1 through September 30) in which the application is 
submitted. (See Note 4)
    2. The applicant submits an application for assistance for a 
specific housing project that involves other government assistance. 
(See Note 5) Note: There is no dollar threshold for this criterion: 
any other government assistance triggers the requirement. (See Note 
6)
    If the Application meets neither of these two criteria, the 
applicant need only complete Parts I and II of this report, as well 
as the certification at the end of the report. If the Application 
meets either of these criteria, the applicant must complete the 
entire report.
    The applicant disclosure report must be submitted with the 
application for the assistance involved.
    D. Update reports: Specific guidance. During the period in which 
an application for covered assistance is pending, or in which the 
assistance is being provided (as indicated in the relevant grant or 
other agreement), the applicant must make the following additional 
disclosures:
    1. Any information that should have been disclosed in connection 
with the application, but that was omitted.
    2. Any information that would have been subject to disclosure in 
connection with the application, but that arose at a later time, 
including information concerning an interested party that now meets 
the applicable disclosure threshold referred to in Part IV, below.
    3. For changes in previously disclosed other government 
assistance:
    For programs administered by the Assistant Secretary for 
Community Planning and Development, any change in other government 
assistance that exceeds the amount of such assistance that was 
previously disclosed by $250,000 or by 10 percent of the assistance 
(whichever is lower).
    For all other programs, any change in other government 
assistance that exceeds the amount of such assistance that was 
previously disclosed.
    4. For changes in previously disclosed financial interests, any 
change in the amount of the financial interest of a person that 
exceeds the amount of the previously disclosed interests by $50,000 
or by 10 percent of such interests (whichever is lower).
    5. For changes in previously disclosed sources or uses of funds:
    a. For programs administered by the Assistant Secretary for 
Community Planning and Development:
    Any change in a source of funds that exceeds the amount of all 
previously disclosed sources of funds by $250,000 or by 10 percent 
of those sources (whichever is lower); and
    Any change in a use of funds under paragraph (b)(1)(iii) that 
exceeds the amount of all previously disclosed uses of funds by 
$250,000 or by 10 percent of those uses (whichever is lower).
    b. For all programs, other than those administered by the 
Assistant Secretary for Community Planning and Development:
    For projects receiving a tax credit under Federal, State, or 
local law, any change in a source of funds that was previously 
disclosed.
    For all other projects, any change in a source of funds that 
exceeds the lower of:
    The amount previously disclosed for that source of funds by 
$250,000, or by 10 percent of the amount previously disclosed for 
that source, whichever is lower; of
    The amount previously disclosed for all sources of funds by 
$250,000, or by 10 percent of the amount previously disclosed for 
all sources of funds, whichever is lower.
    c. For all programs, other than those administered by the 
Assistant Secretary for Community Planning and 
Development: [[Page 14772]] 
    For projects receiving a tax credit under Federal, State, or 
local law, any change in a use of funds that was previously 
disclosed.
    For all other projects, any change in a use of funds that 
exceeds the lower of:
    The amount previously disclosed for that use of funds by 
$250,000, or by 10 percent of the amount previously disclosed for 
that use whichever is lower; or
    The amount previously disclosed for all uses of funds by 
$250,000, or by 10 percent of the amount previously disclosed for 
all uses of funds, whichever is lower.

    Note: Update reports must be submitted within 30 days of the 
change requiring the update. The requirement to provide update 
reports only applies if the application for the underlying 
assistance was submitted on or after the effective date of Subpart 
C.

II. Line-by-Line Instructions

A. Part I. Applicant/Recipient Information

    All applicants for HUD assistance specified in Section I.C.1.a., 
above, as well as all recipients required to submit an update report 
under Section I.D., above, must complete the information required by 
Part I. The applicant/recipient must indicate whether the disclosure 
is an initial or an update report. Line-by-line guidance for Part I 
follows:
    1. Enter the full name, address, city, State, zip code, and 
telephone number (including area code) of the applicant/recipient. 
Where the applicant/recipient is an individual, the last name, first 
name, and middle initial must be entered. Entry of the applicant/
recipient's SSN or EIN, as appropriate, is optional.
    2. Applicants enter the name and full address of the project or 
activity for which the HUD assistance is sought. Recipients enter 
the name and full address of the HUD-assisted project or activity to 
which the update report relates. The most appropriate government 
identifying number must be used (e.g., RFP No.; IFB No.; grant 
announcement No.; or contract, grant, or loan No.) Include prefixes.
    3. Applicants describe the HUD assistance referred to in Section 
I.C.1.a. that is being requested. Recipients describe the HUD 
assistance to which the update report relates.
    4. Applicants enter the HUD program name under which the 
assistance is being requested. Recipients enter the HUD program name 
under which the assistance, that relates to the update report, was 
provided.
    5. Applicants enter the amount of HUD assistance that is being 
requested. Recipients enter the amount of HUD assistance that has 
been provided and to which the update report relates. The amounts 
are those stated in the application or award documentation. NOTE: In 
the case of assistance that is provided pursuant to contract over a 
period of time (such as project-based assistance under section 8 of 
the United States Housing Act of 1937), the amount of assistance to 
be reported includes all amounts that are to be provided over the 
term of the contract, irrespective of when they are to be received.

    Note: In the case of Mortgage Insurance under 24 CFR Subtitle B, 
Chapter II, the mortgagor is responsible for making the applicant 
disclosures, and the mortgagee is responsible for furnishing the 
mortgagor's disclosures to the Department. Update reports must be 
submitted directly to HUD by the mortgagor.

    Note: In the case of the Project-Based Certificate program under 
24 CFR Part 882, Subpart G, the owner is responsible for making the 
applicant disclosures, and the PHA is responsible for furnishing the 
owner's disclosures to HUD. Update reports must be submitted through 
the PHA by the owner.

B. Part II. Threshold Determinations--Applicants Only

    Part II contains information to help the applicant determine 
whether the remainder of the form must be completed. Recipients 
filing Update Reports should not complete this Part.
    1. The first question asks whether the applicant meets the 
Nature of Assistance and Dollar Threshold requirements set forth in 
Section I.C.1. above.
    If the answer is Yes, the applicant must complete the remainder 
of the form. If the answer is No, the form asks the applicant to 
certify that its response is correct, and to complete the next 
question.
    2. The second question asks whether the application is for a 
specific housing project that involves other government assistance, 
as described in Section I.C.2. above.
    If the answer is Yes, the applicant must complete the remainder 
of the form. If the answer is No, the form asks the applicant to 
certify that its response is correct.
    If the answer to both questions 1 and 2 is No, the applicant 
need not complete Parts III, IV, or V of the report, but must sign 
the certification at the end of the form.

C. Part III. Other Government Assistance

    This Part is to be completed by both applicants filing applicant 
disclosure reports and recipients filing update reports. Applicants 
must report any other government assistance involved in the project 
or activity for which assistance is sought. Recipients must report 
any other government assistance involved in the project or activity, 
to the extent required under Section I.D.1.,2., or 3., above.
    Other government assistance is defined in note 5 on the last 
page. For purposes of this definition, other government assistance 
is expected to be made available if, based on an assessment of all 
the circumstances involved, there is reasonable grounds to 
anticipate that the assistance will be forthcoming.
    Both applicant and recipient disclosures must include all other 
government assistance involved with the HUD assistance, as well as 
any other government assistance that was made available before the 
request, but that has continuing vitality at the time of the 
request. Examples of this latter category include tax credits that 
provide for a number of years of tax benefits, and grant assistance 
that continues to benefit the project at the time of the assistance 
request.
    The following information must be provided:
    1. Enter the name and address, city, State, and zip code of the 
government agency making the assistance available. Include at least 
one organizational level below the agency name. For example, U.S. 
Department of Transportation, U.S. Coast Guard; Department of 
Safety, Highway Patrol.
    2. Enter the program name and any relevant identifying numbers, 
or other means of identification, for the other government 
assistance.
    3. State the type of other government assistance (e.g., loan, 
grant, loan insurance).
    4. Enter the dollar amount of the other government assistance 
that is, or is expected to be, made available with respect to the 
project or activities for which the HUD assistance is ought 
(applicants) or has been provided (recipients).
    If the applicant has no other government assistance to disclose, 
it must certify that this assertion is correct.
    To avoid duplication, if there is other government assistance 
under this Part and Part V, the applicant/recipient should check the 
appropriate box in this Part and list the information in Part V, 
clearly designating which sources are other government assistance.

D. Part IV. Interested Parties

    This Part is to be completed by both applicants filling 
applicant disclosure reports and recipients filling update reports.
    Applicants must provide information on:
    (1) All developers, contractors, or consultants involved in the 
application for the assistance or in the planning, development, or 
implementation of the project or activity; or
    (2) Any other person who has a financial interest in the project 
or activity for which the assistance is sought that exceeds $50,000 
or 10 percent of the assistance (whichever is lower).
    Recipients must make the additional disclosures referred to in 
Section i.D.1., 2., or 4., above.

    Note: A financial interest means any financial involvement in 
the project or activity, including (but not limited to) situations 
in which an individual entity has an equity interest in the project 
or activity, shares in any profit on resale or any distribution of 
surplus cash or other assets of the project or activity, or receives 
compensation for any goods or services provided in connection with 
the project or activity. Residency of an individual in housing for 
which assistance is being sought is not, by itself, considered a 
covered financial interest.
    The information required below must be provided.
    1. Enter the full names and addresses of all persons referred to 
in paragraph (1) or (2) of this Part. If the person is an entity, 
the listing must include the full name of each officer, director, 
and principal stockholder of the entity. All names must be listed 
alphabetically, and the names of individuals must be shown with the 
last names first.
    2. Entry of the Social Security Number (SSN) or Employee 
identification Number (EIN), as appropriate, for each person listed 
is optional.
    3. Enter the type of participation in the project or activity 
for each person listed; i.e., the person's specific role in the 
project (e.g., contractor, consultant, planner, investor).
    4. Enter the financial interest in the project or activity for 
each person listed. The interest [[Page 14773]] must be expressed 
both as a dollar amount and as a percentage of the amount of the HUD 
assistance involved.
    If the applicant has no persons with financial interests to 
disclose, it must certify that this assertion is correct.
    5. Part V. Report on Sources and Uses of Funds. This Part is to 
be completed by both applicants filling applicant disclosure reports 
and recipients filing update reports.
    The applicant disclosure report must specify all expected 
sources of funds--both from HUD and from any other source--that have 
been, or are to be, made available for the project or activity. Non-
HUD sources of funds typically include (but are not limited to) 
other government assistance referred to in Part III, equity, and 
amounts from foundations and private contributions. The report must 
also specify all expected uses to which funds are to be put. All 
sources and uses of funds must be listed, if, based on an assessment 
of all the circumstances involved, there are reasonable grounds to 
anticipate that the source or use will be forthcoming.
    Note that if any of the source/use information required by this 
report has been provided elsewhere in this application package, the 
applicant need not repeat the information, but need only refer to 
the form and location to incorporate it into this report. (It is 
likely that some of the information required by this report has been 
provided on SF 424A, and on various budget forms accompanying the 
application.) If this report requires information beyond that 
provided elsewhere in the application package, the applicant must 
include in this report all the additional information required.
    Recipients must submit an update report for any change in 
previously disclosed sources and uses of funds as provided in 
Section I.D.5., above.
    General Instructions--sources of funds.
    Each reportable source of funds must indicate:
    A. The name and address, city, State, and zip code of the 
individual or entity making the assistance available. At least one 
organizational level below the agency name should be included. For 
example, U.S. Department of Transportation, U.S. Coast Guard; 
Department of Safety, Highway Patrol.
    b. The program name and any relevant identifying numbers, or 
other means of identification, for the assistance.
    C. The type of assistance (e.g., loan, grant, loan insurance).
    Specific instructions--sources of funds.
    (1) For programs administered by the Assistant Secretaries for 
Fair Housing and Equal Opportunity and Policy Development and 
Research, each source of funds must indicate the total amount 
approved and received; and must be listed in descending order 
according to the amount indicated.
    (2) For programs administered by the Assistant Secretaries for 
Housing--Federal Housing Commissioner, Community Planning and 
Development, and Public and Indian Housing, each source of funds 
must indicate the total amount of funds involved, and must be listed 
in descending order according to the amount indicated.
    (3) If Tax Credits are involved, the report must indicate all 
syndication proceeds and equity involved.
    General instructions--uses of funds.
    Each reportable use of funds must clearly identify the purpose 
to which they are to be put. Reasonable aggregations may be used, 
such as ``total structure'' to include a number of structural costs, 
such as roof, elevators, exterior masonry, etc.
    Specific instructions--uses of funds.
    (1) For programs administered by the Assistant Secretaries for 
Fair Housing and Equal Opportunity and Policy Development and 
Research, each use of funds must indicate the total amount of funds 
involved; must be broken down by amount committed, budgeted, and 
planned; and must be listed in descending order according to the 
amount indicated.
    (ii) For programs administered by the Assistant Secretaries for 
Housing-Federal Housing Commissioner, Community Planning and 
Development, and Public and Indian Housing, each use of funds must 
indicate the total amount of funds involved and must be listed in 
descending order according to the amount involved.
    (iii) If any program administered by the Assistant Secretary for 
Housing-Federal Housing Commissioner is involved, the report must 
indicate all uses paid from HUD sources and other sources, including 
syndication proceeds. Uses paid should include the following 
amounts.

AMPO
Architect's fee--design
Architect's fee--supervision
Bond premium
Buildre's general overhead
Builder's profit
Construction interest
Consultant fee
Contingency Reserve
Cost certification audit fee
FHA examination fee
FHA inspection fee
FHA MIP
Financing fee
FNMA/GNMA fee
General requirements
Insurance
Legal--construction
Legal--organization
Other fees
Purchase price
Supplemental management fund
Taxes
Title and recording Operating deficit reserve
Resident initiative fund
Syndication expenses
Working capital reserve
Total land improvement
Total structures

Uses paid from syndication must include the following amounts:

Additional acquisition price and expenses
Bridge loan interest
Development fee
Operating deficit reserve
Resident initiative fund
Syndication expenses
Working capital reserve
    Footnotes:
    1. All citations are to 24 CFR Part 12, which was published in 
the Federal Register on March 14, 1991 at 56 Fed. Reg. 11032.
    2. A list of the covered assistance programs can be found at 24 
CFR Sec. 12.30, or in the rules or administrative instructions 
governing the program involved.
      Note: The list of covered programs will be updated 
periodically.
    3. Assistance means any contract, grant, loan, cooperative 
agreement, or other form of assistance, including the insurance or 
guarantee of a loan or mortgage, that is provided with respect to a 
specific project or activity under a program administered by the 
Department. The term does not include contracts, such as 
procurements contracts, that are subject to the Federal Acquisition 
Regulation (FAR)(48 CFR Chapter 1).
    4. See 24 CFR Secs. 12.32(a) (2) and (3) for detailed guidance 
on how the threshold is calculated.
    5. ``Other government assistance'' is defined to include any 
loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, 
tax benefit, or any other form of direct or indirect assistance from 
the Federal government (other than that requested from HUD in the 
application), a State, or a unit of general local government, or any 
agency or instrumentality thereof, that is, or is expected to be 
made, available with respect to the project or activities for which 
the assistance is sought.
    6. For further guidance on the criterion, and for a list of 
covered programs, see 24 CFR Sec. 12.50.
    7. For purposes of Part 12, a person means an individual 
(including a consultant, lobbyist, or lawyer); corporation; company; 
association; authority; firm; partnership; society; State, unit of 
general local government, or other government entity, or agency 
thereof (including a public housing agency); Indian tribe; and any 
other organization or group of people.

[FR Doc. 6717 Filed 3-17-95; 8:45 am]----------------------------------
BILLING CODE 4210-01-M