[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Pages 37234-37237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15064]



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Vol. 77

Wednesday,

No. 119

June 20, 2012

Part III





Department of Housing and Urban Development





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Delegations of Authority for the Office of Housing--Federal Housing 
Administration (FHA); Notices

  Federal Register / Vol. 77 , No. 119 / Wednesday, June 20, 2012 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5557-D-01]


Consolidated Delegation of Authority for the Office of Housing--
Federal Housing Administration (FHA)

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of revocation and delegation of authority.

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SUMMARY: Section 7(d) of the Department of Housing and Urban 
Development (HUD) Act, as amended, authorizes the Secretary to delegate 
functions, powers, and duties as the Secretary deems necessary. In this 
delegation of authority, the Secretary delegates authority to the 
Assistant Secretary for Housing--Federal Housing Commissioner, the 
General Deputy Assistant Secretary for Housing--Deputy Federal Housing 
Commissioner, and the Associate General Deputy Assistant Secretary for 
Housing, for the administration of certain Office of Housing programs. 
This delegation revokes and supersedes all prior delegations of 
authority, including the delegation published on October 12, 2006.

DATES: Effective Date: June 5, 2012.

FOR FURTHER INFORMATION CONTACT: Laura M. Marin, Senior Advisor, Office 
of the Assistant Secretary for Housing--Federal Housing Commissioner, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 9100, Washington, DC 20410; telephone number 202-708-2601. (This 
is not a toll-free number.) Persons with hearing or speech impairments 
may call HUD's toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: This notice supersedes the prior 
consolidated delegation of authority dated September 15, 2006, and 
published on October 12, 2006 (71 FR 6013). First, the authority 
previously delegated to the Assistant Secretary for Housing--Federal 
Housing Commissioner (Assistant Secretary) and General Deputy Assistant 
Secretary for Housing--Deputy Federal Housing Commissioner (General 
Deputy Assistant Secretary), with regard to regulation of government-
sponsored enterprises (GSEs) under the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) 
(FHEFSSA), is no longer included in the delegations to the aforesaid 
officials. Except for certain fair housing oversight requirements 
retained by HUD, programmatic regulation of the GSEs was transferred to 
the Federal Housing Finance Agency by the Housing and Economic Recovery 
Act of 2008 (Pub. L. 110-289, approved July 30, 2008). The Secretary's 
authority for those oversight requirements has been delegated in a 
separate document to the Assistant Secretary for Fair Housing. Second, 
this delegation has been updated (in sections B through E) to include 
legislative authority enacted since the 2006 publication of 
consolidated delegations for the Office of Housing and includes a new 
overall category for risk management and regulatory functions and 
authorities. With respect to regulatory authorities, as of July 21, 
2011, the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(Pub. L. 111-203, approved July 21, 2010) transferred from the 
Department of Housing and Urban Development to a new Consumer Financial 
Protection Bureau, all powers and duties vested in HUD to carry out the 
Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601-2617); 
the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 
(Title V of Pub. L. 110-289, approved July 30, 2008); and the 
Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.). 
Nevertheless, HUD may be responsible for certain actions undertaken 
prior to the transfer date but not completed, or for other residual 
duties after the transfer of regulatory functions. As a result, this 
notice contains delegations of authority under the statutes cited 
above. Finally, the general delegation below includes the position of 
the Associate General Deputy Assistant Secretary for Housing.

Section A. General Delegation of Authority

    Unless otherwise stated, the Assistant Secretary and the General 
Deputy Assistant Secretary and the Associate General Deputy Assistant 
Secretary for Housing are each delegated the power and authority of the 
Secretary of HUD with respect to all housing programs and functions, 
including, but not limited to, those listed below in Sections B through 
E, with authority to redelegate to officials of the Department, unless 
otherwise specified. Except that, the authority to issue rules or 
regulations to carry out housing programs and to waive regulations is 
delegated to only the Assistant Secretary, and this authority may not 
be redelegated.

Section B. Multifamily, Healthcare, and Other Authority Delegated

    The authority of the Secretary of HUD with respect to Office of 
Housing's multifamily housing, healthcare, and certain other programs 
and functions that are authorized under the following:
    (1) Titles I, II, V, VI, VII, VIII, IX, and XI of the National 
Housing Act (12 U.S.C. 1701 et seq.) in exercising the power and 
authority delegated under this section;
    (2) Section 202 of the Housing Act of 1959, as such section existed 
prior to the enactment of the Cranston-Gonzalez National Affordable 
Housing Act (12 U.S.C. 1701q note), as amended by section 811 of the 
American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 
106-561);
    (3) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as 
amended by Subtitle A of Title VIII of the National Affordable Housing 
Act of 1990, with respect to the provision of capital advances and 
rental housing assistance for supportive housing for the elderly, as 
amended by Subtitle C of the American Homeownership and Economic 
Opportunity Act of 2000 (Pub. L. 106-561);
    (4) The Supportive Housing for the Elderly Act of 2010 (Pub. L. 
111-372);
    (5) Section 101 of the Housing and Urban Development Act of 1965 
(12 U.S.C. 1701s), with respect to the Rent Supplement program for 
disadvantaged persons, including the authority to administer contracts 
and requirements for rent supplements;
    (6) Section 8 Housing assistance under the United States Housing 
Act of 1937 (42 U.S.C. 1437, et seq.), including the authority 
delegated under Executive Order 11196 to approve the undertaking of any 
annual contribution, grant, or loan, or any agreement or contract for 
any annual contribution, grant, or loan;
    (7) Section 808 of the National Affordable Housing Act (Pub. L. 
101-625), and sections 671, 672, 674, 676, and 677 of the Housing and 
Community Development Act of 1992 (42 U.S.C. 13631), with respect to 
the provision of service coordinators in federally assisted housing;
    (8) Sections 201, 202, 203, and 204 of the Housing and Community 
Development Amendments of 1978, and the amendments contained in Title I 
of the Multifamily Housing Property Disposition Reform Act of 1994 
(Pub. L. 103-233, 12 U.S.C. 1701 note);
    (9) The Housing Development Grant Program, pursuant to Section 17 
of the United States Housing Act of 1937 (42 U.S.C. 1437o);
    (10) Section 4(d) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3533), which provides that the Assistant 
Secretary is the Assistant to the Secretary who shall be responsible 
for providing information

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and advice to nonprofit organizations desiring to sponsor housing 
projects assisted under programs administered by the Department;
    (11) The authority of the Secretary under the Revolving Fund for 
Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and 
otherwise take all actions necessary to protect the financial interest 
of the Secretary in properties as to which the Secretary is mortgagee-
in-possession; and to manage, repair, complete, remodel and convert, 
administer, dispose of, lease, sell, or exchange for cash or credit at 
public or private sale; and to pay annual sums in lieu of taxes on, 
obtain insurance against loss on, and otherwise deal with properties as 
to which the Secretary has acquired title based on a loan made under 
the former Section 312 Rehabilitation Loan Program;
    (12) The function of the Secretary under Section 7(i)(3) of the 
Department of Housing and Urban Development Act (42 U.S.C. 3535(i)(3)), 
concerning the sale, exchange, or lease of real or personal property 
and the sale or exchange of securities or obligations with respect to 
any multifamily project;
    (13) Title IV of the Housing and Community Development Amendments 
of 1978 (42 U.S.C. 8001, et seq.);
    (14) The authority to endorse any checks or drafts in payment of 
insurance losses on which the United States of America, acting by and 
through the Secretary or the Secretary's successors or assigns, is a 
payee (joint or otherwise) in connection with the disposition of the 
government's interest in property or lease of such property;
    (15) Section 2 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701t);
    (16) The Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 
3701-3717);
    (17) The authority to act as an Attesting Officer with 
authorization to cause the seal of the Department of Housing and Urban 
Development to be affixed to such documents as may require its 
application and to certify that a copy of any book, record, paper, 
microfilm, electronic document, or any other document is a true copy of 
that in the files of the Department;
    (18) The Congregate Housing Services Program under Section 802 of 
the National Affordable Housing Act (42 U.S.C. 8011);
    (19) The HOPE for Homeownership of Multifamily Units Program under 
Title IV, Subtitle B, of the National Affordable Housing Act (42 U.S.C. 
12701, 12871);
    (20) The Multifamily Risk Sharing Programs pursuant to Section 542 
of the Housing and Community Development Act of 1992 (Pub. L. 102-550, 
October 28, 1992);
    (21) Title II of the Housing and Community Development Act of 1987 
(12 U.S.C. 1715 note), and the Emergency Low-Income and Housing 
Preservation Act of 1987 (ELIHPRA), as each is amended by Subtitle A of 
Title VI of the National Affordable Housing Act (12 U.S.C. 4101 et 
seq.) and the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990 (LIHPRA), as further amended by Title III of 
the Housing and Community Development Act of 1992 (12 U.S.C. 4141 et 
seq.);
    (22) Section 811 of Subtitle B of Title VIII of the National 
Affordable Housing Act of 1990 (42 U.S.C. 8013), with respect to the 
provision of capital advances and rental housing assistance for 
supportive housing for persons with disabilities as amended by 
Subsection C of Title VIII of the American Homeownership and Economic 
Opportunity Act of 2000 (Pub. L. 106-569) and further amended by 
sections 2 and 3 of the Frank Melville Supportive Housing Investment 
Act of 2010 (Pub. L. 111-374);
    (23) Section 581 of the National Affordable Housing Act of 1990 
(Pub. L. 101-625) and Chapter 2, Subtitle C of Title V of the Anti-Drug 
Abuse Act of 1988 (42 U.S.C. 1190 et seq.), relating to the federally 
assisted low-income housing drug elimination program;
    (24) The Portfolio Reengineering Demonstration Program authorized 
under Sections 211 and 212 of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1997 (Pub. L. 104-204, 110 Stat. 2874, approved September 26, 
1997), as reauthorized and amended by Section 522(b) of the Departments 
of Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1998 (Pub. L. 105-65, 111 Stat. 1344, 
1446, approved October 27, 1997) (42 U.S.C. 1437f note); all provisions 
of the Mark-to-Market Extension Act of 2001 (Title VI of Pub. L. 107-
116); and all provisions of the Multifamily Assisted Housing Reform and 
Affordability Act (MAHRA) (42 U.S.C. 1437f note);
    (25) The authority to take actions necessary to ensure that 
participants in HUD programs under the jurisdiction of the Assistant 
Secretary for Housing comply with the regulations, rules, and 
procedures of the Department including, but not limited to, imposing 
limited denials of participation;
    (26) The Rental Assistance Program authorized by Section 236 of the 
National Housing Act (12 U.S.C. 1715z-1);
    (27) The Rural Health Care Capital Access Act of 2006 (Pub. L. 109-
240);
    (28) The Preservation Approval Process Improvement Act of 2007 
(Pub. L. 110-35);
    (29) The FHA Loan Limit Adjustment Act of 2003, as contained in 
Section 302 of Public Law 108-186;
    (30) Sections 2832, 2834, and 2835(b) of Title VIII, Subtitle B, of 
the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289);
    (31) The management and disposition of HUD-owned multifamily 
projects and HUD-held mortgages and the provision of grants and loans, 
as provided under Section 204(a) of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997 (Pub. L. 104-204) (12 U.S.C. 1715z-11a);
    (32) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u);
    (33) Relating to the Assistant Secretary only, without the power to 
redelegate, the authority to issue regulations under Section 7(d) of 
the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)) 
and to waive regulations under Section 7(q)(2) of the Department of 
Housing and Urban Development Act (42 U.S.C. 3535(q)(2));
    (34) The authority to foreclose mortgages, sell foreclosed 
properties, and modify terms of contract pursuant to Section 7(i) of 
the Department of Housing and Urban Development Act;
    (35) The authority to establish fees and charges pursuant to 
Section 7(j) of the Department of Housing and Urban Development Act (42 
U.S.C. 3535(j));
    (36) The authority to accept voluntary services pursuant to Section 
7(k) of the Department of Housing and Urban Development Act (42 U.S.C. 
3535(k));
    (37) The authority to carry out the provisions of the Legacy Act of 
2003 (Pub. L. 108-186);
    (38) The authority to appoint a Special Assistant for Cooperative 
Housing pursuant to section 102(h) of the Housing Amendments of 1955 
(12 U.S.C. 1715e note); and
    (39) The Self-Help Housing Property Disposition Program authorized 
under the Federal Property and Administrative Services Act of 1949, as 
amended by Public Law 105-50, approved October 6, 1997 (40 U.S.C. 
550(f)).

Section C. Single Family and Other Authority Delegated

    (1) The authority of the Secretary of HUD with respect to the 
Office of

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Housing's single-family housing and certain other programs, including 
regulatory programs, and functions, and the authority with respect to 
mortgagee activities (including Title I lenders) for single family 
programs of Titles I, II, V, VI, VIII, and IX of the National Housing 
Act (12 U.S.C. 1701 et seq.);
    (2) The HOPE for Homeowners Act of 2008, as contained in Division 
A, Title IV, of the Housing and Economic Recovery Act of 2008 (Pub. L. 
110-289), as amended by section 202 of the Helping Families Save their 
Homes Act of 2009 (Pub. L. 111-22);
    (3) Section 203 of the Helping Families Save their Homes Act of 
2009 (Pub. L. 111-22);
    (4) The authority to sell, exchange, or lease real or personal 
property and to sell or exchange securities of obligation with respect 
to any single-family property pursuant to Section 7(i)(3) of the 
Department of Housing and Urban Development Act;
    (5) The authority to endorse any checks or drafts in payment of 
insurance losses on which the United States of America, acting by and 
through the Secretary or his/her successors or assigns, is a payee 
(joint or otherwise), in connection with the disposition of the 
government's interest in property or lease of such property;
    (6) The authority of the Secretary under the Revolving Fund for 
Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and 
otherwise take all actions necessary to protect the financial interest 
of the Secretary in properties as to which the Secretary is mortgagee-
in-possession and to manage, repair, complete, remodel and convert, 
administer, dispose of, lease, sell, or exchange for cash or credit at 
public or private sale, pay annual sums in lieu of taxes on, obtain 
insurance against loss on, and otherwise deal with properties as to 
which the Secretary has acquired title based on a loan under the former 
Section 312 Rehabilitation Loan Program;
    (7) The Nehemiah Housing Opportunity grant program in Sections 609-
613 of the Housing and Community Development Act of 1987 (12 U.S.C. 
1715e);
    (8) The authority to take actions necessary to ensure that 
participants in HUD programs comply with regulations, rules, and 
procedures of the Department including, but not limited to, imposing 
limited denials of participation;
    (9) Relating to the Assistant Secretary only, without the power to 
redelegate, the authority to issue regulations under Section 7(d) of 
the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)) 
and to waive regulations under Section 7(q)(2) of the Department of 
Housing and Urban Development Act (42 U.S.C. 3535(q)(2));
    (10) The authority to carry out sections 1451(a) and (b) of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010;
    (11) Section 106 of the Housing and Urban Development Act of 1968 
(12 U.S.C. 1701x); and
    (12) The authority to implement and administer the Emergency 
Homeowners' Loan Program within the Emergency Homeowners' Relief Act, 
as amended (12 U.S.C. 2701 et seq.), in cooperation with HUD's Office 
of Policy Development and Research and HUD's Office of the Chief 
Financial Officer.

Section D. Financial Operations and Management Controls--Authority 
Delegated

    (1) The authority to provide financial management for programs 
administered by the Assistant Secretary;
    (2) The authority to formulate and develop financial management and 
internal control policies; to oversee compliance by the Office of 
Housing and Federal Housing Administration (FHA) with OMB Circulars A-
123 (Management and Accountability Control), A-127 (Financial 
Management Systems), and A-130 (Federal Information Resources) as they 
apply to Housing and FHA financial and program operations; to establish 
and supervise the development and execution of uniform Office of 
Housing and FHA policies, principles, and procedures necessary for 
financial management; to issue directions that implement these policies 
and modifications to existing products;
    (3) The authority to maintain the FHA General Ledger and the chart 
of accounts of the FHA funds;
    (4) The authority to establish and maintain appropriate financial 
management controls over Office of Housing and FHA programs; to provide 
technical guidance to organizational elements under the Assistant 
Secretary in the field of accounting and fiscal matters; to track 
Office of Housing and FHA financial activities against the budget and 
business plan; to coordinate the development and maintenance of 
integrated financial management systems needed for accounting and 
management of housing and FHA programs;
    (5) The authority to prepare reports; to report to the Assistant 
Secretary, other offices, the Department's Chief Financial Officer, and 
HUD regional and field staff on the financial condition of FHA mortgage 
insurance programs; to publish an annual FHA report reflecting prior 
year accomplishments and the audited financial statements; and to 
prepare internal reports on the financial condition of Office of 
Housing and FHA programs;
    (6) The authority to develop and maintain integrated financial 
management systems, and to direct studies and audits of the accounting 
and financial information and systems functions;
    (7) The authority to prepare and execute policies and systems to 
measure the financial and actuarial soundness of Office of Housing and 
FHA programs; and to ensure the conduct of an independent annual audit 
of the FHA program financial statements;
    (8) The authority to obtain reports, information, advice, and 
assistance in carrying out assigned functions; and to develop financial 
management information to assist in developing budget, financial, 
accounting, and cost-accounting information on a timely basis;
    (9) The authority to direct the investment of money held in the 
various Office of Housing/FHA insurance funds that is not needed for 
current operations, in bonds or other obligations of the United States, 
or in bonds or other obligations whose principal and interest is 
guaranteed by the United States; and
    (10) The authority to borrow funds from the Department of the 
Treasury to facilitate credit reform programs.

Section E. Risk Management and Regulatory Functions--Authority 
Delegated

    (1) To establish, impose, and maintain all appropriate risk 
management policies, activities, and controls for programs carried out 
by the Assistant Secretary, including analyzing the risk profile of 
individual programs, carrying out risk management and evaluation 
functions, performing front-end risk assessments prior to 
implementation of programs, and implementing the regulatory requirement 
contained in section 941(b) of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act of 2010 relating to risk retention regulations;
    (2) The Interstate Land Sales Full Disclosure Act, Title XIV of the 
Housing and Urban Development Act of 1968 (15 U.S.C. 1701, et seq.), as 
proscribed by sections 1062, 1063, and 1064 of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203);
    (3) The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 
2601, et seq.), as proscribed by sections 1062, 1063, and 1064 of the 
Dodd-Frank Wall

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Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203);
    (4) The Secure and Fair Enforcement for Mortgage Licensing Act of 
2008, as contained in Division A, Title V, of the Housing and Economic 
Recovery Act of 2008 (Pub. L. 110-289), and proscribed by sections 
1062, 1063, and 1064 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act of 2010 (Pub. L. 111-203); and
    (5) All matters and requirements of the National Manufactured 
Housing Construction and Safety Standards Act of 1974 and Title VI of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5401-
5426).

Section F. Authority Excepted

    Authority excepted from this delegation of authority from the 
Secretary of Housing and Urban Development to the Assistant Secretary 
and the General Deputy Assistant Secretary and the Associate General 
Deputy Assistant Secretary for Housing is the authority to sue and be 
sued.

Section G. Conclusive Evidence of Authority

    The execution of any instrument or document, which purports to 
relinquish or transfer the Secretary's right to, title to, or interest 
in, real or personal property, by an employee of the Department of 
Housing and Urban Development or other official or officials to whom 
the Secretary's authority under section 204(g) of the National Housing 
Act is delegated under this notice shall be conclusive evidence of the 
authority of such employee to act for the Secretary in executing such 
instrument or document.

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

    Dated: June 5, 2012.
Shaun Donovan,
Secretary.
[FR Doc. 2012-15064 Filed 6-19-12; 8:45 am]
BILLING CODE 4210-67-P