[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60179-60184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16863]



[[Page 60179]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5076-D-07]


Delegations of Authority for the Office of Housing--Federal 
Housing Administration (FHA); Redelegations of Authority Regarding 
Multifamily Housing Programs and Health Care Programs

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Notice of revocation and redelegation of authority for 
multifamily housing and health care programs.

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SUMMARY: On August 11, 2003, the Assistant Secretary for Housing-
Federal Housing Commissioner issued comprehensive redelegations of 
authority for the Office of Multifamily Housing Programs and the Office 
of Insured Health Care Facilities (OIHCF). The notice of redelegations 
of authority was published on August 20, 2003. Today's notice of 
redelegations of authority updates and amends the notice that was 
published on August 20, 2003. The authority redelegated is reprinted in 
its entirety but reflects changes that have been made to the 
redelegations of authority regarding multifamily housing and health 
care programs since August 20, 2003.

DATES: Effective Date: September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Janet Golrick, Assistant Deputy 
Assistant Secretary for the Office of Multifamily Housing, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 6112, Washington, DC 20410-8000, telephone (202) 708-
2495. (This is not a toll-free number.) Persons with hearing- or 
speech-impairments may access this number through TTY number by calling 
the toll-free Federal Relay Service number at 1-(800) 877-8339.

SUPPLEMENTARY INFORMATION: Amendments to the comprehensive redelegation 
of authority, published on August 20, 2003, were executed at different 
times over the course of approximately two years in response to 
emerging needs of the Office of Multifamily Housing Programs and OIHCF.
    On March 17, 2004, the Assistant Secretary for Housing-Federal 
Housing Commissioner (Assistant Secretary) issued a redelegation of 
authority (that was not published), authorizing the Deputy Assistant 
Secretary for Multifamily Housing and the Associate Deputy Assistant 
Secretary for Multifamily Housing to carry out all functions of a 
source selection official in connection with multifamily procurement 
actions. In addition, each Hub Director was redelegated source 
selection official authority in connection with field-office based 
procurements, subject to the limitation that the individual contract 
amount is less than $10 million
    On March 3, 2005, the Assistant Secretary issued a redelegation of 
authority that made several additional amendments to the redelegation 
published on August 20, 2003. The nature of each amendment is as 
follows:
    The introductory paragraph, immediately under the heading Section 
III. Multifamily Housing Programs and Healthcare Programs--Authority 
Redelegated, was amended to reflect the recently created position of 
Assistant Deputy Assistant Secretary for the Office of Multifamily 
Housing Programs. A new section III.AA identified this new position and 
sets forth the functions to be carried out by the incumbent.
    An amendment to Section III.F. function (2), indicated that Hub 
Operations Officers and Program Center Directors can issue a firm 
commitment for mortgage insurance if the principal amount of the 
mortgage did not exceed $15 million. The Hub Director can issue a firm 
commitment for mortgage insurance without any limitation related to the 
principal amount of the mortgage.
    Amendments to Section III.F. function (3) indicated, initially, 
that in relation to field office personnel, only the Hub Director could 
issue certain notices that advise program participants that they are in 
violation of a regulatory agreement or housing assistance contract. An 
additional amendment set forth a number of functions that would 
continue to be carried out by authorized officials in Headquarters but 
no longer in the field.
    Finally, in view of workload considerations and to make business 
operations more efficient, the Assistant Secretary amended Section V. 
Further Redelegations.
    With regard to OIHCF, on September 30, 2005, the Assistant 
Secretary entered into a 5-year interagency agreement (IAA) with the 
Department of Health and Human Services (HHS) under which HHS acts as 
an agent of HUD in administering aspects of the health-care facilities 
insurance program. The IAA is referenced in Section I.C. of this 
notice.

Section I. Multifamily Housing Programs: Office of Housing Organization

A. Office of Multifamily Housing--Headquarters

    All Office of Multifamily Housing managers in Headquarters and in 
the Field report to the Deputy Assistant Secretary for Multifamily 
Housing and the Associate Deputy Assistant Secretary for Multifamily 
Housing. In Headquarters, there are five major Multifamily Housing 
offices, each of which is headed by a Director. These offices and a 
general description of each appear below:
Office of Multifamily Housing Development
    This office develops and implements policies and guidelines for the 
loan origination aspects of FHA multifamily housing and health care 
mortgage insurance programs, excluding Section 242 hospitals, from pre-
application to final endorsement of the mortgage note. The office is 
also responsible for Multifamily Accelerated Processing (MAP) and 
Section 542 Risk-Sharing policies and procedures, including lender 
approval and lender monitoring. Office of Housing staff provide 
technical guidance to the HUD/FHA multifamily housing field staff, the 
industry, and other Headquarters offices.
Office of Asset Management
    The Office of Asset Management (Office of AM) is responsible for 
strategic planning, guidance, and oversight of HUD's multifamily 
housing portfolio of project assets after development and upon 
occupancy (multifamily housing properties consist primarily of rental 
housing properties with five or more dwelling units, such as apartments 
or town houses, also include nursing homes, elderly housing, housing 
for persons with disabilities, mobile home parks, retirement service 
centers and, very occasionally, vacant land). The Office of AM develops 
policy for, and oversees, field office asset management operations. The 
Office of AM is responsible for oversight of regulated property 
ownership and management, routine mortgage servicing, default 
servicing, acquisition and/or disposition of loans and properties, and 
management of properties where the Secretary is owner or mortgagee-in-
possession. The Office of AM also has oversight for subsidy payments 
for the Sections 202/811 elderly and disabled programs. The Office of 
AM serves as Multifamily Housing's liaison with the Real Estate 
Assessment Center (REAC) and the

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Departmental Enforcement Center (DEC). In addition, the Office of AM 
oversees field office and lender-servicing activities for HUD-involved 
properties. Through two field Property Disposition Centers, the Office 
of AM oversees HUD management, ownership, and the sale of properties, 
which HUD owns by virtue of default and foreclosure, or for which HUD 
is mortgagee-in-possession. In support of asset management, the Office 
of AM defines business requirements for automated systems development 
and modification.
Office of Housing Assistance and Grant Administration
    The Office of Housing Assistance and Grant Administration is 
responsible for directing and overseeing housing assistance and 
competitive grant programs administered by the Office of Multifamily 
Housing Programs, and places its primary focus on production and 
development functions. Its programs include project-based Section 8 
housing assistance, the Section 202/811 Capital Advance Program, the 
Emergency Capital Repair Grants program, Service Coordinators, Assisted 
Living Conversion, and Congregate Housing Services Programs.
Office of Housing Assistance Contract Administration Oversight
    The Office of Housing Assistance Contract Administration Oversight 
is responsible for policies, procedures, guidelines, performance 
assessment, and technical and general compliance under the terms of the 
respective Annual Contributions Contracts for Section 8 Contract 
Administrators (CA). The Section 8 contract administration oversight by 
this office provides that properties continue to meet the Department's 
standard of providing decent, safe, and sanitary housing to low-income 
families. Additionally, the Office of Housing Assistance Contract 
Administration Oversight is responsible for assuring that the 
Department meets its financial obligations to owners as specified in 
the various subsidy contracts by ensuring availability of subsidy 
payments. The office oversees ongoing funding of project-based 
assistance contracts, including contracts under the Section 8, Rent 
Supplement, and Rental Assistance Payments programs.
Office of Program Systems Management
    The Office of Program Systems Management is responsible for the 
automated systems that support multifamily housing programs. This 
office works with the other four Multifamily Housing offices to develop 
and enhance the systems used to support their respective programs.

B. Office of Multifamily Housing--Field Office Structure

    The field office organization consists of 51 offices, including 
Hubs and program centers. In all, there are 18 Hubs, each of which also 
has a Program Center sometimes (referred to as Projects Management 
Staff) co-located with the Hub. Each Program Center administers 
programs for the immediate geographical area of the Hub, whereas the 
Hub oversees operations for the broader geographic area. There are 33 
Program Centers, each of which reports to a Hub and is located within 
the Hub's jurisdiction.
    The highest-ranking official in a Hub is the Hub Director. The 
immediate deputy of the Hub Director is the Director of the Operations 
Staff (referred to in this notice as the Operations Officer). The 
Director of the Projects Management Staff (referred to in this notice 
as the Director of Project Management) reports to the Hub Director and 
oversees the work of the co-located Program Center. The head of a 
Program Center who is located outside the Hub is the Program Center 
Director. The occupant of this position also reports to the Hub 
Director. (Note: In this notice, reference to ``Program Center 
Directors'' refers to both the aforementioned Director of Projects 
Management and the Directors of Program Centers located outside the Hub 
location).
    The chart below identifies each Hub, the Program Centers that 
report to it, and the geographic area that it serves.

                                        Multifamily Housing Hub Structure
----------------------------------------------------------------------------------------------------------------
                     Hub                                Program center               Geographic area serviced
----------------------------------------------------------------------------------------------------------------
Atlanta......................................  Caribbean, Knoxville,             Georgia, Kentucky, Puerto Rico,
                                                Louisville, Nashville (Also, a    Tennessee, Virgin Islands.
                                                Multifamily Property
                                                Disposition Center is located
                                                in Atlanta).
Baltimore....................................  Richmond, Washington, DC........  Maryland, Virginia, Washington,
                                                                                  DC.
Boston.......................................  Hartford, Manchester, Providence  Connecticut, Maine,
                                                                                  Massachusetts, New Hampshire,
                                                                                  Rhode Island, Vermont.
Buffalo......................................  ................................  New York State, except for New
                                                                                  York City Metropolitan Area.
Chicago......................................  Indianapolis....................  Illinois, Indiana.
Columbus.....................................  Cleveland.......................  Ohio.
Denver.......................................  ................................  Colorado, Montana, North
                                                                                  Dakota, south Dakota, Utah,
                                                                                  Wyoming.
Detroit......................................  ................................  Michigan.
Fort Worth...................................  Albuquerque, Houston, Little      Arkansas, Louisiana, New
                                                Rock, New Orleans, San Antonio    Mexico, Texas.
                                                (Also, a Multifamily Property
                                                Disposition Center is located
                                                in Fort Worth).
Greensboro...................................  Columbia........................  North Carolina, South Carolina.
Jacksonville.................................  Birmingham, Miami, Jackson......  Florida, Alabama, Mississippi.
Kansas City..................................  Des Moines, Oklahoma City,
                                                Omaha, St. Louis, Iowa, Kansas,
                                                Missouri, Nebraska, Oklahoma..
Los Angeles..................................  ................................  Southern California.
Minneapolis..................................  Milwaukee.......................  Minnesota, Wisconsin.
New York City................................  ................................  New York City Metro Area.
Philadelphia.................................  Charleston, Newark, Pittsburgh..  Delaware, New Jersey,
                                                                                  Pennsylvania, West Virginia.
San Francisco................................  Honolulu, Phoenix, Las Vegas....  Arizona, Northern California,
                                                                                  Hawaii, Nevada.
Seattle......................................  Anchorage, Portland.............  Alaska, Idaho, Oregon,
                                                                                  Washington.
----------------------------------------------------------------------------------------------------------------


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    In summary, certain Multifamily Housing Office managers in Program 
Centers, Hubs, and Headquarters, acting within the scope of their 
redelegated authorities and applicable law, have independent authority, 
through the delegation process, to make binding decisions on behalf of 
the Department. Program Center Directors report to Hub Directors who, 
in turn, report to the Deputy Assistant Secretary for Multifamily 
Housing and the Associate Deputy Assistant Secretary for Multifamily 
Housing Programs.

C. Office of Insured Health Care Facilities (OIHCF)

    OIHCF reviews and approves mortgage insurance proposals for 
hospitals and handles asset management and property disposition matters 
related to HUD's insured hospital portfolio. OIHCF also administers all 
matters under Title XI of the National Housing Act (mortgage insurance 
for group practice facilities). Prior to the creation of OIHCF, 
hospital mortgage insurance applications were processed within the 
Office of Multifamily Housing. However, because of underwriting and 
oversight issues unique to hospital care facilities, HUD determined to 
create this separate office with particular expertise in the health 
care area. Unlike the usual case where applications for mortgage 
insurance are submitted to the local Program Center, insurance 
proposals for hospitals are submitted to OIHCF at HUD Headquarters. 
Most OIHCF staff is in Headquarters, while some are out-stationed to 
New York City. The Director and the Deputy Director of OIHCF report 
directly to the Assistant Secretary and the General Deputy Assistant 
Secretary for Housing-Deputy Federal Housing Commissioner (General 
Deputy Assistant Secretary). In making its determinations, OIHCF also 
oversees work performed by personnel in the Department of Health and 
Human Services (HHS), pursuant to an (Interagency Agreement that most 
recently was executed between the two departments on September 30, 
2005, and contains a 5-year term. OIHCF also makes limited use of 
resources in the Office of Multifamily Housing's field structure. In 
order to facilitate transactions in hospital insurance cases, 
particular authority is being delegated to Hub Directors in Multifamily 
Housing field offices. However, this authority may be exercised only 
pursuant to the prior direction or concurrence of the OIHCF Director.

Section II. Multifamily Housing Programs--Functions

    The Office of Multifamily Housing is charged with carrying out 
duties of the Assistant Secretary and General Deputy Assistant 
Secretary for Housing, as they relate to multifamily programs set forth 
in HUD's governing legislation. This broad range of programs enables 
HUD, in concert with its partners from the private and public sectors, 
to provide safe, decent, and affordable multifamily housing to millions 
of American families. The programs include mortgage insurance, capital 
advances, grant programs, and some programs that assist communities in 
reducing crime. Some programs make access to assisted living facilities 
more affordable. [Note: Multifamily Housing programs and functions 
related thereto do not include activities performed by the Office of 
Housing under the Federal Housing Enterprises Financial Safety and 
Soundness Act of 1992 (FHEFSSA) (12 U.S.C. 4501 et seq). A separate 
office within Housing, the Office of Government Sponsored Enterprises 
Oversight, assists the Assistant Secretary in carrying out the 
provisions of the FHEFSSA.]
    Under this delegation, the Assistant Secretary redelegates broad 
program authority to the Deputy Assistant Secretary for Multifamily 
Housing and the Associate Deputy Assistant Secretary for Multifamily 
Housing, for particular Multifamily Housing Directors in Headquarters 
and the field, and the Director of OIHCF.
    Characterizing the authority that is being redelegated by the 
Assistant Secretary in broad or general terms will enable the Deputy 
Assistant Secretary for Multifamily Housing and the Associate Deputy 
Assistant Secretary for Multifamily Housing and particular Multifamily 
Housing Directors to perform all functions necessary to accomplish 
multifamily housing program tasks and objectives.
    In some past delegation notices, HUD has set forth, in ``laundry 
list'' fashion, the functions that are carried out by managers under 
generic function headings. However, publishing detailed lists has 
proven problematic, as some listed items become obsolete over time, 
while others are omitted through oversight. Conversely, this delegation 
sets forth functions in general terms, while the preamble provides 
insights into the nature of the work performed by managers with 
delegated authority under each category. The basic multifamily housing 
functions and a brief description of each are as follows:

A. General Authority

    This authority allows Office of Housing officials, in the Office of 
Multifamily Housing and in OIHCF, to sign any and all documents 
necessary to carry out business within their program and geographic 
jurisdictions. In addition, this authority allows such officials, when 
considering a proposal, to waive any directives, not mandated by 
statute or regulation or reserved to Headquarters, for good cause and 
with written justification.

B. Production

    This function allows a manager with delegated authority to make all 
necessary determinations that relate to the FHA-insured mortgage 
underwriting process and the risk-sharing programs. Essentially, this 
category of functions begins with a pre-application or application for 
mortgage insurance and ends with the Department's endorsement of an 
insured mortgage and related documentation. For all mortgage insurance 
programs, it includes, but is not limited to, such activities as 
determining the acceptability of project sites; issuing conditional or 
firm commitments for FHA insurance; issuing initial or final 
endorsements for FHA insurance; executing regulatory agreements; 
requiring corrective actions and escrow accounts as needed; and 
wherever applicable, directing the actions of HUD clients in connection 
with a project's development (e.g., authorizing a housing finance 
agency to process-risk sharing loans or to conduct a subsidy layering 
review). Similar production functions are performed in connection with 
capital advances for elderly persons (the Section 202 program) and 
persons with disabilities (Section 811). For example, under those 
programs, applications are reviewed and rated funding awards are made 
(and regulatory agreements executed).

C. Asset Management

    Functions carried out under this category involve HUD's continuing 
relationship with a multifamily project after it has been added to the 
HUD portfolio through either FHA mortgage insurance, co-insurance, or 
risk-sharing programs; direct loan; capital advance or grant programs; 
other subsidy programs; and combinations thereof. Under this category, 
ongoing decision-making relates to an insured or subsidized project's 
occupancy, operations, and physical and financial condition from the 
time of occupancy through financial disposition including, but not 
limited to, prepayment,

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repayment of the loan or end of the subsidy contract, foreclosure, and/
or termination of the subsidy contract. In addition, functions involve 
the renewal of Section 8 contracts and other project-based assistance, 
and imposing sanctions upon project owners that, for example, violate 
the terms of their regulatory agreement and/or section 8 housing 
assistance contracts.

D. Competitive Capital Advance Programs

    Competitive programs within the Office of Multifamily Housing 
typically include those for the Section 202 supportive housing for the 
elderly, Section 811 supportive housing for persons with disabilities, 
service coordinators, and the assisted living conversion programs. In 
any given year, Congress may authorize additional or alternative 
programs. Office functions include developing the criteria for 
applications, rating and ranking applications, and executing capital 
advance and grant agreements. Once a grant is awarded, functions 
include monitoring compliance with the grant agreement, terminating a 
grant for non-compliance, modifying a grant, and closing out a grant. 
Once a capital advance is awarded under the Section 202 or Section 811 
programs, functions include processing a firm commitment application, 
initially closing the project, monitoring compliance with the 
construction contract, and finally closing the project as soon as costs 
have been certified.

E. Program Demonstrations

    Periodically, Congress will enact legislation that authorizes HUD 
to conduct a multifamily housing program on a demonstration basis. The 
purpose of a demonstration is essentially to test the viability of a 
new program on a limited basis, e.g., by geography, case volume, or 
time. Functions related to demonstration programs include developing 
program criteria, implementing the program, monitoring activities and 
results, preparing any required reports to Congress, and closing out 
the program.

F. Property Disposition

    Property disposition functions begin after HUD has made an initial 
decision to foreclose on a property. These functions include notifying 
an owner, and hearing and deciding an owner's appeal to the foreclosure 
determination; deciding the terms of and directing a foreclosure sale; 
accepting a deed-in-lieu of foreclosure, authorizing any work and 
related terms required by a project in advance of a sale; advertising a 
project for sale; approving disposition plans, sales documents, and 
purchasers; executing rental assistance contracts; and relocation of 
residents as may be necessary.

G. Coinsurance

    In 1990, HUD stopped accepting new applications for multifamily 
housing coinsurance. However, HUD still carries out multifamily housing 
coinsurance program functions in relation to the existing inventory, 
which include any and all actions necessary to carry out the program 
authorized under 12 U.S.C. 1715z-9. Functions also include authorizing 
second mortgage documents in partial payment-of-claims cases, as well 
as approving requests for the conversion of coinsurance to full 
mortgage insurance.

H. Portfolio Reengineering

    The Portfolio Reengineering Demonstration Project was originally 
authorized in 1996 and most recently in 1998 under Title V of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1998 (Pub. L. 105-65). 
Although all cases under the program have been closed, there are 
certain actions remaining, such as final disbursements to joint venture 
partners, which will enable the program to be terminated.

I. Hospital Mortgage Insurance

    Functions for the hospital mortgage insurance program cover the 
range of activities from the pre-commitment stage through property 
disposition. The functions include the same kinds of activities 
described above for the multifamily insurance program and fall within 
the generic categories of production, asset management, and property 
disposition.

J. Contract Administration Oversight/Funding

    Functions in this area of contract administration oversight involve 
activities related to the award of the Contract Administration 
Contracts (Annual Contribution Contracts), assessment and assignment of 
Section 8 contracts to Performance-Based Contract Administrators 
(PBCAs), evaluation of PBCA performance, provision of technical 
assistance to PBCAs, and prescription of any remedial actions needed to 
improve PBCA performance. Key functions also involve developing 
policies and procedures for field offices and coordinating efforts 
between the PBCAs and the local Multifamily Housing field office staff; 
monitoring, evaluating, and providing technical guidance relative to 
field activities; assuring that PBCAs provide data needed to evaluate 
their performance and the status of contracts they administer; and 
coordinating audit activities associated with Section 8 Contract 
Administration.
    Funding activities involve all budget and funding responsibilities 
associated with the Rental Assistance Programs (RAP) (i.e., Section 8 
but not Sections 202/811, RAP, Rent Supplement, Project-Based Section 
8, and Service Coordinators), including both HUD and third-party 
administered contracts. Activities also include creating and approving 
administrative commitments for active contracts, determinations of 
funding levels, reservations of the subsidy based on funding 
availability, monitoring allotments as compared to annual 
appropriations, funding assignments against allotments, reservations 
compared to fund assignments, and actual reservations versus estimated 
activity. Additional functions include monitoring the timely payment of 
Section 8 housing assistance to administrators and project owners in 
cooperation with the Section 8 Financial Management Center (FMC) and 
the accounting staff in the Office of the Chief Financial Officer. The 
work with the FMC primarily focuses on the impact of funding and 
payment when initiating conversions from HUD Central Accounting and 
Program System Maintenance (HUDCAPS) to Line of Credit Control System 
(LOCCS). The funding area also works with the Department's budget and 
accounting organizations to generate budget authority estimates for the 
above-referenced subsidy programs, develop procedures for funding and 
payment processes, and integrate systems to support the data. Another 
function is to serve as a liaison and coordination with counterpart 
staff in the field offices to provide training and guidance, and to 
assure that funds are obligated and contracted.

Section III. Multifamily Housing and Health Care Programs--Authority 
Redelegated

    The Assistant Secretary and the General Deputy Assistant Secretary 
for Housing retain and redelegate the power and authority, as provided 
in this Section III (1) to the Deputy Assistant Secretary and the 
Associate Deputy Assistant Secretary of the Office of Multifamily 
Housing Programs; and (2) through the above Deputy Assistant Secretary 
and Associate Deputy Assistant Secretary, to the Assistant Deputy 
Assistant Secretary of the Office of Multifamily Housing; and (3) 
through

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the Assistant Deputy Assistant Secretary to the Headquarters 
Multifamily Directors listed below; and (4) through the Headquarters 
Multifamily Directors, to the Headquarters and Field Office managers 
listed below; and (5) to the Director of the Office of Insured Health 
Care Facilities, the following power and authority

A. Deputy Assistant Secretary and Associate Deputy Assistant Secretary 
of the Office of Multifamily Housing Programs

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct all multifamily housing programs, other 
than the mortgage insurance program for hospitals, including, but not 
limited to, the exercise of the following functions:
    (1) The general power to modify and sign any documents necessary to 
perform enumerated functions and to waive any directive that is not 
mandated by a statute or regulation;
    (2) All production functions related to mortgage insurance, capital 
advance, risk-sharing, or other programs;
    (3) All asset management functions related to mortgage insurance, 
grant, or other programs;
    (4) All functions necessary to carry out a competitive capital 
advance program
    (5) All functions necessary to carry out a program conducted on a 
demonstration basis;
    (6) All property disposition functions;
    (7) All functions necessary to the conduct of the Multifamily 
coinsurance program;
    (8) All functions necessary to the conduct of the portfolio 
reengineering program, re-authorized under Title V of the Departments 
of Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act of 1998 (Pub. L. 106-65);
    (9) All functions necessary to the conduct of Section 8 contract 
administration oversight/funding; and
    (10) All source selection official functions.
A.A. Assistant Deputy Assistant Secretary of the Office of Multifamily 
Housing
    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct all multifamily housing programs, other 
than the mortgage insurance program for hospitals, in relation to the 
following functions:
    (1) The general power to modify and sign any documents necessary to 
perform enumerated functions and to waive any directive that is not 
mandated by a statute or regulation;
    (2) All production functions related to mortgage insurance, capital 
advance, risk-sharing, or other programs;
    (3) All asset management functions related to mortgage insurance, 
grant, or other programs;
    (4) All functions necessary to carry out a competitive capital 
advance program
    (5) All property disposition functions; and
    (6) (All functions necessary to the conduct of Section 8 contract 
administration oversight/funding.

B. Director, Office of Multifamily Housing Development

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct all multifamily housing programs other 
than the mortgage insurance program for hospitals, in relation to the 
following functions:
    (1) The general power to sign any documents necessary to perform 
enumerated functions and to waive any directive that is not mandated by 
a statute or regulation;
    (2) All production functions related to mortgage insurance or risk-
sharing programs;
    (3) All functions necessary to carry out a program conducted on a 
demonstration basis.

C. Director, Office of Asset Management

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct all multifamily housing programs, other 
than the mortgage insurance program for hospitals, in relation to the 
following functions:
    (1) The general power to sign any documents necessary to perform 
enumerated functions and to waive any directive that is not mandated by 
a statute or regulation;
    (2) All asset management functions related to mortgage insurance, 
loans, capital advances, or grants or other programs, except functions 
related to the renewal of Section 8 contracts and other project-based 
assistance;
    (3) All functions necessary to carry out a competitive capital 
advance programs
    (4) All functions necessary to carry out a program conducted on a 
demonstration basis;
    (5) All property disposition functions;
    (6) All functions necessary to conduct the multifamily coinsurance 
program; and
    (7) All functions necessary to conduct the portfolio reengineering 
program, re-authorized under Title V of the Department of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act of 1998.

D. Director, Office of Housing Assistance and Grant Administration

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct:
    (1) The general power to sign any documents necessary to perform 
enumerated functions and to waive any directive that is not mandated by 
a statute or regulation;
    (2) All functions necessary to carry out competitive capital 
advance programs; and
    (3) Only asset management functions related to the renewal of 
Section 8 contracts and other project-based assistance.

E. Director, Office of Housing Assistance Contract Administration 
Oversight

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to conduct the business of Section 8 contract 
administration and funding rental assistance programs as designated in 
Section II, in relation to the following functions:
    (1) The general power to sign any documents necessary to perform 
enumerated functions and waive any directive that is not mandated by a 
statute or regulation; and
    (2) All functions related to Section 8 Contract Administration and 
funding.

F. All Hub Directors, Operations Officers, and Program Center Directors

    The authority redelegated authorizes these officials to take all 
actions necessary to the conduct of all multifamily housing programs, 
not including the property disposition program, coinsurance program, 
portfolio reengineering program and, except as noted in the specific 
delegations below, the hospital and Title XI mortgage insurance 
programs. The authority is further limited in that it may only be 
exercised within each official's authorized geographic jurisdiction. 
Accordingly, the Hub Directors and Operations Officers may exercise the 
functions enumerated herein with the full geographic jurisdiction of 
their respective Hubs, which include all Program Center areas under 
their respective jurisdictions. The Hub Director for Project Management 
may only exercise the authority within the immediate ``program center'' 
jurisdiction of the Hub. The Program Center Director may only exercise 
authority within the geographic jurisdiction of the Program Center. The

[[Page 60184]]

authority redelegated permits the exercise of the following functions:
    (1) The general power to modify and sign any documents necessary to 
perform enumerated functions and to waive any directive that is not 
mandated by statute or regulation;
    (2) All production functions related to mortgage insurance, grant, 
or other multifamily housing insurance programs, and to endorse notes 
for mortgage insurance for loans issued under the hospital and Title XI 
mortgage insurance programs, except that Operations Officers and 
Program Center Directors cannot issue a firm commitment for mortgage 
insurance where the principal amount of the mortgage is in excess of 
$15 million;
    (3) All asset management functions related to mortgage insurance, 
grant, or other programs, except as follows:
    (a) Operations Officers and Program Center Directors cannot issue 
(i) a notice of violation under the terms of a regulatory agreement or 
(ii) a notice of default under the terms of a housing assistance 
contract.
    (b) Hub Directors, Operations Officers, and Program Center 
Directors cannot perform the following functions:
    (i) Authorize the acceleration of the principal debt of a mortgage;
    (ii) Terminate a rent supplement contract or rental assistance 
contract;
    (iii) Declare a default under an interest reduction payment 
contract;
    (iv) Authorize a partial payment of claim;
    (v) Authorize a mortgage modification;
    (vi) Authorize the override of a mortgage lockout provision;
    (vii) Authorize a prepayment of a HUD-insured or HUD-held mortgage, 
or voluntary termination of mortgage insurance, unless specifically 
authorized to do so by an express redelegation of authority from the 
Assistant Secretary for Housing or the General Deputy Assistant 
Secretary for Housing, setting forth any affected programs and terms 
and conditions applicable thereto.
    (4) All functions necessary to carry out competitive capital 
advance programs; and
    (5) All functions necessary to carry out a program conducted on a 
demonstration basis.
    (6) Hub Directors, but not Operations Officers and Program Center 
Directors, are authorized to carry out all source selection official 
functions for field-office based procurements, provided that the 
contract amount is less than $10 million.

G. Directors for Property Disposition Centers in the Atlanta, Georgia, 
and Fort Worth, Texas, Hubs Only

    Authority is redelegated, on a nationwide basis, to take all 
actions and perform all functions, including signing any documents in 
furtherance thereof and issuing waivers of directives not mandated by 
statute or regulation, necessary to conduct the multifamily property 
disposition program.

H. Hub Director, Operations Officer, and Program Center Director for 
the Greensboro, North Carolina, Hub Only

    Authority is redelegated, on a nationwide basis, to take all 
actions and to perform all functions, including signing any documents 
in furtherance thereof and issuing waivers of directives not mandated 
by statute or regulation, necessary to the conduct of the multifamily 
coinsurance program.

I. Hub Directors, Operations Officers, and Directors for Project 
Management in Buffalo, New York; Philadelphia, Pennsylvania; Atlanta, 
Georgia; Jacksonville, Florida; Columbus, Ohio; Fort Worth, Texas; 
Kansas City, Kansas; Denver, Colorado; San Francisco, California; and 
Seattle, Washington; and the Program Center Directors in Pittsburgh, 
Pennyslvania; Cleveland, Ohio; Houston, Texas; and Oklahoma City, 
Oklahoma, Only

    Authority is redelegated, on a nationwide basis, to take all 
actions and perform all functions, including signing documents in 
furtherance thereof and issuing waivers of directives not mandated by 
statute or regulation, necessary to conduct of the portfolio 
reengineering program authorized under Title V of the Department of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1998 (Pub. L. 106-65).

J. Director, Office of Insured Health Care Facilities

    Authority is redelegated, on a nationwide basis, to take all 
actions necessary to the conduct of the mortgage insurance program for 
hospitals including the exercise of the following functions:
    (1) The general power to sign any documents necessary to perform 
enumerated functions and to waive any directive that is not mandated by 
a statute or regulation;
    (2) All production functions, except that the authority to 
authorize commitments for mortgage insurance is subject to the prior 
authorization of the Assistant Secretary;
    (3) All asset management functions; and
    (4) All property disposition functions.

Section IV. Authority Excepted

    The authority redelegated in Sections III.A. through J does not 
include authority to issue or waive regulations, or to implement the 
authority contained in the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992 (12 U.S.C. 4501 et seq).

Section V. Further Redelegations

    The authority redelegated by the Assistant Secretary for Housing--
Federal Housing Commissioner and the General Deputy Assistant 
Secretary--Deputy Federal Housing Commissioner may not be further 
redelegated by the officials identified in Sections V.A. through V.J., 
except that a Hub Director may redelegate to, or withdraw from, any 
Supervisory Project Manager(s) or Senior Project Managers within his or 
her geographic jurisdiction, any of the authority delegated those 
managers under this notice, except the authority to issue waivers, or 
FHA conditional or firm mortgage insurance commitments, and to endorse 
FHA notes for insurance. Any such delegation, or withdrawal thereof, 
need not be published in the Federal Register, but shall be in writing 
and maintained for public inspection in the Hub, affected Program 
Center(s), and the Washington, DC, Headquarters Office of Multifamily 
Housing. If work is transferred from one Hub to another, the delegation 
must also be approved in writing by the Deputy Assistant Secretary or 
Associate Deputy Assistant Secretary for Multifamily Housing.

Section VI. Revocation of Delegations

    All prior redelegations of authority from the Assistant Secretary 
to staff in the Office of Multifamily Housing and in the OIHCF are 
hereby revoked and/or superseded. The Assistant Secretary for Housing--
Federal Housing Commissioner or the General Deputy Assistant Secretary 
for Housing-Deputy Federal Housing Commissioner may, at any time, 
revoke any of the authority redelegated in this notice. Notice of any 
revocation will be published in the Federal Register.

    Authority: Section 7(d), Department of Housing and Urban 
Development Act (42 U.S.C. 3535(d)).

    Dated: September 15, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
 [FR Doc. E6-16863 Filed 10-11-06; 8:45 am]
BILLING CODE 4210-67-P