83 FR 15168 - Solicitation of Appointment Nominations to the Housing Counseling Federal Advisory Committee

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 68 (April 9, 2018)

The Department of Housing and Urban Development (HUD) established the Housing Counseling Federal Advisory Committee (HCFAC) on April 14, 2015. This notice invites nominations of individuals to fill vacancies for two-year and three-year terms.

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15168-15170]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07219]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5858-N-09]


Solicitation of Appointment Nominations to the Housing Counseling 
Federal Advisory Committee

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, Department of Housing and Urban Development (HUD).

ACTION: Notice of solicitation of appointment nominations for the 
Housing Counseling Federal Advisory Committee.

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[[Page 15169]]

SUMMARY: The Department of Housing and Urban Development (HUD) 
established the Housing Counseling Federal Advisory Committee (HCFAC) 
on April 14, 2015. This notice invites nominations of individuals to 
fill vacancies for two-year and three-year terms.

DATES: Please submit nominations as soon as possible, but no later than 
May 9, 2018.

ADDRESSES: Nominations must be in writing and submitted via email to 
[email protected]. Individuals that do not have internet access 
may submit nominations to Office of the Deputy Assistant Secretary for 
Housing Counseling, U.S. Department of Housing and Urban Development, 
451 7th Street SW, Room 9224, Washington, DC 20410.

FOR FURTHER INFORMATION CONTACT: Virginia F. Holman, Housing 
Specialist, U.S. Department of Housing and Urban Development, Office of 
Housing Counseling, Office of Outreach and Capacity Building, 
[email protected], telephone number 804-822-4911 (this is not a 
toll-free number). Persons who have difficulty hearing or speaking may 
access this number via TTY by calling the toll-free Federal Relay 
Service at (800) 877-8339 (toll-free number). Individuals with 
questions may also email [email protected] and in the subject 
line write ``HCFAC application question.''

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    The Housing Counseling Federal Advisory Committee (HCFAC) is 
congressionally mandated to provide advice to the Office of Housing 
Counseling (OHC) (Pub. L. 111-203). The HCFAC provides the OHC valuable 
advice regarding its mission to provide individuals and families with 
the knowledge they need to obtain, sustain, and improve their housing 
through a strong national network of HUD-approved housing counseling 
agencies and HUD-certified counselors. The HCFAC, however, shall have 
no role in reviewing or awarding of OHC housing counseling grants and 
procurement contracts. The HCFAC is subject to the requirements of the 
Federal Advisory Committee Act (5 U.S.C. Appendix), 41 CFR parts 101-6 
and 102-3, and Presidential Memorandum ``Final Guidance on Appointments 
of Lobbyists to Federal Boards and Commissions,'' dated June 18, 2010, 
along with any relevant guidance published in the Federal Register or 
otherwise issued by the Office of Management and Budget (OMB).\1\
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    \1\ See https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-lobbyists-agency-boards-and-commissions 
(``Lobbyists on Agency Boards and Commissions''); see also 76 FR 
61756 (``Final Guidance on Appointments of Lobbyists to Federal 
Boards and Commissions''), and 79 FR 47482 (``Revised Guidance on 
Appointment of Lobbyists to Federal Advisory Committees, Boards, and 
Commissions'').
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    The HCFAC shall consist of not more than 12 individuals appointed 
by the Secretary. The membership will equally represent the mortgage 
industry, real estate industry, consumers, and HUD-approved housing 
counseling agencies. Each member shall be appointed in his or her 
individual capacity for a term of 3 years and may be reappointed at the 
discretion of the Secretary. Of the 12 members first appointed to the 
HCFAC in 2016, 4 were appointed for an initial term of 1 year, 4 were 
appointed for a term of 2 years, and 4 were appointed for a term of 3 
years. The initial 12 appointments were made by the Secretary on June 
1, 2016. The one-year appointees' terms expired on May 31, 2017, and 
the two-year appointees' terms will expire on May 31, 2018.
    On June 6, 2017, HUD published a Federal Register notice (FR-5858-
N-07) soliciting nominations for one expired position and announcing 
its intention to reappoint 3 members whose terms expired on May 31, 
2017. Subsequently, the Secretary has chosen to solicit nominations for 
those vacancies along with solicitation of nominations to fill the 4 
appointments scheduled to expire on May 31, 2018. This is keeping with 
the intent of Congress to rotate appointments and stagger member terms. 
Appointees whose terms have expired are eligible to apply to be 
nominated for the positions announced herein.
    Of the 8 new members, two each must represent one of the following 
4 categories: mortgage industry, real estate industry, consumers, and 
HUD-approved housing counseling agencies. Four members will be selected 
to serve for the remainder of the 3-year term that commenced June 1, 
2017 and is set to expire May 31, 2020, and the remaining 4 members 
will be selected to serve for a 3-year term commencing June 1, 2018 and 
expiring May 31, 2021.

II. Nominations for the Housing Counseling Federal Advisory Committee

    HUD is seeking nominations for individuals whose experience is 
representative of at least one of the 4 categories--the mortgage 
industry, real estate industry, consumers, and HUD-approved housing 
counseling agencies. Nominations may be made by agency officials, 
members of Congress, the general public, professional organizations, 
and self-nominations. Nominees must be U.S. citizens and cannot be 
employees of the U.S. Government. All nominees will be serving in their 
``individual capacity'' and not in a ``representative capacity;'' 
therefore, no Federally-registered lobbyists may serve on the HCFAC.\2\ 
Individual capacity, as clarified by OMB, refers to individuals who are 
appointed to committees to exercise their own individual best judgment 
on behalf of the government, such as when they are designated as 
Special Government Employees as defined in 18 U.S.C. 202.
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    \2\ See 79 FR 47482 (``Revised Guidance on Appointment of 
Lobbyists to Federal Advisory Committees, Boards, and Commissions'') 
(clarifying that federally registered lobbyists may not serve on 
advisory committee, board, or Commission in an ``individual 
capacity.'')
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    Nominations to the HCFAC must be submitted via HUD Form 90005 which 
is available on the Office of Housing Counseling's Federal Advisory 
Committee web page at: https://www.hudexchange.info/programs/housing-counseling/federal-advisory-committee/. Each nominee will be required 
to provide all the information on HUD Form 90005, as well as the 
following information:
     Name, title, and organization of the nominee and a 
narrative description of how the applicant is representative of at 
least one of the following 4 categories: mortgage industry, real estate 
industry, consumers, and HUD-approved housing counseling agencies.
     Nominee's mailing address, email address, and telephone 
number;
     A narrative statement summarizing the nominee's 
qualifications, unique experiences, skills and knowledge the individual 
will bring to the HCFAC and reasons why the nominee should be appointed 
to the HCFAC;
     A statement agreeing to submit to any pre-appointment 
screenings HUD might require of Special Government Employees, as 
defined in 18 U.S.C. 202;
     A statement confirming that the nominee is not a 
registered federal lobbyist; and
     The Nominee's signature and date.
    Nominations should be submitted via email to 
[email protected]. Individuals that do not have internet access 
may submit nominations to the Office of the Deputy Assistant Secretary 
for Housing Counseling, HUD, 451 7th Street SW, Washington, DC 20410. 
Those who submitted applications previously, and those who have been

[[Page 15170]]

appointed previously, must reapply if they wish to be considered for a 
position.
    All Nominations must be received no later than May 9, 2018.
    HCFAC members will be required to adhere to the conflict of 
interest rules applicable to Special Government Employees as such 
employees are defined in 18 U.S.C. 202. The rules include relevant 
provisions in Title 18 of the U.S. Code related to criminal activity, 
Standards of Ethical Conduct for Employees of the Executive Branch (5 
CFR part 2635) and Executive Order 12674 (as modified by Executive 
Order 12731). Therefore, applicants will be required to submit to pre-
appointment screenings relating to identity of interest and financial 
interests that HUD might require as shown above. If selected, HCFAC 
members will also be asked to complete form OGE Form 450 (Confidential 
Financial Disclosure Report).
    Members of the HCFAC shall serve without pay but shall receive 
travel expenses including per diem in lieu of subsistence as authorized 
by 5 U.S.C. 5703. Regular attendance is essential to the effective 
operation of the HCFAC.
    Please note this Notice is not intended to be the exclusive method 
by which HUD will solicit nominations and expressions of interest to 
identify qualified candidates; however, all candidates for membership 
on the HCFAC will be subject to the same evaluation criteria.

III. Selection and Meetings

    After all nominations have been reviewed, HUD will publish a notice 
in the Federal Register announcing the appointment of the HCFAC 
members. Member selections will be made by the Secretary and will be 
based on the candidates' qualifications to contribute to the 
accomplishment of the HCFAC's objectives. HCFAC selection will be made 
based on factors such as expertise and diversity of viewpoints that are 
necessary to effectively address the matters before the HCFAC. 
Membership on the HCFAC is personal to the appointee and HCFAC members 
serve at the discretion of the Secretary.
    The estimated number of in-person meetings anticipated within a 
fiscal year is two (2) in Washington DC or elsewhere in the United 
States. Additional meetings may be held as needed to render advice to 
the Deputy Assistant Secretary for the Office of Housing Counseling. 
The meetings may use electronic communication technologies for 
attendance.
    All meetings will be announced by notice in the Federal Register. 
Announcements of a meeting may be made, in addition to the Federal 
Register notice, using other methods.

    Dated: March 30, 2018.
Dana T. Wade,
General Deputy Assistant, Secretary for Housing.
[FR Doc. 2018-07219 Filed 4-6-18; 8:45 am]
 BILLING CODE 4210-67-P