Support Statement A 2502-0574,

Supporting Statement for Paperwork Reduction Act Submissions

Title: Office of Housing Counseling – Agency Performance Review

OMB Control Number: 2502-0574

Form: HUD-9910

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Office of Housing Counseling (OHC) is responsible for administration of the Department’s Housing Counseling Program, authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701w and 1701x). The Housing Counseling Program supports the delivery of a wide variety of housing counseling services to homebuyers, homeowners, low- to moderate-income renters, the homeless, and seniors. The primary objectives of the program are to expand homeownership opportunities, preserve homeownership, and improve access to affordable housing. These services are provided by non-profit and government organizations. The HUD-approved Housing Counseling Agencies (HCAs) housing counselors provide guidance and advice to help families and individuals improve their housing conditions and meet the responsibilities of tenancy and homeownership. Counselors also help borrowers avoid predatory lending practices, such as inflated appraisals, unreasonably high interest rates/mortgages, unaffordable repayment terms, and other conditions that can result in a loss of equity, increased debt, default, and foreclosure.

To participate in HUD’s Housing Counseling Program, a housing counseling agency must be approved by HUD. Housing counseling agencies seeking HUD approval use Form HUD-9900, Application for Approval as a Housing Counseling Agency, which is covered under OMB 2502-0573. Housing counseling agencies may also be designated as a subgrantee or affiliate of a HUD-approved intermediary, multi-state organization, local housing counseling agency, or a state housing finance agency. HUD approval entails meeting various requirements relating to experience and capacity, including non-profit status, a minimum of one year of housing counseling experience in the target community, and enough resources to implement a housing counseling plan. In order to maintain approval status, HCAs must remain in compliance with program policies and regulations.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

HUD participating agencies are non-profit and government organizations that provide housing counseling services. HUD staff perform on-site or desk/remote monitoring of housing counseling agencies participating in HUD’s Housing Counseling Program. HUD staff uses form HUD-9910, Office of Housing Counseling – Agency Performance Review of a HUD-Approved Housing Counseling Agency or Participating Agency, to conduct and document results of performance reviews.

The performance reviews are conducted to ensure that agencies are currently in compliance with all program requirements, including applicable civil rights requirements and the agency’s level of success in delivering counseling services. HUD Housing Counseling Program requirements are set forth in 24 CFR Part 214, Housing Counseling Program Handbook 7610.1 REV-5, mortgagee letters, and grant agreements (if applicable). Findings from performance reviews are used to issue conditional re-approval, if applicable, and unconditional re-approval status of the housing counseling agencies to continued participation in the program.

Additionally, performance review findings are used as past performance indicators in the grant application review scoring process. Form HUD-9910 meets program requirements to improve the quality and scope of the performance reviews conducted, to better monitor the financial and administrative controls that agencies should have in place to effectively manage their programs, to deter and discover conflicts of interest, and to establish improved procedures to monitor the expenditure of HUD grant funds.

The results of performance reviews are used to assist HUD in evaluating the managerial and financial capacity of organizations to sustain operations sufficient to implement HUD approved housing counseling programs. The collection of information assists HUD in reducing its own risks from fraudulent activities or from supporting inefficient or ineffective housing counseling programs. HUD maintains a website of HCAs that can be searched by map via the interactive map by state located at https://www.hud.gov/housingcounseling or by zip code at https://www.consumerfinance.gov/find-a-housing-counselor/. HUD also maintains a toll-free housing counseling hotline phone number (800) 569-4287, which is listed on the HUD Hotline website located on these two website locations: https://www.hud.gov/program_offices/public_indian_housing/about/hotlines and https://www.hud.gov/program_offices/housing/sfh/hcc/hcc_home. Performance reviews help HUD ensure that individuals seeking assistance from these participating agencies will receive high quality services.

HUD staff uses the information collected from agency performance reviews to:

• Assess the management and financial capability of HCAs to carry out their missions relative to the HUD Housing Counseling Program.

• Assist HUD staff in detecting any conflicts of interest or activities that may not be permissible.

• Assist HUD staff in assessing whether participating organizations are meeting basic programmatic and grant administrative requirements and maintaining staff with the appropriate experience.

• Periodically, as determined by HUD, ensure that participating organizations have performed according to their housing counseling work plans and provided HUD with any information on changes that may impact the participating organization’s performance.

• Ensure compliance and monitor activity to keep the risk to the federal government at a minimum by reviewing quarterly form HUD-9902, Housing Counseling Agency Activity Report (OMB Control No. 2502-0261); and

• Give HUD the opportunity to provide technical assistance to participating housing counseling agencies.

Most of the information required under this information collection is maintained by the affected organizations in the normal course of business with HUD, and HUD ascribes no burden hours to recordkeeping. The requirements for recordkeeping and what information HUD expects to view when its staff conducts a performance review are set forth in the Housing Counseling Program Handbook 7610.1 REV-5, Chapter 5 and 6. The information cited in the Handbook is a tool for the participating organizations to use so that they can be prepared for HUD reviews.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The arrangement of the questions on the form HUD-9910 allows for an electronic ease of completion. HUD staff and HUD agencies will be able to complete the electronic form regardless of whether the review is an on-site or desk/remote monitoring review. Staff will provide agencies with an attachment of form HUD-9910 via email prior to the performance review. Agencies will electronically complete Part B and Part C (Part C is only applicable if an HCA offers Reverse Mortgage Counseling), sign through a self-certification feature, save, and send the electronic version of the form back to the agency’s assigned OHC point of contact (POC) using the POC’s HUD email address. HUD staff will complete Part A of the electronic form. When remotely monitoring a participating agency, HUD also accesses individual client electronic files through agency client management systems (OMB approval 2502-0261), which allows HUD to decrease costs and reduce the burden to HCAs. Information obtained from the electronic files is used by HUD staff to either complete some questions on the HUD-9910 form or to verify answers that the HCA has provided. However, HUD must continue to perform on-site and desk/remote monitoring for those agencies using a client management system not remotely accessible by HUD staff. It is anticipated, through using the electronic version of the form, future desk/remote performance reviews will increase and save HUD travel funds. This, in turn, will save the counseling agency time and costs. Plans are underway to further streamline form HUD-9910 and fully automate it in a new HUD system called the Housing Counseling Agency Management System (HCAMS), which is currently being developed. More information is provided in Section 15.

Following the completion of a housing counseling agency’s performance review, the OHC POC saves and uploads a copy of each housing counseling agency’s completed form HUD-9910 in their specific agency folder located within OHC’s virtual “Agency Files” folder which is maintained on OHC’s Program Office’s SharePoint site.

The data collected within form HUD-9910 is not shared with any external entities. The only internal program office that would have access to the form would be the Office of the Inspector General when an internal audit for OHC would be scheduled.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information is not collected elsewhere. HUD makes every effort to assure no duplication of information is required.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

HUD makes every effort to minimize the burden of information collection on all organizations participating in the HUD Housing Counseling Program. Only information critical to evaluating an organization’s compliance with program requirements is collected. The required information is, for the most part, standard and already available in the organization’s places of business and may include grant files, client files, financial records, the organization’s internal program policy, program budget, and personnel documents and/or legal documents. Additionally, the use of the electronic file data that will be captured through client management systems will also further reduce the burden.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Ascertaining the professional, financial, and management capacity of HUD Housing Counseling Program participating organizations to provide adequate housing counseling services is necessary to comply with the requirements of the Housing and Urban Development Act and to ensure that grant funded organizations comply with HUD and OMB administrative and financial regulations. If this information is not collected, HUD would be unable to effectively monitor the Housing Counseling Program to guard against waste, fraud, abuse, or inappropriate program practices that may pose a risk to the program. This collection provides the means to meet that obligation. HUD publishes a web list of HUD approved Housing Counseling Agencies located at https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm and maintains a toll-free housing counseling hotline ((800) 569-4287). Performance reviews help HUD ensure that individuals seeking assistance from these participating agencies will receive quality services.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner: (PLEASE ANSWER EACH BULLET SEPARATELY)

* requiring respondents to report information to the agency more often than quarterly;

• There are no special circumstances requiring this type of action.

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt;

0. There are no special circumstances requiring this type of action.

* requiring respondents to submit more than an original and two copies of any document;

0. There are no special circumstances requiring this type of action.

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

There are no special circumstances requiring this type of action.

* in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

0. Statistical surveys are not associated with this collection.

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

*Statistical data classifications are not associated with this collection.

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

This circumstance does not apply to this collection.

* requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

0. This circumstance does not apply to this collection.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically, address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

In accordance with 5 CFR 1320.8(d), a 60-day Federal Register Notice soliciting public comments was announced in the Federal Register on December 6, 2022, Volume 87, Page 74650. No comments were received.

A 30-day Federal Register Notice inviting public comments was published on August 8, 2023, Volume 88, Page 53506. No comments were received.

OHC has consulted with the following three (3) not-for-profit HCA representatives listed below:

• Mr. Clifford Beckford, Executive Director, Lydia’s House, Washington, DC

[email protected]

• Ms. Vicki Bender, Director, Hagerstown Neighborhood Development Partnership, Hagerstown, MD [email protected]

• Ms. Shavaugn Jackson, Executive Director, Diversified Housing Development, Inc., Windsor Mill, MD [email protected]

OHC requested their view on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure and reporting format, and the data elements to be recorded, disclosed, or reported. This is a new requirement for #8 and was not required in the Supporting Statement that was submitted in 2017. Going forward, OHC will consult with representatives of those from whom information is to be obtained or those who must compile records at least once every 3 years, even if the collection of information activity is the same as in prior periods.

HCAs can provide feedback to any of OHC’s forms using several methods. Throughout the year, HCAs provide feedback on forms, offer suggestions, or ask questions via the OHC email address [email protected]. HUD also provides external webinar training on the Housing Counseling Program which includes webinar training on OHC HUD forms the office uses. Feedback, comments, and suggestions are always received during the external webinar trainings and attendees are encouraged to use the OHC email address following training as well. The most common feedback received from the Housing Counseling Community at-large is the need for OHC to automate this form via a system. As a result of the feedback and as part of OHC’s Business Process Improvement efforts, HCAMS has been developed (see #15 for more information).

9. Explain any decision to provide any payment or gift to respondents, other than renumeration of contractors or grantees.

HUD does not provide payments or gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

No personally identifiable information is collected on the HUD-9910. However, during performance reviews, client level data may be viewed by HUD. To the extent HUD collects and retains client level data, it may be subject to the Privacy Act and only may be available to the appropriate Federal, State, and local agencies.

Client files, both electronic and paper, must be kept confidential, in accordance with FHA regulations at 24 CFR 214.315. This system must meet the applicable requirements of 24 CFR 1.6, 2 CFR part 200.302 and 303, 24 CFR 84.1 (for Federal awards made prior to December 26, 2013), and 24 CFR Part 121 and must be easily accessible to HUD for all monitoring and audit purposes.

HUD will secure and protect the electronic transfer of sensitive information by using firewall protection, encryptions, and restricted access security.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent. There are no questions of a sensitive nature. 12. Provide estimates of the hour burden of the collection of information. The statement should: * Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. * If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I. * Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.
	Estimated Annualized Burden Hours and Costs
Information Collection / Type of Respondent	Form Name / Form Number	Number of Respondents*	Frequency of Response	Responses Per Year*	Average Burden Hours Per Response	Annual Burden Hours	Hourly Cost per Response (Hourly Wage Rate)	Total Annual Respondent Cost*
Not-for-Profit Institutions (Intermedi-aries, Regional, Multi-State Organizations and Local HUD-approved HCAs)	Office of Housing Counseling-Agency Performance Review / HUD-9910	278	1	278	9.5	2,641	$33.39	$88,182.99
State Housing Finance Agencies or Local Government HCAs	Office of Housing Counseling-Agency Performance Review / HUD-9910	75	1	75	9.5	712.5	$33.39	$23,790.375
TOTALS		353		353		3,354		$111,973.365

*The total annual burden hours has been rounded up to 3,354 hours to be consistent with OMB’s system ROCIS.*

Note: According to the U.S. Department of Labor, Bureau of Labor Statistics website

(https://www.bls.gov/oes/current/oes_nat.htm) the median wage rate category for Business and Financial Operations Occupations/Credit Counselors (13-2071) is estimated to be $22.87 (hourly wage rate) x 1.46 (the wage rate multiplier) = $33.39 (fully loaded wage rate).

• HUD currently has 1,701 HCAs. HCAs are reviewed based upon the expiration date of their current HUD approval. Again, form HUD-9910 is used to help OHC staff determine the potential risk the HCA is to HUD. Based upon the calculated risk, HCAs may be recertified for 1, 2, or 3 years as being HUD-approved. OHC has historical data indicating that its staff averages completing 353 performance reviews annually.

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation, maintenance, and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process, and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no record keeping, capital, start-up, or maintenance costs associated with this information collection.

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annual Cost to the Federal Government

Item	Cost ($)
Contract Costs [Describe] There are no contract costs associated with this collection.	$0.00
Staff Salaries* [ _#_ of GS __ , step__ employees spending approximately ____% of time annually ….(description)……… for this data collection] [Show calculations for this below.] 5 FTE (GS-15, Step 3) x $158,383 = $791,915x 1.46 (wage rate multiplier) = $1,156,195.9 (fully loaded) x .25 (25% of time spent) = $289,048.975 10 FTE (GS-14, Step 3) x $134,649= $1346,490 x 1.46 (wage rate multiplier) = $1,965,875.4 (fully loaded) x .25 (25% of time spent) = $491,468.85 60 FTE (GS-13, Step 3) x $113,944 = $6,836,640 x 1.46 (wage rate multiplier) = $9,981,494.4 fully loaded) x .25 (25% of time spent) = $2,495,373.6 1 FTE (GS-12, Step 3) x $95,824 x 1.46 (wage rate multiplier) = $ 139,903.04 (fully loaded) x .25 (25% of time spent) = $34,975.76 1 FTE (GS-11, Step 3) x $79,945 x 1.46 (wage rate multiplier) = $ 116,719,7 (fully loaded) x .25 (25% of time spent) =$29,179.92 3 FTE (GS-09, Step 3) x $66,077 = $198,231x 1.46 (wage rate multiplier) = $289,417.26 (fully loaded) x .25 (25% of time spent) = $72,354.32 NOTE: Calculations were based upon the Office of Personnel Management’s website for Salary Table 2022-GS SALARY TABLE 2022-DCB (opm.gov) Annual figure for number of federal respondents =80. Annual responses per year =353. Annual burden hours for federal employees= 2 hours (.25 or 25%) TOTAL	$289,048.98 $491,468.85 $2,495,373.6 $34,975.76 $29,179.93 $72,354.32 $3,412,401.44
Facilities [cost for renting, overhead, etc. for data collection activity]	0.00
Computer Hardware and Software [cost of equipment annual lifecycle]	0.00
Equipment Maintenance [cost of annual maintenance/service agreements for equipment]	0.00
Travel (See Note)	0.00
Printing [number of data collection instruments annually]	0.00
Postage [annual number of data collection instruments x postage]	0.00
Other	0.00
Total	$3,412,401.44

*Note: As of March 13, 2020, OHC staff has been prohibited from business travel due to the pandemic. Typically, OHC spends approximately $150,000 annually for staff to conduct on-site performance reviews at housing counseling agencies. As part of this renewal, it is not known when it will be permissible for staff to travel again due to concerns about social distancing and safety concerns resulting from the pandemic.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of OMB Form 83-I. All revisions or changes to the collection should be described here.

This is a revision of a currently approved collection. OHC has made a correction to Item 13 on the OMB 83-I form. The total annual hours requested has increased from 353 to 3353.5 hours. The increase is a result of the time it takes to complete Part B and Part C of the form which not only requires responses to the question, but also the time it takes to gather and submit verification/documentation to support the agency’s response. The last collection did not take into account the time it takes to collect the documentation for the form.

OHC revised form HUD-9910 “Maintaining Approval Criteria” section in Part A to include two new questions: one that addresses the agency’s ongoing regulatory duty to screen for ineligible participants. This new question asks the reviewer to verify whether the agency maintains policies to screen for ineligible participants. Including this question resolves a key OIG recommendation to clarify the documentation to be produced during a performance review to demonstrate compliance with 24 CFR 214.103(c).

The first new question, line item #9 of the form HUD 9910, has been added to verify if the agency maintains policies to screen for ineligible participants, including agency’s directors, partners, officers, principals, or employees. Line item #9 of the form was inadvertently excluded from the last collection.

The second new question, line item #66a, addresses whether the counselors that provide housing counseling are HUD certified counselors as required by the Housing Counseling Certification Requirements Final Rule which was implemented in August 2021 as a result of the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010, which amended Section 106 of the Housing and Urban Development Act of 1968.

Another question revised is question 55f which was an incomplete sentence that was missing information pertaining to an agency providing information on comparable products from at least 3 different lenders. The sentence is now complete with the added information.

In the last collection, 353 burden hours were reported. The new collection reports 3353.5 burden hours since the annual reporting hours per response has changed from 1 hour to 9.5 hours for a respondent to complete and return from HUD-9910. The last preparer did not consider the time it took to collect the documentation to support the agency responses. The form specifically requests the agency to submit verification/documentation of its responses.

Item 14 of the Supporting Statement has also changed. The annual cost to the Federal Government has increased due to the increase in the 2022 salaries on the GS Pay Scale.

As previously mentioned in Sections 3 and 8, plans are underway to further streamline form HUD-9910 and fully automate it in a new HUD system called HCAMS, HUD system P301, which has been in development for several years. A new module has been created that will replace the paper form HUD-9910 and enable HCAs to complete the form on-line, thus further reducing the reporting burden. The module has just completed the final testing phase. Once OMB 2502-0574 (this collection) has been approved by OMB, then a new PRA collection will be submitted for the agency performance review module which will be the first module to be activated in the HCAMS system.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions. There is no anticipated publication of the information gathered through this collection.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
HUD will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.

HUD does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods

There is no statistical methodology involved in this collection.

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