Certification of Tribal Housing Counselors, 4923-4928 [2023-01345]
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submitted on behalf of an association,
business, labor union, etc.). For
information on DOT’s compliance with
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Docket: For access to the docket to
read background documents and
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FOR FURTHER INFORMATION CONTACT:
Ryan Patanaphan or Blane Workie,
Office of Aviation Consumer Protection,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, Washington, DC
20590, 202–366–9342 (phone),
ryan.patanaphan@dot.gov or
blane.workie@dot.gov (email).
SUPPLEMENTARY INFORMATION: On
September 26, 2022, the Department of
Transportation (DOT or Department)
publicly announced and posted to its
website a notice of proposed rulemaking
(NPRM) that proposed several
disclosure requirements to enhance the
transparency of ancillary service fees
that consumers pay for when they
purchase airline tickets. (See 87 FR
63718; October 20, 2022). In the NPRM,
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transactability of such seating fees. The
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The NPRM initially provided for a
comment period of 60 days after
publication of the NPRM in the Federal
Register, i.e., December 19, 2022.
During this time, the Aviation
Consumer Protection Advisory
Committee (ACPAC) met on December
8, 2022 and heard from Department staff
and various stakeholders on the
proposed rule. The ACPAC meeting was
open to the public. The Department
received requests for an extension of the
comment period from several
commenters.1 In response to those
1 Commenters requesting additional time for
comment were Airlines for America, the
International Air Transportation Association, the
Travel Technology Association, the American
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requests, and to provide additional time
for stakeholders to conduct a thorough
review of the NPRM’s potential impacts,
the Department extended the comment
period by 35 days to January 23, 2023.
(See 87 FR 77765 (Dec. 20, 2022).
During the extended comment period,
the ACPAC met again on January 12,
2023 to deliberate and vote on
recommendations in connection with
the NPRM’s proposals. The ACPAC
meeting was again open to the public.
On January 18, 2023, the Travel
Technology Association (Travel Tech)
requested an extension to file comments
on the NPRM, writing that commenters
would not have a sufficient opportunity
to review and respond to the ACPAC’s
recommendations that resulted from its
January 12 meeting.2 Travel Tech asserts
that it and others were not able to view
the meeting when it occurred, and that,
at the time the organization requested
an extension, the meeting materials had
not yet been posted to the public docket.
Travel Tech requested a two-week
extension to February 6, 2023, to file
comments.
While materials from the ACPAC’s
January 12 meeting, including a video
recording of the full meeting, have been
posted publicly and can be viewed on
the Department’s website or on
regulations.gov (Docket DOT–OST–
2018–0190), the meeting was publicly
viewable on the date it was held.
Stakeholders were provided sufficient
notice of the meeting in advance, and
the Federal Register notice announcing
the meeting noted that the ACPAC
intended to deliberate and decide on
recommendations, if any, regarding
ancillary fee transparency.3 Indeed,
Travel Tech was aware that the ACPAC
would meet on January 12 to deliberate
and decide on recommendations, if any,
regarding this rulemaking. Moreover,
the Department believes members of the
public have had sufficient time, nearly
4 months, to consider the proposed rule
and to file comments. In light of the
foregoing, the Department finds
insufficient basis to extend further the
comment period for the Enhancing
Transparency of Airline Ancillary
Service Fees NPRM. As such, the
Department denies Travel Tech’s
request for an extension to file
comments in this rulemaking. The
Society of Travel Advisors, and the Global Business
Travel Association.
2 https://www.regulations.gov/comment/DOTOST-2022-0109-0068.
3 A meeting notice was published in late
December 2022 both on the Department’s website
and at regulations.gov. See https://
www.transportation.gov/airconsumer/latest-news
and https://www.regulations.gov/document/DOTOST-2018-0190-0087.
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Department’s denial notwithstanding,
commenters are reminded that late-filed
comments will be considered to the
extent practicable.
Signed in Washington, DC, on or around
this 20th day of January 2023, under
authority delegated at 49 U.S.C. 1.27n.
John E. Putnam,
General Counsel.
[FR Doc. 2023–01517 Filed 1–25–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 214, 1000, and 1003
[Docket No. FR–6322–P–01]
RIN 2502–AJ64
Certification of Tribal Housing
Counselors
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD); Office
of the Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Proposed rule.
AGENCY:
HUD’s Housing Counseling
Program provides, through HUDapproved counseling agencies and State
housing finance agencies, counseling to
individuals seeking information about
financing, maintaining, renting, or
owning a home. The Dodd-Frank Wall
Street Reform and Consumer Protection
Act amended the Housing and Urban
Development Act of 1968 to improve the
effectiveness of the housing counseling
program by, among other things,
requiring that entities and individual
counselors be certified by HUD as
competent to provide such counseling
services. In 2016, HUD implemented
these requirements for most HUD
programs but agreed to conduct
consultation with Tribes before
implementing the new housing
counselor certification requirement for
Tribes. After consulting with Tribes,
HUD proposes a housing counselor
certification option for employees of
Tribes, Tribally Designated Housing
Entities (TDHE), and other Tribal
entities conducting housing counseling
required or provided in connection with
the Indian Housing Block Grant (IHBG)
and the Indian Community
Development Block Grant (ICDBG)
programs. The proposed rule provides
an alternative regulatory standard for
compliance with the Dodd-Frank Act’s
counselor certification requirement that
recognizes Tribal sovereignty and selfdetermination, and accounts for the
SUMMARY:
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unique status of Tribal land and housing
programs in Indian Country.
DATES: Comment due date: March 27,
2023.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW, Room
10276, Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW, Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov website can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as
public comments, comments must be
submitted through one of the two
methods specified above. Again, all
submissions must refer to the docket
number and title of this proposed rule.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public
3. Inspection of Public Comments. All
properly submitted comments and
communications submitted to HUD will
be available for public inspection and
copying between 8 a.m. and 5 p.m.,
weekdays, at the above address. Due to
security measures at the HUD
Headquarters building, an appointment
to review the public comments must be
scheduled in advance by calling the
Regulations Division at 202–708–3055
(this is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
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disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
Copies of all comments submitted are
available for inspection and
downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
David Valdez, Office of Housing
Counseling, Office of Housing,
Department of Housing and Urban
Development, 1331 Lamar St. Suite 550,
Houston, TX 77002; telephone number
713–718–3178 (this is not a toll-free
number). HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION:
I. Background
In 2010, the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Pub. L. 111–203, 124 Stat. 1376,
approved July 21, 2010) amended
section 106 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701x), hereinafter referred to as section
106, established the Office of Housing
Counseling (OHC) and directed HUD to
issue regulations necessary to carry out
the testing and certification of housing
counselors in HUD programs. The
section 106 amendments require that
individuals providing housing
counseling required under or provided
in connection with HUD programs be
certified by taking and passing an
examination administered by HUD’s
Office of Housing Counseling (HUD
certified housing counselors) (12 U.S.C.
1701x(e)).
A. HUD’s Current Certification
Requirement
On December 14, 2016, HUD
published a final rule implementing the
section 106 certification requirements,
including the requirement that, as
explained in the rule preamble,
‘‘‘housing counseling’ . . . that is
‘required by or in connection with’ HUD
programs, may only be provided by
HUD-certified housing counselors
working for HUD-approved [housing
counseling agencies] that are approved
to provide such housing counseling by
HUD’s Office of Housing Counseling.’’
See 81 FR 90632. However, the
certification final rule stated that the
application of section 106 to HUD’s
Native American Housing Programs
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would undergo consultation prior to
implementation, pursuant to HUD’s
Government-to-Government Tribal
Consultation Policy. As a result, the
counselor certification requirement
currently applies to all HUD programs
except the IHBG and ICDBG programs.
HUD-approved housing counseling
agencies must be (1) nonprofit
organizations as described under section
501(c) of the Internal Revenue Code of
1986 (IRC) that are exempt from taxation
under section 501(a) of the IRC; and (2)
approved by HUD, in accordance with
24 CFR part 214 and section 106(e) of
the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x(e)), to
provide housing counseling services to
clients directly, or through their
affiliates or branches. To become a
certified housing counselor, one must be
employed by a participating agency,
including a HUD-approved housing
counseling agency or a unit of State or
local government, and pass a
standardized, written housing
counseling certification examination to
demonstrate competency in the
following areas: (1) Financial
management; (2) property maintenance;
(3) responsibilities of homeownership
and tenancy; (4) fair housing laws and
requirements; (5) housing affordability;
and (6) avoidance of, and response to,
rental or mortgage delinquency and
avoidance of eviction or mortgage
default. 24 CFR 214.103(n).
Today, only a small number of Tribal
entities participate in HUD’s housing
counseling program. These Tribal
entities have been recognized as unit of
local, county, or state government or
have formed a tax-exempt non-profit
organization and applied to be a HUDapproved housing counseling agency
and employ housing counselors directly
to provide the counseling required
under HUD programs. Most Tribes,
TDHEs, and Tribal entities, however,
remain ineligible to become HUDapproved housing counseling agencies.
As such, Tribes are generally not
eligible to receive HUD housing
counseling grants.
B. Tribal Consultation
In 2021, HUD hosted two virtual
Tribal consultations and six listening
sessions to obtain feedback on the
implementation of the counselor
certification requirements as it applies
to the IHBG and ICDGB programs.
During HUD consultation sessions,
Tribes raised concerns regarding a
perceived lack of consideration for
Tribal sovereignty and expressed
concerns with applying the HUD
housing counselor certification
requirements to Tribes. Tribes also
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described the unique housing services
needed in their communities and their
need to self-determine their housing
priorities based on local needs.
Another area of concern raised by the
Tribes was the irrelevancy of some
questions and lack of important content
in the current counselor certification
exam. For example, counseling on
Tribal land requires knowledge of
unique property and administrative
requirements that apply to trust land
and other restricted Tribal lands held in
trust by the Department of the Interior.
Similarly, civil rights laws pursuant to
statutes like the Native American
Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C.
4101 et seq.) (NAHASDA), which
authorizes the IHBG program and the
Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.)
(HCDA), which authorizes the ICDBG
program, do not apply to Tribes in the
manner in which they do for other HUD
program participants, and current test
requirements do not reflect the unique
way that civil rights requirements apply
to Tribes and other Tribal grantees
under HUD programs.
To account for these issues, Tribes
suggested HUD allow them to use
another organization’s Native American
counseling training and exam
certification (e.g., Pathways,
NeighborWorks, etc.) or, in the
alternative, for HUD to create a tailored
Tribal counselor certification exam.
Tribes also raised concerns with having
to meet the requirements of the housing
counseling program. Importantly, Tribes
anticipated difficulty meeting threshold
eligibility criteria such as being a taxexempt nonprofit organization as
described in IRC 501(c), and other
requirements such as minimum number
of clients served, maintaining facilities,
work plan and geographic scope
descriptions, professional experience,
and recordkeeping and reporting. Tribes
cited the unique nature of conducting
Tribal counseling with limited financial
and human capital resources that often
lack adequate communication and
physical infrastructure and the lack of
availability of housing counselors in
remote areas. To address these concerns,
HUD was asked to exempt Tribes,
TDHEs, and Tribal entities from
compulsory participation in the existing
housing counseling program unless the
entities also provide housing counseling
under, or in connection with, other
HUD programs (programs other than
IHBG and ICDBG).
II. This Proposed Rule
As required by the Dodd-Frank Act
and after consultation with Tribes, HUD
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proposes to implement the certification
requirements for Tribes, TDHEs, and
other Tribal entities conducting housing
counseling required or provided in
connection with the IHBG and ICDBG
programs. Housing Counseling is
independent, expert advice customized
to the need of the consumer to address
the consumer’s housing barriers and to
help achieve their housing goals and
must include the following processes:
intake; financial and housing
affordability analysis; an action plan,
except for reverse mortgage counseling;
and a reasonable effort to have followup communication with the client when
possible. HUD believes this proposed
rule implements counselor certification
for IHBG and ICDBG, two Native
American programs, in a way that
considers the substantial Tribal
feedback provided by Tribes during
consultation while also still complying
with the requirement in the Dodd-Frank
Act that counseling conducted under
the IHBG and ICDBG programs be
carried out by HUD-certified counselors.
A. Tribal Housing Counseling
Certification
This proposed rule would amend 24
CFR part 214 by adding a new subpart
F to establish certification requirements
that apply only for the IHBG and ICDBG
programs. Specifically, for counseling
‘‘required by or in connection with’’ the
IHBG and ICDBG programs, an
individual may become a ‘‘HUDcertified housing counselor’’ by working
for a participating agency and meeting
all requirements of part 214, including
passing a housing counseling
certification examination under
§ 214.103(n), or, by working for an
Indian tribe, TDHE, or other Tribal
entity, and passing a housing counseling
certification examination under
paragraph (c) of the new § 214.6
(subpart F). The housing counseling
certification examination under
§ 214.6(c) will be the housing
counseling certification examination
under § 214.103(n) with adjustments to
certain exam components for tribes in a
manner that comports with section
106(e)(2). Under § 214.6(d), if an
individual working for an Indian tribe,
TDHE, or other Tribal entity provides
housing counseling for other HUD
programs, however, that individual
would still need to comply with the
existing housing counseling certification
requirement of 24 CFR 214.103(n) (e.g.,
pass the examination and work for a
HUD-approved housing counseling
agency).
With respect to any housing counselor
that is providing housing counseling
required by or in connection with the
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IHBG and ICDBG programs and qualifies
to do so based on the criterion in
proposed 24 CFR 214.600(b)(1), HUD
strongly recommends additional
training. Such training should help the
counselor become knowledgeable of
Federal Indian law, the unique status of
trust land, the role of the Bureau of
Indian Affairs in mortgage and realtyrelated transactions and matters, the
role played by Indian tribes to grant
leases on trust land, and more.
Section 106 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701x) in relevant part requires that the
housing counselor demonstrate
competence through a written
examination showing competency in
‘‘fair housing laws and requirements.’’
12 U.S.C. 1701x(e)(2)(D). Section
201(b)(6) of NAHASDA states that Title
VI of the Civil Rights Act of 1964, and
the Fair Housing Act ‘‘shall not apply to
actions by federally recognized tribes
and the tribally designated housing
entities of those tribes under this Act.’’
The regulations at 24 CFR 1000.12 and
1003.601 state which nondiscrimination
requirements apply to the IHBG and
ICDBG programs, respectively. The
housing counseling examination
required under the new subpart F will
account for this distinction of fair
housing laws pertaining to Tribes. The
examination will also be appropriately
tailored to reflect the unique status of
trust land.
HUD recognizes that costs will be
incurred as a result of the written
examination requirement. In the past,
HUD has been able to present the
examination in the most cost-efficient
way feasible and offered both on-line
and in-person examinations at a low
cost. In addition, HUD has offered free
study materials for individuals to use in
preparation for the examination. HUD
will seek to modify these materials to
account for any tailored exam
components that it develops to
implement this rule.
B. New Definitions in § 214.3 and a New
§ 214.600
To conform to the change in the new
subpart F, this proposed rule would
amend the definition of ‘‘HUD certified
housing counselor’’ at § 214.3. Under
the current definition, certification
requires passing the HUD Certification
exam and working for a participating
housing counseling agency. Given the
proposal to expand a certified counselor
to include one who is certified by HUD
as competent to provide housing
counseling services pursuant to the new
§ 214.600, this definition would include
that additional process for becoming a
certified housing counselor. This
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proposed rule would also add a
definition of ‘‘tribally designated
housing entity’’ at § 214.3 to codify the
statutory definition at 25 U.S.C. 4103 in
HUD’s housing counseling regulations.
C. IHBG Housing Counseling Requires
HUD Certification
This proposed rule would amend
IHBG program regulations by adding
§ 1000.66 to require that housing
counseling, as defined in 24 CFR 5.100,
that is funded with or provided in
connection with IHBG funds must be
carried out in accordance with 24 CFR
5.111. In addition, this paragraph would
provide that housing counseling
conducted in connection with the IHBG
program may only be conducted by
individuals who are HUD-certified in
accordance with 24 CFR part 214,
including the new requirements
promulgated by this proposed rule at
§ 214.3 and the new § 214.600.
D. ICDBG Housing Counseling Requires
HUD Certification
This proposed rule would amend
ICDBG program regulations by adding
§ 1003.609 to require that housing
counseling, as defined in 24 CFR 5.100,
that is funded with or provided in
connection with ICDBG funds must be
carried out in accordance with 24 CFR
5.111. In addition, this paragraph would
provide that housing counseling
conducted in connection with the
ICDBG program may only be conducted
by individuals who are HUD-certified in
accordance with 24 CFR part 214,
including the new requirements
promulgated by this proposed rule at
§ 214.3 and the new § 214.600.
III. Findings and Certifications
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Regulatory Review—Executive Orders
12866 and 13563
Under Executive Order 12866
(Regulatory Planning and Review), a
determination must be made whether a
regulatory action is significant and,
therefore, subject to review by the Office
of Management and Budget (OMB) in
accordance with the requirements of the
order. Executive Order 13563
(Improving Regulations and Regulatory
Review) directs executive agencies to
analyze regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned.’’ Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
identify and consider regulatory
approaches that reduce burdens and
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maintain flexibility and freedom of
choice for the public.
HUD’s Housing Counseling Program
provides, through HUD-approved
counseling agencies and state housing
finance agencies, counseling to
individuals seeking information about
financing, maintaining, renting, or
owning a home. In 2010, the DoddFrank Wall Street Reform and Consumer
Protection Act, Public Law 111–203
(‘‘Dodd-Frank Act’’), amended section
106 of the Housing and Urban
Development Act of 1968, 12 U.S.C.
1701x, to improve the effectiveness of
the housing counseling program by,
among other things, requiring that
entities and individual counselors be
certified by HUD as competent to
provide such counseling services. In
2016, HUD published a final rule
implementing these requirements for
most HUD programs but agreed to
conduct consultation with Tribes before
applying the new housing counselor
certification requirement to HUD’s
Native American Housing Programs,
pursuant to HUD’s Government-toGovernment Tribal Consultation Policy.
As a result, the counselor certification
requirement currently applies to all
HUD programs except the Indian
Housing Block Grant (IHBG) and Indian
Community Development Block Grant
(ICDBG) programs.
HUD consulted with Tribes in 2021 in
accordance with HUD’s Government-toGovernment Tribal Consultation Policy
and the January 26, 2021, Presidential
Memorandum on Tribal Consultation
and Strengthening Nation-to-Nation
Relationships. As a result of this Tribal
consultation, HUD is proposing a more
streamlined housing counselor
certification option for employees of
Tribes, Tribally Designated Housing
Entities (TDHE), and other Tribal
entities conducting housing counseling
required or provided in connection with
the IHBG and ICDBG programs. The
proposed rule would amend HUD’s
existing Housing Counseling Program
regulations at 24 CFR part 214 to allow
the relatively small number of 435 IHBG
and ICDBG grantees in total to either use
an existing HUD-approved housing
counseling agency or to have an
employee complete the housing
counseling certification examination
that is currently required of all
counselors at HUD-approved housing
counseling agencies. The proposed rule
would similarly amend the IHBG and
ICDBG program regulations at
§§ 1000.66 and 1003.609 to require that
housing counseling that is funded with
or provided in connection with IHBG or
ICDBG funds be carried out in
accordance with existing § 5.111, and
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that housing counseling for these
programs may only be conducted by
individuals certified in accordance with
24 CFR part 214.
This proposed rule brings HUD’s
IHBG and ICDBG Programs into
compliance with the section 106
statutory requirements, which were
added by the Dodd-Frank Act and have
applied to other HUD programs since
2016. This proposed rule would provide
a streamlined compliance option
consistent with the statutory
requirement and responsive to tribal
consultation. This rule was not subject
to OMB review. This rule is not a
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866, and is not an economically
significant regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), generally requires
an agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. This proposed
rule would revise the regulations
governing HUD’s Housing Counseling
Program to reflect changes to the
program made by the Dodd-Frank Act,
primarily the requirement that housing
counseling required under or provided
in connection with all HUD programs,
including the IHBG and ICDBG
programs, be carried out by certified
housing counselors.
As discussed in this preamble, to
date, HUD’s Housing Counseling
Program, under 24 CFR part 214, has not
approved certification criteria for
Tribes, TDHEs, and Tribal entities
conducting housing counseling
exclusively funded under or in
connection with the IHBG and ICDBG
programs. The key change made to the
Housing Counseling Program by this
proposed rule is the requirement to
certify counselors providing counseling
funded under or in connection with
these two programs.
HUD has determined that the
requirement for individual counselors to
be certified, as proposed to be
implemented by this proposed rule, will
not have a significant economic impact
on small entities. The rule provides a
three-year transition period after the
effective date of the final rule for
individual counselors to be certified.
This three-year period provides ample
notice of the need to be skilled in the
required areas. Notwithstanding HUD’s
determination that this proposed rule
will not have a significant economic
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Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
impact on a substantial number of small
entities, HUD specifically invites
comments regarding less burdensome
alternatives to this proposed rule, that
will meet HUD’s objectives as described
in this proposed rule.
Executive Order 13132, Federalism
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Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
state and local governments and is not
required by statute, or the rule preempts
state law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive order. This
proposed rule would not have
federalism implications and would not
impose substantial direct compliance
costs on state and local governments or
preempt state law within the meaning of
the Executive order.
Paperwork Reduction Act
The information collection
requirements contained in this proposed
4927
rule have been submitted to the Office
of Management and Budget (OMB)
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520). In
accordance with the Paperwork
Reduction Act, an agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless the collection
displays a currently valid OMB control
number.
The burden of the information
collections in this proposed rule is
estimated as follows:
Section reference
Number of
respondents
Number of
responses per
respondent
Estimated
average time
for requirement
(in hours)
Estimated
annual burden
(in hours)
24 CFR 214.600 ..............................................................................................
99
2.5
.25
61.875
Reporting and Recordkeeping Burden
In accordance with 5 CFR
1320.8(d)(1), HUD is soliciting
comments from members of the public
and affected agencies concerning this
collection of information to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond; including through the
use of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
Interested persons are invited to
submit comments regarding the
information collection requirements in
this rule. Comments must refer to the
proposal by name and docket number
(FR–6322–P–01) and must be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building,
Washington, DC 20503, Fax number:
(202) 395–6947
and
Colette Pollard, Reports Management
Officer, Department of Housing and
Urban Development, 451 Seventh
Street SW, Washington, DC 20410
Environmental Impact
This proposed rule does not direct,
provide for assistance or loan and
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mortgage insurance for, or otherwise
govern or regulate real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction; or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this proposed
rule is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
24 CFR Part 1003
Unfunded Mandates Reform Act
■
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4;
approved March 22, 1995) (UMRA)
establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
Tribal governments, and on the private
sector. This proposed rule does not
impose any Federal mandates on any
State, local, or Tribal government, or on
the private sector, within the meaning of
the UMRA.
List of Subjects
24 CFR Part 214
Administrative practice and
procedure, Loan program—housing and
community development, Organization
and functions (government agencies),
Reporting and record-keeping
requirements.
24 CFR Part 1000
Aged, Community development block
grants, Grant programs—housing and
community development, Grant
programs—Indians, Indians, Individuals
with disabilities, Low and moderate
income housing, Public housing,
Reporting and recordkeeping.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Alaska, Community development
block grants, Grant programs—housing
and community development, Indians,
Reporting and recordkeeping
requirements.
Accordingly, for the reasons stated
above, HUD proposes to amend 24 CFR
parts 214, 1000, and 1003 as follows:
PART 214—HOUSING COUNSELING
PROGRAM
1. The authority citation for part 214
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x–1; 42
U.S.C. 3535(d).
2. In § 214.3, revise the definition of
‘‘HUD certified housing counselor’’ and
add the definition of ‘‘Tribally
designated housing entity’’ in
alphabetical order to read as follows:
■
§ 214.3
Definitions.
*
*
*
*
*
HUD certified housing counselor. A
housing counselor who has passed the
HUD Certification examination:
(1) Works for a participating agency
and is certified by HUD as competent to
provide housing counseling services
pursuant to this part; or
(2) Works for an Indian tribe, tribally
designated housing entity (TDHE), or
other tribal entity and is certified by
HUD as competent to provide housing
counseling services pursuant to
§ 214.600.
*
*
*
*
*
Tribally designated housing entity.
See definition at 25 U.S.C. 4103.
*
*
*
*
*
■ 3. Add subpart F to read as follows:
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Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
Subpart F—Certification of Tribal
Housing Counselors
HUD-approved housing counseling
agency).
§ 214.600 Tribal housing counseling
certification.
PART 1000—NATIVE AMERICAN
HOUSING ACTIVITIES
(a) This subpart applies only to
housing counseling required under or
provided in connection with the Indian
Housing Block Grant (IHBG) program or
the Indian Community Development
Block Grant (ICDBG) program. Indian
tribes, tribally designated housing
entities (TDHEs), and other tribal
entities funding housing counseling
required under or provided in
connection with IHBG or ICDBG
programs shall not be subject to the
requirements of this part, except as
otherwise provided in this section.
(b) Housing counseling required
under or provided in connection with
IHBG or ICDBG programs must be
provided by a HUD-certified housing
counselor. A HUD-certified housing
counselor must be certified either:
(1) By working for a participating
agency and complying with all the
requirements of this part to include
passing a housing counseling
certification examination under
§ 214.103(n); or
(2) By working for an Indian Tribe,
TDHE, or other tribal entity and passing
a housing counseling certification
examination under paragraph (c) of this
section.
(c) HUD will certify an individual
housing counselor to provide housing
counseling required under or provided
in connection with IHBG or ICDBG
programs upon verification that the
person:
(1) Passes a standardized written
examination to demonstrate competency
in each of the following areas:
(i) Financial management;
(ii) Property maintenance;
(iii) Responsibilities of
homeownership and tenancy;
(iv) Fair housing laws and
requirements;
(v) Housing affordability; and
(vi) Avoidance of, and response to,
rental or mortgage delinquency and
avoidance of eviction or mortgage
default; and
(2) Works for an Indian tribe, TDHE,
or other tribal entity.
(d) To provide housing counseling
required under or provided in
connection with HUD programs other
than the IHBG and ICDBG programs, an
individual working for an Indian tribe,
TDHE, or other tribal entity must meet
the housing counseling certification
requirement under § 214.103(n) (e.g.,
pass the examination and work for a
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4. The authority citation for part 1000
continues to read as follows:
■
Authority: 25 U.S.C. 4101 et seq.; 42
U.S.C. 3535(d).
■
5. Add § 1000.66 to read as follows:
§ 1000.66
Housing counseling.
PART 1003—COMMUNITY
DEVELOPMENT BLOCK GRANTS FOR
INDIAN TRIBES AND ALASKA NATIVE
VILLAGES
6. The authority citation for part 1003
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d) and 5301 et
seq.
7. Add § 1003.609 to read as follows:
§ 1003.609
Housing counseling.
Housing counseling, as defined in 24
CFR 5.100, that is funded with or
provided in connection with ICDBG
funds must be carried out in accordance
with 24 CFR 5.111. Housing counseling
conducted in connection with the
ICDBG program may only be conducted
by individuals who are HUD-certified in
accordance with 24 CFR part 214.
Julia Gordon,
Office of the Assistant Secretary for
Housing—Federal Housing Administration
Commissioner.
Dominique Blom,
General Deputy Assistant Secretary, Office
of Public and Indian Housing.
[FR Doc. 2023–01345 Filed 1–25–23; 8:45 am]
BILLING CODE 4210–67–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21–CRB–0002–PBR (2023–
2027)]
Determination of Rates and Terms for
Public Broadcasting (PB IV)
Copyright Royalty Board (CRB),
Library of Congress.
AGENCY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
Proposed rule.
The Copyright Royalty Judges
solicit comments on proposed rates and
terms for use of certain works in
connection with noncommercial
broadcasting for the period from January
1, 2023, through December 31, 2027.
SUMMARY:
Comments and objections, if any,
are due on or before February 27, 2023.
DATES:
You may submit comments
and objections, identified by docket
number 21–CRB–0002–PBR (2023–
2027), online through eCRB at https://
app.crb.gov.
Instructions: To send your comment
through eCRB, if you don’t have a user
account, you will first need to register
for an account and wait for your
registration to be approved. Approval of
user accounts is only available during
business hours. Once you have an
approved account, you can only sign in
and file your comment after setting up
multi-factor authentication, which can
be done at any time of day. All
comments must include the Copyright
Royalty Board name and the docket
number for this proposed rule. All
properly filed comments will appear
without change in eCRB at https://
app.crb.gov, including any personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to eCRB, the
Copyright Royalty Board’s electronic
filing and case management system, at
https://app.crb.gov/, and search for
docket number 21–CRB–0002–PBR
(2023–2027).
ADDRESSES:
Housing counseling, as defined in 24
CFR 5.100, that is required under or
provided in connection with IHBG
funds must be carried out in accordance
with 24 CFR 5.111. Housing counseling
conducted in connection with the IHBG
program may only be conducted by
individuals who are HUD-certified in
accordance with 24 CFR part 214.
■
ACTION:
FOR FURTHER INFORMATION CONTACT:
Anita Brown, CRB Program Specialist,
(202) 707–7658, crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. Chapter 8 of the Copyright
Act requires the Copyright Royalty
Judges (Judges) to conduct proceedings
every five years to determine the rates
and terms for the section 118 license. 17
U.S.C. 801(b)(1), 804(b)(6). In
accordance with section 804(b)(6), the
Judges commenced the proceeding to set
rates and terms for the period 2023–
2027 on January 5, 2021. (86 FR 325).
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]]>Agencies
[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Proposed Rules]
[Pages 4923-4928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01345]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 214, 1000, and 1003
[Docket No. FR-6322-P-01]
RIN 2502-AJ64
Certification of Tribal Housing Counselors
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Department of Housing and Urban Development (HUD); Office
of the Assistant Secretary for Public and Indian Housing, HUD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: HUD's Housing Counseling Program provides, through HUD-
approved counseling agencies and State housing finance agencies,
counseling to individuals seeking information about financing,
maintaining, renting, or owning a home. The Dodd-Frank Wall Street
Reform and Consumer Protection Act amended the Housing and Urban
Development Act of 1968 to improve the effectiveness of the housing
counseling program by, among other things, requiring that entities and
individual counselors be certified by HUD as competent to provide such
counseling services. In 2016, HUD implemented these requirements for
most HUD programs but agreed to conduct consultation with Tribes before
implementing the new housing counselor certification requirement for
Tribes. After consulting with Tribes, HUD proposes a housing counselor
certification option for employees of Tribes, Tribally Designated
Housing Entities (TDHE), and other Tribal entities conducting housing
counseling required or provided in connection with the Indian Housing
Block Grant (IHBG) and the Indian Community Development Block Grant
(ICDBG) programs. The proposed rule provides an alternative regulatory
standard for compliance with the Dodd-Frank Act's counselor
certification requirement that recognizes Tribal sovereignty and self-
determination, and accounts for the
[[Page 4924]]
unique status of Tribal land and housing programs in Indian Country.
DATES: Comment due date: March 27, 2023.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Regulations Division, Office of General
Counsel, Department of Housing and Urban Development, 451 7th Street
SW, Room 10276, Washington, DC 20410-0500. Communications must refer to
the above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must be
submitted through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of this proposed
rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public
3. Inspection of Public Comments. All properly submitted comments
and communications submitted to HUD will be available for public
inspection and copying between 8 a.m. and 5 p.m., weekdays, at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
Copies of all comments submitted are available for inspection and
downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: David Valdez, Office of Housing
Counseling, Office of Housing, Department of Housing and Urban
Development, 1331 Lamar St. Suite 550, Houston, TX 77002; telephone
number 713-718-3178 (this is not a toll-free number). HUD welcomes and
is prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION:
I. Background
In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Pub. L. 111-203, 124 Stat. 1376, approved July 21, 2010) amended
section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x), hereinafter referred to as section 106, established the Office
of Housing Counseling (OHC) and directed HUD to issue regulations
necessary to carry out the testing and certification of housing
counselors in HUD programs. The section 106 amendments require that
individuals providing housing counseling required under or provided in
connection with HUD programs be certified by taking and passing an
examination administered by HUD's Office of Housing Counseling (HUD
certified housing counselors) (12 U.S.C. 1701x(e)).
A. HUD's Current Certification Requirement
On December 14, 2016, HUD published a final rule implementing the
section 106 certification requirements, including the requirement that,
as explained in the rule preamble, ```housing counseling' . . . that is
`required by or in connection with' HUD programs, may only be provided
by HUD-certified housing counselors working for HUD-approved [housing
counseling agencies] that are approved to provide such housing
counseling by HUD's Office of Housing Counseling.'' See 81 FR 90632.
However, the certification final rule stated that the application of
section 106 to HUD's Native American Housing Programs would undergo
consultation prior to implementation, pursuant to HUD's Government-to-
Government Tribal Consultation Policy. As a result, the counselor
certification requirement currently applies to all HUD programs except
the IHBG and ICDBG programs.
HUD-approved housing counseling agencies must be (1) nonprofit
organizations as described under section 501(c) of the Internal Revenue
Code of 1986 (IRC) that are exempt from taxation under section 501(a)
of the IRC; and (2) approved by HUD, in accordance with 24 CFR part 214
and section 106(e) of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(e)), to provide housing counseling services to clients
directly, or through their affiliates or branches. To become a
certified housing counselor, one must be employed by a participating
agency, including a HUD-approved housing counseling agency or a unit of
State or local government, and pass a standardized, written housing
counseling certification examination to demonstrate competency in the
following areas: (1) Financial management; (2) property maintenance;
(3) responsibilities of homeownership and tenancy; (4) fair housing
laws and requirements; (5) housing affordability; and (6) avoidance of,
and response to, rental or mortgage delinquency and avoidance of
eviction or mortgage default. 24 CFR 214.103(n).
Today, only a small number of Tribal entities participate in HUD's
housing counseling program. These Tribal entities have been recognized
as unit of local, county, or state government or have formed a tax-
exempt non-profit organization and applied to be a HUD-approved housing
counseling agency and employ housing counselors directly to provide the
counseling required under HUD programs. Most Tribes, TDHEs, and Tribal
entities, however, remain ineligible to become HUD-approved housing
counseling agencies. As such, Tribes are generally not eligible to
receive HUD housing counseling grants.
B. Tribal Consultation
In 2021, HUD hosted two virtual Tribal consultations and six
listening sessions to obtain feedback on the implementation of the
counselor certification requirements as it applies to the IHBG and
ICDGB programs. During HUD consultation sessions, Tribes raised
concerns regarding a perceived lack of consideration for Tribal
sovereignty and expressed concerns with applying the HUD housing
counselor certification requirements to Tribes. Tribes also
[[Page 4925]]
described the unique housing services needed in their communities and
their need to self-determine their housing priorities based on local
needs.
Another area of concern raised by the Tribes was the irrelevancy of
some questions and lack of important content in the current counselor
certification exam. For example, counseling on Tribal land requires
knowledge of unique property and administrative requirements that apply
to trust land and other restricted Tribal lands held in trust by the
Department of the Interior. Similarly, civil rights laws pursuant to
statutes like the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA), which
authorizes the IHBG program and the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) (HCDA), which authorizes the ICDBG
program, do not apply to Tribes in the manner in which they do for
other HUD program participants, and current test requirements do not
reflect the unique way that civil rights requirements apply to Tribes
and other Tribal grantees under HUD programs.
To account for these issues, Tribes suggested HUD allow them to use
another organization's Native American counseling training and exam
certification (e.g., Pathways, NeighborWorks, etc.) or, in the
alternative, for HUD to create a tailored Tribal counselor
certification exam. Tribes also raised concerns with having to meet the
requirements of the housing counseling program. Importantly, Tribes
anticipated difficulty meeting threshold eligibility criteria such as
being a tax-exempt nonprofit organization as described in IRC 501(c),
and other requirements such as minimum number of clients served,
maintaining facilities, work plan and geographic scope descriptions,
professional experience, and recordkeeping and reporting. Tribes cited
the unique nature of conducting Tribal counseling with limited
financial and human capital resources that often lack adequate
communication and physical infrastructure and the lack of availability
of housing counselors in remote areas. To address these concerns, HUD
was asked to exempt Tribes, TDHEs, and Tribal entities from compulsory
participation in the existing housing counseling program unless the
entities also provide housing counseling under, or in connection with,
other HUD programs (programs other than IHBG and ICDBG).
II. This Proposed Rule
As required by the Dodd-Frank Act and after consultation with
Tribes, HUD proposes to implement the certification requirements for
Tribes, TDHEs, and other Tribal entities conducting housing counseling
required or provided in connection with the IHBG and ICDBG programs.
Housing Counseling is independent, expert advice customized to the need
of the consumer to address the consumer's housing barriers and to help
achieve their housing goals and must include the following processes:
intake; financial and housing affordability analysis; an action plan,
except for reverse mortgage counseling; and a reasonable effort to have
follow-up communication with the client when possible. HUD believes
this proposed rule implements counselor certification for IHBG and
ICDBG, two Native American programs, in a way that considers the
substantial Tribal feedback provided by Tribes during consultation
while also still complying with the requirement in the Dodd-Frank Act
that counseling conducted under the IHBG and ICDBG programs be carried
out by HUD-certified counselors.
A. Tribal Housing Counseling Certification
This proposed rule would amend 24 CFR part 214 by adding a new
subpart F to establish certification requirements that apply only for
the IHBG and ICDBG programs. Specifically, for counseling ``required by
or in connection with'' the IHBG and ICDBG programs, an individual may
become a ``HUD-certified housing counselor'' by working for a
participating agency and meeting all requirements of part 214,
including passing a housing counseling certification examination under
Sec. 214.103(n), or, by working for an Indian tribe, TDHE, or other
Tribal entity, and passing a housing counseling certification
examination under paragraph (c) of the new Sec. 214.6 (subpart F). The
housing counseling certification examination under Sec. 214.6(c) will
be the housing counseling certification examination under Sec.
214.103(n) with adjustments to certain exam components for tribes in a
manner that comports with section 106(e)(2). Under Sec. 214.6(d), if
an individual working for an Indian tribe, TDHE, or other Tribal entity
provides housing counseling for other HUD programs, however, that
individual would still need to comply with the existing housing
counseling certification requirement of 24 CFR 214.103(n) (e.g., pass
the examination and work for a HUD-approved housing counseling agency).
With respect to any housing counselor that is providing housing
counseling required by or in connection with the IHBG and ICDBG
programs and qualifies to do so based on the criterion in proposed 24
CFR 214.600(b)(1), HUD strongly recommends additional training. Such
training should help the counselor become knowledgeable of Federal
Indian law, the unique status of trust land, the role of the Bureau of
Indian Affairs in mortgage and realty-related transactions and matters,
the role played by Indian tribes to grant leases on trust land, and
more.
Section 106 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x) in relevant part requires that the housing counselor
demonstrate competence through a written examination showing competency
in ``fair housing laws and requirements.'' 12 U.S.C. 1701x(e)(2)(D).
Section 201(b)(6) of NAHASDA states that Title VI of the Civil Rights
Act of 1964, and the Fair Housing Act ``shall not apply to actions by
federally recognized tribes and the tribally designated housing
entities of those tribes under this Act.'' The regulations at 24 CFR
1000.12 and 1003.601 state which nondiscrimination requirements apply
to the IHBG and ICDBG programs, respectively. The housing counseling
examination required under the new subpart F will account for this
distinction of fair housing laws pertaining to Tribes. The examination
will also be appropriately tailored to reflect the unique status of
trust land.
HUD recognizes that costs will be incurred as a result of the
written examination requirement. In the past, HUD has been able to
present the examination in the most cost-efficient way feasible and
offered both on-line and in-person examinations at a low cost. In
addition, HUD has offered free study materials for individuals to use
in preparation for the examination. HUD will seek to modify these
materials to account for any tailored exam components that it develops
to implement this rule.
B. New Definitions in Sec. 214.3 and a New Sec. 214.600
To conform to the change in the new subpart F, this proposed rule
would amend the definition of ``HUD certified housing counselor'' at
Sec. 214.3. Under the current definition, certification requires
passing the HUD Certification exam and working for a participating
housing counseling agency. Given the proposal to expand a certified
counselor to include one who is certified by HUD as competent to
provide housing counseling services pursuant to the new Sec. 214.600,
this definition would include that additional process for becoming a
certified housing counselor. This
[[Page 4926]]
proposed rule would also add a definition of ``tribally designated
housing entity'' at Sec. 214.3 to codify the statutory definition at
25 U.S.C. 4103 in HUD's housing counseling regulations.
C. IHBG Housing Counseling Requires HUD Certification
This proposed rule would amend IHBG program regulations by adding
Sec. 1000.66 to require that housing counseling, as defined in 24 CFR
5.100, that is funded with or provided in connection with IHBG funds
must be carried out in accordance with 24 CFR 5.111. In addition, this
paragraph would provide that housing counseling conducted in connection
with the IHBG program may only be conducted by individuals who are HUD-
certified in accordance with 24 CFR part 214, including the new
requirements promulgated by this proposed rule at Sec. 214.3 and the
new Sec. 214.600.
D. ICDBG Housing Counseling Requires HUD Certification
This proposed rule would amend ICDBG program regulations by adding
Sec. 1003.609 to require that housing counseling, as defined in 24 CFR
5.100, that is funded with or provided in connection with ICDBG funds
must be carried out in accordance with 24 CFR 5.111. In addition, this
paragraph would provide that housing counseling conducted in connection
with the ICDBG program may only be conducted by individuals who are
HUD-certified in accordance with 24 CFR part 214, including the new
requirements promulgated by this proposed rule at Sec. 214.3 and the
new Sec. 214.600.
III. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public.
HUD's Housing Counseling Program provides, through HUD-approved
counseling agencies and state housing finance agencies, counseling to
individuals seeking information about financing, maintaining, renting,
or owning a home. In 2010, the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-203 (``Dodd-Frank Act''),
amended section 106 of the Housing and Urban Development Act of 1968,
12 U.S.C. 1701x, to improve the effectiveness of the housing counseling
program by, among other things, requiring that entities and individual
counselors be certified by HUD as competent to provide such counseling
services. In 2016, HUD published a final rule implementing these
requirements for most HUD programs but agreed to conduct consultation
with Tribes before applying the new housing counselor certification
requirement to HUD's Native American Housing Programs, pursuant to
HUD's Government-to-Government Tribal Consultation Policy. As a result,
the counselor certification requirement currently applies to all HUD
programs except the Indian Housing Block Grant (IHBG) and Indian
Community Development Block Grant (ICDBG) programs.
HUD consulted with Tribes in 2021 in accordance with HUD's
Government-to-Government Tribal Consultation Policy and the January 26,
2021, Presidential Memorandum on Tribal Consultation and Strengthening
Nation-to-Nation Relationships. As a result of this Tribal
consultation, HUD is proposing a more streamlined housing counselor
certification option for employees of Tribes, Tribally Designated
Housing Entities (TDHE), and other Tribal entities conducting housing
counseling required or provided in connection with the IHBG and ICDBG
programs. The proposed rule would amend HUD's existing Housing
Counseling Program regulations at 24 CFR part 214 to allow the
relatively small number of 435 IHBG and ICDBG grantees in total to
either use an existing HUD-approved housing counseling agency or to
have an employee complete the housing counseling certification
examination that is currently required of all counselors at HUD-
approved housing counseling agencies. The proposed rule would similarly
amend the IHBG and ICDBG program regulations at Sec. Sec. 1000.66 and
1003.609 to require that housing counseling that is funded with or
provided in connection with IHBG or ICDBG funds be carried out in
accordance with existing Sec. 5.111, and that housing counseling for
these programs may only be conducted by individuals certified in
accordance with 24 CFR part 214.
This proposed rule brings HUD's IHBG and ICDBG Programs into
compliance with the section 106 statutory requirements, which were
added by the Dodd-Frank Act and have applied to other HUD programs
since 2016. This proposed rule would provide a streamlined compliance
option consistent with the statutory requirement and responsive to
tribal consultation. This rule was not subject to OMB review. This rule
is not a ``significant regulatory action'' as defined in section 3(f)
of Executive Order 12866, and is not an economically significant
regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.),
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule would revise the regulations governing HUD's Housing
Counseling Program to reflect changes to the program made by the Dodd-
Frank Act, primarily the requirement that housing counseling required
under or provided in connection with all HUD programs, including the
IHBG and ICDBG programs, be carried out by certified housing
counselors.
As discussed in this preamble, to date, HUD's Housing Counseling
Program, under 24 CFR part 214, has not approved certification criteria
for Tribes, TDHEs, and Tribal entities conducting housing counseling
exclusively funded under or in connection with the IHBG and ICDBG
programs. The key change made to the Housing Counseling Program by this
proposed rule is the requirement to certify counselors providing
counseling funded under or in connection with these two programs.
HUD has determined that the requirement for individual counselors
to be certified, as proposed to be implemented by this proposed rule,
will not have a significant economic impact on small entities. The rule
provides a three-year transition period after the effective date of the
final rule for individual counselors to be certified. This three-year
period provides ample notice of the need to be skilled in the required
areas. Notwithstanding HUD's determination that this proposed rule will
not have a significant economic
[[Page 4927]]
impact on a substantial number of small entities, HUD specifically
invites comments regarding less burdensome alternatives to this
proposed rule, that will meet HUD's objectives as described in this
proposed rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This proposed rule would not have
federalism implications and would not impose substantial direct
compliance costs on state and local governments or preempt state law
within the meaning of the Executive order.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule have been submitted to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In
accordance with the Paperwork Reduction Act, an agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless the collection displays a currently valid OMB
control number.
The burden of the information collections in this proposed rule is
estimated as follows:
----------------------------------------------------------------------------------------------------------------
Estimated
Number of Number of average time Estimated
Section reference respondents responses per for requirement annual burden
respondent (in hours) (in hours)
----------------------------------------------------------------------------------------------------------------
24 CFR 214.600.............................. 99 2.5 .25 61.875
----------------------------------------------------------------------------------------------------------------
Reporting and Recordkeeping Burden
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning this
collection of information to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond; including through the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Comments must refer
to the proposal by name and docket number (FR-6322-P-01) and must be
sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503, Fax number: (202) 395-6947
and
Colette Pollard, Reports Management Officer, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410
Environmental Impact
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern or regulate real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction; or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
proposed rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and Tribal governments, and on the private sector. This proposed
rule does not impose any Federal mandates on any State, local, or
Tribal government, or on the private sector, within the meaning of the
UMRA.
List of Subjects
24 CFR Part 214
Administrative practice and procedure, Loan program--housing and
community development, Organization and functions (government
agencies), Reporting and record-keeping requirements.
24 CFR Part 1000
Aged, Community development block grants, Grant programs--housing
and community development, Grant programs--Indians, Indians,
Individuals with disabilities, Low and moderate income housing, Public
housing, Reporting and recordkeeping.
24 CFR Part 1003
Alaska, Community development block grants, Grant programs--housing
and community development, Indians, Reporting and recordkeeping
requirements.
Accordingly, for the reasons stated above, HUD proposes to amend 24
CFR parts 214, 1000, and 1003 as follows:
PART 214--HOUSING COUNSELING PROGRAM
0
1. The authority citation for part 214 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 3535(d).
0
2. In Sec. 214.3, revise the definition of ``HUD certified housing
counselor'' and add the definition of ``Tribally designated housing
entity'' in alphabetical order to read as follows:
Sec. 214.3 Definitions.
* * * * *
HUD certified housing counselor. A housing counselor who has passed
the HUD Certification examination:
(1) Works for a participating agency and is certified by HUD as
competent to provide housing counseling services pursuant to this part;
or
(2) Works for an Indian tribe, tribally designated housing entity
(TDHE), or other tribal entity and is certified by HUD as competent to
provide housing counseling services pursuant to Sec. 214.600.
* * * * *
Tribally designated housing entity. See definition at 25 U.S.C.
4103.
* * * * *
0
3. Add subpart F to read as follows:
[[Page 4928]]
Subpart F--Certification of Tribal Housing Counselors
Sec. 214.600 Tribal housing counseling certification.
(a) This subpart applies only to housing counseling required under
or provided in connection with the Indian Housing Block Grant (IHBG)
program or the Indian Community Development Block Grant (ICDBG)
program. Indian tribes, tribally designated housing entities (TDHEs),
and other tribal entities funding housing counseling required under or
provided in connection with IHBG or ICDBG programs shall not be subject
to the requirements of this part, except as otherwise provided in this
section.
(b) Housing counseling required under or provided in connection
with IHBG or ICDBG programs must be provided by a HUD-certified housing
counselor. A HUD-certified housing counselor must be certified either:
(1) By working for a participating agency and complying with all
the requirements of this part to include passing a housing counseling
certification examination under Sec. 214.103(n); or
(2) By working for an Indian Tribe, TDHE, or other tribal entity
and passing a housing counseling certification examination under
paragraph (c) of this section.
(c) HUD will certify an individual housing counselor to provide
housing counseling required under or provided in connection with IHBG
or ICDBG programs upon verification that the person:
(1) Passes a standardized written examination to demonstrate
competency in each of the following areas:
(i) Financial management;
(ii) Property maintenance;
(iii) Responsibilities of homeownership and tenancy;
(iv) Fair housing laws and requirements;
(v) Housing affordability; and
(vi) Avoidance of, and response to, rental or mortgage delinquency
and avoidance of eviction or mortgage default; and
(2) Works for an Indian tribe, TDHE, or other tribal entity.
(d) To provide housing counseling required under or provided in
connection with HUD programs other than the IHBG and ICDBG programs, an
individual working for an Indian tribe, TDHE, or other tribal entity
must meet the housing counseling certification requirement under Sec.
214.103(n) (e.g., pass the examination and work for a HUD-approved
housing counseling agency).
PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES
0
4. The authority citation for part 1000 continues to read as follows:
Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).
0
5. Add Sec. 1000.66 to read as follows:
Sec. 1000.66 Housing counseling.
Housing counseling, as defined in 24 CFR 5.100, that is required
under or provided in connection with IHBG funds must be carried out in
accordance with 24 CFR 5.111. Housing counseling conducted in
connection with the IHBG program may only be conducted by individuals
who are HUD-certified in accordance with 24 CFR part 214.
PART 1003--COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND
ALASKA NATIVE VILLAGES
0
6. The authority citation for part 1003 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 5301 et seq.
0
7. Add Sec. 1003.609 to read as follows:
Sec. 1003.609 Housing counseling.
Housing counseling, as defined in 24 CFR 5.100, that is funded with
or provided in connection with ICDBG funds must be carried out in
accordance with 24 CFR 5.111. Housing counseling conducted in
connection with the ICDBG program may only be conducted by individuals
who are HUD-certified in accordance with 24 CFR part 214.
Julia Gordon,
Office of the Assistant Secretary for Housing--Federal Housing
Administration Commissioner.
Dominique Blom,
General Deputy Assistant Secretary, Office of Public and Indian
Housing.
[FR Doc. 2023-01345 Filed 1-25-23; 8:45 am]
BILLING CODE 4210-67-P
