27534 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

Subject, City, State Effective

Date

Dannels, Douglas Gale, Duuglasville, GA ............................................................................................................................................... 05/04/95

Davis-Wiese, Jacqueline S, Tempe, AZ .................................................................................................................................................. 05/04/95

Dewees, Randel K, Los Gatos, CA ......................................................................................................................................................... 05/04/95

Dinofer, Jeffrey S, Miami, FL ................................................................................................................................................................... 05/04/95

Etienne, Ivan Joseph, Miami, FL ............................................................................................................................................................. 05/04/95

Fair, Benny Jr, Fort Wayne, IN ............................................................................................................................................................... 05/04/95

Fine, Mitchell L, Delray Beach, FL .......................................................................................................................................................... 05/04/95

Foxworth, Raymond, Jackson, MS .......................................................................................................................................................... 05/04/95

Fuller, Martin C, Chicago, IL ................................................................................................................................................................... 05/04/95

Gelbard, Steven D, Coral Springs, FL .................................................................................................................................................... 05/09/95

Haggard, Joe R, Mapleton, UT ............................................................................................................................................................... 05/04/95

Holyway, Craig T, Detroit, MI .................................................................................................................................................................. 05/04/95

Howell, Richard W, Oklahoma City, OK .................................................................................................................................................. 05/09/95

Hudson, Donald L, St Johns, MI ............................................................................................................................................................. 05/04/95

Jasper, Charles S, San Rafael, CA ......................................................................................................................................................... 05/04/95

Lanzarotta, Suzette T, Grass Valley, CA ................................................................................................................................................ 05/04/95

Lee, John H, Port Arthur, TX ................................................................................................................................................................... 05/09/95

Luu, Kham Ngoc, Houston, TX ............................................................................................................................................................... 05/09/95

Marek, Michael L, Houston, TX ............................................................................................................................................................... 05/09/95

McKenzie, Janell T, Vincent, AL ............................................................................................................................................................. 05/04/95

McNair, Lawrence, Gulfport, MS ............................................................................................................................................................. 05/04/95

Melville, Carl J, Crestline, CA .................................................................................................................................................................. 05/04/95

Monahan, Michael L, Carlsbad, CA ........................................................................................................................................................ 05/04/95

Monbarren, John W, Lakewood, OH ....................................................................................................................................................... 05/04/95

Nugent, Richard E, Las Vegas, NV ......................................................................................................................................................... 05/04/95

Olson, Robert M III, Sierra Madre, CA .................................................................................................................................................... 05/04/95

Otto, David E, Willoughby, OH ................................................................................................................................................................ 05/04/95

Pearman, Darrell W, Oklahoma City, OK ................................................................................................................................................ 05/09/95

Pickett, Jan W, Colony, TX ..................................................................................................................................................................... 05/09/95

Platt, Caroline M, Portland, OR ............................................................................................................................................................... 05/04/95

Pryor, Cornelius M III, Los Angeles, CA ................................................................................................................................................. 05/04/95

Reischman, Grace A, Charlotte, NC ....................................................................................................................................................... 05/04/95

Reischman, Timothy J, Charlotte, NC ..................................................................................................................................................... 05/04/95

Rivera, Nelson E, Hartford, CT ............................................................................................................................................................... 05/04/95

Saunders, Robert D, Kingsport, TN ........................................................................................................................................................ 05/04/95

Scanlon, Mark J, Cincinnati, OH ............................................................................................................................................................. 05/04/95

Sensenig, Barry W, Boulder, CO ............................................................................................................................................................ 05/04/95

Seyfarth, Huey Augusta Jr, Baton Rouge, LA ........................................................................................................................................ 05/09/95

Shanefelter, Charles D III, Saratoga, CA ................................................................................................................................................ 05/04/95

Spogen, Frederick C III, Cocoa Beach, FL ............................................................................................................................................. 05/04/95

Stewart, Barry A, Knoxville, TN ............................................................................................................................................................... 05/04/95

Stiggers, Donald, Cleveland, OH ............................................................................................................................................................ 05/04/95

Tessmer, Jon F, Brownwood, TX ............................................................................................................................................................ 05/09/95

Thornton, James G, Nevada City, CA ..................................................................................................................................................... 05/04/95

Tucker, James A, Arlington, TX .............................................................................................................................................................. 05/09/95

Unruh, Steve L, Baytown, TX .................................................................................................................................................................. 05/09/95

Ward, William F III, Norristown, PA ......................................................................................................................................................... 05/09/95

Werrell, Sandra M, Mt Laurel, NJ ............................................................................................................................................................ 05/07/95

Whitaker, Gary W, San Antonio, TX ....................................................................................................................................................... 05/09/95

White, Jeffrey Richard, Chattaroy, WA ................................................................................................................................................... 05/04/95

Wiest, Gregory J, Baton Rouge, LA ........................................................................................................................................................ 05/09/95

Wiggins, William H III, Dunwoody, GA .................................................................................................................................................... 05/04/95

Williams, Joanne, Sherman Oaks, CA .................................................................................................................................................... 05/04/95

Section 1128Aa

Evans, Harry D, Gilmer, TX ..................................................................................................................................................................... 02/23/95

Home Bound Eyecare, Gilmer, TX .......................................................................................................................................................... 02/23/95

Dated: May 15, 1995.

William M. Libercci,

Director, Health Care Administrative

Sanctions, Office of Civil Fraud and

Administrative Adjudication.

[FR Doc. 95–12689 Filed 5–23–95; 8:45 am]

BILLING CODE 4150–04–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

[Docket No. N–95–1409; FR–2383–N–06]

Notice of Submission of Proposed

Information Collection to OMB

AGENCY: Office of the Secretary.

ACTION: Notice.

SUMMARY: The 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 requirements.

ADDRESSES: Interested persons are

invited to submit comments regarding
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27535

this proposal. Comments must be

received within ten (10) working 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,

SW., Washington, DC 20410, telephone

No. (202) 708–0050. This is not a tollfree number. Copies of the proposed

forms and other available documents

submitted to OMB may be obtained

from Ms. Weaver.

SUPPLEMENTARY INFORMATION: This

Notice informs the public that the

Department of Housing and Urban

Development has submitted to OMB, for

expedited processing, an information

collection package with respect to

Restrictions on Assistance to

Noncitizens final rule, published on

March 20, 1995.

The March 20, 1995 final rule

implements Section 214 of the Housing

and Community Development Act of

1980. This statute prohibits the

Department from making financial

assistance available to persons other

than United States citizens, nationals, or

certain categories of eligible noncitizens

in certain HUD programs.

The Department has submitted the

information collection package, as

described below, to OMB for review, as

required by the Paperwork Reduction

Act (44 U.S.C. Chapter 35):

(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 use;

(4) the agency form number, if

applicable;

(5) what members of the public will

be affected by the information collection

requirements;

(6) how frequently information

submission will be required;

(7) an estimate of the total number of

hours needed to prepare the information

submission including numbers of

respondents, frequency of response, and

hours of response;

(8) whether the requirements reflect a

new or an extension, reinstatement, or

revision of an information collection

requirement; and

(9) 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: May 8, 1995.

Nelson A. Dı ́az,

General Counsel.

Notice of Submission of Proposed

Information Collection to OMB

Proposal: Restrictions on Assistance

to Noncitizens (FR–2383).

Office: Secretary.

Discription of the Need For The

Information and Its Proposed Use: This

rule implements Section 214 of the

Housing and Community Development

Act of 1980, as amended. Section 214

prohibits HUD from making housing

assistance under certain covered

programs available to persons who are

not U.S. citizens, nationals, or eligible

noncitizens under the categories

specified in the statute.

Form Number: None.

Respondents: Individuals or

Households, Business or Other ForProfit, and State, Local, or Tribal

Government.

Reporting Burden:

No. of

respondents × Frequency ofresponse × hours perresponse = Burdenhours

Information collection ............................................................................. 3,030,547 varies varies 405,458

Total Estimated Burden Hours:

405,458.

Status: New.

Contract: Bruce Vincent (PIH), HUD,

(202) 708–0744; Linda Flister (Housing),

HUD, (202) 708–2300; Joseph F. Lackey,

Jr., OMB, (202) 395–7316.

Dated: May 8, 1995.

Supporting Statement for FR–2383—

Restrictions and Assistance to Noncitizens

A. Justification

1. This request for OMB approval seeks

clearance for information collections related

to the implementation of Section 214 of the

Housing and Community Development Act of

1980, as amended (42 U.S.C. 1436a), that

prohibits the Secretary of HUD from making

financial assistance available for the benefit

of any person, who is not a U.S. citizen,

national, or who is not a noncitizen of legal

immigration status under one of the six

categories of legal immigrant status specified

in the statute. (Attachment #1 is a copy of

Section 214.)

Implementation of Section 214 through

Issuance of Regulations. The March 20, 1995,

final rule implements Section 214 by adding

certain regulatory provisions to the HUD

existing regulations, listed below.

(Attachment #2 is a copy of the March 20,

1995 final rule.)

• 24 CFR part 200, 215 (the Rent

Supplement Program);

• 24 CFR part 200, 235 (Section 235

Program—Sec. 235 of the National Housing

Act);

• 24 CFR part 200, 236 (Section 236

Program—Sec. 236 of the National Housing

Act);

• 24 CFR part 812 (Section 8 Housing

Assistance Payments Program);

• 24 CFR part 950 (Indian Housing

Program) [Note: HUD’s Indian Housing

program was moved from part 905 to 950];

• 24 CFR part 912 (Public Housing

Program);

• Applicable conforming amendments (for

purposes of cross-referencing the Section 214

requirements contained in the above listed

parts) were made to several other parts: 247,

850, 880, 881, 882, 883, 883, 886, 887, 900,

904 and 960.

The Information Collection Requirements

in the March 20, 1995 final rule. The majority

of the information collection requirements

contained in the March 20, 1995 final rule

flow directly from the statute. The statute

specifies a declaration shall be submitted by

each individual family member, and that

alien registration documentation must be

submitted for those individuals that indicate

legal immigration status. Additionally, the

statute provides for certain procedures such

as an INS appeal process, a hearing process

provided by the owner or housing authority

that necessitate appropriate notices to the

individual advising of the availability of

processes. The statute also provides for

certain actions to occur if immigration status

is not confirmed (i.e., denial or termination

of assistance) which also, for due process

considerations, necessitate certain notices to

provide fair notice of the possibility of these

occurrences.

2. The following provides information on

the frequency of the submission of

information collection requirements.

• Notice to applicants and tenants of

requirements of Section 214. The rule

provides that notification of the requirements

of Section 214 must be given to each

applicant at the time of application for

assistance, and to each tenant at the time of,

and together with, any notice of regular

reexamination of tenant income, but not later

than one year following the effective date of

the final rule.

• The notice is intended to facilitate the

implementation of Section 214 and to ensure

that applicants are not passed over for

admission because they did not have

sufficient knowledge of this new admission

procedure and sufficient time to obtain
27536 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

evidence of their eligible immigration status,

when applicable.

• For applicants whose applications are

pending, the final rule provides that

notification must be given as soon as

possible, but leaves precise timing to the

discretion of the housing authority or project

owner.

• Again, for existing tenants, the rule

provides that notice be given when the

housing authority or project owner gives

notice of its up-coming reexamination of

income. Generally, housing authorities and

project owners provide notice to tenants that

a reexamination is about to occur.

• Accordingly, no new times are

established for notification of the

requirements of Section 214 that are different

from those periods when the housing

authority or project owner would otherwise

provide notice to the applicant or tenant or

certain important information. (See

§§ 200.183(f)(1), 812.6(f)(1), 912.6(f)(1) and

950.310(g)(1).)

• The information that needs to be

included in the notice is described in the

regulation. (See §§ 200.183(f)(2), 812.6(f)(2),

912.6(f)(2), and 950.310(g)(2).) However, no

specific form is required, but model notices

will be provided.

• Declaration of citizenship or eligible

immigration status. Section 214(d)(1)(A)

requires that applicants and tenants for HUD

housing assistance programs covered by

Section 214 must submit a declaration signed

under penalty of perjury, in which individual

indicates that he or she is a citizen or

noncitizen with eligible immigration status.

(See §§ 200.183(c), 812.6(c), 912.6(c), and

950.310(e)(3).)

• Every member of an applicant or tenant

family must submit this document. An adult

member of the family must execute this form

on behalf of any children.

• The declaration need only be executed

and submitted one time.

• No specific form of declaration is

prescribed, but model language will be made

available. The declaration may be

incorporated as part of the application for

housing assistance. (See §§ 200.183(c)(2),

812.6(c)(2), 912.6(c)(2), and 950.310(e)(3).)

• No declaration necessary if individual is

not a citizen or does not of eligible

immigration status. The March 20, 1995 final

rule provides if one or more members of a

family elect not to contend that they have

eligible immigration status if other members

of the family establish their citizenship or

eligible immigration status. (see

§§ 200.183(e), 812.6(e), 912.6(e), and

950.310(f).

• Section 214(c)(1)(A) provides that for

existing tenants ‘‘continued assistance’’ is

available if the head of the household or

spouse is a U.S. citizen, national, or has

eligible immigration status (as specified in

Section 214). The regulatory provision

permitting individuals to elect not to declare

in certain situations should reduce the

information collection requirements and

processing requirements.

• Verification consent form. Section

214(d)(3) requires that those individuals who

declare eligible immigration status, must

have their status verified with the INS.

Accordingly, so that these individuals will

know that verification will be undertaken,

the rule provides for a verification consent

form to be signed by each noncitizen who

declares eligible immigration status. (See

§§ 200.183(d), 812.6(d), 912.6(d),

950.310(e)(4).) The consent form puts the

family member on notice that his

immigration status will be confirmed with

INS.

Only members of a family who declares

eligible immigration status must execute the

verification consent form.

No specific form is prescribed, but model

language will be made available.

• Proof of age. Section 214(d)(2)(A)

provides that for noncitizens who are 62

years of age or older and receiving assistance

under a Section 214 covered program on June

19, 1995 [the effective date of the final rule],

in addition to a declaration the 62-year or

older noncitizen may submit proof of age in

lieu of submission of documents that

evidence immigration status. (See

§§ 200.813(b)(92)(ii), 812.6(b)(2)(ii),

912.6(b)(2)(ii), and 950.310(e)(2)(ii)(B).)

Only members of families who are existing

tenants and who declare eligible immigration

status and are 62 years of age or older must

submit proof of age.

Types of documents that constitute proof

of age are not prescribed in the rule. Since

there is no prescribed list of acceptable

documentation, it is anticipated that this

burden should be minimal, and less

burdensome for elderly persons than

submission of immigration documents.

• Evidence of immigration status. Section

214 (d)(2)(A) requires that persons who

declare that they are noncitizens with eligible

immigration status must submit acceptable

evidence of eligible immigration status. In

accordance with INS requirements, the rule

specifies which documents constitute

acceptable evidence of immigration status.

(See §§ 200.184, 812.7, 912.7, 950.310 (k)(2).

Only individuals who declare eligible

immigration status (and are not existing

tenants who are 62 years of age or older)

must submit evidence of immigration status.

Evidence of immigration status need only

be submitted one time, unless the

individual’s status changes, and the

individual wants the housing authority’s or

project owner’s record to reflect the changed

immigration status.

The applicant or tenant noncitizen must

submit the original documents, but they will

be photocopied and returned by the project

owner or housing authority. Note these are

documents that already should be in the

possession of the individual, and therefore

there should be minimal burden associated

with this requirement.

One-time submission of immigration

documents. For each family member,

evidence of immigration status is required to

be submitted only one time during

continuously assisted occupancy under any

covered program.

• Notice extending time to submit

documentation, or denying extended time to

submit documentation. Section 214(d)(4)(A)

requires that individuals must be given a

reasonable opportunity to submit

documentation if they submit the declaration

required by Section 214. The rule provides

consistent with Section 214 that project

owners and housing authorities grant a

reasonable extension. The period is to be

determined by the project owner or housing

authority, and must be definite in time (i.e.,

cannot be for an indefinite period). To avoid

any difference of opinion concerning if in

fact an extension was granted, the extension

must be in writing. (See §§ 200.183(h),

812.6(h), 912.6(h) and 950.310(i).)

No specific form of notice is prescribed.

• Primary verification through SAVE

system. The housing authority and project

owner must verify with INS the immigration

status of the applicant or tenant who declares

eligible immigration status. This is done

through means of an automated system that

provides access to alien names, file an

admission numbers (generally through a

computer or touch tone telephone).

Immigration status will be verified at the

time of application for applicants, and at the

time of the first annual reexamination for

existing tenants. The time involved in

making the primary verification is

anticipated to be minimal.

• Secondary verification through manual

search. If the primary verification fails to

confirm eligible immigration status, then the

housing authority or project owner requests

the INS to conduct a manual search.

• Notice when secondary verification fails

to confirm immigration status. If secondary

verification (the manual search that follows

the automated primary verification which

fails to confirm immigration status) fails to

confirm immigration status, the housing

authority or project owner must issue a

notice to the family advising that

immigration status was not confirmed by INS

records. (See §§ 200.185(c)(3), 812.8(c)(3),

912.8(c)(3), and 950.310(1)(3)(iii).)

No specific form or notice is prescribed.

Note that the notice required under these

regulatory sections is the same as that

required under the provisions described in

the following paragraph 8 in the supporting

statement.

• Notice of denial or termination of

assistance. If the family fails to produce the

immigration documents within a reasonable

period, including any extension thereof, or if

the immigration status is not concerned, the

housing authority and project owner must

issue a notice to the family that puts them

on notice of the possibility of denial or

termination of assistance, and advises them

of their rights and responsibilities. (See

§§ 200.186(d), 812.9(d), 912.9(d) and

950.310(m)(4).)

The information to be included in the

notice is set forth in the rule, but no specific

form of notice is prescribed.

• Temporary deferral of termination of

assistance—notification requirements

connected with deferral of termination of

assistance. Section 214(c)(1)(B) provides that

a housing authority or project owner may

defer termination of financial assistance if

necessary to permit the orderly transition of

the family (that is determined ineligible

under Section 214 for HUD financial

assistance) to other affordable housing. The

deferral may be up to a period for three years,

and is available in increments of six month
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27537

periods. Section 214(c)(1)(B) requires that ‘‘at

the beginning of each deferral period,’’ the

housing authority or project owner shall

inform the family of their ineligibility for

financial assistance and offer assistance in

finding other affordable housing.

The notification required by Section

214(c)(1)(B) and the ways in which assistance

may be offered (also required by Section

214(c)(1)(B) reflected in the rule (see

§§ 200.187(c), 812.10(d), 912.10(d), and

950.310(r)(3).)

• Proration of assistance. For mixed

families, the final rule provides for housing

authorities and project owners to prorate

assistance, that is determine rental subsidy

on the basis of the number of family members

that are eligible for assistance. The formula

for determining proration is set forth in the

statute. (See §§ 200.188, 812.11, 912.11 and

950.310(s).)

Paperwork Matrix contained in August 25,

1994 Proposed Rule

The following duplicates the paperwork

matrix that was contained in the published

August 25,1994 proposed rule.

TABULATION OF ANNUAL REPORTING BURDEN NONCITIZENS RULE—RESTRICTION ON ASSISTANCE TO NONCITIZENS

Description of information collectionSection of 24 CFR affectedNo. of respondents

No. of responses per

respondent

Total annual

responses

Hours per responses Total hours

Notification to tenants and applicants in Public & Indian

Housing.

905.310(g) 912.6 ....... 3,300 700 2,310,000 .01 .......................... 23,100

Denials, terminations, extensions, deferrals.905.310(m)(4), (r)

912.9, 912.10.

3,300 19 62,700 .10 (6 minutes) ....... 6,270

Notification and verification,

denial, termination in section 8.

812.6, 812.9, 912.10 . 2,470,777 1 2,470,777 .05 (3 minutes) ....... 123,539

Notification and verification,

denial, termination in FHA

subsidized.

200.183, 200.186

200.187, 235.13.

412,315 1 412,315 .05 .......................... 20,616

Extensions .............................. 812.6(h), 200.183(h) .. 144,155 1 144,155 .16 .......................... 23,065 (10 min.)

Recordkeeping—Public and

Indian Housing.

905.310(q), 912.9(h) .. 3,300 761 2,511,300 .01 .......................... 25,113

Recordkeeping in section 8 .... 812.9(h) ..................... 2,470,777 1 2,470,777 .05 .......................... 125,539

Recordkeeping in FHA subsidized.200.186(h) 235.13 ..... 412,315 1 412,315 .05 .......................... 20,616

Total Annual Burden ....... .................................... ................... ................... ................... ................................ 405,458

3. Information Technology. INS’s

Systematic Alien Verification Entitlement

(SAVE) is an automatic system that should

reduce the verification burden on responsible

entities. This system can be operated by a

touch-tone telephone or computer. This

technology allows the housing authority or

project owner to confirm the immigration

status of an individual without the necessity

for substantial paperwork.

4. Minimizing Duplication. While HUD has

attempted to reduce the frequency of

verifying immigration status (see the

response to #2 above) by requiring only a

one-time verification and by providing that

verification of immigration status should

occur when all other verifications occur,

unfortunately, no other documents or system

currently exist that will verify immigration

status other than as set forth in the rule. This

is the first time that housing authorities and

project owners are being asked to verify

immigration status.

5. No Significant Impact on a Substantial

Number of Small Entities. As stated in both

HUD’s proposed rule (59 FR 43916) and final

rule (60 FR 14823), HUD maintains that there

is no significant impact on a substantial

number of small entities.

6. Consequences if Information Collection

is Not Conducted. If the information is

collected as required by the rule, the

consequence will be that persons who are not

here legally in the United States or who do

not meet one of the six immigration

categories specified in the status will receive

scarce housing resources.

7. Special Circumstances that Require

Collection to be Made Inconsistent with 5

CFR 1320.6. None.

8. Consultation with Persons Outside the

Agency. No formal consultation was

undertaken. INS provided HUD with copies

of its SAVE manual that HUD followed in

describing the SAVE verification systems in

the rule. Through its proposed rule, HUD

received comments from housing authorities

and project owners on data collection,

frequency of collection, etc. These comments

were taken into consideration in the

development of the final rule.

9. Assurance of Confidentiality. INS’s

SAVE system carries its own protective

measures. HUD’s rule provides that

individuals asked to submit evidence of

immigration status shall be advised that this

evidence will only be released to INS for

purposes of establishing eligibility for

financial assistance and not for any other

purpose. (See §§ 200.183(d)(3), 812.6(d)(3),

912.6(d)(3), 950.310(e)(3)(iii).).

10. Questions of a Sensitive Nature. The

only information required of a sensitive

nature is citizenship/immigration status. This

information is required by statute. No other

sensitive information is sought under this

rule.

11. Estimates of Annualized Costs to the

Federal Government. The statute provides

that HUD is to pay each public housing

agency or other entity an amount equal to

100 percent of the costs incurred in

implementing and operating an immigration

verification system. At this point in time,

before implementation, it is difficult to

estimate the cost. Because HUD believes that

the percentage of illegal aliens who have

access to HUD housing assistance is minimal,

and because of the technology involved

(technology which can be operated through

use of a touch tone telephone), the cost is not

anticipated to be substantial. Any cost to

respondent (housing authority or project

manager) is assumed to be covered within the

basic application, verification and

reexamination processes of each of the

programs covered by this rule.

12. Provide Estimates of Burden Hours.

Please see matrix that is provided in the

response to number 2.

13. Amendments to Existing Collections.

Not applicable.

14. Publication of Results. Not applicable.

Summary. HUD believes that the

administrative burden imposed by

implementation of Section 214 will not be

substantial. Although tracking of citizenship

and noncitizenship status has not been

undertaken to date, HUD believes that the

number of noncitizens with ineligible

immigration status residing in HUD public

housing or assisted housing is low. HUD

bases this belief on the fact that waiting for

HUD housing assistance can take several

years, the paperwork, to the completed to

obtain HUD housing assistance is not

insignificant, and citizenship and

noncitizenship verification is already

undertaken with other forms of Federal

benefits (e.g., food stamps, Aid to families

forms of Federal benefits (e.g., food stamps,

Aid to Families with Dependent children),

and frequently families for HUD housing

assistance also will be recipients of other

forms of benefits.
27538 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

HUD believes that the burden on housing

authorities and project owners will not be

onerous for the reason set forth above, and

also because documentation of citizenship or

noncitizenship status is similar to and can be

undertaken at the same time as determination

of income eligibility. Additionally the house

authority and project owner is not required

to assist the family in obtaining evidence or

to determine the validity of the evidence

submitted.

For family members, the burden should be

minimal because for citizens only a

declaration is required. For noncitizens with

eligible immigration status, such noncitizens

should have with them their evidence of

eligible immigration status.

[FR Doc. 95–12714 Filed 5–23–95; 8:45 am]

BILLING CODE 4210–32–M

[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.

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 tollfree 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, HUDapproved 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