[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Notices]
[Pages 68439-68441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27285]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5268-D-01]


Consolidated Delegation of Authority to the General Counsel

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority.

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SUMMARY: On January 31, 1989, HUD published a notice of delegation of 
authority that became effective January 19, 1989. That delegation, from 
the

[[Page 68440]]

Secretary of HUD to the General Counsel, consolidated and updated past 
delegations. Since the January 31, 1989, publication, additional 
delegations and updates have been issued and published independently. 
In order to provide greater guidance to the public concerning 
Secretarial delegations of authority to the General Counsel, this 
delegation of authority consolidates all delegations to the General 
Counsel within and since the January 31, 1989, Federal Register notice.

EFFECTIVE DATE: November 3, 2008.

FOR FURTHER INFORMATION CONTACT: John P. Opitz, Associate General 
Counsel, Office of Finance and Regulatory Compliance, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 9256, Washington, DC 20410-0500, telephone number 202-402-
5178. (This is not a toll-free number.) Individuals with speech or 
hearing impairments may access this number through TTY by calling 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    This notice consolidates into one document the authority delegated 
by the Secretary to the General Counsel and supersedes all prior 
delegations of authority from the Secretary to the General Counsel. 
This consolidated delegation of authority restates existing authority 
currently delegated by the Secretary to the General Counsel and does 
not provide the General Counsel with any new authority. Published 
elsewhere in today's Federal Register is a redelegation of authority 
from the General Counsel to subordinate employees within the Office of 
General Counsel.
    In addition to the authority published in today's consolidated 
delegation of authority, the Secretary has delegated other authorities 
to the General Counsel by regulation. These delegations include:
    1. Naming the General Counsel as HUD's Designated Agency Ethics 
Official; 5 CFR 7501.
    2. Authorizing the General Counsel, and in some instances, the 
appropriate Associate General Counsel or Regional Counsel, to respond 
to subpoenas and or other demands from the courts or other authorities; 
24 CFR part 15.
    3. Designating the General Counsel as the source selection 
authority for the procurement of outside legal services through either 
the lowest price technically acceptable or tradeoff process; 48 CFR 
2415.303(a)(3).
    4. Designating the General Counsel as a responsible official to 
ensure the implementation of the policies of the National Environmental 
Policy Act (NEPA) and other environmental requirements of the 
Department, including the performance of the responsibilities of an 
Environmental Clearance Officer pursuant to 24 CFR 50.10(a), 50.16.
    5. Authorizing the General Counsel, as set forth in 24 CFR parts 
103 and 180, to exercise authority pertaining to civil rights statutes, 
including the Fair Housing Act, 42 U.S.C. 3601 et seq.; Section 504 of 
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 et seq.; the 
Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; and 
Section 109 of the Housing and Community Development Act of 1974, as 
amended, 42 U.S.C. 5301 et seq.
    6. Authorizing the General Counsel to initiate a civil money 
penalty action pursuant to Sections 102 and 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a(c), 
3545); 24 CFR part 4 in accordance with the provisions of 24 CFR part 
30.
    7. Authorizing the General Counsel to appoint, and fix the 
compensation of a foreclosure commissioner or commissioners and 
alternate commissioners, in accordance with the Multifamily Mortgage 
Foreclosure Act of 1981 (12 U.S.C. 3701 et seq.); 24 CFR 27.10.
    HUD's Program Assistant Secretaries have also delegated authority 
to the General Counsel. The Assistant Secretary for Housing--Federal 
Housing Commissioner has delegated authority to the General Counsel to 
issue a notice of violation under the terms of a regulatory agreement; 
to issue a notice of default under the terms of housing assistance 
payments contracts (HAPs); to impose civil money penalties, and to take 
all actions permitted under 24 CFR 30.36, 30.45, and 30.68. (71 FR 
60168, October 12, 2006).
    Section 30.36 of HUD's regulations (24 CFR 30.36) authorizes the 
Assistant Secretary for Housing--Federal Housing Commissioner, or 
designee, to initiate civil money penalty action against any principal, 
officer, or employee of a mortgagee or lender, or other participant or 
any provider of assistance to a borrower in connection with any such 
mortgage or loan, including: Sellers, borrowers, closing agents, title 
companies, real estate agents, mortgage brokers, appraisers, loan 
correspondents, dealers, consultants, contractors, subcontractors, and 
inspectors.
    Section 30.45 of HUD's regulations (24 CFR 30.45) authorizes the 
Assistant Secretary for Housing--Federal Housing Commissioner, or 
designee, to initiate civil money penalty action against any mortgagor 
of a multifamily property with a mortgage insured, co-insured, or held 
by the Secretary, pursuant to Title II of the National Housing Act or 
to Section 202 of the Housing Act of 1959.
    Section 30.68 of HUD's regulations (24 CFR 30.68) authorizes the 
Assistant Secretary for Housing--Federal Housing Commissioner, or 
designee, to initiate civil money penalty action against any owner, 
general partner of a partnership, or agent employed to manage the 
property that has an identity of interest with the owner or general 
partner receiving project-based assistance under Section 8 of the 
United States Housing Act of 1937 for a knowing and material breach of 
HAP contracts.

Section A. Authority

    The Secretary of Housing and Urban Development hereby delegates the 
following authorities to the General Counsel:
    1. To interpret the authority of the Secretary and to determine 
whether the issuance of any rule, regulation, statement of policy, or 
standard promulgated by HUD is consistent with that authority.
    2. To direct all litigation affecting HUD and to sign, acknowledge, 
and verify on behalf of and in the name of the Secretary all 
declarations, bills, petitions, pleas, complaints, answers, and other 
pleadings in any court proceeding brought in the name of or against the 
Secretary or in which the Secretary is a named party.
    3. To direct the referral of cases and other matters to the 
Attorney General for appropriate legal action and to transmit 
information and material pertaining to the violation of law or HUD 
rules and regulations. There are excepted from this authority, however, 
those referrals and transmittals that the Inspector General is 
authorized to make by law or by delegation of authority.
    4. To accept, on behalf of the Secretary, service of all summons, 
subpoenas, and other judicial, administrative, or legislative processes 
directed to the Secretary or to an employee of HUD in an official 
capacity, and to execute affidavits asserting HUD's deliberative 
process privilege.
    5. Where not inconsistent with other regulations pertaining to 
proceedings before administrative law judges, to approve the issuance 
of subpoenas or interrogatories pertaining to investigations for which 
responsibility is vested in the Secretary.
    6. To consider, ascertain, adjust, determine, compromise, allow, 
deny, or otherwise dispose of claims under the Federal Tort Claims Act, 
28 U.S.C.

[[Page 68441]]

1346(b), 2671 et seq. and the Military Personnel and Civilian 
Employees' Claims Act of 1974, 31 U.S.C. 3721 et seq.
    7. To act upon the appeals and issue final determinations on 
appeals of denial of access or record correction under the Privacy Act 
of 1974, except appeals regarding records maintained by the Office of 
Inspector General (Pub. L. 93-579), 5 U.S.C. 552(c).
    8. To make written requests, for purposes of civil or criminal law 
enforcement activities, to other agencies for the transfer of records 
or copies of records maintained by such agencies under subsection 
(b)(7) of the Privacy Act of 1974, as amended (5 U.S.C. 552a(b)(7)).
    9. To act upon appeals under the Freedom of Information Act, 5 
U.S.C. 552, except appeals from decisions of the Office of Inspector 
General.
    10. To appoint a foreclosure commissioner or commissioners, or a 
substitute foreclosure commissioner to replace a previously designated 
foreclosure commissioner under Section 805 of the Single Family 
Mortgage Foreclosure Act of 1994, 12 U.S.C. 3754; the power to fix 
compensation for the foreclosure commissioner under Section 812 of the 
Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3761; and to 
promulgate regulations necessary to carry out the provisions of the 
Single Family Mortgage Foreclosure Act.
    11. To make determinations and certifications required under 
Section 1114 of the Right to Financial Privacy Act, 12 U.S.C. 3401, et 
seq.
    12. To designate authorized officials to exercise the powers or 
perform the duties of the General Counsel, through an order of 
succession (subject to the provisions of the Federal Vacancies Reform 
Act of 1998, 5 U.S.C. 3345-3349d), during any period when, by reason of 
absence, disability, or vacancy in office, the General Counsel for HUD 
is not available.
    13. To serve as an Attesting Officer and to cause the seal of HUD 
to be affixed to such documents as may require its application and to 
certify that a copy of any book, paper, microfilm, or other document is 
a true copy of that in the files of HUD.
    14. To act as the designated official under Section 5(a) of 
Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights, issued March 15, 1987, (53 
FR 8859, March 18, 1988) consistent with Executive Order 13406, 
Protecting the Property Rights of the American People, issued June 23, 
2006 (71 FR 36973, June 28, 2006).
    15. To make determinations of federalism implications, preemption, 
or the need for consultations with state and local officials as 
required by Executive Order 13131, Federalism, issued August 4, 1999 
(64 FR 43255, August 10, 1999).

Section B. Authority To Redelegate

    The General Counsel is authorized to redelegate to employees of HUD 
any of the authority delegated under Section A above.

Section C. Authority Superseded

    This delegation supersedes all previous delegations of authority 
from the Secretary to the General Counsel including, but not limited 
to, those listed below:
    1. 45 FR 67779 (October 14, 1980) [Docket No. D-80-623], as amended 
by 54 FR 4913 (January 31, 1989) [Docket No. D-89-893; FR-2595];
    2. 54 FR 4913 (January 31, 1989) [Docket No. D-89-893; FR-2595];
    3. 54 FR 13121 (March 30, 1989) [Docket No. D-89-894; FR-2614];
    4. 54 FR 46654 (November 6, 1989) [Docket No. D-89-893, FR-2595];
    5. 56 FR 52557 (October 21, 1991) [Docket No. D-91-963; FR-3170-D-
01];
    6. 58 FR 8057 (February 11, 1993) [Docket No. D-93-1017; FR-3445-D-
01];
    7. 59 FR 9761 (March 1, 1994) [Docket No. D-94-1051; FR-3667-D-01];
    8. 59 FR 39955 (August 5, 1994) [Docket No. R-94-1744; FR-3754-F-
01];
    9. 59 FR 53522 (October 24, 1994) [Docket No. D-94-1075; FR-3791-D-
01];
    10. 60 FR 57526 (November 15, 1995) [Docket No. FR-3951-D-01];
    11. 61 FR 50215 (September 24, 1996) [Docket No. FR-4022-F-02];
    12. 61 FR 53382 (October 11, 1996) [Docket No. FR-4147-D-01], as 
amended by 68 FR 37170 (June 23, 2003) [Docket No. FR-4837-D-36]; and
    13. 68 FR 41840 (July 15, 2003) [Docket No. FR-4837-D-33].

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

    Dated: November 3, 2008.
Steven C. Preston,
Secretary.
[FR Doc. E8-27285 Filed 11-17-08; 8:45 am]
BILLING CODE 4210-67-P