Consolidated Delegation of Authority for the Office of Housing-Federal-Housing Administration (FHA), 60169-60173 [E6-16857]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60169-60173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16857]



[[Page 60169]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5076-D-05]


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: This notice supersedes the 2003 consolidated delegation of 
authority to the Assistant Secretary for Housing--Federal Housing 
Commissioner and the General Deputy Assistant Secretary for Housing--
Deputy Federal Housing Commissioner, published on August 20, 2003. This 
delegation supersedes and/or revokes all prior delegations from the 
Secretary to the Assistant Secretary for Housing--Federal Housing 
Commissioner. Additionally, the authority now being delegated applies 
not only to current statutory authorities, but also to later-enacted 
statutes and statutory amendments that pertain to the legislative acts 
cited in the delegation.

DATES: Effective Date: September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to 
the Assistant Secretary for Housing--Federal Housing Commissioner, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 9110, Washington, DC 20410-8000; telephone 
(202) 708-1490. (This is not a toll-free number.) Persons with hearing 
or speech impairments may call HUD's toll-free Federal Information 
Relay Service at 1-(800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice supersedes and specifically 
amends in two ways the prior consolidated delegation of authority 
issued on August 11, 2003, and published on August 20, 2003 (68 FR 
50157). First, it clarifies the nature and scope of the authority 
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) in relation to the 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). That authority continues to be set forth in Subpart E of 
this delegation of authority. In addition, the delegation has been 
updated (in a new section (32) under Subpart B) to include more 
recently issued authority, the Legacy Act of 2003 (Public Law 108-186), 
which was enacted by Congress in December 2003. Finally, section (23) 
of Subpart B has been updated to indicate that the Assistant Secretary 
is responsible for carrying out the provisions of the Multifamily 
Assisted Housing Reform and Affordability Act (MAHRA) (42 U.S.C. 1437f 
note). In connection with the latter authority, the Secretary issued a 
redelegation of authority to the Assistant Secretary effective October 
1, 2004 (69 FR 62070, October 22, 2004), while also revoked authority 
previously redelegated to the Director of the Office of Multifamily 
Housing Assistance Restructuring, whose office was terminated on 
September 30, 2004.
    Subpart E of the 2003 consolidated delegation of authority for the 
Office of Housing referred the reader to a delegation of authority 
concerning the regulation of the GSEs that was published on February 
12, 1999, at 64 FR 7406. However, that 1999 delegation was unclear 
about the functions that were delegated to the Assistant Secretary 
regarding determinations whether mortgage data and information received 
from the GSEs were proprietary or were releasable to the public. This 
notice makes clear that the Secretary has delegated, to the Assistant 
Secretary and the General Deputy Assistant Secretary, the portion of 
the Secretary's general regulatory authority that gives the Secretary 
the authority to make determinations regarding whether any activity of 
a GSE is or is not authorized under its Charter Act and to request that 
the Director of the Office of Federal Housing Enterprise Oversight take 
action against a GSE that has engaged, is engaging, or is about to 
engage in any activity that is not authorized under its Charter Act. 
Authority is also delegated to the Assistant Secretary and the General 
Deputy Assistant Secretary to determine whether mortgage data or other 
information provided to HUD by Fannie Mae or Freddie Mac are 
proprietary or publicly releasable and to issue any rule, regulation, 
order, notice, letter, or other document regarding such determinations 
as may be necessary.
    HUD is also publishing a separate delegation of authority to the 
Assistant Secretary for Fair Housing, of all the power and authority 
under the fair housing provisions of FHEFSSA set forth at 12 U.S.C. 
4545, and in HUD's regulations at 24 CFR part 81, subpart C.

Section A. General Delegation of Authority

    Unless otherwise stated, the Assistant Secretary and the General 
Deputy Assistant Secretary 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 employees of the 
Department, unless otherwise specified. Only the Assistant Secretary, 
however, is delegated the authority to issue rules or regulations to 
carry out housing programs and to waive regulations. This authority may 
not be redelegated. The Assistant Secretary, as well as other Office of 
Housing officials, are authorized to cause the seal of HUD to be 
affixed to, and to authenticate copies of documents. The authority to 
affix the seal and authenticate copies of documents is also addressed 
in a separate delegation of authority. Finally, the authority delegated 
herein supersedes and revokes prior delegations from the Secretary to 
the Assistant Secretary and applies both to current authority and later 
enacted statutory authority.

Section B. Multifamily Programs--Authority Delegated

    The authority of the Secretary of HUD with respect to the Office of 
Housing's multifamily housing 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) 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

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persons, including the authority to administer contracts and 
requirements for rent supplements;
    (5) 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;
    (6) Section 808 of the National Affordable Housing Act (Public Law 
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;
    (7) 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);
    (8) The Housing Development Grant Program, pursuant to Section 17 
of the United States Housing Act of 1937 (42 U.S.C. 1437o);
    (9) 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 and advice to nonprofit organizations desiring to sponsor 
housing projects assisted under programs administered by the 
Department;
    (10) 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 made under the 
former Section 312 Rehabilitation Loan Program;
    (11) 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;
    (12) Title IV of the Housing and Community Development Amendments 
of 1978 (42 U.S.C. 8001, et seq.);
    (13) 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;
    (14) Section 2 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701t);
    (15) The Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 
3701-3717);
    (16) 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;
    (17) The Congregate Housing Services Program under Section 802 of 
the National Affordable Housing Act (42 U.S.C. 8011);
    (18) 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);
    (19) The Multifamily Risk Sharing Programs pursuant to Section 542 
of the Housing and Community Development Act of 1992 (Public Law 102-
550, October 28, 1992);
    (20) 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 amended by Subtitle A of Title 
VI of the National Affordable Housing Act (12 U.S.C. 4101 et seq.), 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.);
    (21) 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);
    (22) 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;
    (23) 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 re-authorized 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);
    (24) 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 and acting as the debarring official in proceedings under 
part 24 of Title 24 of the Code of Federal Regulations;
    (25) The Rental Assistance Program authorized by Section 236 of the 
National Housing Act (12 U.S.C. 1715z-1);
    (26) 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 (Public Law 104-204) (12 U.S.C. 1715z-11a);
    (27) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u);
    (28) 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));
    (29) The authority to administer the provisions of Section 7(i) of 
the Department of Housing and Urban Development Act (42 U.S.C. 
3535(i)), relating but not limited to the foreclosure of mortgages, 
sales of foreclosed properties, and the modification of terms of the 
contracts;

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    (30) The authority to administer the provisions of Section 7(j) of 
the Department of Housing and Urban Development Act (42 U.S.C. 
3535(j)), relating to the establishment of fees and charges;
    (31) The authority to administer the provisions of Section 7(k) of 
the Department of Housing and Urban Development Act (42 U.S.C. 
3535(k)), relating to the acceptance of voluntary services;
    (32) The authority to administer the provisions of the Legacy Act 
of 2003 (Pub. L. 108-186).

Section C. Single Family Programs--Authority Delegated

    The authority of the Secretary of HUD with respect to the Office of 
Housing single family housing programs and functions, and the authority 
with respect to mortgagee activities (including Title I lenders) for 
single family programs of the following:
    (1) Titles I, II, V, VI, VIII, and IX of the National Housing Act 
(12 U.S.C. 1701 et seq.);
    (2) Section 106 of the Housing and Urban Development Act of 1968 
(12 U.S.C. 1701x);
    (3) 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.);
    (4) The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 
2601, et seq.);
    (5) The authority to prescribe standards for designs, construction, 
and alteration of structures for programs (other than public housing 
programs) prescribed under the National Housing Act (12 U.S.C. 1701 et 
seq.);
    (6) To approve or disapprove variances from the design or 
construction standards for all programs (other than public housing 
programs) under the National Housing Act (12 U.S.C. 1701, et seq.);
    (7) The authority to evaluate and determine the technical 
suitability of housing products and materials under Section 21 of the 
National Housing Act (12 U.S.C. 1735e), and to issue engineering and 
technical bulletins governing the acceptability of housing system 
components, materials, and methods of construction;
    (8) 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);
    (9) To convey and execute deeds of conveyance, deeds of release, 
assignments, satisfactions of mortgages, and any other written 
instrument relating to real or personal property or any interest 
therein, heretofore, or hereafter acquired by the Secretary pursuant to 
the National Housing Act (12 U.S.C. 1701, et seq.);
    (10) To perform the functions 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 single family property;
    (11) 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;
    (12) The authority of the Secretary under the Revolving Funds 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;
    (13) 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 one 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;
    (14) The Nehemiah Housing Opportunity grant program in Sections 
609-613 of the Housing and Community Development Act of 1987 (12 U.S.C. 
1715e);
    (15) 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 and acting as the debarring official in proceedings under 
part 24 of Title 24 of the Code of Federal Regulations (24 CFR part 
24);
    (16) 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);
    (17) 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)).

Section D. Financial Operations and Management Controls-Authority 
Delegated

    (1) To provide financial management for programs administered by 
the Assistant Secretary;
    (2) 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 Housing and FHA 
policies, principles, and procedures necessary for financial 
management; to issue directions that implement these policies and 
modification to existing products;
    (3) To maintain the FHA General Ledger and the chart of accounts of 
the FHA funds;
    (4) To establish and maintain appropriate financial management 
controls over 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 Housing and FHA financial 
activities against the budget and business plan; and to coordinate the 
development and maintenance of integrated financial management systems 
needed for accounting and management of housing and FHA programs;
    (5) To prepare reports; to report to the Assistant Secretary, other 
offices, the Department's Chief Financial Officer, and other HUD 
Regional and Field staff on the financial condition of FHA mortgage 
insurance programs (including actual and projected cash flows, 
accounting and performance reports, program effectiveness controls, and 
insurance reserves analyses); 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;

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    (6) To develop and maintain integrated financial management 
systems; and to direct studies and audits of the accounting and 
financial information and systems functions;
    (7) 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) 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) 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 guaranteed as to principal and interest by the United 
States;
    (10) To borrow funds from the Treasury to facilitate credit reform 
programs.

Section E. Regulations of Government-Sponsored Enterprises (GSEs)-
Authority Delegated

    (1) With the exception of the income adjustments and determinations 
under 12 U.S.C. 4502(8)(B), (9), (10)(B), and (19)(B), and the 
authority and power provided to Administrative Law Judges under 24 CFR 
81.82(b)(2) and (b)(3), 81.83(d)(3)-(4), and 81.84, the Secretary 
delegates to the Assistant Secretary and the General Deputy Assistant 
Secretary all the power and authority with respect to housing goal 
activities in 12 U.S.C. 4541 and 4561-89 including, but not limited to: 
monitoring the GSEs' performance under the housing goals and special 
affordable subgoals, and enforcing compliance with the housing goals 
and special affordable subgoals, including determining whether a GSE 
has failed, or is likely to fail, to meet a housing goal; providing 
written notices to the GSEs of failure or substantial probability of 
failure to meet a goal; extending response periods for the GSEs; 
requiring a housing plan; providing required notices to Congress under 
the housing goal provisions; reviewing housing plans; approving and 
disapproving housing plans; monitoring compliance with housing plans; 
issuing cease-and-desist orders and imposing civil money penalties; 
requesting the Attorney General to bring actions; settling and 
depositing civil money penalties; and making orders and agreements 
publicly available.
    (2) With the exception of the authority and power provided to 
Administrative Law Judges under 24 CFR 81.82(b)(2) and (b)(3), 
81.83(d)(3)-(4), and 81.84, the Secretary delegates to the Assistant 
Secretary and the General Deputy Assistant Secretary all the power and 
authority with respect to prior approval of new programs under 12 
U.S.C. 4542 including, but not limited to: requiring under 24 CFR 81.52 
that GSEs submit information about a program and requiring that GSEs 
submit new program requests; approving and disapproving new program 
requests; and extending the period for programs of review.
    (3) With the exception of the authority and power provided to 
Administrative Law Judges under 24 CFR 81.82(b)(2) and (b)(3), 
81.83(d)(3)-(4), and 81.84, the Secretary delegates to the Assistant 
Secretary and the General Deputy Assistant Secretary all the power and 
authority with respect to reporting activities in 12 U.S.C. 1456(e)-
(f), 1723a(m)-(n), and 4547, and under 24 CFR 81.102, including but not 
limited to: determining the form of data submitted; requiring the 
submission of additional data; requiring additional reports and other 
information concerning GSE activities; requiring the GSEs to provide 
data underlying any of the reports required under 24 CFR part 81 and to 
conduct additional analyses concerning any report required under 24 CFR 
part 81; to independently verify the accuracy and completeness of data, 
information, and reports provided by each GSE, including conducting on-
site verification when such steps are reasonably related to determining 
whether a GSE is complying with 12 U.S.C. 4541-4589 and the GSE's 
Charter Act; determining whether a GSE has failed to provide the 
certification required under 24 CFR 81.102(b); determining whether a 
GSE's year-end data contains any errors, omissions, or discrepancies 
and, if so, if a GSE fails to correct or resolve each error, omission, 
or discrepancy, making appropriate adjustments to a GSE's year-end data 
and taking additional enforcement action against a GSE for any material 
error, omission, or discrepancy in its year-end data under 24 CFR 
81.102(c); determining whether there are any errors, omissions, or 
discrepancies in a GSE's data for a prior year; requiring a GSE to 
correct any material error, omission, or discrepancy in its data for a 
prior year and, should a material error, omission, or discrepancy in a 
GSE's data for a prior year be not corrected by its purchase of a 
sufficient amount or type of mortgages, issuing a notice that the GSE 
has failed a housing goal or Special Affordable subgoal for a prior 
year and seeking additional enforcement remedies and/or pursuing any 
other available civil or administrative remedies under 24 CFR 
81.102(d); taking enforcement action under 24 CFR 81.102(e)(2), if the 
Assistant Secretary or General Deputy Assistant Secretary determines 
under 24 CFR 81.102(e)(1) that a GSE has failed to submit data, 
information, or reports; establishing standards and procedures for and 
imposing civil money penalties; requesting the Attorney General to 
bring enforcement actions; settling and depositing civil money 
penalties; making orders and agreements publicly available; and 
requesting the Director of the Office of Federal Housing Enterprise 
Oversight (OFHEO) to bring actions under 12 U.S.C. 4631, 4632, and 12 
U.S.C. 4636 for violations of 12 U.S.C. 1456(e)-(f), 1723a(m)-(n), and 
4547, and 24 CFR 81.102.
    (4) The Secretary delegates to the Assistant Secretary and the 
General Deputy Assistant Secretary all the power and authority with 
respect to access to information provided by the GSEs governed by 12 
U.S.C. 4525, 4543, and 4546 including, but not limited to: recommending 
the invocation of 5 U.S.C. 552(b)(3), (4), (5), (6), or (8); and to 
determine whether mortgage data or other information provided by the 
GSEs to HUD are proprietary or publicly releasable and to issue any 
rule, regulation, order, notice, letter, or other document regarding 
such determinations as may be necessary.
    (5) The Secretary delegates to the Assistant Secretary and the 
General Deputy Assistant Secretary the portion of the Secretary's 
general regulatory power under 12 U.S.C. 4541 that gives the Secretary 
the authority to make determinations regarding whether any activity of 
a GSE is or is not authorized under its Charter Act and to request the 
Director of the Office of Federal Housing Enterprise Oversight to take 
action, under 12 U.S.C. 4631(a)(3) and 12 U.S.C. 4632 through 12 U.S.C. 
4636, against a GSE that has engaged, is engaging, or is about to 
engage in any activity that is not authorized under its Charter Act. 
The authority delegated herein does not include any other portion of 
the Secretary's general regulatory authority under 12 U.S.C. 4541.
    (6) The Secretary delegates to the Assistant Secretary and the 
General Deputy Assistant Secretary all the power and authority with 
respect to book-entry procedure activities in 24 CFR part 81, subpart 
H, including, but

[[Page 60173]]

not limited to, establishing certain procedures for Federal Reserve 
Banks and waiving book-entry regulations.
    (7) The Secretary delegates to the Assistant Secretary and the 
General Deputy Assistant Secretary all the power and authority with 
respect to OFHEO activities in 12 U.S.C. 4513(c), 4516(g)(1)-(2), and 
4548(b), including, but not limited to: reviewing and approving certain 
actions of the OFHEO Director; and receiving and commenting to Congress 
on OFHEO's financial plans, forecasts, and operations reports. When 
taking action relating to OFHEO under this paragraph, the Assistant 
Secretary and the General Deputy Assistant Secretary shall consult with 
the Secretary.
    (8) The Secretary delegates to the Assistant Secretary only, 
without the power to redelegate, all the power and authority with 
respect to issuing regulations under the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) and 
waiving regulations promulgated under that Act.
    (9) The Secretary delegates to the Assistant Secretary and the 
General Deputy Assistant Secretary the power and authority to take any 
appropriate action to implement the power and authority delegated under 
this delegation.

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 is the authority to sue and 
be sued.

Section G. Conclusive Evidence of Authority

    Any instrument or document executed in the name of the Secretary by 
an employee of the Department of Housing and Urban Development under 
the authority of this delegation purporting to relinquish or transfer 
any right to, title to, or interest in, real or personal property, 
shall be conclusive evidence of the authority of such employee to act 
for the Secretary in executing such instrument or document.

Section H. Delegations Revoked

    This delegation supersedes and/or revokes all prior delegations 
from the Secretary to the Assistant Secretary for Housing-Federal 
Housing Commissioner and the General Deputy Assistant Secretary for 
Housing-Deputy Federal Housing Commissioner.

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

     Dated: September 15, 2006.
Alphonso Jackson,
Secretary.
[FR Doc. E6-16857 Filed 10-11-06; 8:45 am]
BILLING CODE 4210-67-P